Tri-Weekly State Times (Austin, Tex.), Vol. 1, No. 29, Ed. 1, Thursday, January 19, 1854 Page: 1 of 4
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VOL. l.
AUSTIN TEXAS. THURSDAY JANUARY 19 1854.
NO 29
rit.vut'i
FIFTH LBGlSIjATUaB.
DEBATES IN THE SENATE.
7 'irvitlST Kcpoi'lcr.
TuilPlMV Jim.
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The l)ill to bo entitled An iict to
Amend An net supplementary to An
not to incorporate the Vicksburg and
El Paso railroad company being bclbro
Senate upon its second reading the ques-
tion pending was the adoption of the re-
port made by a majority of the commit-
tee recommending a substitute to 3rd
flection and the passage of the bill.
(ThciAvaslTmmorily ' report 5 made
which recommended' the' rejection" of he
-bin.) dMRttMMR
Bcmarlrs oj Mr.
good judge of a man's objects by his ac-
tions.' It is "well known that if the Paci-
fic road should be constructed that they
will not construct theirs unless it is by
n combination making a double track as
I have stated before. They must either
believe that the Pacific road will not be
built or intend to interfere with its con-
struction and probably make a specula-
tion out of it. If not Avhy do they press
this bill ? If we pass this bill and the
company combine with the Pacific rail-
road company in the construction of a
double track through to El Paso then
you will see the greatest speculation that
was over known under the shining cano-
py of heaven a monopoly that will feed
tee and as it has been alluded to in the
manner which 1 have stated I feel it my
duty to say a few words by the way of an
explanation. 1 do not rise to defond.its
action put to place myself properly be-
fore the Senate. Rd'oro 1 w-cliKupon
the committee 1 had hoard that' the com-
pany had located upon the route for the
Pacific road. 1 was opposed to a' locu-
tion of that kind and believed that it did
conflict with the interests of the Pacific
road; but sir after examining the ques-
tion fully I came to the conclusion as
Senator Paschal did. that the location
Mid not interfere with it that is my hum
ble opinion yet. 1 have told the opposi-
tion of this measure that if they would
"point out any "snake" in'it I would vote
against it. I have Iiecn entertained bv
"P7M2V continiicd.ff the-eloquence 'of gnllcmcri who oppose
uiis uiii ; dug none oi mem nave pmmcu
out its dangerous features. If it has
any it would seem to mo that they might
be easily pointed out by gentlemen who
are so sagacious as to see its dangers at
a glance. I do not wish to be understood
as arguing in support of the bill but only
to show my position upon the committee
though I say again that if the enemies of
the bill will show any "snake" in it I
will assist them to kill it. Now a word
in regard to the meeting at which the or-
ganization was had. Although the sup-
plementary act approved last February
gave them the right to meet at such times
ask would he extended to me upon this
question which is of such deep interest to
my constituents. Heretofore I have been
satisfied to repose their interests in the
votes which I might cast. And as I liavo
troubled the Senate but littlo in the ordi-
nary'discjissious of this body I hope
som indulgence will be allowed mo fo ra
few moments.
rCrics of "Go on! Leave!"
That committee was appointed which
I havo the privilege of referring to for
the purpose of examining into the merits of
this hill for the purpose of seoing wheth-
er it had anything objectionable in its
features. I inquired while in that com-
mittee if the action of the commissioners
of :tho' company could bo nroduced. I
S.l '. i T . 1 ' 1 J.
jtin$Krmt.iiiuur
their' acts ought
committee to enable them to give an in
telligent report. It seemed that some of
the committee did not think it necessary.
I remarked that if I were placed upon a
committee I considered it my duty to
make a fair examination of what might
come before me. I asked if the articles
of organization of the company oonld be
had ? They could not be given. No one
seemed to 1uioav anything of them; but
the majority of the committee determined
to report favorably upon the bill. 1 bad
gained no information that throw any
light upon the action of the commission-
ers or what might be the effect of con-
and places as they might choose the en-1 firming the- action of that meeting. I
given by the charter: with the object fn
view of healing the wound they thought
to reliev themselves by passing the "Act
supplementary to 'An act to incorporate
the Vicksburg and El Paso Railroad
Company' " which gave them the right
to meet at such times and places as thoy
might choose. This supplementary act
did not sufficiently describe tho act to
which it was intended to bo an amend-
ment; and although they held a meeting
under it they felt that they had forfeited
their charter: that they could tako no
rights by and through an unconstitution-
al amendatory act. Now they come here
and ask the passage of another act that
would restore them in the confidenco of
tho noonlo.and thus thev could risk a
afehnUnquiry because 1 thought that- mmg&eadjantago and specu-
teir' acts ought to be laid before tho lation especially as they see another
great project is to be carried on upon the
same ground that theirs was to be construc
ted upon and of which thoy have a pros-
emies of the company declare that the
upon tno vitais oi your ouiwj.
It is too dangerous a bill for me to give
it my support.
Mr. HART Mr. President: It is not
my object to make a lengthy speech upon
this question. The friends of the bill
claim mat us oujuui is w cuiuirm uw na-
tion of the Board of Commissioners at a
meeting held at Tyler ; if that be so we
have a right to ask them to show just
what they Avant to be confirmed. If they
will show ns what the action of that meet
Ing was just what they did at the meet-
ing at which they claim to have organ-
ized Ave Avill bo able to vote understand-
ingly. Fortunately no doubt for them
they have played mum. For one I Avant
to knoAV just what it is that avo arc to con-
firm by this bill and if the friends of it
cannot explain it more fully they have
no right to ajk us to vote for it. Noav
the supplementary bill passed at the ex-
tra session lastAvmter gives the company
the right to hold their first meeting at
such times and places as they please; then
Avhat prevents the meeting held at Tyler
from being a legal one ? It must havo
been a legal meeting under the act but I
Jo not say all their acts at that meeting
were legal they seem to doubt the le-
gality of them; noAV I Avish to knoAV Avhat
they are before this bill can get my A'otc.
The friends of the bill come in with this
substitute to the 3d section as they say
to meet the views of the enemies of tho
bill ; now every enemy of the bill dis-
claims of having expressed any desire
that such a substitute should be adopted
they have not asked it of the friends of
the bill nor does it meet their views.
Thev cannot be sincere in saying that it
is to suit the vieAVS of the enemies of tho
bill when thoy know that not one of them
has asked anything of the kind. I like
to see fair play. Let them show us what
the action Avas at their organization meet-
ing and then avc can soon determine Avhe-
ther it is right to pass this bill or not.
T Avill not tako a random vote. It seems
to mo that tho substitute is more obnoxi-
ous than the original section.
Mr. SCOTT Mr. President: The
substitute to the 3d section is the ques-
tion. It was offered not particularly by
tho friends of tho bill but by a majority
of tho committee. Though it does not
go as far as tho original section still the
friends of tho road are -willing to accept
it if it Avill satisfy tho enemies of the
bill.
Mr. HART: That perfectly bears out
what 1 said that the enemies of the bill
did not ask it; therefore it could not have
been offered in good faith.
Mr. JOWERS Mr. President : Tho
Senator from Hunt (Mr. Hart) has allud
ed to tho purposes and intentions of tho
Bolect committee to whom this bill was
referred and seems to think that they
could not havo acted in gotfd faith. 1
had tho honor to be one of that commit-
mccting held in .April last tor its organi
zation Avas illegal and unauthorised and
by that means prejudice the public mind
against the company. I can avcII con-
ceive the cft'ect Avhich such impressions
Avould have to deter men from subscrib-
ing to the capital stock of the company.
I did not think the meeting illegal and
Avhen I interrogated Senator Scott he
said he Avas of the same opinion and
merely Avantcd tin? confirmation to satis-
fy those who Avcre in doubt about it. I
have glanced at the facts as they came
before the committee. It is said by the
enemies of the bill that something may
havo been done at the meeting referred
to that this Senate Avould not sanction if
all the facts woro to be laid before us. I
presume that Senator Scott can place all
the proceedings of that meeting before
us.
Mr. SCOTT : It is impossible for me
to do so. I have searched for papers
containing them but have not been able
to iind any.
Mr. JOWERS: As to the report of
the committee I Avill say that I was not
in it when it was draAvn up and did not
knoAV exactly what it was until it Avas
read to the Senate.
Mr. JOWERS aftenvards made some
further remarks reserving to himself the
right to vote for or against the bill as he
might be constrained by what ho con-
ceived to be his duty after the report
should have been disposed of.
Mr. MARTIN: Mr. President-1 have
been alluded to in such a manner during
this discussion as to feci it my duty to beg
the indulgence of the Senate for a feAV
moments to exculpate myself: I shall.
also expect to notice the committee that
made the report winch is now before us
and of Avhich I was a member.
First. The meeting held at Tyler tho
3rd of October last Avas a meeting of the
stockholders and citizens that had Avit-
nessed the meeting held in tho month of
April preceding. From the resolutions
Avhich I read to this Senate on a former
occasion published as a part of the pro
ceedings ot the meeting held m October
last compared Avith Avhat tho friends of
this bill claim to haA'e been the sense of
tho meeting held in April last it appears
that there Avas a conilict of opinion in re-
gard to that
Mr. PASCHAL : I call the gentleman
to order. He is not discussing the ques-
tion before the Senate.
Mr. MARTIN Mr. President: I
wished merely to place myself right in
regard to my constitucncyand ajso no-
tice this committee
Mr. PASCHAL: Tho gentleman has
spoken soveral times and has aho wan
dered from tho question before the Se-
nate. Ho is discussing the merits of tho
bill which is not tho question before tho
Senate.
Mr. MARTIN Mi President: I had
hoped that tho little forbearance which I
Avas completely in the dark and pushed
off I kneAv not where. The effect that it
Avould havo upon the interests of my con-
stituents I could not tell. I stated that
before 1 could vote for the bill the articles
of organization would have to be present-
ed that I might satisfy myself. Some of
the committee offered an amendment or
substitute to the third section. I accord
to them the purest motives in doing it;
though I contend that it will not change
the features oi tho bill : that it is a kind
of a blind thrown over the dangerons fea-
tures of the bill to catch the Arotcs of the
unsuspecting and Avith the report of the
majority of the committee it is avcII calcu-
lated to do it. I have to regret that it
became my duty to expose this AA'hole mat-
ter. There is another objection to this bill
to Avhich I Avould call the attention of tho
Senate. The caption declares it to be an
act to incorporate tho Vicksburg and El-
Paso railroad company while the body of
the bill ratifies and confirms the organi-
zation of the Texas and Western railroad
company juet me asic it as the consti-
tution requires it should be the object
should be expressed in tho caption why
our company is introduced in the caption
and another and a different one is provided
for in the body of tho bill ?
Noav if the Vicksburg and El Paso
company have any rights I would not
deprive them of those rights ; but if they
havo forfeited their rights I Avould not
restore them by tho passage of the bill
before us. Let us see what arc the pri-
vileges of that company under its charter.
In the last clause avo find that the com-
pany shall have the right to take and hold
so much of the public land (not exceeding
tAVO hundred feet in width) as tho railway
may need for its track; and also that
where it passes through the public lands
all such lands to the depth ot three miles
on each side shall bo reserved to the
State to be surveyed into alternate sec-
tions ; one-half of which arc to be patent-
ed for the use of the company. Those
Avcre the extraordinary privileges (for
such they were at that time) granted to
this company. Six miles of land through
the State from east to west was thus set
apart to encourage the construction of
that road. It Avas a fine offering and at
the time considered sufficient to insure its
construction. Wo Averc proud of the char
ter. 1 tolt a particular interest m the
success of the company for if tho road
Avas to bo constructed it Avould pass
through my section of tho country; but
sir to my regret Avhen tho charter
required that the first meeting should
bo held by tho commissioners at the
toAvn of Marshall on tho first Monday
in July next after the passago of the
bill and subsequent meetings to be held
at such times and places as should be
thought necessary no meeting was hold
under it. The time having passed for the
pect of taking advantage. Tho people of
that region of country have lost sight of
this railroad having despaired of its ever
being built: they knew tho unconstitu-
tionality of the provisions of tho supple-
mentary act- and that they could rccoive
noting under it or the original charter.
On tho 26th of April last under the pro
visions of the supplementary act they
met and organized themselves elected a
president and transacted some other bu-
siness ; but feeling that they had forfeited
their charter they come forward to this
legislature and ask that tho acts of thai
meettng be confirmed. If that be done
then is not the great object accomplished?
It seems to me that it is ; because the ac-
tion of the commissioners goes behind the
directors. You confirm every act of the
directors by confirming the action of the
commissioners: then because the word
"directors" is left out of the substitute
should I vote for it ? It is too much like
the compromise of yesterday between the
Louisiana and Tyler and Dallas roads a
mere dodge of Avords.
I think if the action of those commis-
sioners are confirmed that you AYill con-
firm all of their procceedings and then
Ayho can tell hoAynuch this company may '
lie in the Avay of your favorite project of
a road to tho Pacific ? Or perhaps they
may form a junction and build their road
side by side with the Pacific road and
thus get 36 sections of land out of the
State for the construction of the road
a scheme to aid which I Avill never lend
a vote. I Avould sooner vote if tho ques-
tion AYas presented to medirectly to do-
nate fifty sections of land to the mile to
the Pacific road than to lend a hand to
a scheme that Avould cheat tho State out
of sixteen sections. When a scheme is
on foot to sAvindlo the State out of seven
millions of acres you Avill find me ever
objecting. I Avill not lend a vote to aid it.
'Mr. SCOTT : I wish lo know if an at-
tempt has been made to SAvindle the State ?
I call upon him for tho proof of it.
Mr. MARTIN: I know that it will
place it in tho company's power to SAviD-
dle the State; and in Texas such chances
are generally improved. A fcAV mo-
ments were spent here by several sena-
tors in catechising and cross-firing in a
manner a "leetle" too rapid to bo re-
ported. Mr. MARTIN continued : If avc pass
this bill avo mend in a manner the
doubtful rights of tho Vicksburg and El
Paso company and then they -will claim
them and the legal question Avill arise as
to tho constitutionality of the original
charter tho supplementary act and the
bill before us confirming tho file which
Aviil have to be settled in the courts of the
country. Who knows Iioav long it would
take to settle those questions? Must the
construction of the Pacific road bo re-
tarded all that time on account of dis-
puted rights as to the filing of tho route ?
Noav if both roads should be constructed
tho Slate Avould have to surrender all of
the altornato sections that havo been re-
served to her for three miles on each
side of tho road; and railroad companies
Avill eagerly soize those lands Avhilo those
porsons Avho havo fought tlio battles of
the country who havo mado this bright
fair and lovely land what it is are pro-
hibited from locating or tho poorcitizen
from Fettling upon it. Such may bo tho
effects of tho passago of this bill. -In
making tho' largo and liberal offering in
lands to thoso wnoso enterprise ana am
first mo.c.t'mfr to organize tho comnanv.
thoy thought thoy had forfeited tho rights UityAvill entitle them to the contractor
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Ford, John S. Tri-Weekly State Times (Austin, Tex.), Vol. 1, No. 29, Ed. 1, Thursday, January 19, 1854, newspaper, January 19, 1854; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth78420/m1/1/?rotate=180: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.