Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 25, Ed. 1 Tuesday, January 10, 1854 Page: 3 of 4
four pages : ill. ; page 19 x 14 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
any one questioned the competency of
the Legislature to pass laws to accom-
plish that object? If the Legislature
cannot' pass laws providing for the con-
struction of works of internal improve-
ment, why the following clause in section
8 of the General Provisions, requiring
that no appropriation for " purposes of
internal improvement shall be made with-
out the concurrence of two-thirds of both
Houses of the Legislature?" If the fra-
niers of that instrument contemplated
precluding the Legislature from passing
laws for the purposes of internal improve-
ments, and from making appropriations
to carry the same into effect, wo old the
above provision have been retained in the
Constitution? Where is the specific au-
thority to be found to donate lands to
railroad companies? Certainly not in
the Constitution. It follows as a matter
of course that the Legislature can do any
thing indirectly it can effect directly. If
both Houses can appropriate money to
establish works of internal improvement,
if they can donate it for the same purpose:
(they have donated lands to railroad com-
panies,) they are certainly authorised to
loan money to corporations or citizens to
effect similar objects.
A majority of both Houses can appro-
priate or set apart money for education-
al purposes. After money is so set apart,
where is the provision in the Constitution
requiring a two-thirds vote to pass a law
to invest it, by loan or otherwise ? It
does not exist. A law pointing out and
providing the manner in which a fund ap-
propriated to purposes of education shall
be applied or invested, is not a law mak-
ing an appropriation, because the money
constituting the fund is already appropri-
ated to a specific purpose. There is no
constitutional necessity to pass two laws
for the appropriation of the same sum of
money. One law may appropriate mo-
ney—another may indicate the method
of disbursing, applying, or investing the
same; or all these provisions may be con-
tained in the same act. To require any
further law, making specific re-appropri-
ations of the School Fund—so much for
this or that object—so much to be re-ap-
propriated by a two-thirds vote—so much
by majority votes for this or that pur-
pose, would upset the whole routine of
conducting business in our Treasury De-
partment. Such a rule of construction
would require separate laws appropriat-
ing a specific sum to pay the mileage of
each member of the Legislature, another
for the per diem of each. The Comp-
troller, or any other public officer, could
not pay for a cord of wood—a bunch of
tape, or a bottle of ink, without a speci-
fic re-appropriation of his general contin-
gent fund, itemising every article and
particular, and requiring a law for each.
Therefore, the argument insisting upon
the re-appropriation of the school fund
by a two-thirds vote, after it has already
been appropriated to a specific object,
and the manner of investment is being
o
provided, is a sophism founded upon a
species of special pleading very well cal-
culated to mislead, when not properly
examined.
It has been argued that sec. 31 of the
General Provisions contains a clause,
reading as follows, "the State shall not
be part owner of the stock, or property,
belonging to any corporation," which in-
hibits the passage of laws for internal im-
provement purposes. This provision ap-
plies solely to the case of the State be-
coming a partner of any corporation or
company. It cannot, by any legitimate
yule of construction, be tortured into a
prohibition against the State construct-
ing and owning any road, canal, or other
public work.
It is contended that the above provi-
sion would prevent the purchasing and
owning of a railroad, in case of foreclo-
sure of mortgage and sale, in accordance
with the provisions of the " Loan Bill
that, in the event the State became pur-
chaser, the sale would be null and void,
because she could not hold under the
above constitutional prohibition. This is
a fallacy. 1. It is begging the question
to say there would be no bidder but the
State. 2c If the State were to purchase.
she would not buy a part but all of the
road, which she could undoubtedly hold.
The charter would be forfeited—the com-
pany or corporation would have no legal
existence. 3. The State, under the pro-
visions of the "Loan Bill," would not be
bidder, purchaser or owner of any rail-
road sold under mortgage. The reasons
why are these. The School Fund, when
set apart, becomes, in legal contempla-
tion a person. The School Commission-
ers will, to some extent, be a corporation,
capable of suing, being sued, &c. The
rights and benefits accruing from a mort-
gage, lien or other act of the Commis-
sioners, would inure to the advantage of
the school fund. In the event a road
should be sold, and the School Commis-
sioners should buy, they would hold the
same as a part of the assets of the School
Fund—as the trustees of this person in
law, who would be the beneficiary. The
State would not become the owner of a
single mile of road. The Commissioners
would be held responsible for the faithful
performance of duty. The Legislature
would be the supervisor of their actions,
and see that they did not violate the trust
confided. The School Fund would con-
tinue to be separate and distinct from the
other funds of the State, because set
apart for a specific constitutional purpose
—it would, as has been said before, be a
person in legal contemplation, with all
the legal capabilities necessary to accom-
plish the objects for which it was created.
It has been argued that the law au-
thorizing the loaning of money to railroad
companies, would be obnoxious to the
18th section of the Bill of Rights, which
says, "Perpetuities and monopolies are ;
contrary to the genius of a free govern-1
ment, and shall never be allowed, &e." j
Inasmuch as the bill proposes to loan to j
railroad companies alone, it is asserted it j
thereby creates a monopoly in their favor.!
It would be a hard matter to define the
monopoly of which they complain. Is
the granting authority to railroad com-
panies to borrow money from the school
fund a monopoly ? Cannot any person
in the State become interested in railroad
stock, then where the monopoly ? Is a
law enabling railroad companies to bor-
row money for the purpose of doing cer-
tain things clearly within the purview of:
the Constitution, liable to the charge of j
being a monopoly? If this is a monopo- j
ly, any law providing for making a con- ■
tract with a citizen for any particular
purpose, is a monopoly also. LTnder such
a rule of construing the constitution, the
act providing for the erection of a State
Capitol by contract, was a monopoly.—
Why could not every mechanic in the
State come forward—work to suit him-
self—quit when he pleased—make out
his own account—present it at the Trea-
sury, and demand payment. It is quite
supposable that, if contractors had not
taken the doing of certain portions of the
work, the Capitol would have been a very
nice and symmetrical building. Why
was this engrossing of contracts and
work not complained of as a monopoly ?
A monopoly is defined to be " the sole
power of vending any species of goods,
either by engrossing the articles in mar-
ket by purchase, or by a license from
government confirming this privilege."
An act giving the entire commerce of a
particular country or district to a compa-
ny would be a monopoly. The P" loan
bill" creates no perpetuity or monopoly,
unless a constitutional enactment to in-
vest the School Fund by loan to compa-
nies composed of Texas citizens, with the
avowed object of aiding to develope the
resources of the whole State, for the ben-
efit of the whole people and for the edu-
cation of the rising generation, can be
styled one.
The last constitutional objection to be
noticed is the one averring that the 4 loan
law would interfere with the execution
of contracts between individuals because
it secures the School Fund by giving a
lien, created in its favor, priority over all
others. As this is a subject matter clear-
ly within the control of legislative enact-
ment, as between individuals, it is hard
to conceive what article of the Constitu-
tion it infracts, to regulate it, as between
the School Fund and an individual, by a
law on the statute book, published as full
notice to all parties. Is it presumable
any conflict could arise between individ-
ual mortgagees and the School Commis-
sioners ? Capitalists loaning money to a
railroad company would be fully apprised
by the law on the statute book that the
company had the right under the law to
borrow money from the School Commis-
sioners and that a mortgage in their favor
would give a priority of lien to them over
any other party.
This objection is therefore far-fetched,
and founded on false premises.
Senate Chamber, 1
Austin) Jan. 7, 1854. J
To the Editor of "The Texas State
Times''—Sir: In your paper of to-
day I observe with surprise the republi-
cation, from the columns of the '"'Nueces
Valley," of what purports to be the pro-
ceedings of a public meeting held in Bio
Grande City, Starr County, on the 12th
of October last; which meeting had for
its object the condemnation of what a
very large majority of the people of the
lower Rio Grande Valley deem the lauda-
ble and praiseworthy acts of two of the
officers of the State and general govern-
ments, on that frontier.
Having no other light before them than
the biased and prejudiced expression
which purports to have emanated from
that meeting. I can readily suppose, sk-,
that the public, like yourself, should be
easily misled as to the true position of
facts.—The following remonstrance, how-
ever, sent to the undersigned at Browns-
ville, by, as you will perceive, a very res-
pectable number of those, who will be ac-
knowledged by all who know them, among
! the most respectable and influential gen-
I tlemen of Rio Grande City, will, should
! you kindly give it publicity, place both
| sides of the*question before your rea-
1 ders.
It will be perceived that four of the
gentlemen named in the proceedings of
the meeting above referred to, have sign-
ed this remonstrance, and hence I have
reasonable grounds for presuming that
they, at least, do not wish the legislative
expression which is sought—as I must
believe—to be arrived at by some of the
means in this matter, and perhaps the
chief ones, both in Rio Grande City and
in this capitol. I allude to the names of
Messrs. S. J. Stewart, Richard W.
Davis, John P. Kelseyanda Mr. Jami-
son. The name of R. W. Davis is
found in the proceedings of the meeting
as one of the " committee to make a re-
port," whereas in the remonstrance you
will find that he "most decidedly disap-
proves of the course pursued at the meet-
ing;" that lie believes '-'there was an ul-
terior design." Mr. Stewart, who was
the former sheriff of that County, un-
hesitatingly "attests the correctness" of
what is affirmed in the remonstrance, and
Messrs. J. P. Kelsey and Jamison, also
reported in the proceedings of this meet-
ing as having figured in the matter, you
will perceive joined in remonstrating
against it.
Subscribing wholy to the sentiments oí
the gentlemen who speak in the remon-
strance, and deprecating all covert at-
tempts at the manufacturing of public
or legislative expression, I beg of you,
sir, as an act of justice to those gentle-
men, that you give through the columns
of your paper, the same publicity to the
remonstrance that has given to the pro-
ceedings of the meeting.
My colleague, Hon R. B. Kings-
burg join me in the request for publica-
tion.
Believing that you will accede to the
justice of tills request. I have the honor
to remain, sir,
Your Ob't. servant.
E. B. SCARBOROUGH.
Rio Grande City, Oct. 15th, 1853.
Mr. Editor:—On the 12th, instant a
public meeting was held in this place, at
which a report and resolutions were adopt-
ed which were levelled at Judge Arring-
ton, for mal-practice in his office, and
against Maj. Paul and other officers of
the Armyrfor making the arrest of Car-
vajal anil others in this place, in April
last.
We do not exctise Judge Arlington for
any carlessness, omission or neglect of
which he may be guilty ; but we do not j
approve of the course adopted at the !
above meeting, because we do not believe ;
the leaders were impelled by the simple 1
wish to have the Judge removed for ac-!
tual wrongs committed as a matter of
justice. We believe there was an ulteri-
or design. If proceedings against the 1
Judge are necessary : let them be insti-
tuted in a proper spirit and manner, and
let the matter be fairly tried.
As to the above mentioned arrests, we
most decidedly disapprove of the course
pursued at the meeting. We have the
best reasons to believe that the officers
acted under legal authority from the Pre-
sident of the United States. There
was certainly seme rough work in the ar-
rests, whether necessary or not, we do
not say]; but we give no credence what-
ever to the statement that the private
chamber was invaded, and we well know
that a great good to this community was
affected by the arrests. The reckless
career of these men, who liad been for
some time trampling under foot the
laws of the United States, was stopped,
and we have since enjoyed comparative
tranquility.
The the civil officers in this country have
had the power, for the last year or two, to
execute to laws, without military aid, can-
not, we think, be asserted with truth.
The gentleman who has been our Sheriff,
as we as many others, will attest the cor-
rectness of what is here affirmed. Ma-
jor Paul has always promptly furnished
the Sheriff with whatever force he asked,
and has exhibited, as we think, a due re-
gard to the rights of ourcitizens.
But why bring the arrests above men-
tioned to the attention of the legislature
of Texas? This is the question, the an-
swer to which is somewhat interesting*
As the proceedings of the meeting are
to be published in some of the Texas pa-
pers, we request the press throughout the
State to copy this article.
Very respectfully
R. W. Davis, F. Faunt LeRoy,
Jno. P. Kelsey, L. T Jamison,
W. M. Robertson, Wiilliam Martin,
Sam'l J. Stew arm, John F. Lund,
II. Clay Davis.
MEDICAL CARD.
|^|R. EDWARD McDONNEL, for
EJ* 12 years a licentiate by three se-
parate diplomas, from the first institutions
in medicine, surgery and midwifery, during
which period he has been in extensive prac-
tice, respectfully informs the citizens of Aus-
tin and its vicinity, that he has located hcr«
with the view of pursuing his profession in
all its branches. Office on Congress Ave-
nue, opposite the Treasury Department.
Austin, Aug. 5, 1853. [S:lv]
TWT"OTICE.—On or about the 10th inst. I hired
J34 a horse to a man calling himself II. W. West,
"who pretended he only wanted him to ride to Web-
ber's Prairie, and he promised to return within two
days, lie is yet absent, and I believe his intention
is to defraud me out of the horse or to steal him.
West is about thirty-five years of age, about five
feet seven inches high ; has gray eyes, hair nearly
black, and suffers his beard to grow long all over
his face. lie generally wears drab or gray clothes
and a drab hat. The horse is a bright sorrel, with
white mane and tail, is six or seven years old, and
is branded U. S. on the left shoulder, though the
brand is hardly visible. A reward of twenty-five
dollars will be given to any person delivering said
horse to me at my Livery Stable in this place; or I
will pay one hundred dollars for the delivery of the
man and the horse to me in this city.
Austin, Dec. 24, 1853. 4:4t D. WALSH.
XKW GOODS!
Fall anil Winter Trade. 1853.
SAMPSON it HEN RICKS respectfully announce
. _ to the citizens of Austin, and Travis county
generally, that they are now offering the largest and
best assorted stock of Goods ever shown in this coun-
ty, which they will sell at the lowest remunerating
prices. The stock consists in part of fancy and sta-
ple DRY GOODS, to which they part icularly invite
the attention of the ladies. CLOTHING, of every
description, forfgentlemen. Also, Boots and Shoes;
Hats, Caps and Bonnets; Umbrellas and Parasols:
Paints, Oils ar d Glass; Stationery and Fancy Goods;
Hardware and Cutlery; India Rubber Goods; Car-
peting and Oil Cloths: Wood and Tin Ware; Plows
and Corn-Sbellers; Cooking and Parlor Stoves;
Agricultural Implements; Saddles and Harness;
Crockery and Stone Ware; Furniture, etc. To-
gether with a full assortment of GROCERIES, and
all other articles necessary in a complete stock.
j£tf¿yParticular attention is requested to our su-
perior stock of Waiche* and Jewelry.
SAMPSON ¿ IIENRICKS,
Orí. 30. 17:if AllRlin Tpvíis
AUSTIN COLLEGIATE FEMALE
INSTITUTE.
npiIE fourth session of this Instiiu-
•* f ion, under the control of the Éev.
B. J. Smith, A. M., will commence on the
second Monday in September.
Terms, as heretofore published.
Young ladies cau board with the Princi-
pal, at ten dollars per month, in advance.
~ R. D. JOHNS O N7%
GALVESTON, TEXAS
LAND AGENT AND COMMISSIONER OP DIEDS
For every Xlate in the Union.
Deeds, Mortgages, Powlrs of Attor-
ney, and other Instruments of Writing,
drawn ai.d authenticated for use or record ki
any part cf the United States.
Instruments acknowledged before a No-
tary or other competent officer in any Coun-
ty in the State of Texas, and certified to by
meas Commissioner, can be Used or recorded
in any State in the Union. Documents
forwarded to me through the mails, will meet
with prompt attention. 23
E UTA W HO US~E,
INDIANOLA, TSXAS.
IHE above Establishment, formerly
known as the McCulloch House,
has been thoroughly refitted and newly fur-
¡ nished, and being situated on the Bay-shore,
j and Main street, in a most pleasant part of
| the city, tie Proprietress foels assured of
j her ability to give general satisfaction to the
traveling public.
TBe House is supplied with good servants,
and every attentiou will be pail to promote
the comfort of thoác favorirg it with their
patronage.
The choicest wines always to bo obtained
when called for.
MRS. L. JONES, Proprietress.
March 16, 1953. 40:tf
' • QTAPLK
Í RICKS #>n
..re now opening a spleudid assortment
of Satinets and Jeans ; Red and White Flannels ;
Colored Flannels, for ladies' and children's sacks—
a very excellent article: Black and Colored French
Cassimeres and Broadcloths; Bleached and Brown
Domestics, etc.
•\ncfin. Oft. R. TT:if.
J. F. SPENCER,
DENTAL SURGEON,
FROM SHREVEPOHT, LOUISIANA
|N tendering his services to the inhabitantsot
* AUSTIN, and its vicinity, and asking for a'
portion of their patronage, deems it prop-
er to remark that his attention has been'
given to DENTAL SURGERY,in its va-
rious branches, for many years; and that
during this time he has practised in different;'
parts of the country, giving, wherever thus
engaged, entire satisfaction, and receiving,
as evidetrecs-of ability and success, higlr
commendation and approval.] To those per-
sons who have had unfortunate experience
in the way of improper ^nd unskilful Den-
tal operations, it is necessary to say, that
operations on tho teeth, unless perfortnea
properly, are dear at any price. That no
I art can entirely restore, and no money suf-
j ficiently recompense the injury which is fre-
quently caused by unskilful treatment of the
teeth. He would call the attention of those
who are so unfortunate as to have carious
1 teeth, to the great object of his pride and
! exertion of endeavoring to excel in the im-
portant art of saving them. Millions of
teeth are now annually lost which might be
saved, by timely and judicious treatment.
Ladies visited at their residences, if
required. He would farther remark, thai-
he has permanently settled in Austin.
Office and residence on Congress
! Avenue, opposite the Methodist Church.
r. w. pkirce. r. p. kelly. 3. k. peirce, jb.
Improved Siasruerreotypes.
PIERCE, KELLY & PIERCE have associated
themselves together, in the Daguerrean art,
in the city of Austin, and are prepared to execute
life-like likenesses, of the latest and most approved
styles. With long experience and close attention
to this most beautiful art. we feel confident in say-
ing, that our pictures will compare both in the life-
like expression of the persons taken, and the blend-
ing of the colors to nature, with those taken by the
best artists in the United States.
Daguerreotype Excelsior!!—This imitation of
; "Miniature on Ivory," is the most beautiful im-
! provement in the art, and the most discerning eve
I but seldom distinguishes this from the reality. Our
j instruments are the best, which enables us to take
j pictures in all kinds of weather, aud from the
! smallest for the ring to the full size. We could
i give numerous complimentary notices of our skill
j in the art, but only solicit ladies and gentlemen to
¡ visit our room, (over Morris' store on Pecan street,)
, where they can examine numerous and elegant spe-
! cimens that speak for themselves.
Í Austin. Nov. 18, 1853. 1:3m
T^LOI R, Corn Meal and Potatoes, for sale at
a Hancock's corner.
Austin. Nov. 1. 9o
1
J
SI. klAAKS CO., Importing and Ship-
> vino Merchants. Strand. (Galveston. au? 20
WAMII'Ü Lt DUt STAULU.
rpHE subscriber would respectfully in-
I form the public, that he has erected JufcSTN
commodious stables an.l carriage houses,
that he is amply supplied with provender, and is
prepared to receive horses at liven-, which will be
under his personal superintendence. Horses kept
to hire. He also keeps on hand and for hire, at
reasonable rates, Carriages and Buggies. Stran-
gers wishing to hire, will be expected to give se-
curity.
flág^Stables north-east of the Orleans House.
A.wti,. TW. Q 1«>;i TI w\CTr
' D. C. FREEMAN, JR. N. c. RAYMON D. G. R. FREEMAS
RAYMOND, FREEMAN & CO*
Attorneys at Lato,
REAL AND PERSONAL ESTATE BROKERS,
General Collecting and Land 4gents.
City of Austin, Texas.
TZ EEP at (heir office registers of lands faf
sale in every part of the State, with full
descriptions of soil, timber, water, facilities for
market, &c.. f e., obtained from personal in-
spection, and always a fair represent at ion a3
to crenuir.eneosof titie. They can therefore fur-
nish valuable assistance to persons wishing to'
purchase homes, or to capitalists desiring pro*
fitable investments.
Q^p-The descriptions furnished by the own-
ers of all lands entrusted to the above firm for
sale, will be registered, the lands personally
inspected if desired, and their value ascer-
; tained.
Land certificates located, U. S, bounty war-
I rants obtained, bought and sold; claims against
the State, the United States, or individual*?, ad-
justed and collected.
A fee of Si will be charged for registering.
Office on Congress Avenue.
Austin, Nov. 5, 1853. 21:ly*
LOST—The headright certificate of John A.
Pierce, issued by the Board of Land Commis-
sioners for San Augustine county, for 320 acres,
i number and date not recollected ; if not heard
¡ of the undersigned will appl)*to the proper au-
thority for a duplica'e.
HENRY W. SUBLET r.
October 14. 1853. I8w9
C'OPYING PRESSES AND BOOKS, ju ¿
' Veived and for cash by F. T. DUFFA*.
Austin. Nov. I. 1853. 20
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
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/m1/3/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.