The Texas State Times (Austin, Tex.), Vol. 3, No. 9, Ed. 1 Saturday, February 9, 1856 Page: 1 of 4
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CITY OF AUSTIN. TEXAS. SATURDAY. FEBRUARY 9,1856.
NUMBER!
For the Texas Sute Times.
Yam Horgfosr.
fx TOUAX T. O. TTEAW1B.
r, ft Texan—one whois too young to
* being a politieiao, and whose highest
\ an for the happiness found in an
and to pass his days in ob-
your attention on a public
, (at this once.
i of my inability to do justice
, I take up my pen to record my
L tot sincere tribute to one of the great
[tiferftth—one who has long since reached
summit of Fame's Temple, and now
tlte vapors of envy and the fogs of ob-
gather below, the "eternal sunshine
of glory and freedom beams on his brow in
Mti Wate of meridian brilliancy!
There ke stands in the majesty of conscious
aqfl who has dared the storm of
Md bravely breasted the dark-rolling
«f Eevolution, reddening them with
I own patriraatfblood! He/eel, that Texas
I tome, and he still clings fondly to his
I and beautiful land of adoption, al-
ter ungrateful sons are striving to
„ feam her,., and hurl him from his
station, to gain which, he toiled over
fk rutted crag witb weary and bleeding
fim)>sl O gratitude! once the noblest emo-
tion of Ae heart, hast thou, too, ceased to be
4ma*t>df humanity!
- ^jBseswentforth to battle in a foreign land
Jot the honor of his outraged country. He
feught and wandered for twenty years, and
jnfeuned to Ithnca, worn down with toil, to
■wet the earresBes of his dying dog—noble
<4d Argus! Bat there are some who claim
{fee wn« of Texans, who have not the grati-
tude of a Grecian dog! The man who left
bis own country and shed his blood for their
fltiulnm whrr clung to them through the
tgiooay night of anarchy and revolution, and
1 the talismanie influence of his mighty
struck terror to the hearts of the bas-
jymfci of Mexico—overthrew their craf-
r, and with the magic wand
of statesmanship, built up a flourishing Re-
public upon the ruins of an oligarchy, is now
-vilified by evfery politician, clientless lawyer,
■and grog-shop orator of the land. And these
men are Texans—a word more eloquent than
Sparta*,—* name onee fraught with all that
is noble, breve and generous. Yes, these up-
starts assume to pass sentence upon Houston,
and ftr why? For exercising the right of a
freeman; for casting a conscientious vote; for
raising bis Ciceronian tones in defence of the
persecuted and fast Aiding aborigines of
America!
But these political Lilliputians might as
well attempt to batter down the walls of the
Alamo witb eane pop-guns, as to lessen Sam
Houston's greatness with their puny squibs;
and even the biasing shots fired from the can-
nons of Wise and Dancy, and other great
TtM changeless men, only serve to make the
mark more conspicuous.
"The ragged metal of the mine,
Most born before its Surface shine."
I love the name of Houston- I venerate
.It ss I do that of Washington. When a lit-
Texas, my father taught me to love that name,
flad I shall ever cherish it as one of the no-
Vest precepts instilled into my young mind.
And when compelled to hear his name re-
proached, and his character stigmatized, it is
.ft jfeasing thought to pause and inquire who
^rtj jfeose men—these insolent Jews who spit
upon tbe bleeding Savior of their country—
tbe man wbo offered his life and shed his
biOod to redeem them and their homes from
Mexican thraldom! Are they worthy the
nine Texan? No. They are a mongrel
law, composed of fugitives from justice,
'northern renegades and Arlcansaw outlaws!
Oaly last night I heard a tallow-faced scamp
from Dismal Swamp, or thereabouts, break
forth In a bitter philKpptc on Houston's po-
litics) career, and then learnedly argue that
Nicaragua was on the other side of the Pa-
(near tbe Fegec Islands, I presume.)
There is a beast in Asia which is too cow-
ardly to attack any animal, but skulks after
tbe lion and lives upon the remains of beasts
which Ke has slain. Sam Houston is the Lion
wbo has killed the prey, and those "day-be-
Aur yesterday men" are the craven Jackals
~^$(HbUa* in his rear, and live by the might
of hlkarm!
Reader, are you a Texen ? I mean were
ygu^iere an ®sriy day, when Texas stood
by (herself, radiant with Republican glory,
. and glowicg under the crescent light of the
Lone Star? If you were, you have not for-
■ gotten how every heart throbbed with gener-
eroua impulses for the Hero of San Jacinto
>ch|m>w every tongue hailed him with joy,
Wfcik the triumphal shouts of hundreds of en-
itftMhised Texans reverberated through the
green forests, snd over the flowery bosomed
prairies! Youths spoke but to praise bim,
•ad happy young mothers christened their
fust-bora in honor of Sam Houston! But
Proceedings or tlie Senate.
Rridav, January 25, 1856.
The committee on State Affairs reported a
substitute for a bill regulating the sale of ar-
dent spirits in the different counties.
The same committee, to which was referred
a joint, resolution approving the course of Gen.
Rnsk and disapproving that of Gen. Houston,
upon the Kansas and Nebiaska act, reported
the same to the Senate to-day and recommend-
ed its passage. ... ...
The committee on public debt, to which was
referred a bill supplemental to an act providing
for ascertaining the debt of the late Republic
of Texas, approved 20th February, 1848, re-
potted the same back and recommended its
ssage. It, proposes reopening the Auditoiial
A bill donating ten sections of land to Rob-
ert Wilicn, for personal services rendered tbe
late Republic of Texas during her revolution,
passed the Senate to-day, by a vote of 24
to 6.
A bill to incorporate the Terraqueous Trans-
portation company passed the Senate to-day.
after striking from the bill all that portion
which proposes to give the company any
land.
A bill supplemental to an act to incorporate
the Aransas road company, approved February
14. 1852, passed the Senate to-day.
A number of House bills for relief passed
their third leading in the Seriate to-day.
S«,TUBJ14T, JaMHlJ i , 1856.
The Judiciary committee, to which was re-
ferred a bill to incorporate the City of Austin,
reported a substitute therefore. The rules
were suspended, and the substitute adopted,
and ordered to be engrossed The rule was
further suspended, and bill read third time and
passed.
A bill granting a pension of cne hundred dol-
lars per annum to David Cole passed the Sen-
ate to-day.
Mr. Potter offered a resolution declaring if
to be the sense of the Senate that no Senator
shall address the Senate, upon any question,
for a longer lirne than ten minutes, from this
until the 4th of February.
On motion, the resolution was amended by
striking out -ten" and inserting fcfive." The
resolution was then adopted.
A bill providing for the safe keeping of the
Capitol and its contents, and the other public
buildings and grounds on the Capitol Square
passed the Senate to-day.
A bill to incorporate the Trinity Valley rail-
road, passed a third reading in the Senate to-
day,
A bill making appropriation to pay a portion
of the Second Class Debt of the late Republic
of Texas, was engrossed in the Senate to-day.
A House bill repealing an act incorporating
the Tyler University, in Smith county, passed
the Senate to-day.
A bill incorporating the fndianola Wharf
Company passed a third reading in the Senate
to-day.
A great many House bills passed a third
reading in the Senate to-day.
Quite a scramble took place in the Senate
to-day in the confirmation of certain Notaries
Public sent in by the Governor for that con-
firmation.
Monday, January 28, 185S.
A bill to establish the State Penitentiary-
passed a third reading in the Senate to-day.
A bill for the relief of purchasers of Austin
city and out lots, was rejected by the Senate
to-day,
Mr. Armstrong introduced a bill to create the
county if Brown, also a bill to create the coun-
ty of McCulloch. Each read first, and second
times and referred te the committee en Coun-
ties and County Boundaries.
A bill for the relief of the heirs of Benjamin
R. Milam, was to-day re-comraitted to tbe
committee on Public Lauds.
A bill to encourage the improvement of the
navigation of the rivers and other navigable
waters, was taken up in the Senate to-day.
amended and passed by a vote of 20 for, to 10
against the bill.
A House bill creating the county of Live
Oak *88 taken up the Senate to-day, amen-
ded and passed.
A bill to provide for the pnrchase of a sup-
ply of the Texas Digest, for the use of the
State, was taken up and passed a third reading
in the Senate to-day.
A House bill to provide for the erection and
furnishing of a fire-proof building, to be used
as a General Land Office for the State of Tex-
as, was taken up and passed a third reading in
the Senate to-day.
A bill to authorise the District Courts to issue
land certificates in certain cases, passed a
third reading in the Senate to-day.
A bill to incorporate Payne Female Institute
passed a thin! reading to-day in the Senate.
A bill to provide for cancelling patents is-
sued upon forged evidence, was engrossed to-
day in the Senate. i
A message was received in the Hou«e in-
forming the Senate of tbe passage of quite a
number of bills originating in that body.
An unusual amount of business was transac-
ted in the senate to-day, mostly of a local char
acter.
A Bill making appropriations for the im-
provements of Rivers and other navigable
waters in Texas, was lost by the following
vote: 48 yeas, 31 nays—it requiring a two-
third vote to pass the bill.
A Bill to re-organize the 2d Judicial Dis-
trict, (Including Williamson and Guadaloupe
counties, instead of Fayette.)
A Bill granting Pelican Island to the
corporation of Galveston.
A Bill to incorporate the City of Austin.
Thursday, Jan. 31st, 185t>.
Mr. Hill introduced a bill to amend an
act to incorporate the Texas monumental com-
mittee—read first time.
Mr. Bryan introduced a joint resolution,
instructing our Senators, and requesting our
Representatives in Congress to use their in-
fluence to procure the incorporation of the
officers of the Navy of Texas—read first
time.
A House bill authorizing the county courts
of this State to grant license for the retail of
spiritous, vinous, and intoxicating liquors, in
quantities less than a quart; and imposing a
license tax for such privilege, was taken up
in tha Senate, and passed to a third reading.
Several amendments were offered to the bill,
in the Senate, but all voted down.
A bill to detect and prevent the payment
of fraudulent certificates of public debt, and
provide for the cancelation of certain money
due by the United States, passed a third
reading in the Senate to-day.
Mr. Potter, chairman of the Judiciary
committee to which was referred the code of
Civil Procedure, reported the same back to
the Senate, with a number of amendments.
Debates in ttje fjouse of KeprescntaUocs.
wTfTW EEKS, REPORTElt;
were made, Texas would really gain, so
far as dollars and cent I were concerned
by the acceptance of tlie proposition.— I say from any information of my own.
Leave the Indian indemnity out of the j am content to take the statement of G
her citizens from the frequent incursions j deny that. In the first place the true
of those Indians, I will not undertake to j doctrine on that subject, is this: thai
I; when one government becomes merged
en. j in another—merged—then all the rights
thing in leav- |
ing it unclaimed for fourteen long years,
and therefore it was not now in time to
calculation altogether, and we have the j Rusk, and he estimates it, as I said he-
stubborn fact staring us in the face, that i fore, at over §0,800,000.
Texas will sustain a loss of over two mil- f Had Texas forfeited any
mlions of dollars.
But are we not entitled to something
for this Indian Indemnity claim ? Gen.
Rusk, who has been long a citizen of j States and ask them to recognize it ?
Texas, who almost from the first day of J Sir, I ask if an\- thing unfavorable to this
his emigration to the country, became j Indian Indemnity can he drawn from j
connected "with its government, who J this tardiness on the part of Texas,
knows its history and is familiar with j I appeal as answer to history,for the con-
the transactions of the govenment from j dition of Texas during all that time,
the very day of the declaration of Inde- j which only in 1846 had the blood and
pendence down to the present time—he i dust of the revolution wiped from her
who has been indeed an actor in many of; brow, and then immediately after the
the scenes of that struggle which ulti- j cessation of hostilities between Mexico and
mately resulted in the Independence of j the United States, we find this question
Texas—what does he say? He tells us , which shook Texas from centre toeircum-
that Texas is entitled to §3,800,000 from j frence,the dispute in relation to her terri-
the General Government on this account, | tory in the North-west.
and that he entertained the hope that it Taking all this into consideration, is it
would be allowed. Now, I don't sup- j strange that she forbore to urge this thing
pose that the friends of Gen. Rusk would j before the general Government ?
insinuate, or let it be understood that lie j Is Texas, having refrained four-
is a gentleman who would indulge in hum- j teen years from urging he claim thereby
buggery. And if he said this thing, I [ barred by the statute of limitations ?
and duties of the ono which is merged
appertained to and rest upon the shoul-
ders of the one in which it is merged.
Will gentlemen tell me that Texas is
merged in the government of the United
ask his friends if they don't believe that
he meant this thing and believed it ?
Again, sir, in the discussion in Con-
gress,
in both Houses, when the bill
TcESDAr, January 29, 1856.
A bill to create the county of Jack passed
a third reading in the Senate to-day.
A bill to incorporate the town of Indianola,
passed a third reading in the Senate to-day.
A bill authorising the Assessor and Collector
of Tarrant county to collect the taxes now as-
sessed in the former territory of Tarrant coun-
ty; to pay over the same to the treasurer of
Parker county, passed a third reading in the
Senate to-day.
A bill to provide for the cancelling of patents
issued upon forged evidence passed a third read-
ing in the Senate.
A resolution was adopted in the Senate to-
day, instructing the committee on Public
Printing to notify the editors of the State Ga-
zette and the State Times that the contract to
furnish each Senator with ten copies of each
issue of their respective papers during the ses-
sion, will terminate on the fourth day of Feb-
ruary next.
A bill to rnnster into service minute men for
the protection of the frontier, was rejected in
the Senate to-day.
A bill incorporating the Jefferson and Dan-
gerfield Railroad Company passed a third
reading in the Senate to-day.
A joint- resolntion disapproving the course of
Gen. Houston and approving that of Gen.
Rusk upon the Kau-as and Nebrarka act,
passed a third reading in the Senate to-day,
Wednesday, Jan. 30. 1856.
Senate committees to-cay repotted back to
the Senate nearly all the bills that have been
referred to them for investigation and action
during the session.
The objects of the committees in making so
tmr,wben they are reaping the benefits of j by a vote of 22 for, to 6 against it.
and prosperity, and the old veteran, i An unusual amount of business was tran-
y~° j fl . S. j t ... , , sac-ted in the Senate to-day.
Who pouted out his blood to establish these The St>nate fo.day refu/e(i to pass a bin for
golden days, has grown grey in the councils the relief of certain sheriffs, over the objec-
<«f nff nation, men who know nothing of the j ''cn3 'he Gevernor.
-awn, who were never in a battle, rise up, like
mushrooms, the growth of a night, and pom-
pously proclaim, " down with the traitor, he
voted against the Nebraska hill!"
Bnt Sam Hooston has nothing to fear from
his political enemies. He is beyond their
reaeh, and every shot they fire falls far be-
low him—
" The Eagle's gaze alone surveys
The Sun's meredian splendor."
His name is already recorded among the
gnat ones of Time, and if there be any "im-
mortal names—not born to die," conspicuous
among them is Houston's.
Sam Houston! the Hero of San Jacinto—
the nobleman of nature, who was not too proud
to wear russet shoes, and cast his hard earn
ed wages into the Treasury of his struggling
country^! The President of a Republic wear-
ing russet shoes! Think of that, you pitiful,
calf-shod, high-hceled demagogues, who, like
tbe snail, leave nothing but slime behind
Friday, Dec. 14,1855.
After the transaction of some other bu-
sinsss, the House took up the bill pro-
viding for giving the assent of Texas
to an act of the Congress of the Uni-
ted States for the adjustment of the
claims of certain creditors of the
State of Texas.
Mr. POAG, said: Yesterday, when
the House adjourned, having then just
attained the floor, I was about confessing
that I had entertained the hope that this
question would not be mingled with any
other, as I deemed it a question, as far
at least as Texas was concerned, of more
than ordinary importance. And I will
be permitted now to say that I regret
that first the gentleman from Harris,
(Mr. Smith,) and again, the gentleman
from Nacogdoches, (Mr. Pollock) follow-
ing in his wake, should have seen proper
in the remarks made by them, to blend
this subject with several other subjects
that have been agitating the minds of the
people of Texas, and have had some lit-
tle to do with the meditations of members
of this body, since the legislature lias
convened. I hold that in the treatment
of a question which involves a point of
honor, or may even be supposed to do so,
there should be no duplicity, no double
pleading; the issue should be direct, po-
sitive, plain and simple. And here, sir,
I cannot refrain from expressing the
opinion that those gentlemen who favor
the acceptance of this proposition from
the General Government to the State of
Texas, if they succeed, will not realize !
the golden visions which they- have de-
picted.
Suyl think that after this proposition
shall have been accepted, if it should he
accepted, and those gentlemen imagine
that by accepting it they will reinstate
the credit of the State in such a way that
she can borrow any amount she may de-
sire in the money markets of the world,
they will find that they have had a
"dream which icas alia dream." I think
the argument that Texas, by accepting
this proposition, would reinstate her
credit before the world, has been so com-
pletely, perfectly and unanswerably re-
futed by the gentleman from Washington
(Mr. Sayles) the other day, that it will
hardly raise i'.s head again in this discus-
sion in this House. So far as that ar-
gument is concerned, I desire to leave it
where he placed it, in obscurity and ob-
livion.
I am opposed to the acceptance of this
proposition by the General Government
to pay the debt of Texas. I shall, there-
fore, vote against this bill which proposes
that acceptance. I deem it moreover my
duty to do more thxm that—to raise my
voice against it, humble as I am, and fee-
ble and impotent as may be that voice.
And it is a little amusing, Mr. Speak-
er, to observe the various and differing
calculations which have been made in re-
lation to this matter, to determine what
Texas will gain or lose by accepting this
proposition. It will astonish any man
who shall examine the various tables of
figureo presented here, showing a differ-
ence of from 65,000 to sixty-five hun-
dred thousand dollars.
This is a great disparity, so great, tnat
it seems to me it cannot he reconciled;
it seems to me that there must be some
error on the one hand or the other. I
never was expert at figures—I always
make mistakes. But it seems to me
mistakes need not be made in so plain a
matter, involving nothing but addition
and subtraction.
I will therefore beg the attention of the
House, while I run over a slight calcu-
lation I myself had made, and nearly
the same with that made by the minority
of the committee in their report. I
wish it, however, to be borne in mind al-
ways, that the question is not what Tex-
as will gain or lose by the acceptance of
| this proposition, but it is simply what is
the difference between the amount the
Governments dont permit that statute
to be pleaded against them, and dont of-
ten plead it.
I refer again to the debates which oc-
wliich is now this act containing this prop- | currcd in Congress when this Texas debt
osition to Texas was then debated, it was j act was up. Not one word was then said
never doubted for a single moment by j about the tardiness of Texas, or that she
any of ihose who participated iu the de- j had lost her rights by sleeping over them,
bate, that the General Government owed I not. one word.
Texrs something upon this account. I j This idea, dimly shadowed forth in the
know there was opposition. But the op- j message of his Excellency,the Governor,
position was to this—that so large an | to this legislature, has been greedily
amount should be appropriated for this j caught hold of by those in favor of the
claim without any examination whatever. | acceptance of the proposition, and is
I believe tbe claim was never submitted j now solemnly announced upon this floor,
te a committee in either branch of the j The government of the United States
present this claim before the United ; States ? Is there any man here so bold
as to say that the sovereignty of the
State of Texas is merged in the sover-
eignty of the general governmen ? It
would seem strange to me at this day to
hear such a doctrine advocated. The
day was, in the history of the United
States, when that doctrine had some con-
siderable advocacy( But the error was
too monstrous, to be perpetuated.
Texas was not merged. She lost not
one single feature of her identity. But
even if she had, the United States did not
entirely make a pauper of Texas. Not
so. She left her all, her territory, and
for the express purpose,as the cotistracting
parties themselves said in the articles of
annexation—to pay this debt.
Where then is any obligation arising
on the part of the Government of the
United States? No, air, it is the un-
derstanding that Texas is to pay her own
debt. And she has ever been willing to
do it.
Here, Mr. Speaker, I must confess I
am puzzled.
In the report of the majority of the
committee on the public debt,—in that
long, laborious, able, ingenious, and I
may add, learned report, an author-
ity—quoted in the language in which it
it Avas written—a language foreign from
our own—a language about which I have
no hesitation in confessing
O
Congress. It was never contended for a
single moment that the government of
the United States did not owe Texas
something upon this account. Then sir,
that taken in connection with the fact
that this bill actually passed by Congress
recognizes the claim to the amount of ■ the motives of any man
on'c and a half millions. I say it must | or the other.
be clear that there is something due, and j Again, Mr. Speaker, it is said that
I have the utmost confidence that if there j Texas cannot control this matter—that
is any thing due from the government of! by her agreeing to the annexation resolu-
the United States to the State of Texas, J tions, and also to the act for the sale of
did not see proper to make it for herself,
and I think it is going very far for gen-
tlemen to make it for her.
It is made by those whom I shall call
the opponents of Texas, and I wish it to
be understood that I am not impugning
on the one side
it will be paid.
But in the face of all this, we are told
by the gentleman from Harris that there
never was any treaty obligation at all ex-
isting either between Texas and the Uni-
ted States was under any obligation what-
ever to hold in clicck and keep her Indi-
ans from interfering with the property or
persons of the citizens of Texas.
Mr. SMITH of Harris : By the per-
mission of the gentleman from Panola,
(Mr. Poag,) 1 will make a slight correc-
tion. That gentleman has asserted, if I
her North-western territory she has made
the government of the United States a
party as well as the creditors, and that no
proposition which we, the people of the
State of Texas will make, will be binding;
that there must be an understanding and
agreement between all parties—between
the three parties concerned, before any
! proposition can be carried out.
i Sir, if this were true, if this were the
| fact, if such were the statu of affairs,
and in truth and fact the creditors of
Texas or the government of the United
understand him now, that I made a state- j States had a say-so in this matter, then,
the gentleman
ment that there was no treaty existing
which obliged the United States to re-
strain her Indians within her own terri-
tory.
Mr. POAG: I said this—I understood
the gentleman from Harris, (Mr. Smith,)
to state distinctly, that there was no trea-
ty either between Texas, after she be-
came a Republic and the United, or be-
tween the United States and Mexico pre-
vious to that time, by which the United
States government had bound herself to
keep in check her Indians, and prevent
them from depredating upon peisons and
property in Mexico or Texas.
indeed, I admit the argument would not
bo without force. But I deny it. Texas
when she became a member of this Union,
I had thought, placed herself precisely
in the same footing which every other
State wIiicli,prcviously to that time had
formed the confederacy occupied—no
more nor less. The State retained all
her reserved rights as a State, and con-
ceded only what those States had pre-
viously concedcd. The bond in which
this agreement is written is the constitu-
tion of the United States-
Suppose, for instance, that Texas lias
agreed with the United States in the
Mr. SMITH of Harris: I stated that' articles of annexation, that the United
a claim for §3,800,000 had been made
against the United States for depreda-
tions committed by United States Indi-
ans.
I also stated that no treaty, convention
or agreement existed between the Uni-
ted States and Mexico or Texas, which
is the same thing as legatee of the rights
of Mexioo, under which a claim could j trol of our financial affairs generally, I
be justly made to the amount of §3,800,- ask could the United States under such
States might regulate the subject of sla-
very in the State of Texas. I ask any
member here, could the United States
have done it, Ave having agreed to it ?
Suppose Ave had agreed that the United
States should undertake to scctionize our
vacant territory and sell it for us, or
should undertake the regulation and con-
many reports were to have alt the business be-
fore the Senate at its meeting in July.
The Judiciary committee of the Senate has | „
the Code of Civil Procedure reaiiy for report to I vicnoral (jOACinment owes to the State
| the Senate for action. I of Texas, and what it sees proper to set-
yoo! Sam Housson, the citizen of the Uni-
ted States, moves boldly along the pathway
of Right, regardless ofSonthern prejudice, or
northern bigotry. Would to God there were
more Sam Houston's in the United States.
Alton, Januajy, 1856.
Nine persons, all Irish, have been arrested
in Cincinnati, by the U. S. Marshal, on the
A joint resolution rebuking the State of Mas-
sachusetts for nullifying the Fugitive Slave
Law, was postponed in the Senate to-day.
A bill to Ascertain the legal claims ior mo.
ney and land against the State, passed a third
reading in the Senate to-day.
A bdl to incorporate the Victoria and Gon-
zales Railroad Company pas;eda third reading
in the Senate to-day.
tie for the State of Texas.
In the first place there are the five
| millions of United States five per cent
bonds. The interest on that up to the
time of the passage of the laAv cotaining
the proposition made to Texas is one and
one-fourth millions. The bonds are
000
I declared that so far as I was con-
cerned a just claim could not be main-
tained for §38,000 the hundreth part of
§3,800,000, and that as a matter of fact,
not one single dime had been claimed un-
der any such treaty, hv any individual.
In 1849, when the subject of Indian
depredations Avas investigated in this leg-
islature, a gross amount of §103,277 was
exhibited as the amount of all the Indi-
an depredations committed by all Indi-
ans whatsoever—all theso spoliations uoav
swelling out to §3,800,000, and these
spoliations were stated on that occasion
in the report of a gentleman now on this
floor to have been committed in the fol-
loAving places: in Nueces and San Pa-
trico coi:ntiefyn Starr county on the Rio
Grande, in our Northern and North-wes-
tern counties, in Webb county, in Goliad
and Gaudaloupe counties, in Cameron
county &c.
That covers the whole ground, and on-
ly those committed in the Northern coun-
ties, amounting to §15,750, Averc ever
claimed to be committed any where with-
in the neighborhood even of the United
States frontier, and it is not clear that
tlise Avcre committed by United States
Indians.
But that is not all. I applied to a
gentleman who has lived on Red River
since 1820, a member of this House, Mr.
Stout, and he, with that fairness and
honesty which belongs to his character,
at once coincided with my vieAV of the
case, and said that he knew this was so,
an agreement have dene it ? No, sir.
That government is a government of
limited powers and prescribed duties,
and cannot move one single inch beyond
them.
And I have not learned as yet that
the States have consented and agreed
that the governnent of the United States
shall set up business on its OAvn account.
Texas gave to the general government,
Avhen she became a member of the Union,
no further powers over her affairs than
the constitution gives her over the States
all together.
I know but
little—a language too, the pronunciation
of which, to me, is ahvays difficult. I
beg that the Clerk be permitted to read
the portion I allude to. It is the cita-
tion from Grotius. I don't desire it
translated. I Avant it in its purity.
The Clerk declining to read it, Mr.
SMITH, of Harris, said:
At the request of the gentleman, I
will read it. Though if it Avere not out
of place I should say I Avas astonished
to see a gentleman get up here to discuss
a question of international law, and ac-
knoAvlcdge that he does not knoAv the lan-
guage in which that law is written
Mr. POAG. I trust
will pardon in me, what he seems to re-
gard as a grent presumption. I feel no
humiliation in acknowledging that my
acquaintance with the language at pre-
sent, is quite limited—never Avas exten-
sive. If he has been more fortunate in
early opportunities, or less negligent in
after years, it is Avcll; and I think, I
trust, Avithout presumption, it may be
regarded as an assurance that he will
never permit his extensive learning to
degenerate into pedantry.
The passage was read by Mr. Smith,
as follows:
"Quod si uniantur duo populi, non
amittentur jura sed communicabuntnr,
sicut Sabinorum primo deinde Albanorum
jus in Romanos transfusum est, et una
facta Respublica, ut Livius loquitur.
Idemque censendum de regnis, quae non
focdere, aut eo duntaxat quod regem
communem habeant, sed vera unitate
junguntur.—Grotius, Lib. II. c. 9—s. 9.
Mr. POAG resumed: The doctrine
announced by this authority does not ap-
ply to this government. The gOArem-
ments from which that distinguished au-
thor draw his instances, were not like
ours. I say that Rome in her palmiest
days, Avhen he arms were A'ictorious over
every land and over every sea—when the
great mind of that people was sending
out a volume of light in philosophy, in
trying to tfhjtt her creditots. She dkl j whose arms she had thrown henrtlf,!
all she could do. j say, with too much recklessness, for ]
Another argument that has been urg- ' and protection. Texas embraced a J
ed in favor of the bill is th*f this is the j extent of country; it extended froiL.
best we can do. That the General Gov- j Sabine to the Rio Grande, from the!
eminent has the five millions tied up in iren groves of the sunny South to the I
such away, by construction taken along J mists of the Rocky Mountains. A J
Avith law, thi t Texas never can reach one j State Texas then was, and she was * a
single dime—that such is the. fixed poli-1 State!
cv of the United States—that not one j These were the sum and substanc
single cent should be paid to Texas or ! her offending. It was not because
any of the creditors until a literal com- General Government desired the pc
pliance is made with this proviso; riot a j of her lands—not on account of heti
sensible, equitable compliance, but a lit- i nitude—not because her right was
eral-compliance; that until, in other clear. But because she was a slave Si
words, a receipt is filed for the very last1 she had to be marred and mangled in 1
dollar of this particular class of debt, she j fair proportions. Texas had a clear ri
would not advance any portion of it eith- ; to this territory. The General Gov«
er to Texas or the creditors of Texas. j ment desired it. Texas endeavored
This argument I state here I will not mediately after the orgafiizatfon of
condescend to answer. It is the same J State Government to extend lief laws <
argument which was held up before peo-
ple of Texas in 1850, when they Avere im-
portuned to yield up one third of the
State. It is an argument more fit to be
addressed to the ears of slaves than to
those of freemen. I will not condescend
to answer it. It will have no force with
me. And if I understand the composi-
tion of the people of Texas, it will have
no force with them.
But, Mr. Speaker, I do not believe in
the conclusion, that this is the best that
can be done in this matter. I am told j tinevery ray of interest converged
and I believe that this proposition Avas i on that point. Tlie then Executive
set on foot at the instance and in conse-1 country (Gov. Bell) was firm,
quence of the importunity of the creditors stood ttpon^the rights of the Stated-
bearing on Congress.
Santa Fe and that territory.
How Avas gfhe met ? By" resatanc
and from Avlisrt quarter ? Not from
own citizens, hut from the United St
forces. Here was ai* issue of fearful i
portance. It was an issue between
creignties—the United States on the (
hand—the State of Tciicas on the ot
Issues betAveen such parties often re
in fearful consequences.' "fchen soa
cign meets sovereign there is hut one t
peal. All eyes were turned towards j
If they have that
sort of influence with Congress, if they
have fiucceeded in procuring from Con-
gress an act of this sort, can't they pro-
cure the passage of a law to do away
with this strange construction of that pro-
viso, which av>!1 enable them to go there
and receive the five millions in payment,
according to our scaling system, or let it
be received here, and let the General
Government refund it? I think so. The
General Government can haA*e no reason-
able ground upon which to refuse an ar-
rangement, so fair and so just. The on-
ly honest reason that Government can
have for holding on to the five millions,
is to secure tlie payment of the debt.
No one can doubt that Texas has the
right to decide Avhat it is. She has a
right to pay by repudiation if she thinks
proper. If Texas pays her debt accord-
ing to her scaling system, the General
GoA-crnment is released from all liability.
Nor, sir, have I any fears in common
with the gentleman from Harris, (Mr.
Smith) expressed by him the other day,
seemingly Avith a good degree of ear-
nestness, that if we dallied about this
matter, the General Government would
her sister States clustered around her.|
His name will be embalmed for po
ity. A crisis—truly a crisis was at I
But at that moment a voice was he
from Washington—a syren's voice.
General GoA-ermnent proposed to pti
chase this territory. Was it not st
she should propose to purchase that wl
she said was her own ?
Other issues were linked in with
matter. A portion of that very terrid
ry was already incorporated and put \
der a Territorial Government. Ten 1
lions of dollars Avere offered. The swot
as it has been said, and not in fignratij
language only, was held in eae
while the tempting ptirse Avas stretch
forth with the other. If Texas had l
left free to decide this question unint
fered with—if she had Deen permitted.]
give an expression of her sentimedts,!
say that there would not have been
much cause for complaint. I wisli it
be understood distinctly that I Avottld :
now be in fiiA'or of disturbing the
promise measures of 1850. But I
that Texas was not dealt fairly witb
relation to this subject at that time.
Neither this temptation— neither br
pay the whole Texas debt at its face A'al-1nor threat Avonld have had any force
ue, and then turn round upon Texas for
compensation, and make her refund. I
have no such fears upon that subject.
But if the General Government should
be guilty of such a piece of blindness and
madness, I have this to say: let her col-
lect it—let her come here and collect it
—let her take her pound of flesh. But
let her remember that in taking it, "she
takes it at the hazzard of shedding one
drop of Texan blood.".
But independently of all these consid-
erations, and though Texas should be a
gainer in dollars and cents to an amount
much greater than that, she would cer-
tainly lose by the acceptance of this pro-
position, I, for one, would go against it.
I regard it as involving a principle of
honor, and AAlien the honor of the State
is at stake, I Avould sooner see her fair
name expunged from the catalogue of na->
tions, than have her recede one inch. It
is true, sir, much of this debt Avas con-
tracted in the darkest hours of the histo-
ry of the Republic; but no matter how
science, iii literature, and upon the sub- great may be the obligation—-no matter
ject of laws, it neA er entered their heads j iioav deep the gratitude, which has been
that a set of independent sovereign
States or communities, could combine
themselves under one government, arid
at the same time lose no feature of their
identity, and deprive themselves of no
tittle of their sovereignty; nor do I sup-
pose the mind of Grotius had any con- j honor. Why, it is said to us, this pro
ception of the possibility of such a thing.! position is a plain, simple thing; there is
Ti. <- -• i- -i — - nothing in it that appears dishonorable.
Sir, I admit that there is nothing on
Texas. But an appeal was made to]
sentiment higher than either. She
told that the Union depended upon
acceptance of the proposition and
sale of her territory. . This idea was i
pressed upon the people by fhose in favJ
of the sale on every occasion and opp
tunity. An appeal was made to u
patriotism. It was said that the dcsti|
of this Union hung upon their decisioij
It might have been so—I believe it wi]
false. The bonds of this Union are ^
of iron—they are stronger. They
justice, equality amongst the States; i
a sacred regard for the Constitution.-
This Union Avill be preserved while it:
Avorth presenting; when it fails to
considerable extent to subserve the
poses for Avhich it was created,
bonds will become weaker than the "mo
beam's watery ray," and the Union itself
be trampled, with contempt, under foot
Bnt Texas had decide. The hopes <
the South, in a great measure, hung \
that decision. The eyes of the worjj
were upon her.
This it would have sctmed^ oteht
have been enough. But oh God! in th
awful hour, she Avas seen to falter, he
steps grew unsteady,—she lottered.-
Long and bitterly must she mourn ove
Its nature is precisely expressed in the
language of the Romans, in the motto
"e piuribus unutn," but the idea neA-er
occurred to them. It Avas reserved for
this neAV continent.
But suppose the General Government
is interested, and jointly bound Avith
Texas, to pay the debt, the obligation can
only exist against her so long as it re-
mains against Texas, and when it is dis-
But it is said the retention of the fiA-e j charged as to the one, it is of necessity
millions, the proA*iso by which the Uni- J gone to the other. NoAvno one Avill deny
ted States had the right to retain the ~
fiA'e millions, the proviso in the north-
western boundary act, that made lier a
party
Why, sir, I did not understand it so.!
I dont think the people of Texas so un- J
derstood it at the time. T hat Avas re- |
served simply for indemnity. That Avas j
the only idea entertained of it Avhen the
question Avas put before the people in I
1850. To show that Texas did not so |
understand it, it is Avell knoAvn that in
1840 her scaling system Avas agitated be-
fore the people in the canvass. In 1848
she laid the foundation of that system.
From that day to this she has adhered
to it, and acted upon it; and never for
one single moment did she suppose Avhen
she acquiesced in the proposition of the
general government and was annexed to
the Union, nor Avhen she acquiesced in the
sale of her northwestern territory, that
that the State of Texas has the right to
settle her debt in just such mode and 1 Texas.
manner as she may see proper; nay, far- j By the stipulations Avhich followed, the
ther, she may dissipate and discharge it; Mexican army was to retreat beyond the
by Repudiation, if she sees fit, and no j Rio Grande. It did so. From that day
one can gainsay her right to do so. Sup- to this, I say, Texas has eA-er claimed
pose she discharges it in either manner,
beautifully said to be the "memory of
the heart," that may enter into its con-
sideration—there is no consideration on
earth which Ought to induce a State to
forget her own interests—nothing that this fatal error, Avhose fruits even noil
ought to induce her to be forgetful of her j begin to fall.
This indeed was a Aictory of freesoit
ism, and of fanaticism 0A-er th® rights)
the South. That principle marched ai
one single stride for the parallel of 42
down to 32°. I know that in the or
ization of the territory of New Me
the Wilmot ProA isoAvas not appended.'
' But so far as the interests of the Sout
I are concerned—so far as the interests o4
slaA"ery were affected, it might as wel
have been. Previously to that time al
Texas, from the coast to forty two de
grces north latitude, was slave territory j
now, practically, all the ceded portion ia
otherwise. Such has been the treatment
which Texas has receiA-ed at the hands o|
the General GoA-ernment; and this
move, is but the last act of that drai
is
the face of the proposition itself, taking
it so far as its letter and language are
concerned, disrespectful; hut who can
forget—what Texa#cspecially can oblit-
erate from his mind, that this is but a
simple item in a long series of transac-
tions, running as far back as 183G? In
that year, the battle of San Jacinto Avas
fought. It gave victory to the righteous
cause, and liberty and freedom to the
then bleeding, fainting, almost exhausted
Avhat further interest has the U. States
in it—Avhat further obligation rests upon
her ?
The General Government can only be
interested in the payment of the debt
according to Avhat Texas may determine
the amount to be, and the manner. And
that done she is forever released.
But it is said here again in this House,
and out of it, as an argument why we
should accept this proposition, that Ave
arc keeping the poor creditors out of
covering only the brief space of sev<
years, which, in its consummation, is
every foot of that territory East of that j fill to overflowing the cup of onr .i
river, which had previously belonged to j and disgrace. These transactions b:
Mexico; and in December of'tliat same ;us to our present condition. They a!
year, her Congress declared that the I contributed to it, and ought to enter int
limits of the State of Texas commenccd j the consideration of this Mestion
at the mouth of the Rio Grande, three ! I do think that the Genei« Government
leagues from shore—up that stream to ;is acting in bad faith, in refusing to per
its source—thence North to 42 degrees | mit us to use that five millions m sonu
of North latitude. j practical way in thepayment of this
Thus Texas matters stood at the pc- j ticular debt. It will be remembered that
riod of annexation. The war broke out | Texas always protested against the p:
between Mexico and the United States, j ticular construction of the Proviso.
That resulted, not so much from the fact j Accordingly in 1852 she passed a Ian
of annexation as from previously exist- j by which if "Congress had acq
ing causes of dispute betAveen the goA*-^shc could have by tliis time been, goii
ernments. A treaty concluded that Avar , on and perhaps have effected the "
the treaty of Guadalupe Hidalgo. By payment of her debt. How has
By sayin
A number of House bills were taken up in j worth, I am told, ten per cent premium,
the Senate to-day and passed a third reading, j Avhich will make §500,000 more. There
is §3,800,000, for Indian depredations,
making the sum of §10,550,000. There
House of Representatives.
During the present week, the House tran?- . our.-.-a .i - ,
acted considerable business, principally in | ~ ° 'jJJ ' en ln ^ f bonds of the
the way of relief bills, incorporations, ex- j Oenei a|_ Goa'cinment, belonging to the
tending time of railroad companies, etc. ' State ot lexas.
their just dues—that Ave are postponing
the settlement, and the original claimant
i will be dead, and his children groAv grey
from personal observation, and that the ! sho was giving up her independent right without getting their just dues; unless
sum ot $>14, ioO was more than double j to say wjjat }jer an(] to pay it i wc now take into consideration and adopt that treaty, the line which was to diA-ide ibeen answered?
>T~ I in nnp ntrn -ivn-tr • tViot- tt-o= tl.nra. ' the Tironosifion. nnd n.-iv off the dplits at. • Arpvicn anfl tlir> TTn!tr.<l Stntos runs fnr ! hv>t tliic mmmv <
er committed.
Mr. POAG: So far then as amount is
concerned, I leave that with the gentle-
man from Harris and Gen. Rusk. He J sucjj jnforencc can ]je legitimately drawn ^ _
from the proviso in the boundary act. ; became able to pay—the very moment j to settle all questions of boundary be- j of what may be their just due.
i But again, it is said that the* United i shc camc in possession of a fund by which j twecn Texas and, other governments. I It is argued here that this pfojKri&ott1
I States took possession of the resources she cou,d discharge her liabilities, she j This other < ■ * 1 ^ - • - ......
, of Texas, and thereby became liable ac- j manifcsted the utmost Avillingness, nay, Mexico—no other Government than
j cording to the law of nations, to pay the { eagerness to settle this debt.
; debt of Texas. And the gentleman from I I am not sure that the creditors are
| Nacogdoches, (Mr. Pollock,) went so far ! not doing themseh-es injustice. Weave
| as to insist that she not onlv thereby be- | not accountable for the strange construc- , the stipulations of the treaty of Guada- j what in justice
came an endorser or surety, but said she j tion placed by the officers of the United j JUPC Hidalgo, Avhich fixed the boundary | other words wl
,1 j, || , , j . | iiiim iiv-i ucui nai, auu iu jm , n ; — — y- —- j ■> ""v. .....v,.. | uccu «ibii«cu . wy ou*lll<r WO CM-9
amount ot all those depredations ev- jn ;1C1. ov> n way. 01. t}lat s]ie was there-! tbe proposition, and pay off the debts at j Mexico and the United States, runs far j trol this money, and 'you shan't have _.
j by yielding either to the creditors of once. Now it seems to me that if any j west of what Texas ever claimed as her unless you acquiesce in our proposal ; hi
j Texas or the United States any right to : onc will cast an eye to tbe past conduct' border. It will be remembered that it ] other words, unless you abolish your foul
j interfere in the matter. Sir, 'surely no j Texas in relation to her public debt, I was stipulated in the annexation resolu- j scaling system, and "consent that we ]
he will perceive that the very moment she j tions, that the General GoA'ernment was I your creditors according to our Hot*
tme able to pay—the very moment j to settle all questions of boundary be- ' ~ "
came in possession of a fund by which j tAveen Texas and_ other governments.
she could discharge her liabilities, she This other certainly alluded alone to is no infringement of our scaling "systeml
md thereby became liable ac- i mai>ifcsted the utmost willingness, nay, Mexico—no other "Government thanthat it didn't impair it at all—that <his|
meant, for between Texas ' too is a scaling system.
admits that there Avas a treaty, Avhich I
stood here prepared to show.
Mr. SMITH of Harris: I beg leave
to State, that at the time I Avas speaking
I had the treaty lying before me. I now
hold it in my hands,it is the treaty of 1831,
m my remarks on
January 31st, 1850.
What does she propose now to pay for
Texas, or to advance for her in lieu of
I this §4,4ti7,75(P?
The balance then is
of violating our neutrality laws.—
Tfcey are supposed to be acting in concert
with large parties In. Now -York, who are
prop ing a desoent on Irdaud.
BILLS PASSED.
A Bill for the relief of Buffalo Bayou,
Brazos and Colorado li. 11. Company. j ~ '£11C balance then is §6,083,000 m
Joint Kesolution, asking to incorporate i figurcs so plaiu no man can mistake them
the i\avy- Officers of the late Republic oi j And t it was urged by those gentle-
lexas in the u. S. "Navy. ! / i° J . . G „ .
A Bill to creatc and organize the county mC/lr W 10 eomposei a majori y of the
of Cibo'.o. ' Pubhc debt committee, and reputed by
A Bill to incorporate the Trinity R. 11. | tbom, that lexas Avould only lose §45,-
Company. 000. They Avent further even than that,
A Bill to pay the six Companies of Ran- j and it was asserted here by the gentle-
gers called into service on the 1st day of, man from Harris, (Mr. Smith,) that if a
November, l^al. neat, a nice and complete calculation
referred to at length
this bill
Mr. POAG: It was a treaty ratified
j in 1832. Then it is understood that
} there Avas a treaty entered into and
I finally ratified in April, 1832, by
j which the government of the United
| States was bound to check and restrain
her Indians from interfering Avith the
j persons and the property of the people
f Texas. That f,hc gentleman from
Mexico Avas
and no other government Was there any j Now let ns see. What is the s<
dispute about boundary. Now, I say, by ] system ? Texas undertakes to ascei
* —*-■ ' ' '' ; and equity she owes;
. - . . . _ , hat she has received for th
had become a principal. It is the first I States GoA*ernment upon this Reama-! between the United States and Mexico i evidences of debt outstanding against
time in my life that I ever saw a securi- j tion Proviso in the Boundary Act, thai! ^:ir west of Avliat Texas had CA*er claimcd, I her- Is not that a policy of equity ?
tv or endorser struggling before a court I shocked the understanding of every sen-1 the right of Texas became perfect to ! Is there any such thing in this pi
ot' justice to be regarded as the principal j sible man in the country. Texas was! every foot of territory she had claimed, j sitioti of that equitable character. Il
debtor. I was amused Avith that part of I astonished Avhen she heard it. And ! for her right to it had never been ques- 1 ces all the various claims upon an eq)
the gentleman's argument. But he said i Texas immediately passed a law declar- j tioned by any, save Mexico, and she had | footing, no matter whether we
when he commenced, that by reason of j ing that she Avotihl pay the creditors off | yielded it up.
I them at 25 cents or allowed ' a dollar J
Tea-
ot .lexas. ^ lhat t,he gentleman liom her taking the import duties pledged for if the General Government would refund | That moment her boundary was eter- ; And this Ave are told is miniffjlyng
Harris admits. | the payment of the debt, sho thereby be-i to us pari passu. What more could ! nally settled, or ought to have been. But i regard for the scaling system thatf*
Now sir, to what extent the citizens of came s. co-debtor, whether in the first or j Texas do? She was unwilling to rcseind such Avas not the case.- No one really i; has adopted \ The assertion is j
the Republic of Texas suffered by reason | second degree makes no difference, and what she had declared to the world was1 would have thought that after all this,- absurd. -;r
f depredations committed by the United that she from this is bound to make a set- j just, honest and right. She Avas umvil- j Texas Avould have difficulty or dispute in I It fe saying to Texas^you have been jjfcl
to give her the ling to acknowledge to the Avhole world i relation to he* boundary. But it Avas dis- ingly A-illainously ; we happen to have ial
States Indians; and what amount of mon-
ey Texas actually expended in defending
tlement, and that this is
ri'dit of determining the
amount due. 1 j that she had been playing the villain, and | putcd, and by that very" Govei aui'cut into j (Continued on the "fourth page, ji
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Ford, John S. & Jones, William E. The Texas State Times (Austin, Tex.), Vol. 3, No. 9, Ed. 1 Saturday, February 9, 1856, newspaper, February 9, 1856; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth235795/m1/1/?q=tex-fron: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.