State Gazette. (Austin, Tex.), Vol. 7, No. 27, Ed. 1, Saturday, February 23, 1856 Page: 2 of 4
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trngencjlkavereaa the heocin3fieftrt aad stalled
bnmaajwtwoas with little profit This it
the tolffani trarii aspect of oar case. Every
gentleman here know that since the passage of
this act. Mi Important change hv taken place n
the composition of tke American CongreH la
athe dectw that have take place in the
Northera State witfe ac&ratf aa eijitkB. free-
EeHrKTfc3BirtbeKtiaiits1the eneasies of Texas
hare seecesded to the seate of the friewk of t&e
wntetkw Mai tkc friends of Texas. Aswe
SfflMlMtluUfreeoaertiasiBbofiorfaresHBS
to vie in eagerness to please Texas rttw
h the Wst the mt taveraW ti rapect-
ri .mnuiii tk. tt a exnec or will rc-
- -. u Trsl Harecamumt Your Sea-
atom in Cengre have totf you 0 your eoininon
kuc tUi yoa so; you bare tie pnMrilioa note
re otrteriatarit r you can and at ubco re-
move the incubus from osr pabhc iaitk pay our
debts and settle end this matter forever Why
u ; . luif auv if the Congressional act pays
the'creittori sre than we noknewledge to be due
Br oht testing system lg gentlemen to rc-
nHMSler it U still le than-we promised to pay.
And Mr. Speaker is this time of trappesitjonf
I bee to iedalgo in one. If unfortunately we
xeot thk HH I trat we EhaH not; but if we
-nhouW sir. what then wilt )e the position of
Texas if Congress should determine to pay the
TeXM debt in fall at its faee value' Startling
ai thk supposition may seem it is sot wholly im-
probable if eorrnption stalks abroad as we are
told it dooc with high and shameless face in the
oesgrcssioual balla million or two might carry
the passage of suck an act; I mean the paytneut
is full of osr debt by the United State ; and Con-
crroM adraits ther arc bound to liautdate it The
passage of the net would funmtu the means of
bribery ana sen-corruption ine iace 01 uai
debt as appears
tee amounted J
an
tho 1st July of the present
" 63 80. Suppose I iyrir tbat Congress under
snr isllufnen t thr need not be necessarily cor
rupt) fchoald provide for the payment in lull of
Uee twelve millions ana upwaro nun uuu
thm turn to Texas and say : The debt was honest
and Jurt; you promised to pay it and woold not;
oar bHBer became implicated by annexation ana
H ooBttenoe: wo have paid it;.and we now
boW the diffenmce between tbw warn oi iweivo
ttdflWfej whkb ive hare paid and the reserved five
mfllioni a a balance agaiiwt you $.t5WJWU
dun fro Texas to the Lniwl btatos.
This U not iwasinary I beg gentlemen to turn
to the foarth page of the report and they will
there find thtt by our article of annexation we
cuaraatoe the United States against the debt and
nabllities of Texas becoming a charge upon tUem.
And I beg here to observe Mr. Spcakor that this
it tho true intent and meaning ot this provision
to wit: that Texas should indemnify and hold
cood the Federal Government for any debts of
ours it might be obliged to pay. To return to my
supposition which gentlemen may see is not very
improbable: In that event Texan would not have
the merit cf paying her deht but the disgrace of
a refusal: the creditors would be paid the ba-
lance would stand on the books ot the federal
treasury againet us. That balance we shoulu
never pay of course; but it would stand forever
thert.a convenient topic of abuse for tho slang
politicians if tho northern States against theg
Souf.fi" wsd Eouflfern honesty. Wc sir arc not
now legislating lor Texan alone the whole South
is deeply and painfullv implicated in oar refusal.
Kapubliean institutions tho integrity of a self-governing
people are implicated in our action on
this question. Let no man treat lightly tho sup-
position I have reluctantly indulged in. "Who can
Jay what two millions of dollars might not effect t
leaving ton millions and upwards to tho creditors.
In tho settlement ot this debt of Texas you
gentlemen are not acting for Texas alone. Our
action this dav may bo for weal or woe to other
countries to'othcr peoplo who shall herealtcr
a8Utno the terrible responsibilities of revolution
and rebellion against their oppressive govern-
ments. We all look to our neighbors across tbo
Rio Grande to ibe population within the Sierra
Jlaaro mountains first: wo trust the day of their
delivorance and regeneration oro long will dawn.
Thoy will need money where shall they go Tho
warm hearts and open purses that succored Texas
la Ker hour of need will turn away.if Texas now
so soon in her first flush of prosperity shall
prove that iho people aro not only ungrateful
but also uniuet and unreliable.
The mention of tho people leads wqto alludo j
to the popular vote as it is caned at tne last
elections oa this congressional act. I did not in-
tend sir to allude to it and shall bo very brief.
The presenting of the matter to the popular voto
was irregular hasty in time uncalled lor in my
opinion and aliunde thoprovinco of the Executive.
And further I do not consider myself instructed
by 13000 out of 45000 votes actually polled that
day. I leavo popular terrors to tender-footed
weak-nerved gentlemen. I am not afraid ro trust
myKolf to my constituents when I cxcrcico my
best judgment in their behalf and for tho good of
tho State.
JLTiave not argued Mr. Speaker I do not de-
BKjn'to argue at length tho rights of tho creditors.
ITtbo simple facts that we aM admit that we all
acknowledge that the State over and again in tho
raMt solemn manner has acknowledged the rights
of the creditors to bo paid; that we now possess
amply tho means to pay tho creditors; that the
creditors themselves are willing to accept the
tonus now proffered as payment in frill Isay sir
if these facts do uotinuuco tho geiftlemcn of this
Legislature men of individuaUionarana'pcrsonal
integrity to tako Hhe cctioirneceSsary'-to pay
them. 1 know no reasonrTcan imanno noBarcu'-
ment that could or ought to persuade us to act
in the premises.
I will present one Einglo consideration of a no
neral nature in connection with tho policy of
paying this debt as proposed viewed as a ques-
tion merely of policy. Whilo this -debt hangs
over our heads unpaid it is calculated to keen
awiiy tho 'best emigration from tho State; but if
wo pay and tnen take into account that by the
constitution Texas cannot incur indebtedness be
iond the small sum of 100000 dollars: then. sir.
to every State of the Union to tho best people
to tne most industrious to uie largest property
holders in every State the opportunity will be
presented of immigration to a State to our own
lcpuix a tana unrivaiiea lor its climate unri
valled for the fertility of its magnificent broad
domain unrivalled for all iho various and mul
titudinous inducements to settlement to n State
where all tho profits all tho proceeds' of a
roan's labor go into his pocket to remain
there for his sustentation enjoyment and hap-
pinessof him and his children after liim. I
turn to tho opponents of this bill and say to them:
if voa succeed in rejecting this bill your victory
is defeat your success is disgrace ; y oa cast this
great State into the outer darkness of debt repu-
diation palsy and financial iufauiy. I ask gen-
tlemen who oppose the bill in the name of the
God of honesty what single good or honorable
result will accrue to tho State from its rejection 1
Gentlemen may say that wo have hitherto pros-
pered under tho debt. Yes but that was while
we were not possessed of the means to pay. The
wo'ld believed we would expunge our indebted-
ness so soon as wo should acquire tho means.
But I piayrou gentlemen lay not tho flattering
unction to your souls that wo shall now be re-
spected that wo shall hereafter havo the credit
of good intentions and honest purposes if wo now
refuse to do justice. No no contemplate pon-
der weigh well ask your own good sense and
act accordingly.
Public credit tLo faith of a State is a very ten-
der a most delicate matter. When I had the
lonor to represent the old Bepublic or Texas as
Hinisterat the Courts of Great Britain and PYn
it ivas a part of my duty to transact business with
tho bankers and capitalists of London and Paris.
the rcat moasy marts of tho world in connec-
tion with the loans projected and tho indebted-
cesrincurred under the old Republic. I may
therefore claim to speak with somo personal
knowiedgo or this subject. Texas credit was
then sir a most ticklish subject; then sir there
had been no repudiation even spoken of no sea-
ling away a portion of our debt no doubts ex-
pressed or I believe entertained of our niti
parpowtopsy all our promises in full accordins
to their tcpor tho full fcco value of cverv rag of
-(paper wrency of every bond which wo had is-
sued ocsiicabiUsse thereafter. I remember well
tho ixKbgnatioa which I felt and wMcb I express-
ed when delay only In acetiag instalments was
luateaatasapossibilit?. 1-W.knew thecrcat
.resources of Texas your otretSowlog Treasury
'isafproorthatwoofthatday dilnot over-csti-jjatethoso
resources. And with tho past fresh
vivid before raeI tell tou. sir. and 1 1-11 i
House andthepeoplo of this State that possess-
refuse to to so if we delay to do so ; iTwe reject
this bfll your -credit tho iaith of this Statowill
stiat in tire nostrils or the world. Sir this State
has aot a salary large enough nor has it aa honor
fisttennff enough in its rift that wnnl.l 5nw .
after tho rejection f this bill to offer a bond or
thts State Tor sale in any great monov mart of the
world. Ko sir. I beliere there is not a capitalist
that would touch a boadof your railroads even
with a ten foot pole. "
Mr. Spcaker.iam boS an alarmist stilnessaui
Iadlsunianist I v& not watemphtelhe disso-
lution ofthis Tunioa the ruia of the hopes of tho
world. But Br.Tvo must not be Mind - th .
are '
i portentous. I will not dwell oa this theme :
out 1 sboold not bo astoaUlwd rrai .-
&sr JbsH to brine us news ihst fk '.it.-.
members had put oa their bars and silently walk-
ed out of tho Capitol In such diriful event
Texas should if possible possess hes resources
untrammelled unbradenea freo front fMs debt
WBicn now lowers over as.
I was ia Wasbiegtca Cirytfe latter part of the
SrateraEdsprinjj: of 2S33. My Losoia swelled
" -
rrom the report ol youromtnu-
?a!y 1 ISO to $J0J7&763; and
rear. toSlS-
mta nroua easotioa asl ihteaed to tho penem
. &? itefesa ItT ofaSiZS SS
UBoncaa ccniw. ;me uiev cespnruvi titn in
- - tsV- Sa v
our soldiers had achieved on the battle-field and
veuchedand pledged themselves fur the honor and
recognition of our independence and well well
do I remember who those gentlenwn were that
then advocated the cause of Texas to be admitted
into the family of nations as of rights free sovc-
teiga and independent Republic It was to my
good fortune sir to listen often to Andrew Jack-
son: tbo last official set of his life was I believe
tie signing of the recognition of tholcdcpendcnce
of Texas. Tho warm old heart of that hero
statesman and patriot glowed with the fires of
youth as ha dwelt on the bright future that dawn-
ed on Texas and I recollect that no added sage
caution.r iaid sir that I Temember well tho
gentlemrwbo".then in the American Senate
maintained the'eausc of Texas.
They were sir tho same gentlemen who ' en
the floor of Congress aad in the Cabinet of lOio
devised and earned thearHdesoCaanexation.aad
.ni.1MrMHJl f . . a frAA riYTa4riltTi"l. KISiCr fault?.
intn tfc tn-Pat Aicerican'cbnfederacy. Many of
those old friends of Texas aro now dead; but
their survivors and the associates of these now m
Congress bound together by the same PHtica!
and social ties animated by the same warm sym-
pathies aad united to us by the same interesti
are'lbe fame old true tried fnends Texas
that have framed and earned through Congress
tho act now presented to the Legislature Tf
.. z i. .nnoof tiioit- incerity
lor its ascent au cwv .- - f
m we doubt their wisdom f Wo may judge of
a measure by tho qoarter whence t emanates.
Have these steadfast friends been diggms 5 P'1
for the honor of Texas? Or have they not by
this act added another boon which by enabling
tu to redeem the debt of our Be volution redeems
and justifiesall their friendship support ;and con-
fiaencc ? Shall ve prove unfaithful to their trust
in us and our duty
I have long occupied the time of fho House.
I have endeavored to confine myself to ammx--nished
argument on the bill reported by tho com-
mittee. gomepolnUILavo omitted because they
are sufficiently set forth in their accompanying
report. Appeals to the best principles of our na-
ture and to the paramount well-being of Texas
I have not attempted. I leavo them to abler ad-
vocates who will succeed me. I will close.
Texas haj great interests and solemn duties.
Do we want to build railroads and do other
works T Assent to the net of Congress and pay
tho debt. Do wo want tho country to blossom
liko the rose? Pay the debt. Do we want this
State which is capable of sustaining on its bosom
r.nna ofmillions of human beines. to bo filled up
in onr time and become the abode of high civiliza-
tion of wealth of refinement of virtue of every-
thing that adoms life and makes life worth living
forT Pay tho debt Do we want to ieavu an
unspotted name which shall bo a rich heritage
forever to all generations that may como after
us ' Assent to tho act now presented to this
Legislature and pay the debt.
SENATE.
Thuksday December 13. -1855.
ACT OF LIMITATION.
The report of tho committeo on Public Lands
on a bill to amend tho act of February 5th 1841
entitled an act of limitation offering a substitute
therefore having been made the special order of
the day for to-day was taken up read and tho
substitute adopted.
Mr. AKMSTKONG : I move to lay the substi-
tute on the table for tho present and let it como
up in its regular order.
Mr. Potter: The object of acting oi Ibis
subject at tho earliest day possible is to allow it
to bo incorporated in tho civil code whir ji now
in courso of compilation. It is well kru wh that
it is in contemplation to repeal all existing laws
relatinc to the statutes of limitation ; and it is for
the purpose of placing tho commissioners in pos-
sessiui. ui lud buuuii ui imts xjtrgiMaiuru uu mat
subject that I would insist upon its being acted
upon at tnis time.
air. AuaiSTKosu : x wiinuraw ray motion to
lay on tho table.
'Mr. Palmer: I will simply remark for the
satisfaction and information of the Senate that
the charges embodied in the substitute for tho
bill were suggested by tho committee on Public
Lands. It was thought by that committee that
their object would bo more directly attained by
reporting a substitute for tho bill than by making
amendments to tho bill referred to them from tho
Senate. I will further remark that the commis-
sioners are desirous that this question should bo
disposed of now in order that they may engraft
it in the Digest which is now in process of pre-
paration. Ono of tho commissioners told me a
few days since that they had omitted taking any
action upon tho question of marital rights until
6ome action on this bill should be had by the
present Legislature. I will also state that this
bill has been examined by two of "tho largest
committees of the Senate tho Judiciary and the
committeo on Public Lands and I?cau soe no
reason why it should bo again postponed.
Mr. Taylor of Cass : AVhat is the question
now before tho Senato 1
Tun President: Tho question is on tho en-
rrossment of tho bill.
Mr. "WIute: I move to strike out that part of
tho bill relating to tho act of limitation running
against marncd women.
Tho question being taken the amendment was
nnf nrrrpn1 tn.
Mr. "White: Do I understand tluit tho sub
stitute reported br tho committee allows the
wife tho privilego to sue in and represent her
own miercsiH 111 iuu uuuitu nuuuub uiu i.uuawuii
and co-oneration of her husband T
Mr. Palsier: That is tho effect of tho substi
tute. It expressly provides that tho married
woman can suo with or without her husband's
consent the statute of limitation running against
her as it does against otner persons.
Mr. White: If that is tho intention of the
substitute I am in favor of it. I think tho mar
ried woman is amply protected in her rights; and
I can soo no reason why the statute of limita-
tion should not run against hor as well as othor
persons. I -am a great friend to the ladies; but I
do not wish to give them exclusive protection.
Mr. BryaX : I offer tho followingamendment :
Insert after tho words "league and labor" in
second section "excepting special and augment-
ation grants to colonists."
Mr Scott: I believe there is some other bill
which has already passed the Senate containing
a provision to this effect that amply protects the
interests of tho constituents of the senator from
Brazoria. I don't know how far it would effect
the interests of tho people in my district and I
should prefer that it should not bo engrafted in
this bill.
Mr.. Bryax: I am willing to restrict my
amendmentto the colonies of Austin and Do Witt
It is very true there has been a bill passed the.
Senate which would amply protect the interests
of tho citizens of my district; but there it some
probability that it will notpass tho House. And
as this bill might pass and tho other might not I
should like to havo tho benefit of it in theso
grants if tho senator from Harrison (Mr.-Scott)
would have no objections to the amendment with
such restriction.
Mr. Scott : Do I understandihat tho gon-
tlcman proposes to modifying amendment so as
to confine its operation to tho colonies of Austin
and Do Witt J
Mr. BBYAXt Yes sir.
Mr. Bryan's amendment was amended accord-
ingly and adoptee".
Mr. Armstrong : I wish to offer the folio w-
inc amendment: In section 5nd. insert between
the words "one" and "league" tho word "head-
right" ; and add "provided that this act shall not
cxienu to uucs or claims ior iana wnicn were
voidfrom tho beginning."
I have offered that amcadmcnt.for the reason that
if the bill is adopted in itsp resent shape it will ren-
der titles which have once been declared void ge-
nuine and perfect ; and I do not think it is the poli
cy ottnisbtate to confirm fraudulent titles. lam
awaro that that is tho intention of tho law;
but in its present shapo I say it would confirm
them : and if that construction is not put upon it
then xaj amendment can do no harm. If it is in-
tended to make void titles legal I see no neces-
sity for enacting any law in regard to tho subject
at all.
Mr. Flanagan: I am opposed to the sena-
tor's amendment I act on the broad principle
that wherever a cabin has been raised and a fa-
mily resided on a tract of land as long as is con-
templated in this bill that thoy aro entitled to it.
The Legislature has always teen lenient to tho
actual occupant ; and if he has been removed
from ono tract of land tho State las. at all times.
manifested a wfllincness to crant him a like
amount somewhpro clsei and. though the ori-
ginal fitlff was fraudulent I for one would bo
willing to confirm the title to the settler- who
has occupied his tract of lindfor the length of
to come.
The question being taken oa Mr. Armstrong'
amendment it was rejected.
Mr. White: I wish to offer aa amendment.
By the term "title" is meant "transfer." I
move to-amccd the substitute bj striking out all
after tho word "action" to "and." This part
which 1 propose to strike out is merely a defi-
nition of what is title and. color of title.
Mr- PjOMca; The effect or the proposed
amendment would be to strike out nearly- one-
halforthopresentsfelataof limitations. Ithink
it w a cancerous rreep&e&t to riv. to rhw. ....
stnke out statutes whicH have alreadr been con-
strued by tho courta. Thin bill as it now reads
fVJOtTd5?1nse U existing statute oriimitetion
" -""tAiromtcouenniuoaoi tneterms
tltlBffnil mine aPIUI. lt-T--l .?.. -
.s
fer from orjmd tho saverdgnvy of the soil: ana
color oj title Is constituted br a consecutive
iiii ans
ItaA v tfHW A. - -- JJL.U a A . aJC
aer ortbem
so ifnnoV.?
IS SS?WKj!t reg?
isterodfor not dalv registered or he only in wri-
ting or such like defect as may not extend to or
include the want of intrinsic fairness and komi'ty :
or when the party in possesiion shall hold the
same by a certificate ol head-right land warrant
. i... w- nriti clmin of transfer down to
him. her or them in possession; and provided:
tiiii section snail nos Dar ice ns"' ' -
meat" Hartley's Digest Art. 2391.
All tfcis definition which I have just read the
centleraan proposes to strike out Btbink it is
bad policy to alter the language of a starata.wnicir
has already beea construed by the courts oi. we
conatrr.-tfSSfek. rfc. " . -"
MrYjiTTK saids-ronly wish to offtr-such
amendments as the wants of the country demand.
This statute as it now stands is ambiguous and has
lead-to4 great variety or constructions brthe
Disfect Courts andfafforentjconstmctions fiavo
beea'Svcn to it by thtt Federal and by tho State
ConrtaW tho country? Thary fact.that theso
differences exist goes to prove clearly to mrmind
that something should be done to make the lan-
guage morcoxpressive and pointed and less am-
ghiuouB and doubtful. It was tho intention of tho
t r:.i.h..JmihrtiKr In the oassaire ofthis stat-
ote T to make the definition for title and color of
.well known to every one familiar with the legal
.:! nnTanfltr l"tr -nrt limnlsulKliauie; uui i
practice ofour country' ana e consiruciiuu. B. u
to'tkts-statute bytho different courts District
Federal and Supreme that the language is ambig-
uous and requires amendment I can see no good
reason why it should not be struck out and my
amendment adopted.
Mr. Potter said: I think I can present sev-
eral reasons why it should not be adopted. It has
been already stated by the Senator from Harris
(Mr. Palmer) that the Supreme Court has con-
strued this statute -and it is well known that the
constructions of the Supreme Court become di-
rections for the lower courts of the country. And
indeed if that was not tho case the adoption of the
amendment proposed by the Senator from Victo-
ria would not remove the difficulty; for the Dis-
trict Courts would havo to go back and give new
constructionsupontholanguageofthe amendment
bywtvhich the present statute would be substituted.
Tho motion was then taken and the amendment
rejected.
Mr-ARMSTRONG said: I wish to offer the fol-
lowing amendment: insert after the words "land
warrants" the words pre-emption claims.'" The
amendment was rejected.
MISSISSIPPI AKD PACIFIC RAILROAD.
Mr. White said: I offer the following amend-
ment: after tho word " possession H in section first
insert " and all purchasers from one in poss ession."
Tho amendment was rejected and tho till or-
dered to be engrossed.
Tho report of the committeo on Internal im-
provements on a bill to repeal an act to provide
for tho construction of the Mississippi and Pacific
Railroad company was taken up and read.
Mr. Grimes said: As I introduced this bill I
will give my reasons for so doing. In my opin-
ion tho time haB not yet come when Texas is in
a proper condition to ongagointhe construction
of such a road. Perhaps when ten years have
rolled around we will bo.able to commence this
great work and ir it should become necessary that
suck a road should bo built at that time I have
no doubt but that tho means for completing this
gigantic enterprise will be forthcoming and that
it will be accomplished with much less outlay to
tho State of Texas than it can possibly be done
now.
The present charter ties up a large belt of coun-
ter throuch the central part of the State and re
serves it from settlement to the creat injury of
the State and our citizens. But notwithstanding
this belt of country baa been reserved from set-
tlement many immigrants havo gone into that
country and made locations; and wo all know
that it has invariably been the policy of the State
heretofore to confirm the locator to his location
and I presume such willbe tho result in this case.
These area few of tho reasons that havo influenced
mo to introduce a bill to repeal this charter.
'Mr. Taylor of Fannin said: I sincerely
hope this bill will not bo passed. It is well known
that tho charter for the construction of the Pacific
road was passed only two years ago. And be-
cause there has been no reliablo contract entered
into for its- construction I think it should not be
received as a reason why this charter should now
bo repenled. I will go as far as any man in this
Senate to protect the honest occupant I am
ever ready to extend a liberal hand for the pro-
tection of his interests but 1 will not&u my vote
reward a man for violating the laws of our coun-
try. Thos.e who havo located on these reserved
lands went there with their eyes open very well
awaro that they were violating tho laws of tho
land; many of them had tho advice of their sur-
enrnra tlmt tier could never receive a legal titlo
fn"thiMr locations and iu defiance of the laws of
the country and against tho advice of their friends
they have gone and located on lands appropriated
by the solemn acts of legislation for the construc-
tion of ono of the moBt magnificent objects this
continent or this ago affords. Wo aro not justi-
fied In repealing this charter; because sufficient
time has not elapsed since its passage to test tho
nunstinn. wbether this vast reservation of land
wiilbo sufficient inducement to the heavy capital-
ists in America and in Europe to engage in tho
L .i:A.. Af 1.T ....imf tifh.1 Tlin YimT-JcinTia
of this charter aro just now being made Ttnown
to the world. I fear sir that Sonators do not ap-
preciate tho magnitude and tho importance of this
work. It is ono of the moat stupendous enterpri-
ses of ihis age It is a great ana national work
one that will do more than anything else to bind
tho two members of the great confederacy in tho
indissoluble bands of friendship and affoction.
Talk about tho importance of the question of sla-
ver'! It Soes nana 'n nandf ana" i tho twin sister
fo this stupendous enterprise. Tho road must bt
built The necessities of tho ago nnd our great
and prosperous country demand it It is a ques-
tion on which the old political parties of the coun-
try havo united. Whiggery and Democracy are
no longer divided on tho subject of internal im-
provements. And Mr. President shall wo now
repeal this charter because of the violation of the
law by locators and others on this reservation f
I hope the Senate will not do it
Mr. Taylor of Cass said: I agree with my
friend fromFAunin (Mr. Taylor) that this bill
should not pass. It is" well known to every Sen-
ator on this floor that tho passage of the Pacific
rail road charter was no favorite of mine; but I
believe the time nas arrived when Toxas should
commence this great national work. I believe
that a safe and mdicious svstem of internal im
provements can be adopted that will put our
'0UUgana prosperous oiaio in me possessum oi
all tho means of locomotion and transportation
which the oldest States enjoy and at the same
titnesecufe an ample revenue from theso improve-
ments to liberallv educate every child in tho State
of Texas. T believe it should bo our first object
to put ourselves in possession of all the advantages
of an extensive and efficient Bystcm of railway so
that tho increasing produco ofour country can be
transported quickly nnd economically to a cer-
tain cash market' I have but little sympathy for
those persons who have sottled on this reserva-
tion. They have cone there in violation of the
laws of the country; and nowirwo pass this bill
it will be in effect a sanction to this violation and
I can never cast tny voto to rowarda man for rio-
lating the lates of the eounlrp. I believe the time
has now arrived when theinteresta of this State
demand that a liberal-systenTof internal improve-
ments should be adopted forfhe purpose of devel-
oping the vast resources of our country and for
the purpose of aiding in the notflo cause of educa-
tion. 1 can see no plausible argument for repeal-
ing this charter and trust tho Senato will not pass
it?. :ii
U1I3 UUI.
Mr. Grimes aid: I contend Jthat time has
not arrived for this State to engage in this enter-
prise. This reservation includes aBody of land
00 miles in length across the State of-Texas and
430 miles ia breadth which is inhabited by stroll-
inc tribes of Indians froniEl Paso to iho Pacifia
"Ocean. I dont believe any company in" the Uni
ted States would attempt to build aroad tnrougn
such wilderness and if they did the Indians would
tear it up. Boiides there is nothing produced in
this -vast region of tuntiy that require? trans-
portation. A great deal of it is a dessrtvaste
that never will admit of cultivation bavin? neither
wood nor water in it But when the tim does
arrive when tho Pacific road must be constructed
across mis continent; when Texas becomesJnora
dencely populated and our means more ample I
have no doubt but that this route is tho most
practicable of any that can be found acd Ihavo
every reason to believo that capital will then bo
invested in tho enterprise that will secure its
early completion. But at present I do noYtiiink
we aro prepared to undenato sued. Bwon&giror
these reasons I am ia favor of the passago of the
bill. f
Mr. FlakagAX I nm iu favor of the sassage
of this billf and the repeal or the Pacific -oad
Charterr I think sir tho reasons promptnS mo
to arrive at theso conclusions aro valid aidfsub-
stantial r and had I the ability to acquit myself on
this occasion as I desire Xavc all confidcaco in
believing that a majonty of Senators would'cor-
dially agree with mo in this opiaion. At least I
wiU conscientiously discbarcojnv Jutvi&.makim
an effort in ftrorof its.passjiae. ThsPacific
roaa cnarter iia up a largo portion of ugrlfablie
Domain cf Texas aad need I ask whet portion of
the State is included in this Reservation It is
well known sir to ail who are here 4at. it re-
serves fova. location and caltivsogarihe Tery
heart or Texas. Wa are told sir tSfSsafficient
time his not elapsei since the p&Me ofthis
charter to test thoiquestioa wteihjgRhis niaa
jan bo builtor this bonus or Iaad;1aSi itu also
arcued that money is scares: that o fiaanoal
crisis in the United States and ihtjgEughty vnr
r"":"-:4 -"-.vr &zrv. .vv
rleati&lfoiisv than it bat becaalt nvnorira:
w commence uai wois jjukms jsuo&im
darinfee last thirty years. iUalajgtre abundant1
!thisdyhnat'any .previoosperiod known to
Our Steamers that land wcekTy" at NcwYork
from California and Australia delivering millions
in England aro delivering their millions at that
port Rarely do we hear of an arrival that does
not bring amillion or more dollars to the various
ports on the Atlantic Wc are told that money
it scares in England thatngluh'capitalists have
exhausted their means in loans to the Government
..fi. t!i Eastern War. It will be recol-
lBCted that not long since tbeJEnglish Govemont.:
desired to obtain a loan oi eigaij xum.ua u.
No sooner was it known than eighty mDlions
were forth coming at 3 per cent premium a less
aremium than known in the history of the world
before. Then sir where is tho excuse that
money is scarce and cannot raracmw-
struct this road. Wo aro told.aeto that.lhis
road is the great scheme of tho day that it is aa
enterprise of great magnitude. We are told sir it
would bo tho best paying stock in the world that
it would make Texas the great warehouse of tho
world and that the commerce of two continents
would be brought directly through the State of
Texas. With all that eonjeeture I raise no
issue ; I go far to endorso these sentiments. Yet
;r T tMnk thare are many arguments that go to
prove that this road never will be built under tho
present charter. The friends ofthis measure
ray that tho United States aro favorable to this
road that she will make a donation to secure its
construction. But sir why is it not done J Has
she not ability enough to do ill Certainly she
has more than (20000000) twenty millions are
now lying in her Treasury. And if she was to
make a liberal appropriation for this great work
and should come forward and ask Texas to assist
her then sir I should be ready to respond to uer
roquest and ghro freely the twenty sections of
land to the mile. But that has not been done.
Wo have no assurance that the United States is
willing to give one dime towards tho building this
road. Gen. Rusk two years ago in a speech
made in my town in tho East declared that from
a conversation had with the Hon. Jefferson
Davis ho was authorized to say that tho United
States government was partial to this route ; that
she would give liberally to this road; that
" Texas must act nobly she mustgivo largely'.'
was the language he used on that occasion. Well
Texas confiding in theso manifestations of favor
and liberality camo up to the mark and showed
to the world what she was willing to do to
secure tho accomplishment of this great national
enterprise.
Then Mr. President it is very clear that no
argument can bo derived from thatbrauch of the
subject. In a few short years this land will
command a large price. Recently tho lands do-
nated to the Illinois Cflutral Railroad Company
woro sold at the modorate rate of twelve dollars
and thirrr cents nor acre. What will ours be
worth at tbe time 'this road shall bo completed
. . crn- .n
rnnr are located in ino ceauai iiam ui a. ua.u.1 auu
mako up the very best lands in the State. They
are greatly superior to tho Illinois lands in
point or fertility and climate. Who will be tho
beneficiaries of theso lands according to this
Pacific Charter? Will it bo tho State J No
sir. Will it be an incorporated company of the
citizens of the State or of tho South! No sir.
These immense advantages will go to weight the
purses of Northern capitalists and Northern rail-
road stock joboni.
But 8ft wo have no assuranco that this road
will be built for many years to come. What
then is the use of talking as does my friend the
Honorable Senator from Fannin (Mr. Taylor)
about tho occupant goiag in nnd locating ou this
reservation J What I will inquire has been the
history of Texas 1 Nay Mr. President I will go
back furthor and look to the history of man. Go
to the gardon of Eden if you please and wo learn
from tho Holy Bible that there was a particular
trco that -was shown to Adam and Eve and they
were told tho day they eat thereof they should
surely die : all. know in this christian land that
they did eat and thoy did die. Thus our fore
parents acted and man to-day is in overy partic-
ular what he was in days of old. Thoy cannot
stand temptation need I say that if you keep
up this reserve it will be settled. Yes all
know that it will bo. They tho small and weak
Pt.tlora. will po imon those lands into the reservej
They will go or die; and sir after thoy do so
who will dispossess them 7 Will tho Governor
ordor out an army to do sol Folly it is to talk
aboutit Those homes will ultimately be awarded
them. Tho continuance of this reserve is a bid
for immorality to invito the poor man to settle
on torbidden territory. It has a bad tendency in
another particular. It will place in the heart or
tho State and clear through her immenso limits
from eaBt to west small settlors coming from
freo States many or tho most of them with ante-
cedents that are not wholesome for the South-
to the exclusion of tho cotton planter for he
with a large force will not go and thus settle.
But if this fiuo country is open to the locator as
well as tho Bettler then largo planters will oc-
cupy and purify all those that como in amongst
us from tho free States : for then small settlers
froiu the free States mako as goodsouthern rights
men as are to bo found when their associations
are of tho right kind: let this Legislature look
to tho past as a guide tor tho fiiture; and if she
does what do we see I Why sir wc find from
our statute books many charters now conflicting
upon tho same latitudo running from east to west.
Now is tho time to repeal tho State charter for
"this special reason no rights havo accrued to any
contracting party. True it is a company pre-
scribed a bid for tho construction of this grand
enterprise and as is required in said charter a
deposit of 300000 was promptly made. Nay
sir money was so very abundant that the bidders
not only planked down tho 300000 but they
went it 300000 better and still wo arc told
money is scarce In this case it seems it was
very abundant. But. sir it will bo remembered
that thoro was a sligbt difference of opinion with
the contractor and his Excellency Gov. Pease.and
to the evorto be remembered praise of our Chief
Executive. Hepromptly repudiated theSussex de-
posit. The Gov.was alarmed when ono was asked
and two given ; and had tho firmness to reject
tho deposit Now 3ir after all this extra money
and groat excitement about the rich capitalists
that had socured tho contract you aro told that
money is scarce and time is wanted. Yes sir
time is wanted wanted to give tho speculator
a chance to sell this groat charter; thereby giv-
ing millions untold to him or them and all that
is wanted is to continue this charter for ten
years or moro upon our statute books and lands
will have appreciated and tho 20 sections will
then bo found to be much more than sufficient to
build the road. And what will tho State havo
then gained when sho sees hor public domain all
voted away by previous legislation and not ono
dime realized for it For the road if built will
be owned by the General Government When a
responsible company.will present thomselves and
ask a charter for this great enterprise I will
then in the language of Gen. Rusk give and give
largely. But I am not for favoring thu specula-
tor to tho prejudice of tho soldier who has bled
and in many instances died for this territory that
is now tied up in this reserve ; and the grantee
assignee orwifc or child or tho old soldier dare
not locate his or their bounty or donation war-
rant upon any of this reserve. It must bo kept
for the Shylock. Yes for the party who has no
claim upon Texas ia any way savo to bleed her
pretty freely and relieve her of her land. It is
urged that the Southern route has advantages
over all others. That recent and satisfactory
surveys have been made; and I fully agree with
evervthine thus said and uree nav sir I go fur
ther ; and right here I am reminded of the anec-
dote as said to have occurred in the queen city
of tho 8outh in a dark day. Just before the great
outburst of light from the mouths of the cannon
under the command of the mighty chieftain GeiL.
Jackson a British soldier met an American sol-
dier just before the great fight on the 8th of Jan-
uary 1815 and says the English soldier "We
shall have free accesrtoyour city in a very short
time." "How sol" said the American. Says
the Britain "We have to command ub General
Lumbert and Lord Packonbanf therefore we
f must succeed." " Oh "yes" says the American
'wo have General Jackson and the Lord Jesus
Christ on our side therefore victory Js certain
for us." Now sir the climate face of tho coun-
try and distance all say this great road will ulti-
mately force its way through Texas upon merit ;
and Texas "will not be required to give all her
possessions away for guarantying that which
will tako place from tho force or circumstances.
Senators ought to reflect that wo are now in a
beautiful predicament with the German Emigra
tion Companyileisrs.i!iBnerJfcAlilier. l am not
going-to anticipate in this matter so as to express
an opinion as to the merits in their case but
simply call tho Tact to mind. A report has just
been read from the Committeo on the Judiciary
to grant the said company 1350 sections of land.
This bill arises from an excess of legislation.
Just such acts as are now found conflicting with
each other and the State will ultimately be called
npoa to foot mis-legislation.
Mr. Weatherford: I wish to offer the fol
lowing amendment. "That all that portion of
the reserve lying east or Brazos river by virtue
of the act known as the Mississippi and Pacific
Railroad approved December 21 155:1 be and
the same is hereby declared public domain and
subject to settlement and location and that Jthu
ricbts of all actual settlers as nre-emptors within
said reserve after the passage af said act he
and they are hereby recognized and shall hate
the richt to perfect their titles under tho exist
ing laws now ia force: that this act shall takoj
effect en tne 1st aay ot Mannext"
Pendingthe adoption of this amendment the
Senate adjourned.
HOUSE OF REPRESENTATIVES.
Thursday Dec. 13th: 1855.
PUBLIC DEBT:BLLL.
'- The bill giricg.theassent'of the Stato of Texas
;to meactto'lCongressWrelartvo to tho Public
- its nft . --
vr- TntTif-?r :H: Mr. Speaker I ask too
indulgence of iho House this morning whilst I
shall attempt in my own way to advocate the
passage of the bill now under consideration. Sir
I regard the action of this legislature upon the
proposition made by the Congress -t tho United
States to tho State of Texas lor the purpostof
paying off our PubUcDjtbt for the payment of
which both Texas andthet'United States areliable
as mure important in Ita'results upoa the future
weal of this State than upon any other question
npoa which we shall bo required to act dtinng the
present session. It is emphatically the great
question of the session. The interest manifested
by msny gentlemen upoa this floor in the discus
sion of the bill anorus lae iunot iuuuun.uucoi-
denco or its paramount importance. But sir if
I could believe that the acceptance of thepropo-
sitioa of Congress was calculated to place our
State in a dishonorable and degraded attitude be-
fore the world'' aa contended by the gentleman
from Washington (Mr. Sayles) there is no gen-
tleman on this floor who would more earnestly
oppose its acceptance than myself. But believ-
tn" as I do that this proposition may bo accepted
wflli honor to the State and that its acceptance
will comport with her best interests 1 most
heartily desire the passage of the bill before tho
House.
Sir I will not now go into tho history of the
Public Debt of Toxas; it is not necessary to do
so in the discussion upon the merits of this bill.
As to the origin of our public debt there is no
difference of opinion all will agree that it grew
out of tho necessities and exigencies of thoTexan
Revolution that it grow out of our struggle for
Independence against the tyranny of Mexico.
I will in tho first place Mr. Speaker call the
attention of gentlemen to a point not noticed by
tho gentleman from Washington (Mr. Sayles)
who addressed tho House on day before yesterday
but which wa3 partially adverted to by the chair-
man of tho committee on the public debt (Mr.
Smith of narris.) And sir it is a point tho es-
tablishment of which will I think havo much
weight in deeidiug the most important questions
arising in tho discussion upon thi3 bill. It is this
sir: I tako tho position that by tho anunexation
of Texas to the United States by tho the incor-
poration of Texas into the Federal Union the
Government of the United States under tho law
of nations becamo liable to the creditors of Texas
for their claims at least for such claims and lia-
bilities for tho payment of which tho duties on
imports were especially pledged and that Texa3
by her action heretofore has recosnized such
liability on the part of the Government of tho Uni-
ted States and has made certein concessions to
the Federal Government in pursuance of the lia-
bility thus acknowledged nnd also that Texas has
heretofore invited the action of Congress upon the
ltr'ir"; xw
IJ10 UUB1 bcuicuicuii ui " uuuuu ui.u.. -....
i . . . . j ;.. ..!.;..
Mr. Sneaker if I succeed in sustaining tho posi
tiun I have assumed then the indignant exclama-
tions of dictation! dictation l '. on the part or the
United States government made by tho oppo-
nents or this bill will have been dissipated and
their unceasing clamor about State Rights! and
about Federal interference with State sovereign-
ty ! as connected with the merits of this bill will
or ought to bp forever hushed. I desire to con-
sider and argue calmly and without prejudice the
whole action both of tho United States govern-
ment and Texas from the time of annexation
down to tho present touching the great question
now pending before this legislature. 1 do not
wish to push tho doctrine of State Rights to such
extremes on the one hand ns to bo incompatible
with the constitutional Union nor to be guilty of
tho infraction of any principle that guards and
protects Stato sovereignty on tho other. Whilst
avoiding Sylla on the one side I desiro not to run
into Charibdis on the other. Horace expressed
a correct Bentiinont when he said :
"Est roodoj In rebus sunt ccrtl denlque Ones
Qaos ultra cltraque neqalt conslstere rectum."
That sentiment I would adopt in considering
the principles involved in tho bill before us.
But sir to the question. The most learned
writers on international law lay down tho doc-
trine that when one peoplo or government is
Emerged into another that tbo latter or rather the
United govcrnuiuiiL urns urctuuu uy buuji iucig!
becomes liable for the debts aud burthens oxistiug
against tho one so merged that tho United gov-
ernment take3 tho government bo merged cum
Grotius Bynkershock and other learned publi-
cists clearly maintain this principle. According
to this doctrine the Federal Government by the
incorpoiafioti of Texas jnto the Union became
liable for at least that portion ofour public debt
for the payment of which tho duties on imports
were specially pledged. Such was the opinion
of tho ablest statesmen aud lawyers iu the Union
both before and after annexation.
In order to arrive at tho opinion entertained
by the Government of the United States on this
question I know of no way attended with more
certainty than a reference to opinions and reports
of her high functionaries and sworn officers.
And with this iew I will call tho attention of
gentlemen to the opinion of that government on
this subject as set forth iu the report of the Sec-
retary of the Treasury Mr. Corwin. And though
Mr. Corwin is not now nor has ho ever been a
political favorite of mine yet sir I am willing to
receive correct reasoning and to
"Embrace truth wherever found
Whether on christian or on heathen ground."
Wo may despiso the man but ho was a high
officer or the government and as his opinion was
endorsed by Sir. Fillmore then President wo
have to regard him as its oxponent
With the iudulgence or the House I will read
an extract from the opinion of that functionary.
In construing the boundary act and in speaking
of that portion of our public debt for the payment
of which tho duties on imports were spocially
pledged the Secretary says:
"Tho history of tho debt contracted by Texas
while sho was yet an independent power and
her subsequent incorporation into tho Union U3 a
State of tho Republic of tho United States it is
believed makes the United States liable for this
portion of the Texas debt
The laws of nations which govern the subject
are well understood and aro of easy application
to the present question. Theso laws all proceed
upon tho idea that tho moral obligatious of inde-
pendent States aro binding when onco they ut-
tach to compacts between States or between
States and individuals and that they never cease
except by tho voluntary agreement of tho parties
interested or by their fulfillment and complete
discharge. Hence where an independent power
contracts obligations and is afterwards by the act
of another power jointly with herself iucorpor
ated into and subjected to the dominion of tho lat-
ter whereby tbe national reponsibility of tho for-
mer iB destroyed and the means of fulfilling her
obligations transferred to the latter all bucIi obli-
gations to the extent at least of the means thus
transferred attach with all their forco to the
nation to whom such means have been so trans-
ferred. "It will bo found that all writers on public
law having any authority are agreed upon this
point from the time of Grotius to tho present
and indeed tho proposition thus assertel id so
obviouslyjust that it is not possible for a nation
in modem times to controvert it without forfeit-
ing that character for justice and probity which
happily for mankind ba3 become itidispensible for
sovereign States. It was this view of the subject
which doubtless dictated that provision of tbe
law.which I am now considering.
"It was known to Congress that Texas had
contracted debts toa large amount to individuals
whilst she wa?an independent power. It was
equally well known that the revenue arising
from "duties on imports" was amongst all nations
In modern times one resource if not the princi-
pal one for tho payment of the debts of nations.
It was Known uisu uj mi; numuio u mu .
that by the annexation of Texas to tho United
States the power to levy duties on imports with-
in tho ports or territories of Texas was taken
away from the latter and transferred to the Lni-
t.i ctotne Tf wna tlmrflfnrfl nssuuied that the
United States should pay if Texas did not all
that portion of the debt of Texas for which du-
ties on imports had been pledged ; for the obvious
reason that theso duties thus pledged were taken
from Texas nnd transferred to the United States ;
and to that extent the creditors of Texas bv a
plain principle of justice had become the credit-
ors of tho United States."
And Mr. Speaker the opinion set forth in the
report of the committee on Finance in the Sen-
ate of the United States made in 1852 ou this
subject; was to the same effect as that expressed
bytho Secretary of tbe Treasury from which I
have just read. .This report was made bv Mr.
pr vvhnhna'prflr been regarded as the fnend
or Texas as chairman of that committee. But
sir I only retcr to tueso particular upiumu iv-
cause I happen to havo them by me. It is not
because we have no other authority iu the tinted
States on this qupstioa; fori tako it the very
sauio view was taken and the very same princi-
ple maintained and acted on by the United States
Government under three successive- admimstra-
:. ...! nnnii-i1 in hv Texas both ia the
articles orannexation and in the boundary act or
1S50. In the contract ot annexation wnicu a
.nnimni!tod under the administration or Mr.
Polk the Congress or the United States believing
thai by the incorporations leiasimomo umuu
that Government became responsible under the
law of nations for the debt of Texas; provided
in terms that "in no event are the debts and lia-
bilities of Tjxa3to become a charge upon the
Government of theUnited States." Tliii was
done mo3t obviously for tho purpose of indemni-
fying tbat Government against her liability to the
creditors of Texas under the law of nations by
holding Texas accountable to her for the debt
Upon oo other sensible hypothesis cap we account
far the engrafting of that provision into thejeon-
tract -ihan that tkat government entertained the
opinion .'hat sho would become liable for our debt
by aiexatiocand that in the absence of such U
provision she waldlaveno Tecourso upon Texas.
But Sir as the creditors or Texas were not a
nartv to this contract their right unaor ths law
It nations to call upon the United States tor
their claims is not affected by this or any other
Pr?aga?nercunder the adiuinMration of Mr.
Fillmore who endorsed the opinions of his Sec-
retary of the Treasury from which I have just
readaa extract the United States Government
maintained and acted upon the same principle
r f. .. u- i;.i;iiiv fur this debt In the
bill passed by Congress in -1330 and assented to
by Texas for the establishment of our ortti-
western Boundary a claliso was inserted which
:i.. j...i ... !... tn doctrine it
was provided ia that bill that five millions out of
the tea millions or dollars which was to oe pam
to Texas in consideration of the cession of our
Northwestern territory should not be paid over
until tho creditors of Toxas should first file their
releases at the Treasury department in asli-
inntnn fitr
Now sir I ask the opponents of this bill why
it was that this provision was engrafted into that
act? Why did the United States retain the
five millions of dollars until tho creditors of
Texas should file their releases Tho reason
most clearly was that that Government was lia-
ble for our debt and so retained this money the
means of Texas as an indemnity against her
liability to our creditors until this debt was set-
tled. Then it does sueni to uie that Texas by as-
senting to the boundary act admitted that the
United States was involved in liability for her
debt; that that government was responsible to
her creditors though Texas had agreed that hor
debts at the timo of annexation should not be
come a charge against tho government ot the
United States; aud therefore it wa3 that Texas
conceded to tho United States tho right to retain
the five millions of dollars a part of tho price
of nur Xorihwostcrn territory.
The creditors of Texas never haviug filed their
releases in accordance with tho proviso in uie
boundary act thu United States government in
refusing to issue her bonds for theso five mil-
lions is only availins herself of her legal rights
under that act; aud of this wo cannot complain
fnr aha clearly had this richt secured to hor by a
contract solemnly assented to by tho people of
Texas.
Tndrail. sir. tlin whole action taken upou this
question both bv Congress and the State of Tex
as proceeds upon the principle that tho govern-
ment of the United States was liable for tho
claims of the creditors of Texas embraced in the
hill nnw hnfnni tho House.
But there is another fact worthy of uotico that
is intimately connected with the question at issue.
Tn 1RV the Legislature nassed a resolution urg
ing our delegation in Congress to press before
that body our claim for Indian spoliations which
was said to amount to about 3d00000 tho very
object of which measure being as correctly
stated by his Excellency tho Governor in his
meusage to this Legislature to induce Congress
to unite the five millions of dollars heldTup in
the hands of the United States by the provision?
of tho boundary act aud to bring about the pas-
sage of a bill by Congress for the purpose of ef-
fecting tho settlement of oufdebt
Mr. Speaker Ithink lhavo succeeded in show-
ing that tbe United States government become
linlilfi by annexation for the debt of Texas ; that
the wholo action of the Federal government
touching her liability for our debt which was as
sented to by Texas proceeuea upon uns principle:
that Texas by accepting tho boundary bill admit-
ted tho liability of tho United States lor our debt
by conceding to tbat government tho right to re-
tain tho fivo millions until tho creditors should
file their releases; or in other words until nur
debt was settled; and finally that Texas has
solicited a proposition from tho Congress of tho
United States for the purpose of securing the is-
suance of her bonds for the five millions not yet
paid over and for the purposo of effecting a final
ontHmnpnr. of a debt in which both Governments
are involved. What then bceomos of the indig
nant clamor about dictation on the part ot the
Federal povernmcut. raised by the opponents of
this bill ? For my life I cannot see anything
like dictation iu the proposition now under con-
sideration or in any of tho accompanyiiigcircum-
srnnfifis. Texas invites a proposition ; the friends
of Texas in Conzrcsi passes one for our accept
ance or rejection as wo may choose. Both
Governments aro involved in the liability for the
debt embraced in the bill; both aro interested
in liavimrtho debt finally settled. The creditors
have for years past refused to accept payment ac
cording to our scaliug acr upu nave oeen cu usiaiu-
ly besieging the Halls of Congress asking the
United States to pay their claims. Much of the
time of our own legislature has been taken up in
considering their applications for relief from the
provisions of tho scaling act ; and that they will
under existing circumstances diligently pursue
the same course for years to come there can be
no doubt.
Then sir tho United States conscious of her
liability for tho debt iii order to avoid the con-
stant annoyance from these creditors aud in or-
der to get rid of tlio difficulty sho isinvolveJ in re-
ference to our debt makes this proposition to
Texas with tho view of settling this debt ; and
Texas had solicited the actioii of Congress for
this very purpose and for the purpose of untieing
tho five millions of dollars hung up in the hands
of that government by the provisions of tho
boundary act.
When then I ask is there any dictation in tho
proposition contained in tbat bill ? Texas sought
theaction of Congress upon this subject; Cpn-
gress by making this proposition has taken action
on it leaving its acceptance wholly and absolutely
at the discretion of this Legislature.
But tho gentleman from Washington (Mr.
Sayles) takes tho position that Congre3s by
making this proposition assumes to dictate to
Toxaslhe amount sho owes her creditors.
Now Mr. Speakor.J deny the correctness of the
gentleman's positions. I say sir it cannot bo
sucessfully maintained. The government of the
United States being liable for the debt of Texas
by annexation as I think I have successfully
shown Congress by making fhfe proposition to
Texas undertook merely to ascertain and fix the
amount of that liability utider existing laws ; the
amount of her own liability or tho amount she is
willing to pay in order to got out of the difficulty
in which sho is involved in connection with tho
payment of our debt. That government by
making tho proposition contained in that bill
does not I contend undertake to dictate to Tex-
as the amount tho Stato owes her creditors. No
bucIi thing.
And though many of tho creditors receive
more money by tho proposition of Congress than
they would receive under our scaling act ; yet
sir the United States government by this propo-
sition pays the difference as I think I shall be
abundantly able to si ow. And if that govern-
ment in order to free herself from her liability
to the creditors of Texas is willing to pay the
creditors more than she owes Texas or more than
Texas justly owes her creditors I do not feel it
incumbent on me to inteposu any objection to her
doing so. By our scaliug act we acknowledge wo
nwi nur creditors Wliose Claims are euiuraccu
in the bill under consideration
July 1850 the sum of
Amount of interest on the above
duo January 185G
on tho 1st of
1435035 18
.$2439605 95
Amount due
Amount proposed to be sur-
rendered by Texas
Interest ou same to 1st
January at five per
cent
6875211 13
?50000C0 00
$1250000 00
6250000 00
TlilTiwiica in favor of Texas. 525214 13
Thus it is apparent that if Texas allows in
terpst on her scaled debt according to her origin
al contract with her creditors she in reality
saves S625.241 13 by releasing the five millions
to the United States and accepting the present
proposition of Congress.
Tt is true that tho Legislature in 1350 stopped
tli( interest on our scaled debt. But I do not
relieve for a moment tbat any gentleman on this
floor that any true Texian will take tho position
tlmt theso creditors ought to be deprived of in-
tnrest on their claims thus scaled lrom 1850 to
the present time inasmuch as we have not made
to them a fair and available tender of the amount
due them undr ourscaling system.
At the time of the passage of the boundary act
by our own admission wc owed o'ir creditors
4435633 IS on account of which the second
five millions was retained in the Federal Treasury;
which we have conceded should be paid out to our
creditors to the extent of our admitted liability.
With what show of justice then can we say that
as long as the five millions remain in tho treasury
or the United States we are entitled to the entire
interest on it when according to our own admis-
sions we aro oniy entitled to receive about
"'5000 or the principal. The United States has
paid over to us the first five millions out of which
wo refused to pay tht creditors even at the
scaled rates and at the name time by our agree-
ment with the Federal government the second
fivo millions we were to receive for our North
western lemiory j8 uea up in such a manner
that no one of the creditors can receive ono cent
of it until each and every one of them shall file
his releases at the Federal Treasury; and though
we aumit mat apont lour and a half millions t
uc sum je ones to the creditors we claim that
we are entitleaito the interest on the entire five
million ahaoc3 appear to me that such a
position is wholly untenable upon anv principle
of justice or equity.
t Patting this question in the most favorable
light possible for Texas wc must admit that the
creditors are entitled to ablcast the same interest
on their debt that the five millions now tied un
in the Federal treasury is drawing. .Then sir in
either event there would be but a very small
amount coming to Texas even u wugres. .a.
relinquish to this State tho five millions Leav-
ing out of vie w the interest either wayif theUaited
States should at oar instance pay the debt which
we acknowledge to be due out of the hva mil-
lions thon there would only be coming to Texas
' $5000000 00
Less the debt at tho scaled rate 4-1356:H IS
... . aj -.LmhI
Balance in favor of Texas
5G43S1 13
But under this proposition of Con-
gress Toxas will receive on 8 aud
10 nor cent bonds which she has
already paid 299140 97
Also Texas would bo relieved from
tho additional appropriation here-
tofore made but not yet paid out
which will bo paid by the United
States should this proposition be
accepted 167990 60
467131.57
Difference ia favor of settlement uu-
der our scaling act if wo coula ob-
tain the release of the five millions
over tho $7759 000 settlement 97230 15
Thcu sir Texas wouli only lose 97230 15
by tho acceptance of tho proposition or Congress
instead or contending for the release by Congress
of tho five millions which thore is now no rea
sonable prospect of effecting. But by the propo
sition embraced in this bill Congress appropriates
7750000 for the payment of our creditors
which is about a million and a half of dollars
more than the fivo millions with interest thereon
that tho United States is owing Texas.
This Congress is willing to do in order to free
the General Government from her liability to our
creditors. Thus it is apparent that though the
creditors receive more under the present propo-
sition than under our scaling act; yetitts the
United States that pays the excess not Texas.
And sir if the acceptance of the proposition of
Congress amounts to a departure lrom ourscaling
system it is not Texas but tko United States
that ha3 made this departure and tho increased
amount to bo paid to tho creditors consequent
upon this departure is drawn from tho Federal
treasury.
Sir we are not called upon to chaogo our
scaling act in the least in accepting this proposi-
tion. By the passage of this bill we will only
concedo a very small amount by way of compro-
mise in order to effect a final settlement of the
difficulties between tbe United States govern-
ment Toxas and her creditors touching the ad-
justment ofour public debt.
And from a proper view or the proposition or
uongress in an lis Hearings it must ua auumicu
that Texas by the acceptance or this bill is
masing much less concession than either or tbe
other two parties interested. The creditors
claim about twelve and a hair millions or dollars
which we admit is the ostensible amount of the
debt; but under our scaling system Texas pro
poses to pay mem upen tneir large osieusiDiu
claim ouly 44:55633 without interest thereon
since July 1850. The creditors refuso to accept
payment at tho rates fixed by our scaling actand
object to our stopping the interest ou their claims
inasmuch as wc had not made them a fair and
available tender even of the amount we acknowl-
edged wo owed them according to our scaled
rates; and accordingly they refuse to comply
with the requirements of tho proviso in tho
boundary act ; refuse to -filo tho releases neces-
sary to the surrender of the fivo millions by tho
United States to Texas. The United States
government knowing that she was liable to the
creditors by annexation and having provided for
her own indemnification against that liability in
the boundary bill by retaining the fivo millions
was unwilling to aurrendorthc five millions
to Texas without tho assent of tho creditors ; at
the same timo that government was not willing
to make a settlement with the creditors without
the concurrence of Texns.
Congress in order to settle the difficulties be-
tween the parties concerned in this debt and in
order to bring about a final settlement of tho
Rame nnd at tho same time discharge the Federal
Government from all further liability to the
creditors has agreed by the proposition now
under consideration to pay the creditors 7750-
000 pro rata which they aro willing to accept.
And Texas by this proposition is omV asked to
release to the United States government her
claim to the five millions. Texas being entitled
by tho acceptance ofthis proposition to havo re-
funded to her about S3UO.U00 which she has
already paid out and to be relieved from the pay
ment of lbC00 which sho has appropriated but
not as yet paid out
Then it is apparent that if Texas pays interest
on her debt from 1850 to tho present time ac-
cording to her original contract with tho creditors
bhe will bo gainer by tho acceptance ofthis pro-
position and if she pas tho creditors the same
rate of interest on their claims from 1850 to the
present that tho five millions in the hands or the
United States is drawing Bhe would lose but a
very trifling sum: and that Texas is bound by
every principle of justice and equity to pay inter-
est on her debt until she has mado her creditors
an available tender of payment according to her
scaling act I presume no one will controvert
Then sir this whole question so far 33 inter-
ference and dictation on the part of the United
States is concemod is presented in this form:
Texas by accepting tho boundary act admitted
tho liability of tho United States for our debt by
permitting" that government to retain tho five
millions until sho was released from her liability
to the creditors; but tho creditors having failed
to file thoir releases and tho United States re-
fuses to relinquish the fivo millions which sho
had the right to do. Then Texas being desirous
to have her debt settled solicits tbe action of
Congress in reference to tho surrender of the
five millions and with tho view of effecting the
final settlement of our debt The Government
of tho United States desiring to get rid of tho
difficulty iu which she is involved in connection
with her liability for the debt makes the propo-
sition now before this Legislature a proposition
that is respectful in its terms and by which
Texas looses even in dollars and cents littlo or
nothing; but on the contrary is relieved from a
debt that rests like an incubus upon her energies
and her advancement What then becomes of
the clamor about dictation ? and interference
with State rights by the General Government
raised by the opponents of this bill 7 It does
appear to me sir that the opposition to the bill
on the ground that the proposition of Congress
amounts to an interference with tho sovereignty
ofthis State is utterly baseless. The opponent
or this bill seem to forget that the Federal Gov-
ernment has any right at all iii connection with
her liability for our debt aud take their stand
upon a mere punctilio of imaginary principle.
Sir I am becoming tired of this cant about
dictation and State rights in reference to this
bill ; for I do not believe it has anything to do
with the question. I profess to be a3 strong a
States rights man as any gentleman on this floor
under all circumstances when tho question of
States rights properly comes under consideration;
but I for one do not carry the doctrine of States
rights to such extremes as to say that when a
sovereign State has by solemn contract conceded
rights to the Federal Government as Texas has
done in relation to this question she should turn
round and attempt to disregard those rights thus
admitted to belong to that government: throw
herself upon her sovereignty and raise the cry or
dictation ! For Texas has by the boundary act
admitted the liability or tho United States for our
debt and by a resolution at tho last Bession if
tho Legislature instructing our delegation in Con-
gress to urge before that body our claim for In-
dian indemnity with the viewr of obtaining some
action for tho purpose of adjusting the difficulties
connected with our debt. Texas has solicited
theaction of Congress upou this subject; she
cannot now very consistently complain of dicta-
tion on the part of that Governmeut for making
the proposition before the House.
Mr. Tarter: I wish to know the precise
position tho advocates of the bill occupy. Does
the gentlemen assert that Texas by accepting
the acts of annexation and the boundary bill has
made such concessions that she does" not uow
possess the right to say what is" the amount of
her debt?
Mr. Pollock: No sir I did not say that I
said that the Congress of tho United States did
not assume to say to Texas what amount hp
should pay her creditors but that the United
States being bound under tho law of nations to
pay our debt (and this Texas by her action has
admitted) undertakes to ascertain the amount or
her liability or the amount she is willing to pay the
creditors in order to be discharged from that lia-
bility. That is what I said.
Mr. Takveii: Can the United States bo made
liable for a greater amount than Texas herself
has said she owes 1
Mr. Pollock: It is not material to my argu-
ment whether she can or not: but to satisfy the
gentleman 1 might say I think she is not. But if
that government is willing to pay the creditors
out of-her own coffers more than Texas admits
she owes (and I think I have shown that she is
doijg this by this proposition) in order to rid
hergelf or the difficulty in which she is involved
in connection with this debt then I have no sort
or objection to her doing so.
But sir the gentleman from Washington (Mr.
S3yles) opposes this bill because by its accep-
tance Texas relinquishes her claim against the
Federal Government for Indian indemnity which
be asserts amounts to tho sum of 3500000.
This large claim has been figured upjand chared
against that government for spoliations said? to
have been committed by United States Indians
upon the peoplo of Texas whilst she was an in-
dependent power or rather for expense the Re-
public was put to in defending her territory
against the mroaib of Indians who come over
from the United States. Now sir even admit-
ting for the sake or argument that the Republic
of Texas waa subjected to outlay for the purpose
of defending ierself against Indians from the
tcrritdryor tho United States yet I know no
principle of iBternational law by which that gov-
eniment could bo made liable to Texas for this
claim in the absence or treaty stipulations ; nor
have the opponents or this bill shown any au
thority to mac onecc Ana nero m my place I
assert that there exist no treaty between Texas
and tho United States by which the latter could
be held liable to Texas for Indian indemnity
even to the amount or 50CO0. Even though
the Republic or Texas may havo been involved
in expeadituroa or money to the amount or the
claim preferred against the United States in do-
fending tho country against Iwltanj yet who t
prepared to fix the amount she expended oa ac-
count of inroads of Indians inhabiting United
States territory. Texas had" Indians of her own
within her own territory that were ever hostile
towards her and were continually committing
depredations upon her people. I challenge the
opponents of this bill to show with any degree of
reasonable certainty the amount that Texas u enti-
tled to receive from tho United States govern-
ment on account of expense she incurred in de-
fending herseir against United States Indians
I do not believe there is a gentleman on this floor
that can tell what sum Toxas has expended is
protecting herseir against United States Indians
and sustain it with anything like adequate testi-
mony. Notwithstanding this very large claim is
urged against the Federal government yet gen-
tlemen Tall to establish it by such proof" as would
create any probability that that government will
ever recognise or pay any part of" it
This claim for Indian indemnity has been urged
upon tho attention or Congress with all the abih-
ty or our delegation in that body but all their
efforts failed to accomplish anything. They ob-
tained nothing. And that government has utter-
ly refused either to recognize or pay one cent of
it. And here sir the gentleman from Washing-
ton (Mr. Sayles) is in error in reference to the
recognition of this claim by Congress. There u
nothing iu the action of Congress upon this sub-
ject showing that the United States ever has re
cognized one dollar of this claim.
The action of that government evinces just
tho reverse of the position assumed by tho op-
ponents of this bill. As evidonco that the Uni-
ted States government never did recognize this
claim for Indian indemnity or any part or it it
will be bornein mind that at the session or Con-
gress before the present proposition was passed
a bill was earried through the United State
Senate appropriating 3500000 for tho purpose
of affecting a final settlement of our public dobt
without any referonco whatever to the question
of Indian indemnity. And at tho last session of
Congress when this proposition was passed a
bill again passed the Senate appropriating ?-
500000 in order to pay off our creditors and
thus get rid of the difficulty connected with the
debt question without any reference fo the claim
for Indian indemnity. When this bill camo into
tho House of Representatives that body reduced
the appropriation from 8500000 to 600000
and inserted a clause requiring Texas by the ac-
ceptance or the proposition to relinquish her
claim for Indian spoliations. A committee of
conforenco was appointed by tho two Houses r
Congress upon tins subject and tbey compro-
mised on the proposition now under considera-
tion appropriating 7750009 and requiring a
roleaso or the claim for Indian indemnity. And
sir tho roARon given in Congress for appropria-
ting 3503000 was not for the purposo of ma-
king nn nllowance for the claim for Indian indem-
nity which was not in any manner admitted;
but solely for the purposo of ridding that govern-
ment of her difficulty aud annoyance from tho
creditors connected with her liability for our
public debt which it was well known the United
States government would eventually have to pay.
Sensible or tho liability or that government for
this debt tho United States Senate appropriated
3500000 that being the amount or the 5000-
OOC.with interest thereon to 1S34 which was com-
ing from that government to Texas according to
tho boundary act or 1850. The payment or this
amount was regarded by tho United States Sen-
ate as a mere question of time. And believing
that tho United States would ultimately have to
pay the creditors of Texas they thought it better
to appropriate this large amount and thus settle
and pay off the debt at once. And the action of
Congress upon the debt question resulted in tho
present proposition which appropriates 7750-
000 for the purposo of settling our public debt
and requires Texas to release her claim for In-
dian indemnity which they did not admit for
tho purpose of freeing themselves from any fur-
ther annoyance or trouble in regard to it.
Again sir it will be borne in mind that this
identical claimof 300000 for Indian spoliations
that was urgedj before Congress with so much
ability by our faithful senator General Rusk m
included in the debt which it is the object of this
bill to settle nnd was scaled by Texas at twenty-
five cents on the dollar; thus showing that whilst
we pay off our creditors that hold theso claims at
the rate or two bits on the dollar we make a
grand speculation by turning right around and
demanding payment dollar for dollar oft ho United
States on the very same claims. This would ho
earning out a system br brokerage that is totally
irreconcileable with common honesty. This claim
or 3 800000. at 25-100 would bo 960COO
which we pay under our scaling act; and I call
upon gentlemen to show what part if any or thu
scaled amount wo arc entitled to demand or the
United States on the account or expense Texas
was put to in defending herself against United
States Indians not her own Indians and I am
willing to take it into consideration.
Thon Mr. Speaker believing as I do that by
accepting the proposition of Congress Texas
neithettsacrifices her honor nor her sovereignty
iu the slightest degree nor looses any thingin dol-
lars and cents or at least a very trifling sum and
at the same time is freed from an embarrassing
public debt that in every step of her progress has
rested liko the night-mare upon her energies aud
prosperity. I do hope this bill will meet with
the lavorable consideration or this House.
Wo may talk about fostering tho interest or m
tcrnal improvements in our Stato (and it it-.-.
subject or no ordinary importance to our entire
constituency) we may discuss the Stato plan and
the corporate policy ; but I care not what plan
wo may adopt irwe expect to afford material as-
sistance in order to promote the construction ot
internal improvements upoa any plan it seems
to me sir that the first step we should take is t
settle our public debt and to settle-it now by thr
passage or this bill: for it requires money and
great deal or it to build railroads ; and althougii
we have great resources in tho way or land yet
we do not within ourselves possess tho requisite
pecuniary means for that purpose ; we must look
abroad for assistance. And until we settle our
debt we may try in vain to make negotiations for
loans owing to the unfavorable opinion enter
tained in the financial world on account of the
non-payment or our debt Although 1 would b
tbe last man on this floor to say one word agair.'t
the good name or my adopted State; for I do nut
believe thecourse she has pursued would justify
any aspersions upon her reputation; yet sir
whilst I assert this it must bo admitted that un
favorablo opinions are entertained abroad affect
ing the credit or the Stato or Texas and the cre-
dit or her people on account or her failure t
settle her public debt It is said abroad tbat
Texas owes a large debt ; that she has the ability
to pay it but does not possess sufficient honesty
to do so. Though this is false yet it doubt!r
affects our standing in tho financial world.
But if this bill is defeated what do its oppo-
nents propose iii lieu of it J What remedy -'
theysuggest7 Nothing! They advocate no otter
niethod by which there is any probability of su-
cessfully effecting n final settlement of the pud. -debt
Like Voltaire when he was hurling L
missiles against Christianity and endeavorm; t
sweep the church from the earth theynre ab.e
the work of destruction but they build up noth.;.'
to supply the place of that which they have ie
stroyed. Do gentlemen expect to obtain a better
proposition from Congress ' They cannot Frc:.
the complexion of the present Congress they 'a-.
expect nothing. There is now an overwhclcr
majority of abolitionists and freo soilcrs in tin"
body who have been powerfully strengthened b-
northern Know Nothiugisra all hostilo to tt
South and everything southern. Then noti.-Z
can be expected from that source; and none ca
tell when nny thing better can be reasonably -x
pectcd.
If vou reject this proposition where is tu o-
the end of this matter 1 Reject this bill and c -
Omnicient alone can tell when this debt wi.J '
finally settled. Reject this proposition and t
same lightning-winged telegraph that conveys Cs
intelligence to Washington city also conveys Cj
intelligence to the world that Texas is doom: I
to suffer on for year3 to come under the inc""-
of an annoying and embarrassing public debt
But sir accept this proposition pass this I .
and you place Texas oa the road that leads'
wealth and prosperity.
Accept this proposition and Texas lie s:-
proud column will rise above tho mist anil 1
that now hang3 around her to more e'el
heights into brighter skies. .
Mr. Speaker I have done. I havo detained t J
House longer than I had intended. In cone
sion I have only to express my earnest des-
that the bill I have been considering will F
this House.
ta'AdlfflcultT oecorred !r. our city a few ;ITJ '--cansed
by reslstloc one ot the city Marshall who -
attempting to raaxe an arreat. Ho knocked down -
offender with his reTolTer aad saeeeeded In arreitln J.-
The nan was fined by Mayor Deriae. and the 3Iars&ai -
since been boand over in a bond or J0 for ail WP-
at the District Court to answer to the cbarge of J"" T"
a. deadly weapon. Brand by we shall see what we i
see. San Antonio Tacan.
Scuocs Arnur.-The other night a serious iffra r ca-
ns' between two Mexicans one a resident ol our y-
named Antonio Garia ami the other we beuere
Mexico. The weapons toed were tnlves and taei-r--
was cot In a frightful manner In the left side s ""-
body nearly half la two. Carsa died oa jest srday a
learn that the offender fa now inujly tnnn n
a$3tAntmtoTBCH.
fe
V -' " ' m.
$
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Oldham, W. S. & Marshall, John. State Gazette. (Austin, Tex.), Vol. 7, No. 27, Ed. 1, Saturday, February 23, 1856, newspaper, February 23, 1856; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth81228/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.