Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 25, Ed. 1 Tuesday, January 10, 1854 Page: 2 of 4
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■ t
i/EBATES IN THE HOUSE.
W. F. WEEKS, Reporter.
Friday, Dec. 9, 1853.
Mr. CHARLTON'S resolution, in re-
lation to claims based upon property des-
troyed by the enemy, or unauthorisedly,
1)y our troops, being before the House—
Mr. CONE said—Mr. Speaker : I am
somewhat astonished that a resolution of
that character" should have originated in
a committe composed of gentlemen known
to be liberal, as a general thing, in their
legislative action, commanding respect for
their intelligence and ability. I am some-
what surprised, sir, that such sentiments
as are contained in that resolution are
really the sentiments of any member of
this legislature, and I feel disposed to
step out of my usual course, and ask for
a moment the attention of the House,
while I discuss the merits of the resolu-
tion, and look to the consequences, if it
should be adopted as the policy of the
State.
We live in a progressive age; and I be-
lieve I am as thoroughly identified with
the progressive party as any man. There
is very little of the old fogy about me, or
in my general course, and no man will
prefer the charge against me of being
trammelled by or tied down to obsolete
ideas or old-fashioned notions, behind the
age, and not in accordance with the spirit
of the times.
But, sir, I am not disposed to be so
progressive in my disposition as to forget
that old fogy doctrine of being just be-
fore we are generous; or, to make such
rapid strides in legislation, that right is
lost sight of and justice cannot even be
seen in the distance, as we pause to look
back upon the course we have pursued.
What is the character of that resolution ?
Whom will it affect ? Who are to be ben-
efitted, and who are to be sufferers ?
Why, sir, it is very evident that a class
of our citizens who bore the heat and
burden of the day when Texas was strug-
gling for her independence, are to have
the prayer of their petitions unheeded,
and the door of legislation shut in their
faces. It is very obvious, sir, that a por-
tion of the citizens of our State, whose
claims are meritorious, and who ought
to be preferred, will be driven from the
only place where they could expect to
obtain relief, and where, in justice to
them and the country, their claims ought
to be considered and acted upon. Why,
sir, it strikes me that when that resolution
was being penned by the Hon. Chairman
of that committee, for whom I have the
highest personal regard, the recol-
lection of former legislation must have
haunted his mind, and the remembrance
of a certain bill must have risen constant-
ly before him, and like the ghost of Ban-
quo, would not down at his bidding. We
can give to every new comer who asks
the favor, a portion of our public domain;
we can pass, without difficulty, bill after
bill, and act after act, by which the State
is swindled, and then laugh at the whole-
sale robbery; but it would be establish-
ing a bad precedent to pay our just debts,
or to remunerate those whose substance
was used for the benefit of the army of
the Republic, and who gave substantial
proof of their patriotism, while many of
us were pursuing in quiet our daily avoca-
tions, where peace spread its benign in-
fluences and no enemy threatened to in-
vade our borders.
We are told that if any claims of this
character are allowed, there is no telling
where the matter will stop; and those
who have hitherto been among the first
to legislate away our public lands, are
among the loudest now to proclaim that
the legislature is incompetent to sit as a
jury upon the claims Of our citizens. Who
won for us this land of plenty, and invi-
ted us to partake of what their blood and
t.reasnre hon<rbt ? Old Trrinna * Wlm
should do to me." I believe that I have
never yet forgotten, so far as was in my
power, to deal out equal justice to all
mankind, both in opinion and action ; and
I am mortified that there seems to be a
disposition in this honorable body to re-
lieve the legislature of the trouble of in-
vestigating the causes of petition or com-
it, because it is illiberal. I shall vote and not to be considered as claims upon
against it because it is unjust. For the ] the government. Now, sir, I ask that
opinions of that committee, I have a j gentleman—Did the citizens of Texas
great regard; but I shall vote against ¡ bear equally the burden of that war ?—
their resolution, "not that I love Caesar j Did each and every one pay his propor-
less, but I love Rome more." j tion or quota, to sustain the troops or ad-
Mr. CANNON said—Mr. Speaker:— j vanee the interest of the army? Was it
I do not rise to discuss the merits of the j not the case, that the soldiers were sta-
plaint, and by the passage of that resolu- question under consideration. It is well j tioned at some particular house or plant- Veto. Gov. Pease has vetoed the bill
tion, say to those having just claims—go | known here that I am not in the habit of j ation, and the ownej's cattle and provis- amending the charter of the Galveston,
your way; we cannot listen to you. If; engaging in the debates of the House; ions exhausted or destroyed, while his ¡ Houston ond Henderson railroad compa-
that resolution passes this House, sir, I j but, on the present occasion, when the ac-! neighbor, but a mile or two distant, re- j
shall go home mortified, that the fifth le- j tion of the committee of which I have the | ceived nó injury ? Did not that part oí
gislature spread upon its records that ¡ honor of being a member, has been at- the gentleman's authority which the rep-
which will be considered a blot upon its; tacked, and even the motives of its mem- j resentative from Comal took the liberty of
character, and a stain upon its reputation, j bers indirectly, if not directly, impugned, | reading for him, expressly state that the
Who are to be the beneficiaries of an! I conceive it a duty, an imperative duty, j sovereign might use a wise discretion in
overflowing treasury, and an almost; not only to defend myself, but to defend I remunerating the citizen for losses sus-
boundless public domain ? New comers ;! the action of the committee—so far, at j tained in war; and would it be improper
those who have come into our countrv, ¡ least, as the motives of its individual for us, the representatives of the people, to
JO^ALKEpROPRIETOR ft PUBLISHER
JOHN S. FORD, EDITOR.
AUSTIN,"TUESDAY, JAN'Y 10, 1854.
The causes assigned are the indefin-
ite time of existence allowed the corpora-
tion and the unusual branching privileges
granted, etc. At least so it is said.
sit in judgment upon the claims of those
whom we represent, and for whose good
and benefit we are acting ? I repeat what
I this morning asserted, that if this reso-
lution passes, we are shutting the door of
legislationan the faces of a class of citi-
zens who, of all others, ought first to be
regarded, so far as their claims are con-
cerned. If a good citizen presents his
as
not to assist in achieving the independ- members have been implicated.
ence of the State, or with the expectation It has been said, sir, that the adoption
of enduring hardship, but with the cer- j of the resolution would be unjust; that
tainty of a genial clime, a fertile soil, and the committee did not well consider the
the facilities of amassing wealth or pro- i injustice that would result from its adop-
curing a competency. I am a new com- j tion; that it was apparent that the report
mer, myself, sir, proud of the State of and resolution was not the result of ma-
my adoption, and thankful that my lot ! ture reflection; and that were the whole
has been cast in such a land and among matter re-referred, the committee would w
such a people; but, sir, I am not so in-' certainly retract from their position, and i petition, praying for relief, and his claim
tent upon my own schemes of accumu-! come to a different conclusion; and indeed ! is well attested, certified to by the most
lating wealth, or. of benefitting the State,j much more has been said to the same ef- i responsible members of society, and bear-
that I have found it convenient to forget feet, which I deem it unnecessary to re. ¡ ing evidont marks of being just and meri-
those who are passing away, but who, in ! peat.
years gone by, exposed their lives and tlemen
property to win for themselves and us to be drawn from all this ? Let their own
what we now enjoy. I hope, sir, there language answer.
is too great a sense of justice among the | In conclusion, I have to say, that the
members of that body to pass that reso- j subject before the committee, if not ably,
lution. What Í3 the meaning of that; was fairly and honestly investigated; that
word unauthorisedly ? j notwithstanding the position taken by the
Arp wptn cnnimit ourselves to a nolW ! committee in regard to spoliation claims.
JLLiv/Xl A UtXill XL UlllitULCoai J IV IUi | vwuuut xxxt*. i. ixu vi mv11
Now, Mr. Speaker, what do gen- j torious, we are precluded from using a
l mean, or what are the inferrences "wise discretion " in regard to the mat-
! ter, if this resolution passes; because, un-
sympathies may urge
I shall vote for the
der it, we must show the authority, and
that in such a way as to be almost im-
practicable. I have been told that I did
not comprehend the effect of the resolu-
tion ; but, sir, I apprehend I understand
it too well; for when I went to that com-
mittee to have explained to me, what was
the meaning of "unautliorizedly," as used
in the resolution, I found that claims such
as I have instanced, would be by that
committee laid aside, until snch authority
could be shown, as I repeat again cannot
be had.
The gentleman tells us that the old citi-
zens of Texas chose their abodes in the
Democratic Convention.—On yes-
terday the Democratic State Convention
tion convened at the Old Capitol, Lieut.
Gov. Dickson in the Chair—J. W. Hamp-
ton, Secretary. A committee of organ-
ization was appointed—several motions
made and an adjournment till this even-
ing voted.
communication frem Senator
Scarborough in relation to affairs upon the
Rio Grande will be found in to-day's pa-
per. Our plan is to give both sides a
hearing and let the public decide.
gég^Mr. Richardson, of the Galveston
News, is in our city. He has been on a
tour through some of the Western and
coast counties. Improvements and in-
creased population met his eye at every
point.
from an intelligent body of men, to the position be not only taken, but un-
adopt it without understanding its full Ainchingly adhered to in all time to come,
meaning? Now, sir, I ask of that com-i however much our ^
mittee and of this House, if a claim were t0 the contrary. _ . ..
presented here, certified to, by twenty! adoption of the report and resolution un-
men whose standing was unquestioned, j hesitatingly; and will take occasion now ,
whether, provided that resolution passed to assure gentlemen that it would be use- j wilds of Texas, and were benefitted by the
as the sense of this House, that claim ^ess re-refer the subject. ¡ war, in securing to themselves a good go-
could or would be allowed unless the cer-j [Mr. MARSHALL made a long and
tificate of the commanding officer could j able speech in favor of the resolution.]
be procured, to show that the property] Mr. CONE—Mr. Speaker: I have
used or destroyed was authorized. If, listened to the boomimr of the Cannon of
^ w O
vernment and wholesome laws. He in-
forms us that new comers have made the
country what it is, and it may be so to
somfi extent. That our old citizens should
for instance, any one, during the war be-
tween Texas and Mexico, had taken from
him his herds, his cattle and those cattle
used by the army of the Republic, and either
from neglect or untoward circumstances
the certificate of the commanding officer
was not obtained, no proof that could be ¡ what I have heard.
adduced, without that certificate, would j Mv position, sir, is a peculiar one. A
avail anything; because we will have as- j residence of a few short vears in the State
serted our incompetency to act as a jury Í is an that I can boast; and in most things
upon the claim without a certain kind of i ara identified with those against whom
evidence, which, unfortunately for claim-j j ara now contending. My views and
ants, has not heretofore and cannot now i opinions are antagonistic to those enter-
! and forget their losses in the davs of the
Cherokee, and witnessed the Marshall j look to the enhanced value of their pro-
display of the gentleman from Harrison, I perty by the emigration to this country,
with all his military and civil authorities,
am
form
firlenf
matters by asking of what use would a
mine of diamonds be to a man, unless he
had such assistance as was necessary tc
bring the precious stones from their rough
and natural state, and take them from the
bowels of the earth ? And of what use,
asks he, would the rich lands and fertile
soil, and broad acres, have done the old
Texians, unless the new comers had de-
veloped the vast resources of Texas, and
made her what she now is. Ah, sir, the
tendency of this resolution and that gen-
tleman's remarks are to this conclusion:
the new comers have gone down into the
mine; and having the strength and num-
o ..ell as my own. b,er5> hare,caut'!,t '¡l0 '^overera by the
State will be swindled, or sustain heavy | How dare that gentleman (Mr. Marshall ^roat' and co°lly aLlud."J°to £heir power,
losses, by establishing the precedent of ; nonstrue anv remark of mine «non this' have turned them off with nothing. Gen-
be procured. Why not place these claims! tained by older citizens than myself;
upon the same footing as private land; W}10SC ability, and whose position in this
claims, and have them properly investí- j body, and ill the State, entitle their opin-
gated and passed upon by the appropri- j ions t0 respect and grave consideration,
ate committee, giving an opportunity to But, sir, I am the representative of an old
those whose claims are just, and who can i county, and of old Texians; and I should
establish the fact, to be remunerated for j i3e rccreant to the trust which has been
their losses? How dreadfully fearful gen- j confided in me, were I not to speak what
tlemen have suddenly become, that the : their sentiments as well as niv own.
j ®/ o x j vviioii viv~- un > i viiiaixv vi inn
paying what we believe to be justly due. fl00r> fut0 a"dispotJon to sell ihe"patriot-
Is there greater danger in this character ism 0f 0jj Texians? How dare that gen-
of claims than m any other, that we must ¡ tleman talk of buying them out, who have
throw so great a safeguard around the proved themselves valiant men and well-
State, and tremble for fear she may be tried patriots? It mav do, sir, for him
cheated ? Ah, sir, it needs no close scru- to s¡t AVitb his feet upon a carpeted floor,
tiny to detect the fact m regard to this1 sarrounded with costlv furniture, and ca-
whole matter. What we pay is lost, and j Y{\ at a]lusions to what the old citizens of
we have other uses for the money. We | Texas have done, and how they are to be
can talk among ourselves of the greatness j repai,i. jt mav do for hira? sittillg in his
of our State, of our wealth at home and. piaCe, to propose to buy out the patriotism
our character abroad, but, sir, we do not 0f ti10se who fought the battles of this
enjoy so enviable a reputation as we are! country. These may be light matters
"«"¡wont to flatter ourselves we do; for, | witb the gentleman; for, sir, it miqht
for years endured toil and suffering, sur- though it has become, perhaps, the fixed have been that the gentleman would have
rounded by danger exposed to the toma- policy of the State, we have already done j been a soldier himself, had it not been for
hawk and scalping knife, that this crreat as much as we dare do towards repudia- the o-uns and vilkinous ^-iltnetre
.ion by adopting the scaling system; and Welúe had «te,S™ qnltions from
after the debt has been scaled and interest yattel and Grotius bv the representative
stopped, made no demonstration vet of
Supper.—The ladies of the Presbyte-
rian Church will give a Supper in the
Senate Chamber of the Old Capitol to-
night for the benefit of the Church.
TnE School Bill.—The House of
Representatives passed the School Bill to
a third reading by a large majority on
Monday. There is no doubt of the final
passage of the bill.
—
Tiie Loan Bill is yet under discussion
in the Senate. We are disposed to think
the vote will be a tie in this body, and the
casting vote given by the Lieut.-Governor.
Election in Cameron County.—The
election to fill the vacancy in the House
of Representatives, occasioned by the
death of Dr. Sutherland, resulted in fa-
vor of the Reds by a large majority, Mr.
Kottman being elected.
4—
. r—c ,,uu, glcal.
State might become what she is, a star of
the first magnitude in the glittering con-
stellation of the American Union? Old
Texians ! Those whose just and meri-
torious claims we are about to deny, and
whose petitions we are about to* disre-
gard. Now, sir, I am not one of thosp
xebn arp «n eh.irmofl with the srviml
tlemen need not attempt to conceal it:
the fact is too evident to all who choose
to see.
The old citizens are passing away
from the stage of action and are but few
compared with those who of late have
settled in the country. We have great
schemes to carry out—great projects on
foot, and we are all wauting money for
this purpose or that. If Ave pay these
claims there is so much gone that we
shall need for other purposes, so we
must satisfy our consciences with sym-
pathising with the sufferers, but consider
it too dangerous a precedent to pay them
anything, no matter how just their claims
may be, or how righteous we would act if
irn w-orn tn siitiwfv tbnm. As Inner as
The Loan Bill.
bill Í3 now under consideration in
the Senate, providing for the investment
of the $2,500,000, proposed to be set a-
part as a perpetual School Fund, by loan-
ing it to railroad companies. Since the
passage of the Pacific railroad bill, this
subject occupies a position of more pro-
minence than any other likely to be agi-
tated during the present session. It is a
duty a public journalist owes to himself,
when his opinions may be misunderstood,
or when his silence may be construed in-
to a want of independence, to give his
views to the world; therefore, the follow-
ing exposé is submitted, without expect
ing to advance any thing new on a much
vexed question, or to influence any one
by the arguments or facts adduced to sup-
port the positions.
In discussing the matter, one of the
first and most important questions to be
answered will be—
Is it Constitutional?
A State constitution has been defined
to be an organic law containing requisi-
tions and prohibitions, so far as they gov-
ern the legislative department of a State
frovernment. Constitutional provisions
. " fr°m Harrison, to sustain the position he —fe - — — n . —
paying our creditors. I do not hesitate occupies upon this question, though it | ing anything but paying our debts, and
*?.sa^' ®ir t^lat ^ been in the coun-j seems, from the reading of my friend from j we stand in danger of making ourselves ~ «^ -
C3js of this State when that system was Comal,that a portion of the learned authors unpopular by refusing to entertain the | constitution inhibits the passing of a law,
f a<™Pte{i> I should have raised my voice AVcrc pagSed over, as either not applica- ■ claims to which I have alluded, because i by the Legislature, to incorporate a com-
«"aU TotÍ™ '' or ^Firs4- Settler"' tb it T i a^m.St 1 *tn convinced was unjust ble to the point in question, or what is the proportion the old settlers bear to panv with banking privileges. T* w
"Old Tcxian, or JMrs, bettler that I and improper; for I would have sooner, more probable, not the kind of reading I the new comers « - — ^ T
conceive no one out of that peculiar class exhausted the treasury and our public do- which the gentleman from I larrison need"
ought to receive at the hands of the State j rnam in paying our debts, and been with- Pi]. Now sir. T no authority upon
made: they address
-rrrv ; "V-7~~k IZi— — ^ ¡ mem^eives to ttie common sen^e an,] mm-
old Texian, and my being here shows the | than to have recorded against us, that we m0n iustiee of even- m-,™ 'I l>,
" — t o
there is money in the treasury just so require legislatures to pass laws to accomr
liiTirr will tlioro lip <rvont imp for it ill do-
plish certain objects; and prohibit the do?
things: for instance, our
ing of certain
V. i -i i- ■ fV" ® uai utu. , ari'i uilix mm-; eu. Sir, 1 \\
or its citizens political preference or pe- out the reputation which gentlemen pre-1 the points 1 have
caniarv relief. No, sir, I ran against an , sume we have for wealth and greatness, themselves to the <•
old Texian, and my being here shows the | than to have recorded against us, that we mon justice of everv man 'J here is no
result. I am a free thinker and a free j determined ourselves what we would pay. analogy between the history of any other
speaker, pinning my faith to no mans and then determined to take our own war> and the war between the Republic
sleeve, and binding my conscience to no time in paying. This resolution contem- i 0f Texas and ATí-vú... ti,,. tí.
constituency. But, sir, I hope I am just.
I believe" to the extent that our poor na-
tures will admit, I live up to that golden
rule, of udoing to others as I would thev
r ±exas and
plates another species of repudiation, and j tells us that what i.w
one to which I will never consent—a re-; troops of the Rei
pudiation of iust claims, and of «11 others
aa uuoiiu) tn My tiic
— Republic, should not he paid
nuM-olv 1 í nnciílArníl nc t-lir* ii _
f, ; V . * "" wr; out mereiy i>c consideren as the in-«the death of the ft
the most meritorious. I shall vote against j evitable consequences incident upon war. ' Gonzales Enouirer.
; 1 j - ox w
I been held by learned jurists that a State.
¡ Legislature may do anything, not prohi-
bited by the constitution, which the peo-
ple themselves can do. There is no clause
in our constitution prohibiting the Legis-
lature from passing laws for the construc-
Fatal Affray,—An affray too place j tion of works of internal improvement.—
tl.o of Peaeh If s0? whcrc is it to be found? Where is
the authority derived to pass a law to-
1 nlonp nnt tlio rivera? Ta nnf tliot o irnrlf
is as one ^
¡ still have confidence, sir, in those with
| whom I am associated in a legislative
| capacity, and 1 feel confident, that this
resolution, so unjust as I conceive it to be,
will not pass this House.
! Creek, in tlii.-s county, between Richard
Parr and L Nichols* which resulted in
I tlin (inntll nC tlia fnvninf gClltlCUian. —
i or works of internal improvement? Has.
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Ford, John S. Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 25, Ed. 1 Tuesday, January 10, 1854, newspaper, January 10, 1854; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181787/m1/2/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.