Texas State Gazette. (Austin, Tex.), Vol. 6, No. 8, Ed. 1, Saturday, October 14, 1854 Page: 2 of 8
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TEWfTATE GAZETTE.
THE Iffig STATE GAZETT
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JfatApiyAAfc glut Wt S. OffPlEAM 1
00AuiYOTO 1 18J.
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jj Wnitk'State8 Magazine. Wc liavo received a Maysnum-
borof tins-journal and wo liope tlmt it has survived that month
for .wo find it to bo ono of tho best conducted northern period-
ichls'wiiich has over entered our sanctum. Published by A.
' ones & Co. New York City.
&AcitwooD.--Soptembor : L. Scott & Co. Now York $3
f" erlannum. Tho September number contains: "The Holy
and" " Bollorophon" "Tho Coming Fortunes of our Colonies
Win tho Pacific" " Speculations among tho Stars" " Mrs. Stowo's
jgSunny Memories" "Tho Crystal Palace" V The Secret of Stoke
f -v Manor" " Tho Spanish Revolution."
" Arthur's Maezdte comes to us filled with its usual variety
.bfin foresting matter and fine engravings.
iTiiR Marshall Meridian. Wo find tho. name of J. Mar-
shall flying at tho masthead of our cotemporary. Mr. M. lias
'ricn much on this subject and will doubtloss make the
.CMeridian a useful and influential Journal. Politics are to bo
"' 'laid aside and we are to have a sheet entirely neutral in
.. regard to politics. "Wo would much rather see Mr. M.. free
H'frdm bo awkward a restraint.
' v l .State vs Steiner. -There seemB to be a studied determina-
tion on .the part. of many1 papery in our State to prejudice $bo
. public mind against the defendant in this case; and'by a mis-
i -t representation of tho facts forestall tho action of tho civil
'tribunal b which it is to bo decided. The case is one of po-
i culiar interest involving novel issues in whichi society is in-
?:;timately concerned It is now in tho hands of the proper
- authorities ior their decision ; and it should there rest without
-into the Now Orleans and other prominent and influential pa
V ; pers' to tho effect that a continuance was granted at the last
term of tho Circuit Court for Hill county upon tho application
viof-tho defendant. This is wholly untrue. The application was
iriade on the part of the State. Tho defendant was ready for
.VittriaL and anxious that tho case should be determined at that
;ftom-of tho Court. We hope this correction will be madej and
SArtJb'e matter left in its. propor light. Waco Era.
!v:.Th(j error alluded to was made by us while giving place to a
correction of. a cotemporary in favor of Dr. Steiner. 'Our
- worthy cotemporary falls into a still grater error however in
' liisWholesate charge against the Texas press. In no single.
- Mapor wave wo seen any thing of tho kind as an attempt to do
; . il)r Steiner injustice. Seldom have we witnessed greater silenqe
' ' imfayor of ono accused of tho crime for which Dr. Steiner
. stands charged : and we believe it is tho unanimous wish of
nirpfess and citizens -to
?.
y
iifih. t Such. are. our
sob full and impartial justice done
give pjuce
feelings.
Wo
again
to a
correction and. Sve hope it will be circulated as widely as its
tpreaeceoyi.
-
Cuba's Wrmnrs. " .
'H:f!She is permitted no voice in the Cortes ; the press is under the
&iitiaet nanenrchin fhrmnra nm pnmnnllnrl tr nuxr ton nor nont nn
:. nJMheir harvest except sugar and oh that article two and a . half
percent ; the islnnd'has been under martial law since 1825;
;:oy;er S3UUUuuuot taxes are leviea upon tne innaDitants to be
;.'sqhandered by Spain ice is monopolized by the government)
.Viiir-is sb taxed as to bo inadmissible i;a Creole must purchase
'' "' a license before he can invite a few friends to take a cdp of tea at
;-.hislbVard; there is a stamped paper made legally necessary for
special purposes of contract costing eight dollars per sheet; no
goods either in or out of doors enn be sold without a license the
natives of the island are excluded ontirely from the army the
"'jiidiciary the treasury and tho customs. The military govern-
ment assumes the charge of schools. The grazing of cattle is
charged exorbitantly. Newspapers from abroad with few ex-
ceptions are contraband. Letters passing through tho post nro
opened and purged of their contents before delivery. Pishing on
the-coast is forbidden being a government monopoly. Planters
:-;are fbrbiddcr to send their sons to tlie United States for education-
al.purposes. The slave-trade is secretly encouraged by govern-
;rnent ino person can remove irom ono nouse 10 anoiner
without first paying for a government permit. All cattle (the
C same as goods that are Bold must pay six per cent of their value
fJho government in shorl? every possible subterfuge is resorted
vi-. io uy lueguvuiuuiuuv uuiuiuis iu bwiiiuio liiu juujiu uveiyiuiiig
'' being taxed and there is no appeal from the decision of the cap-
': ; tan"general. Ballon's Cuba published by Derby.
. fiTiti&'t r- ...
... Excessively Literary. How a young lady endeavored to
aFKECl! OF HttN fiEORGE TO. SMVT.II.
jl ":.""' ;.. "?. '.....I
?iJV?K AT JAapJSR JABl'SIJ COUfTY TEXAS 8EPTEMHER 12 1854
J'ELLpwCrrirass : .Having bepn absent for some time as Your
rrnentatfve feel it to bo lny duty on returning among you
to ponder an account of my sfewardshipj so far as time and
circumstances w.ill permit mo toy do so. In doing this I will
briefly roy.iow. Borne Qf the principal measures acted upon
during the last session of Congress.
Uno ot the most important subjects acted upon by the last
ft
OCTOBER 14
1 t I. J "I'll ' " . . a I
vjoncresB i wjmt js iuminuny Known as tne Homestead Hill
which proposed to give ICO acres of land to any person whofl
would settle on and cultivate a portion of the lands for theM
space ot nve years inis was a specious measure and well cal
cinated au nrsL view to captivate tne unwary.-
having remained on tho statute books for thirty-four years- and
naving ceasea as x uiongiit to be a question of practical im
portance jl cpuiu.soo no reason for disturbing its repose. 1 am
still doubtful if "any practical benefit vill Vesult to the south
fr6m the. repeal of this restrictive clause in tho Missouri act.-
I was opposed to the Homestead bill for two reasons. In tho a complexion that no southern man it secme
first place in my opinion Congress has no constitutional riMitn consistently do otherwise than Biipport it. On
n
whole
to givo away tlie public lauds tho property of the
people lor tlie benent ot a portion ot that people. The lands
ceded to tho federal government by tho states aro by the terms
of tho grant held in trust for the common benefit of the people
of all tho states and Congress has no right to dispose of them
many manner not in comormicy to tne terms ot the grant.
This is the condition of those lands which have been ceded by
the states to tho general government. It has been Baid that
thd general grant of ppwor in tho constitution ' to dispos'e of
tho public lands is a grant of power without limitation and
authorizes tho government to dispose of them by gift or other-
wise as it may see proper ; but it must bo borno in mind that
tho first clause of the sixth article of the constitution provides
that all l engagements entered into before the adoption of this
constitution shall be as valid against of the United States under
this constitution aB under tho confederation ;' and then it will
be evident that tho grant of power ( to dispose of tho public
lands must bo construe d in direct reference to the terms and
conditions of thegrant for these terms and' conditions form a
part and a very important part of those engagements whicli
the general government has bound itself by the constitution to
fulfil. It has been'justly remarked that tho general power of
disposition granted by the clause of thb constitution relied on
this case extends as well to the '.other property' of the United
States as the public lands and whatever power it confers over
tho one it confers likewise over the other. So that if by it
Congress can give away tho public lands by it also Congress
may givo away the public ships tho public buildings and the
money from tho treasury which is but another form of public
property.
3Nor is their power more extensive over those lands purchased
by the common treasury of the people of tho United States.
Ab already remarked money is property as well as land and
tho mere change in the form of the property by the investment
cannot enlarge our rights over it nor change the nature of our
obligations with regard to it. "We have no right to appropri-
ate the land thus acquired to any purpose to which we might
not have applied the money before its investment.
in too second piaco tne poncy oi mis tiomesteaa Dill is in
direct opposition to the interests of Texas. ' It would pot only
have had the effect of preventing emigration to the state but it
would have caused emigration to flow out of it;
I am in favor of tlie policy of granting alternate sections of
the public lands to aid in the construction of railroads that pass
through them. I think the policy of thus aiding the construc-
tion of railroads which pass through the public lands a good
one wiierever the roads tnemseives are -judiciously located.
Nevertheless it is tho. embodiment of a correct principle tho
princ'ipljifioUdlitew government in tho
domestic affair of any statoor territory. This is the crreat
fpnTTTplefor which tho south has always contended and upon
wiuuu nvi. Buiuby i usia a murciuru gave tno Din my nearty sup-
port notwithstanding I doubted tho wisdom or propriety of its-
introduction. There arc other reasons why I supported this bill. In tho
progress of tho bill the parties for and against it assumed suck
led to me could
tlio side of the
bill were found almost the entire south together with our best
and truest friends of the north ; whilBt against it wero found
arrayed tho entire free-soil and abolition phalanx. Under suck
circumstances to havo faltered in the' support of the bill would
havo. been a voluntary abandonment of our northern friends.
xo nave ion it an open question wouiu nave oeen to nave leit
a hobby ready saddled and bridled for the abolitionists -and
free-Boilers to ride into power upon. The only proper course?
therefore it seemed to me was to pass the bill and with these
views I gave it my entire co-operation and cordial support.
As to the details of the bill something on all hands had
necessarily to be yielded for the sake of harmony. Tlie south
would have preferred the bill as it came from the Senate that
is with the Clayton amendment as it is called or tho clause
limitinp" thn ricrlif nf RnftVno-fi in tlio tfivritnrips. tn. p.5tfrp.n nf
tho United Stiitns. THpv vinwprl it. Vtowp.vor. ns n itipvp. rmps-
jition of expedience' and not as a constitutional question. There
lhasjbeen no uniformity in the legislation of Congress on this
subject out they nave adopted a dinerent policy in the Jaws
organizing different territories thus clearly evincing that they
have ever regarded it as a question of expediency and not. as a
constitutional question.
In the acts organizing the territories of "Wisconsin Utah and
New Mexico the right of suffrage is a restriction as it was in
the Nebraska and Kansas bill as it came originally from 'the
Senate with the Clayton amendment. In the acts organizing
the Territories of Minesota Oregon and Washington on the
contrary the right of voting is extended not only to citizens of
the United States but to those who have declared their inten-
tion of becoming such ; just as it is in the Nebraska and Kan-
sas bill without the Clayton amendment and it has passed in-
to a law.
Another odious feature which some persons havo imagined
they discovered in the bill consists in what they call 'squatter
sovereignty' but what is more appropriately called territorial
sovereignty' which they claim to find in such features' oi the
bill as this : ' It being the true iptent and meaning of this act
not to legislate slavery into any territory or state nor to exclude
it therefrom but to leave tho people thereof perfectly free to
form and regulate their domestic institutions in their own way
subject only to the constitution of the United Sates.' They
also find squatter sovereignty in those provisions of the bill
which confer upon the territorial legislatures the power to legis-
late upon ' all rightful snbiects of legislation consistent with
the 'constitution of the United States and the provisions of this
lact.' I confess I have no horrors myself at this idea of
squatter sovereignty.' But it may be remarked with regard
l.
V
.Vjadapjt her style of conversation to tho character of her guests
.iB narrated in an Ohio paper. Tom Corwiu and Tom Ewing
v "leing on a political tout through tho State stopped at the house
Such roads will so enhance tho value of tho lands through ' to tho territorial bill that the legislation of these territories is
'.3W...--
iren4.ri'iYnm?nnnf. Yn1iMp?nri nf rnnrllf.. hilt 'Tniinrl nn nnn nf lnm
f but'a.young niece who presided at the supper table. She had
. never" seen great men and supposed tliey were olopliantiue al-
i 'foge'ttier and all talked in great language. "Mr. Ewing will
you take codimenta in your tea sir" inquired tho young lady.
" uYeSj Miss if you please" replied tho quondam Sait Boilor.
'Corwin'a eyos twinkled. Hero was fun for hiip. Gratified at
fhp'apparcnt success of her first' trial at talking to big men tho
pjno young iuuy auaresseu jiu uorwin m tno same manner
:'T" NliU you take condiments in your tea sir?" " Popper and
alt but no mustard5.? was tho prompt reply of tho facetious
.7j?pm 'Of course nature- must out and Ewing and the enter
taitfor roared in spite of themselves Corwin essayed to mend
;tie matter and was voluble in anecdote and wit and compli-
'menfc. But thewound was irradicablo. .'ho young lady to
this day declares that Tom Corwin is a coarse vulgar disagree-
r able man. .
''& Knoxvilpk. The picture here is ono of gloom tho greatest
gisternation prevails the city is abandoned; night and day they
larflying in every direction. The hotels are closed. The
1 cpmes in with the'mnils and returns to tho country ini.
HWlli&ty- Wo nftV0 scarcely help enough tolay out the dond
jllMl'fi- -AU biisjrief i? hn$ nearly censedr nnblihers
liiye4ciEig.w.n ana no otlicr paper can abet snttr-out.- .11. we. aro
ahlerdr'ImyoHiands'. we wilHha'renfter issuefan&fitrmBusirtpss nfl
' - - 'it jiwm -''' w Fu
'.Ml t'.' Wt &tf If . 4 ... i
which they pass as to render the section reserved by the gov-.
eminent quite equal to tue vuue or uotn sections witnonc tne
road ; and will not unfrequently enable the government to sell
land which would otherwise remain entirely unsaleable as
was the case with the Illinois pentral railroad. I havo nc
doubt of tho constitutional power of Congress to make these
grafts. The power to dispose of and make all needful rules
and regulations respecting the territory or other property be-
longing to the United States is in my opinion ample for'the
purpose if she can do so without diminishing the sale value of
the public domain ; or if by giving a portion she can brina.
into market and dispose of lands otherwise unsaleable. This
was the view of the subject token by Mr. Calhoun and many
other eminent statesmen. The same polscy in our state has
frequently been pursued by individuals for the same reason.
A land owner for example in order to procure the county seat
of a county to be established on his land gives a tract of land
for tho town site or he gives apart of the proceeds of the sale
of his lots ; his object in . either casa being clearly the
promotion of .his own interest. These lanpjs are not to be
considered in the light of donations. The United States receive
ample remuneration in .the enhanced value of tho remaining
sections.
A measure which excited a great deal of attention and
sympathy in and out of Congress was Miss Dix's bill appro-
priating ten millions of acres oi'land for the benefit of the indi-
gent insane of tho several states.
I was opposed to this bill on constitutional gronnds. I had
the same constitutional objections to it as to the Homestead bill
and other objections besides. .
A peculiarly objectionable feature in this bill was that it do-
graded thostatos into mere agencies of the general government
for- tho purpose of carrying its high behests into execution. It
granted the lands to tho states and then undertook to direct
mid control tho management of them and required the states
to render an account to tho general government or tneir stew-
ardship over these lands. '
The general government cannot in my opinion appropriate
land or money for the benefit of theindigent insane of tho states
without a latitude of construction sufficiently broad to draw to
itself and carry down all tho reserved rights of tho states.
This bill passed tho Senate by a largo majority ; it came to tho
House and there it also passed though by a diminished ma-
jority. It was vetoed by tho President and returned to the
Sonato where it originated. It was re-considered by the Sen-
ate whore the constitutional principles involved in the bill
wero very elaboratoly and very ably discussed and tho veto was
Rnstninod'bv n. larsro vote.
Another subject upon which I feel callod to speak one fhatV
lias cfluson mucii extiuyumb uuyugiiit " iw.v. w...Un ia
by the bill expressly made subject to the constitution of tho
United States ; so that ' squatter sovereignty' does not exist in
the bill -unless it exists also in the constitution of the United
States. ' .
The Badger proviso is another feature in the bill to. which
some have. found serious objections. This amendment provides
in effect that the repeal of the Missouri restriction shall not bo
construed to revive or put in foice the laws of France and
Spain recognizing slavery which it was said had been repealed
by the 8th section of the Missouri act prohibiting slavery north
of the parallel of 36 30 north latitude. The south would havo
preferred tho bill without this proviso but after the most sear-
ching scrutiny it was.found to contain nothing more thana legis-
lative construction of the -act a construction(which the courts
would doubtless havo given to the act if the proviso had never
been added to it. Moreover many southern gentlemen learned
in the law nave always held the Missouri restriction to be un-
constitutional and if so the laws ofPrance and Spain existing in.
this territory in 1S08 when the country was acquired could not
have been repealed by it.
With regard to the Pacific. Bailroad it is probably sufficient
to say that tho consideration of this bill was postponed by the
friends of tho measure themselves. After the passage of the
Nebraska Bill the House seemed to fall into a general apathy
and a general indisposition to take up and act on any other
important measure during the session. The friends of the
I Pacific Railroad perceiving this thought -it best to postpone
the futher consideration of the subject until next session. The
Din was accordingly postponed oy its menus and maao tno
special order for tho second Monday in December next.
General M' Dougall of California who was chairman of the
Special Committee that had charge of the bill made the motion
for its postponement. I in common with the other friends of
the bill voted for it.
Another subject in which you probably feel an interest as in
relation to the action of Congress with regard to our pnblic
dobtf This was a subject in which I felt a deeper interest than
any other; and which I prepared myself at an early period of
the session to meet. Iwas conscious however that nothing
could bo done in relation to it unless the movement came from
tho creditors themselves. On tho 9th of January this move-
ment was made by Mr. Thompson of Kentucky who intro-
duced a bill into the Senato on this subject which bill was. on
tho same day referred to the Committee on Finance. On the
loth of June tho Committee reported a substitute for tho bill.
Tho substitute thus reported was little less than a menace and
an insult to Texas and ought to havo been rejected by her with
ithledr-.hands" we wpherea!
all kinds isTsulpended.U . .
tho ' JNobraska Bui.' nyjiou tins question wiia nnu mumeu j.
must confess I thought its introduction unfortunate. I had no
dOUPC OUt Iliac too xuiesyun ru-iuumj t?'''"li3"!
1 U.-v..lrJ -..rvv.t.. imra lnntl linceir! Iti.r I
uuu buuuiu wui iv v uwu -.iMay") uuv y
wrong in its inception
indignation but to tho honor of tho Senate bo it spoken it
found-but little favor in that body and on tho 21st of June
was re-committed to the samo Committee; who on the 1st of
July reported 'the bill' (as a 6ubstitnto) which I now hold in
my nanu. X'lns. bill with some amendment passed tne oonate
and came into the House on tho last week of tho session ; but
as it required avote of two-thirds to take it up out of its order
I
n
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Oldham, W. S. & Marshall, John. Texas State Gazette. (Austin, Tex.), Vol. 6, No. 8, Ed. 1, Saturday, October 14, 1854, newspaper, October 14, 1854; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth81156/m1/2/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.