Tri-Weekly State Times (Austin, Tex.), Vol. 1, No. 3, Ed. 1, Wednesday, July 23, 1856 Page: 1 of 4
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CITY OE AUSTIN JULY 23 1856
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DEBATES IN THE SENATE.
iggffy'jCTK
SENATE.
' Saturday July 11 L85G.
Tho resol ition providing for u distri-
bution of tho School fund to the several
comities of the State being before the
Senate
Mr. FLANAGAN arose and said
I gavu notice on yesterday sir that I
designed making some remarks upon the
resolution now pending before the Sen-
ate. Since that tinio I have hesitated
much sir whether or not I should do so;
but after due reflection 1 am inclined to
adhere to my first lovo and make a few
remarks. The reasons prompting me
thus to act aro numerous ; and upon this
occasion I am gratified to see there arc
clouds "banging over us and therefore it
will bo' more pleasant than usual. I do
not propose to extend my remarks to any
great length.
I wish to call the attention of the
Senate to the fact that there are 123
members composing the present legisla-
lature and there are porhays as many
different opinions entertained upon the
one all-important subject of internal im-
provements. What does this state of
things teach us ? To me it argues not
that they are all in error or insincere ;
by no means sir. I take the broad prin-
ciple air that each and every one of
them come up here honestly and faith-
fully representing the wishes of their
constituency upon this vital question.
They represent a broad territory such
a one as cannot be boasted of by any
other state. Their interests arc many
and various and many and various as
they sire they must all agree upon one
grand object some plan by which facili-
ties for transportation can be attained.
Now sir if all adhere to their original
plans it is perfectly clear nothing satis-
factory can be done. Something must
bo done in a spirit of compromise and I
am vary cortain something will be done-:
something must be done. Tho peopfo
expect it and even if the better policy is
not adopted it is certainly better that
something secondary in point of utility
should be chosen. There aro many pro-
positions now before the people. The
"loan bill" has already passed this body;
it is well known what its provisions are
and I need not stop here to recapitulate
them. True sir I did vote for that bill ;
f was induced to do it in the spirit I have
intimated a spirit of compromise.
There are however some features in the
resolution now pending before the Senate
whith I unhesitatingly approve ; and J
hope it will be re-considered whether
acted upon directly or not. Education!
The word education can scarcely be lost
sight of in the most trivial bill introduced
in this senate. Undue importance is
attached to this subject ; and why ? It
is because "wo are driven to this necessity
by the constitution of our state which
provides that no appropriations shall be
made for internal improvement purposes
for a period of longer than two years.
And the paramount object is to avail
ourselves of the funds of the stato to
construct railroads although it has di-
rectly been appropriated to educational
purposes. For a time sir I was indis
posed (.o cast my vote thus to appropriate
this fund ; but after an amendment was
made to the bill it occurred to me that I
could not do better than to support this
measure I do not regret that 1 have
done so though I declared at the timo
what I believe was the real object of this
appropriation. I am willing to support
any measure that will securo the construc-
tion of railroads in any part of tho state
however remote it may bo from my own
particular district Then sir I am to tho
furthest extent a railroad man. But
horo aro some stubborn facta to bo consi-
dered : 1 havo already adverted to the
fact the constitution of the stato requires
that no appropriation shall be made for
a longer period than two years except
for educational purposes ; thereby impo-
sing upon tho legislature tho necessity of
appropriating tho money first to educa-
tional objects before it can bo reached
for intornal improvement nurnoses. I
for one sir do not hesitate to declare
mysolf in favor of calling a convention
to take into consideration tho propriety
of changing theso objectionable features
of our constitution. It would be entirely
competent for such a convention to
change this feature of the constitution ;
then sir we could appropriate the fund
now in our treasury to tho building of
railroads. 1 desire sir to cast no reflec-
tion on the honorable gentlemen who
framed tho constitution of our state.
They performed a noble work ! But there
were clouds hanging over our young state
at that timo which have happily been
dispelled from our political horizon ; and
that provision of our constitution which
was then proper and just in the rapid
improvement of our country has become
inexpedient and improper. The proper
development of our state demands that
"a system of intornal improvements should
bo adopted ; and to do this the funds of
tho state must be applied for that parti
cular object. I think sir there is scarcely
an intelligent citizen of this state who is
familiar with the repeated attempts that
havo been made and are now being
made to alter or amend the constitution
who docs not see the almost imperative
necessity of some amendments being
made. There is scarcely a state in this
union that has not found it necessary to
revise its state constitution ; and it has
been found to work well for the best inte
rest of the state in every instance with-
out a single exception. Then how much
more is it necessary for the proud and
noble State of Texas possessing a large
amount of funds in the treasury with a
public domain surprising in richness of
soil and mineral resources every other
state in the union ; how much necessity
there is for our own state to embark in a
general system of internal improvement
we must know. I am distinctly in favor
of amendments of this kind being made.
The constitution provides that in no case
shall more than one hundred thousand
dollars be drawn from the Treasury
except to repel invasion or to suppress
insurrection. "Why sir there are gentle-
men in this state who aro able to use a
capital of that amount.
Our .vast pubjicdomainoj one hundred
million acres top;elhrwitKTlie'fo'ur mil
lions more in tho treasury would be suffi-
cient if properly made use of to build
up and sustain an extensive system of
internal improvements; but circumscribed
as it is by the stato constitution no one
can have any reliable assurance that it will
be judiciously expended in aiding the
construction of railroads. We may re-
ceive a vast fund from the sale of our
public lamls. It will pass into the vault
of the treasury but once there it cannot
bo touched except for " educational pur-
poses." Now in good faith I would ask
you where is the gentleman who will say
when he looks to the building of railroads
in the east tho west north or southwho
does not wish aid yes stato aid and
when it is asked you go not directly to
tho state. No sir you present your appli-
cation and security at the back door.
You must first strike at tho door of
"education" before you can approach
this fund either directly or indirectly. It
does seem to me sir this state of things
cannot bo tolerated. If tho question
was submitted to the people to-day con-
no convention 1 believe sir
here the day Is not distant when the
people the sovereigns of tho land will
demand a convention of this kind. Aye
I think if our governor had only romaincd
firm to the principles and policy le at
first laid down ere this they would have
demanded the holding of a convention
to change our constitution. It "yill be
recollected the Executive about twelve
months since wroto a letter upon the
subject of state policy which by the way
has many friends. I thought sir there
was tne dawning oi a can iorva state
convention ; in my own county I am
plan I mil ready to vote for a secondary
one rather than fail to settle upon a plan
by which we can secure tlio objects so
much desired. But lot us call a conven-
tion amend our State constitution as
Louisiana has done and I am confident
wo shall soon sec an efficient system of
internal improvements determined upon.
It inay be said sir tho population of tho
State is meagre that we aro not- suffi-
cient in numerical strength to undertake
a system of this kind. ' Lot us look to
tho fycts-pf tho oasev and compare the
satisfied such a call will be made and at
no distant period. At the time of writ-
ing this letter I was an ardent advocate
of the slate plan but not to the extent
recommended in that letter. As to the
Governor 1 am unable to tell what posi-
tion ho docs take on this subject now as
ho is for and against it from his second
exposition. Sufficient it is to say that
I go so far as to be in favor of calling a
convention and a modification of our
existing constitution so that the funds in
the treasury may be applied to the build-
ing of railroads. And then with a
constitution thus amended and an over
flowing treasury together with a public
domain of one hundred million acres to
base our operations upon we have the
means to carry on a system of railroad?
more magnificent and grand in construc-
tion than has ever been conceived or
carried into practical operation by the
genius of man. The stato will be ena-
bled to make advantageous loans by
mortgaging hor public lands; and by sec-
tionizing this domain and bringing it into
the market she will be able to anticipate
her liabilities and to offer a premium for
her indebtedness making her credit
abroad as good as that of the General
Government. She has already paid off
her revolutionary debt in a manner more
honorable than the United States govern-
ment paid off her revolutionary debt
and thereby securing the reputation of
being an honorable state-debt-paying
people. With this fond prospect before
us is ic not apparent wnat great au van-
tages may be realised by tho' state at
large if our constitution is amended so
vote of our own Stato with that of Lou-
isiana and we will find that Texas feeble
as she is casts a larger vote than docB
tho State of Louisiana even with the
city of New Orleans the greatest city of
tho South. Then pit- aro we called
upon to build up Louisiana and the proud
city of the South to the prejudice of our
own State because v'e have not sufficient
confidence in ourselves to call a conven
tion and amend our constitution ? Most
certainly not and I believe when this
question is submitted to the people to be
determined at the ballot-box they will
demand this amendment in our constitu-
tion. But to come back to the resolution.
What docs it propose ? It proposes to
appropriate the School fund now in the
Treasury to the several counties accord
ing to free white population then it is to
bo loaned to railroad companies and se-
cured by mortgage on real estate. Then
hero comes the objectionable feature in
the resolution; it is to be appropriated
to educational purposes and whatever
vcntion or
they would say this thing of changing
our stato constitution is a delicate sub-
ject and it should be very maturely
considered before any action is had. And
when this question would bo canvassed
by tho honest yeomanry of the land they
would enquire who aro to make these
changes ? Why there is General Rusk
General Houston and our follow-senator
from Grimes (Mr. Grimes) who labored to
frame the present constitution of our
state.
Mr. GRIMES (interrupting) There
are not many of them now living.
Mr. FLANAGAN : No sir there aro
not so many of them now for some I
trust have gone homo to glory. And
besides these old and well-tried patriots
many bright stars and promising lights
have risen up who aro well prepared to
engage in the work of revision ; and I
believe with the experience of tho past
the increased intelligence and wisdom
that might bo brought together in a con-
vention of this kind an unobjectionable
constitution might be obtained just such
a one as our circumstances demand. I
don't think tho arguments presented in
favor of this convention can be success-
fully refuted or gainsaid ; and I propheBy
as to make the funds of the state availa
able.
It will be recollected by every member
of the Senate that during the session of
1851-2 there was a gentleman from the
city of New Orleans looking at Texas
lands with a view to having a charter
passed by our state legislature providing
for the constrction of a railroad from
New Orleans to El Paso and to the Paci-
fic ocean. Now what arc the facts in
relation to the Stato of Louisiana ? She
was similarly situated to the State of
Texas ; she had a constitution like ours
which did not authorize the use of the
public fund for the purposes of internal
improvement. They Baid however they
would change this clause in their consti-
tution. They did so and what have been
the gratifying conseqences to the citizens
of Louisiana' Thoy are building a road
running up to the borders of our state
and we hope it will be completed at an
early day. At the time of changing tho
constitution of Louisiana an appropria-
tion of $750000 was made for the build
ing of the Vicksburg to Shreveport road
on our eastern border. A large amount
was subscribed by individuals and re-
cently Congress donated six sections of
land to the mile for the benefit of that
road. Therefore this road is no loncer
a matter of speculation ; it will soon be
completed and it is being continued into
our own state to the town of Marshall
in Harrison count)'. There sir they
have tho means to build tho road and the
capitalists to back them. The United
States government has nobly responded
to iheir call and the road has become a
fixed fact a reality.
Then what has Texas been doing to
facilitate the construction of Railroads?
Is it required that she should remain si-
lent and inactive and to be denied tho
right to make use of her public domain
in the construction of facilities for trans
portation.' Shall we appropriate over
one hundred millions of public domain to
railroad corporations and receive no
benefit from such an appropriation?
And by tho way I will remark I am
not disposed to condemn that policy. I
speak fearlessly on this subject and in
the failure to secure the most favorable
temporary disposition is made of it must
bo to subserve these purposes. An ex-
amination of the premises will lead us to
see whether this disposition of this fund
is proper and necessary. I hold ltiis not.
We have a precedent of high authority
in the action of the General Government.
I think in 183b' the Congress of the
United States the Representatives of the
various States of tho Union just as we
roprcsent the several counties of the
State come to the conclusion to make a
distribution of fcllo .funds r of the United.
States Treasury among the several States
or the Union. They iound in the Areas
ury millions of dollars more than was
necessary to meet the liabilities of the
Government. A bill was introduced into
Congress for this purpose. Tho subject
may be illustrated by a figure of this
kind. A fond parent having many fond
sons and daughters if you please as
Uncle Sam has about thirty I think.
They aro young and prosperous having
a mighty fortune of lands and money.
The fond parent living in their midst and
cherishing for each and all the fondest
affection they petition their loved father
for a slight distribution of his vast abun-
dance you have a superabundance your
revenue is ample. Well Uncle Sam
heard their petition as he always does
with patience and forbearance and after
looking into it found there was merit in
the proposition and he accorded it to
them. The division was accordingly
made and that son or daughter must
have boon prodigal indeed who could not
prosper under so lavish a parental affec-
tion and I havo never known any injury
or evil to grow out of that distribution of
tho national treasury. Tben sir what
may 1 ask on the other side of the ques-
tion. Uncle Sam has not suffered any
injury from his liberal distribution of his
fund among tho several States of tho
Union ; but on 'the contrary he haB ac
quired millions upon millions of acres of
public domain. Look to tho golden
shores of California how came tho Gen-
eral Government in pooftotsfjion of thorn?
True wo came in possession of them by
right of conquest but wo had at the
samo timo millions of dollars in the
Treasury with which to have purchased
this golden world. Ho has been con-
stantly acquiring territory and paying
out her millions of dollars for it. He
paid over to our own Stato of Texas ten
millions of dollars for territory within the
border of our State agreeably to tho let-
ter of tho contract. Then sir when wo
thus illustrate tho resolution before us it
does not seorn so visionary. Wo have
the highest authority in tho Union for
tho course we aro about to pursue in tho
winch arises here is to whom does tho
public fund of tho State belong? It be-
longs to tho sovereigns the people to be
applied to educational purposes; then
sir if you have any doubts" qs lo tho dis-
position of this money can 'ybu' better
acquit yourselves tlnin to 'return it to
thoso to whom it belongs. Then what
turtnor can be said on this subject? It
nmy bo Baid that I am visionary ; well
let it bo so for me I can say there in-
substantial utility in tho preposition. 1
8n7&iS!& of clotn eiin be woven from the.
consideration of 'thi" argument. The
money in accordance withthis resolution
can be properly guarded" by tho various
counties of tho State. It will bo recol-
lected that a bill is now ponding before
the Legislature to authorize the counties
of the State" to vote a ta for tho purpose
of building railroads. Very woll if thov
sco proper they can vote that tax and
if they do so they cannot object at all
to the onerous operation of tho law be-
cause it is their own act. This is the
filling of tho web which T am about to
weave. Well what is next? It is very
well known thoro is a law already in ex-
istence to give corporato companies six-
teen sections of land to tho milo ; now one
thread is the private division under this res-
olution ; one thread is tho county tax ; one
thread is the sixteen sections of land to
the mile ; one thread private subscription ;
and then there is tho fifth thread which
woulcl bo sufficient of itself and that is
capitalists will be ready to make loans
to theso corporato companies whenever
the demand is made upon them for thoy
are far seeing men men of superior intel-
ligence and indeed capital never remains
long with any other kind of men. When
you come to a capitalist and say sir here
are chances to pay? wc have got a charter
authorizing and granting to our corpora-
tion to construct this road we have a
donation from tho State Legislature of
sixteen sections to the mile and the loan
of the school fund. Why sir ho would
grasp at the prospect with delight and
exclaim "how much do vou want?"
There would be no difficulty in making u.
loan and upon the most advantageous
terms. Gentlemen may say thiB is all
visionary. Bo it so it is not visionary
to my mind. Then I propose this mighty
web you sec I have woven one yard of
it in this grand enterprise. A road iV
already chartered from Vicksburg to
the State line and is rapidly being con-
structed by liberal State aid from Lou-
isiana capitalists and the general gov-
ernment by a donation of six sections of
land to tho milo then sir this is a fixed
fact this road will bo built nay sir thoy
are likely to push it forward to Marshall
in Harrison county and thence on to the
Pacific and sir I can take the amount
that Rusk county will receive under thin
resolution the sixteen sections the county
tax private subscriptions and a loan for
the balance and ask no odds in positively
building a road from Henderson to the
Stato line on our eastern border cither
in Harrison county or in Panola to suit
cither contingency to intersect with tin?
Vicksburg or tho Oppelousas road ; well
it cannot be misunderstood this plan of
weaving will do for these corporation-
will not at any time require largo loan?
and there will be no constitutional bar-
riers as is found in the State proposition
and if in the uniting and succeeding of
somo few counties the policy is demon-
strated; then sir my word for it all the
counties of the Stato can go on and
weave ono mighty web that wifi cover the
whole State wo could begin another or
ono of the first webs at Galveston and
try and malco ct her a great city in our
own State. I will give my vote most
cordially for that object. I shall ever
take pleasure to vote for sustaining a
proud commercial city in tho State of
Texas sooner than any whoro else. My
wholo heart is enlisted with tho interest's
of the State of Texas. I can say as much
for tho distinguished Senator from Hous-
ton (Mr. Palmer.) J am now merely
throwing out some general remarks on
these subjects upon the collateral ques-
tions that como moro or less into the
consideration of the subjects embraced in
tho resoulution. It is expected Mr.
President thjit tho present Legislature?
distribution of this fund in tho action ofLwill determine finally upon some plan of
the General Government a government
which does not havo a superior on tho
faco of the globe. Then the question
Stato policy in regard to tho subject of
internal improvements. What plan i
the best should bo the interrogatory if
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Tri-Weekly State Times (Austin, Tex.), Vol. 1, No. 3, Ed. 1, Wednesday, July 23, 1856, newspaper, July 23, 1856; (https://texashistory.unt.edu/ark:/67531/metapth78456/m1/1/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.