The Texas State Times (Austin, Tex.), Vol. 3, No. 35, Ed. 1 Saturday, August 9, 1856 Page: 1 of 4
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CITY OF AUSTIN. TEXAS SATURDAY, AUGUST 9, 1850.
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g ing, but if it is-intended to legalise the
! sale that is generafly'underet'ood to have
(keen made tfl? tb*ish rlsr to a company
.- — -T-c- —| organised under- the laws of1" another
Mr. President;, His Excellency1 is mista-
ken in regard to "the s^ile of this charter.
Tspenk positively bn this sul$&t, becauise
I have a knowledge 01im iK fransac-
tions of this company, and I" Itnfw ko
tithh sale was ever made. It Is true, sirj
ors. «o ■
DEBATES IN TB^SESTATE.
w. iteportd^;^ J
,*?** s«W 8w tji "t'iv sas'et tlbt *•'?
texas westebn railroad.
After fi
J of the moaning hour
;ched,.the Senate, pro-
■mp of-the special
i of the Executive
■on a bill to amend the caption and the
first a^lufteentb sections of an act to in-
corporate:- >the Texas Western Railroad
Company^ MpfHKill Feb. -W>tb, 1866.
Mr. §QOTT,gf Harrison, sauK^The
•bill now pending before the Senate none
J bad the%«riyr fb introduce mlhe'^arlv
part of*j^3s session, Just winter, to ajjend
the Texas Western Railroad charts-.—
Tborea dons prompting J;ffe company. to
to this Senate at
the time it ins before this body last "win-
ter ; m,
er to return if to tne Legislature for re-
consideration, together ' with Ws- objec-
tions thereto, ft?Will be necessary for. me
to recajajJ^temuch that was said on that
oecasion,in order to refute these ohjec-
the Bxeentivf, and to pftfc<!' the
'JtSL^OpetJjgbi bfifore this
th.il during the pendency of the Missis-
sippi and Pacific Railroad charter, this
company did agree to hold up their char-
ter for a tfme, wiflTth'e expectation that
that company won#dH)UTld the rdsid. Aflf
we desired wa3a railroad; and if -this
Pacific. Railroad company would build it,
our object would be accomplished. "It
was with expectation that the.Mississip-
pi and Pacific Railroad company would
build, the ren.d,that.iwe agreed to with-
hold our charter. As soon as we became
Railroad company wouldnot builfC Wfc
proceeded to organize a company .under
the charter now proposed to be amended,
t#procuJ«p the SHibsot-iptiontjf stock, make
assfcsmenta,' andconrmentte! operations
on the road at otiee*. DpHr4t^tBs past
charge, nor can any be furnished, for no , iron now awaiting shipment at New Or-
sveh sale hat ever been made. : leans cannot be transported to this road
In connection with this suhject, permit except at a great loss to this Company,"
me to read an i^xtract tikan from the of some $30,000 or §40,000. The ques-
Harrison Flag," published at Marshall, tion then, occurs, is there anything in this
in Harrison county, July 5th, lf-aB : | amendatory act that is calculated to op-
u As to the vilifiers and wholesale slan- j erate to the injury of the State, or to any
dera of the present company who denounce portion of the citizens of the State?—
the road'as a moonshine affair, they sim-1 Certainly not. On the contrary, it is a
ply render themselves ridiculous to all who \ question of time only, whether this com-
know and see what we daily see. What I pany shall be required to lay down the
sort of moonshine about the Messrs. iron of the first section of ten miles by
Brcwns who are here with a large number . the lbth of February 1857, or the 16tn
of -hands prosecuting a contract, and, day of February 1858. Then, sir, if
those whom the world never saw men bet- ! this is only a question of time, can we
te^ calculated. Any moonshine about in justice to that company, and in justice
the htpdreds of barrels of pork they im- j. to the people of that portion of the State,
port? the beeves and mutton they pay for ■ refuse to grant tlicm this relief? Can
and slaughter, and which are consumed j we refuse this small favor to the only
by their hands upon ths road. Not much I company East of the Trinity river, which
moonshine in all that,—it takes money to has done any work at all? And Sena-
MJM1H.U *5
f.«cai{ 'it. -, idr -a"I
■meodment proposes to change
the name of tWs company from T&cas
Wfthro pRailroad company, ifv-that of
S^Btttera Pacific Raiiroad company. To
wpeadment, however, the Executive
* ^0,ol^stiLion^ -T1m?second section
that
proposes Unit tJiis
snail be relieved from the duty
of'Wn j tn§ ten miles of iron,
!^r 'thfe" e5t:sting ehsittef is re-
U fa dttteby tWlflth Feb., 1857
tc fhe 16tb Feb., 1858. The Ttftsons
ft*- a kingthifr^xten->ion of tinKf forlay-
m^denrn the iron of the road are these:
At the time the charter was granted to
Ifeip company, and -at the time of this
company'seoauqencii;g operations« n this
~ £ 4. pec ted that they wouldjbc
|ce connection with the Louisi-
k«l'at the Eastern boundary of
i,w!uch was then in course of con-
a^d without said connection
we could not gti'the iron for our road
trithbnt hatflk^i^fadand for a consider-
iWfc Hlfeta^e, iifhrr at large expense.—
HskKsthis requirement of the charter mc
tgtnawd, tlus oorapany will be compelled
ta f^cftita portiiHi of the benefits of the
r®/' ^c fi^r^ed to an expense of near,
f rty thousand dollars in transporting the
iton F>r the first section of ten miles of
ro«d in order to save the rights of tfte
charter. liie cpmpany believe tbat'such
relief will*notl&ult. in/any injury to the
the srtf,e-
a ranroail here woulii lie
if comjdetaK unlets " It
^ jLWUIL
^arf^ole
TfaiS work no lferdsldj
on any partyjNtoat wHl bo a great relief
to, t^csompany. in, enabling them tocom-
"bet re*jnij-iou3 of the charier*
jre1j|iin jli the privileges and
Denents of the existing or original char-
ter. ft seems* to me, Mr. President, it
ahoultf btf tfhe policy of this State to deal
wTth*as lilBfcfrffcrtitt aspo-s'ble, with those
oompanies whi> are making every cxer^
tion ih tfefr-power to construct railroads
in this Stilts; a?id more especially when
duch a eonrsto af act'on or relief will re-
sult : in tho promotion of the interests of
the people. . ^11 that the second amend-
ment requires js that the company shall;,
be relieved from laying down the iron of
-fhe Ifrst section of ten mile3 within the
time fixed in the charter. It asks for no
otk*^,^ek//jhfi^'company is still re-
<S#edf#,,^9 TBish ,the ^rossties, do the
— necessary to
_ am assured by tbie C3i cf Engineer oC
tho^ioad, that tW grading, will be done
and the crosetie^ kiid dova_ by the time
recjuired in the charter, the 16th day «of
Feb.,- 1J<57; ^AlhJwa ask, fttow is^bat
we be relieved from tho^duty Of laying
down the iron: ''of the ' - secti(rt
until we dsn lifake ctlnneetion Vith the*
western termibtis of lHi; tbnistiffii i4r nd.
'litis relief will not *«ck- an\ hardship
upon any party? 4 It will relieve the com^
pany of the feecessity ef paying otit^sdme
is made,^
our
the LOni^iha road ^
would be, worthless: I trust this Senate
wilf see proper *tW pa#f!fra biflf W^iid
this company which has 'struggled long
and'faithfully to construct a roiid, and,it
-teemsto me . it should he ill^w'lliry ;bf
this State to grant relief to a'lroa l com-
panies, where such companies are making
every effort, .in their power to comply
with the conditions of their charter.
As to the charge of the Executive that
th's company is composed of; foreigners,
who are endeavoring to speculate Upon
the citrafens of Texas, f hav&only to add
that q tite the contrary is the case. I
have already said tHat a majority of the
directors are resident citizens^of Texas,
the sobscriptioh t^vcdiS are opened in our
State, cittt^hs of'the Stste are sub«crib-
itig stock <o'this H ad, Und if th^re is nny!
specnlatfoii in if, fhe people, of this State
will be the recipients of its benefits.
Mr. LOTTof Smith, said: Mr. Pres-
ident,^ lutd purposed making some re-
marks in reply to the objections of * the
Executive to the bill amending the char-
ter of the Texas ^Western* Railroad com-
pany as expressed in the teto message
now before the Senate; bat ' the hxeld,
•.of the:
^enator 1 liiih-ismTT* tjTiiis'
so successfully71 efuted the arguments and
objections of the Governor, mat any ob-
servations of mine would be almost a work
1-uy;^
The people in that section of Hie coun-
try, so far as 1 know and believe, have
the most entire confidence- in the integri-
ty of tfeis company. They have come
forward and freely subscribed stock to this
road'to the extent of their ability. _ Sir,
I knogr fhe ability, the intelligence and
patriotism of the people of Harrison
county; 1 know that with their practical
information and financial ability, they
could never be induced ta subscribe to
ai^y such fraudulent railroad cdmpany,
|as repfresented in this message. No, sir,
they wtrald not do it.
^n&ther objection urged by the Exec-
utive, is that a majority of the directors
ofc this Company reside beyond the limits
of the State, and the domicil of the com-
pany is also -hnwttd 'out T>f"the State of
T&xas.^^Ndw sir, if the Governor had
investigated this subject, he would have
;knowrfthat*the fiisf article of theby-Iatfs
of this company provides expressly that
a majority"of the directors shall be tesi-
dent citizens of Texas, and that the office
of said company shall be located in this
Siate. As fo^what the Executive means
by controlling membei s of this company,
I-.jim unable to ascertain. He must
mean of course that the citizens who stake
in tliis road are either numbskulls, or are
controlled by a few non-residrnts of the
State.And if he believed the citizens
of Harrisoft county have r.ot sufficient
intelligence, and financial ability, and
good business talent to manage their own
busihess affaufe, then I say, perhaps there
migiit be some grounds for the objection
of his Excellency.
I find upon examination of the journals
of the Legislature, that the charter of
the Texas Western Railroad company
passed at the session in 1852. It
was introduced at an early period of the
session, investigated by two different com-
mittees, and on its final passage there
was!not sufficient ebjection to it to make
it necessary to call, the aves and noes.—
In fact it was passed by both Houses of
the Legislature, unanimously, and was
sanctioned by tlie then Executive. Jn
the opinion of that Executive at the time,
it was considered necessary to the devel-
opment of the natural resources of our
State. •„ What has caused his sudden and
gfeat change of opinion in the public mind
rwhieh b
_ noad, except the
e iron until
ww0
+l th
laying down of tne iron until they can
have opportunity to make connection with
the Louisiana road, which is now in pro-
ceas of contraction, and in all probabil-
ity will be finished to the State line in
question now about to be determined, I
feel that I would do ma iked injustice to
them, and violence, to my own fetlings,
were I to remain ia my seat silent on this
occasion. : ,s , a ii;: .".i;,:: > t .<
5 Mr. President, ass a Senator on this
floor, acting in my official capacity, I am
willing to award to the Executive in the
spirit which dictated this message, integ-
rity, honesty of purpose, and a laudable
desire to promote the interests of the
State at large ; and while I am willing
j to say. this much for the Executive, I
think that I, as a Senator, am entitled
to equal honesty of purpose, integrity,
an(l: disinterestedness in the views I may
entertain on the measures of State policy
in relation to the subject of internal im-
provements. There is^ however, I must
confess, a very material d fference between
us. I am h favor of constructing rail-
roods for the purpose of developing the
time for our company to complete their nutuJj'1 reson^ of the State of afford-
first* section j)f ten miles previous to the ithe ,r^,i:81te ff,1",C8 of tra fP°rta-
16th Fe^.; l85if. The second section of tl"n an(1 tra'{^ "nd of securing all those
the charter was amended in the House of la,lvanta«estothe P< Me which an effi-,
porfunity to veto a m«i«ure winch bnt
few years ago received the unqualified np-
pro\ al ? Are not the interests and wants
tfie same now as they were then? And
is not a policy of State improvements
good ; nd necessary then, still essential to
a proper development of our resources ?
Then why this veto message ?
i 3'he Governor iadiis message makes al-
tors should here bear in mind that this ia
the only road in the East that has ap-
plied to this Legislature for relief; tfeafc
we have assembled here at' this adjourned
session, esj e^ialiy to determine upon a
system of internal improvements; that
the crisis haa jyrived when it is necessary
that the future policy of the State should
be finally settled in relation to this- im-
portant matter. And here we have the
Executive veto on the only road Ea3t of
the Trinity river which has made appli-
cation to this session of the Legislature
for rolief for an extension of time, in
which they can connect with the Western
terminus of the Louisiana road. I am in
favor of the exercise of the veto power,
but it should be exercised with due dis-
cretion, without which its tendency will
be to subvert the great principles of law
and order which lie at the foundations of
our institutions. The Loan Bill has al-
most passed, and we have virtually de-
termined upon the loaning policy, and in
view of all these things we have now the
veto of the Executive refusing that favor
to the East, which 1 as an humble Sen-
ator have cordially awarded to the West;
and I am constrained to believe that this
thing has been dune to carry out one
grand, tremendous controlling idea which
has long been entertained by certain gen-
tlemen in high official places. Let me
illustrate. Not many months since, a
document came into my possession from
an unknown MMtrce; it was a large com-
manding sheet representing the State of
Texas, with black lines, sorm thing
in the shape of the rainbow surrounding
the Gulf of Mexico. It was a beautiful
map; and I recollect that the thought
came up in my mind, perhaps there might
be some controlling men in the State who
were endeavoring in this way to advocate"
a' peculiar, a dangerous policy to be
adopted by the State in relation to the
subject of internal improvements. And
1 recollect, too, while admiring this mag-
nificent sheet with its heavy lines of black
and blue, an impression of my bojhood
days came up in my mind. Once wnen
1 was quite a small boy, returning from
Sunday school one afternoon, the sky
was overcast and dark portentous clouds
rolled up in the distance, the whole canopy
ot heaven was obscured and every thing be-
tokened the approach of a violent storm.
The, "♦'"•try tei^d _awny entLa- -heajiiifi
rainbow .appeared. The preacher Hai
spokeh of Heaven, and in the fervor of
of my youthful vision, I thought the rain-
bow represented the Jordan over which
he had to pass, and that the broad Gulf
which was encompassvd by this magnifi-
cent rainbow wa3 Heaven. I then Iqoked
to the East, to the West, over the length
and breadth of our glorious State, and I
money to each and every county, to be
placed undei the control of the County
Court, and from indications when that
resolution was under discussion, I am
forced to the conclusion that the State
system men, and all that are opposed to
the construction of railroads, will most
heartily support it. Well, Senators,
what are the objects sought to be accom-
plished ? first, a fusion of all against the
loaning policy, and secondly, a wrangling
amongst the friends of t^e loaning policy
in relation to those vetoes. Now, sir, if
that be their object, I hope to be able to
disappoint them, and tell those gentle-
men that if the veto of his Excellency is
sustained, and the prospect of our rail-
road blasted, still, as I have always done,
since I have had the honor of a seat upon
this floor, I act from principle and no
sectional controversy here, can drive me
SH
privileged, no^ripht^nndcr tliefi I e p0]fCy 0f loaning the funds of the State j and odium that has
in th«*SMaem -f£ind Omce as a dmgna- i;f_ f Li ^ : „
tiott of the location of our road. It cuts
ted to it. It goes further, sir, and pro-
vides tb§t if this ,bill becomes the law,
tl}a£ the company shall comply with all
the req ii.emL-nts of the lailroad law
passed by the Legislature in 185;'>. Tits
friends of t^e bill have agreed to these
amendments, and if this bill passes, will
be binding upon us. These amendments
■ ^ffnwri the strongest objections
• -r .i . r*
lusion to certain peculiar privileges con-1 thought that my children and grand-chil-
ferred upon this company, and among; dren would have a hard road to travel
others, memtions that they were allowed ] before they passed thi3 Jordan—this
tolbcate tlieir lands three miles on each j great controlling idea which is the pre-
side of the road, and presents this pecul-; vailing sentiment of this people. They
iar laivor as a further objection to grant-' are willing to advocate any policy for the
ing the privileges asked in this bill. Now, j building of railroads, provided they ter-
Mr. President, the policy of allowing this t minate at Galveston. They wish to build
company to locate their donation lands | that city with its beautiful bays, its har-
adjacent to the line of the road, was ful-1 bors and rivers, at the expense of the
ly, fairly, and thoroughly investigated by | true interests and welfare of the State at
the Legislature in 1852, and it was decid- j large. It has been this grand controlling
ed^by the Legislature at that time, such ! idea that has b'een the hidden cause of
a policy would promote the best interests ' this Executive veto. We have the true
of the State. It wis this policy that! cause shadowed forth in that message
built up the great Central Railroad in I itself; aiid the only road in the East that
Illinois. This is now the policy of the has presumed to ask this Legislature for
United States Government and it has' relief, and that request has been denied
betn fiwpd, in every instance, to be sound by the Executive of our State. But sir,
and just, policy. j the time will come, when our Govern-
Well, sir, what has been the conse- ment will be administered in its original
qucnee or result of this system of inter- ! purity and integrity. Senators m«y ad-
nal improvements in this State ? Two, vocate the State system, the loaning sys-
the Pacific Railroad charter j tem, or any system they may think con-
and the Governor laboi-s to ■ ducivc to the best interests of the State.
And I shall not censure them for so
doing. But the people of the East have
rights on this floor; and in justice to
them, the rights should be freely and
generously accorded to them.
Mr. President, I have no feeling against
Galveston; on the contrary. I should feel
proud to
ton county,
On motion of Mr. Burroughs, the rule
was suspended, bill read and passed to a
third reading.
On motion of Mr. Guinn, the rule was
further suspended, bill read a third time
and passed.
Mr. Hill, from the committee on Pri-
vate Land Claims No. 1, reported favor-
ably on a bill for the relief of the heirs of
James M. Bell, dee'd., and a bill for the
relief of Jamos A. York. ... -
Mr. Hill, chairman of committee on
Claims and Accounts; reported favorably
on a bill for the relief of the heirs of J.
A. E. Fhelps.
Mr. Guinn, chai.man of committee on
from that position. If I fall here, and am i Engrossed Bills, reported correctly en-
defeated,* and the interest of my people ! grossed, a bill to incorporate Gottzales
'and country 6veriooked as they certainly j Lodge of the I. 0.0 F.; a bill to iacor-
w;ill be, if the veto of his Excellency is j porato the Neches River-Causeway Com-
sustained, i still look to the future pros- j pany; a bill fixing the compensation for
pects* of my adopted State, the develop- j saving cotton found in any of the waters
meat of hor roaaarces^ tha future of .iariof th foil %
.renown; the glories of the -past, would Lieu?. M. Hitchcock; a bill for the relief
never permit me to cast a vote subverting I of Wm. Perry Moore; a bill for the relief
the expressed wishes of the people, be- I of Margaret Culbutson; a bill for the re-
1 cannot succeed in my own road. | lief of Eli Hart; a bill for the relief of
F. A. dc los Rios; a bill for the relief of
Mr. Supervielle, chairman of commit- J On "motion of Mr. Caldwell, the call of
tee on Counties and County Boundaries, Se late was then suspended.
reported favorably on a bill to make the A message was received from the Ilouae
town of Newton the county seat of New- informing the Senate that the House con-
cause i cannot succeed m my own road,
thereby defeat a policy that will make my
State a bulwark in war, a mighty army
for the constitution of the Union and the
rights of the South.
Mr. President, as I have not the reso-
lution before me, proposing to distribute
the money to each and every county, and
as it is not legitimately before the Sen-
Ate, I shall itot attempt to di3cns3 the
disastrous consequences that must result
from the adoptiou of that policy. Show
me your plan Senators; let us investigate
tt; if it is a good one it can stand inves-
tigation, if not, it ought not to be adopted.
—Weigh well the matter—it is worthy
your serious consideration. A false step
|iow taken will take years to euro. I
■pannot adopt it, I cannot sanction it, I j
cannot believe it would build one mile of!
road in the State. I must sav, I
Powhattan Archer; a bill for the relief of
the heirs of Mary Smith, dee'd.; a bill
for the relief of G. W. L. Haynes; a bill
for the relief of the heirs and assigns of
John B. Webb; a bill to authorise the
county court clerk of Houston county to
transcribe the mark and brand book, &c.,
and a bill to amend the Galveston, Hous-
ton and Henderson Railroad Company's
charter.
Bills and Resolutions Introduced.
By Mr. Grimes—A bill for the relief
of those single men who were in the bat-
tle of San Jacinto and other battles in
1885 and 183(5, and who have eince mar-
ried; read first and second timcB and re-
ferred to committee on Public Lands.
On motion of Mr. McCuIloch, a b; 1 for
, . . , . . b W!M1! the relief of Jas. Rogers was taken from
greatly surprised at he introduction of j th tab](J and road t£e m wafi then re.
Ithe resolution, and still more so at tne ; :ecte(|
zeal manifested by the Senator -
great zeal manifested by
from Cass and Hopkins, in supporting this
resolutior. I again say, that I am sur-
prised, that Senators professing to be in
favor of the construction of railroads, and
yet, with so much warmth and zeal, that
must, that will, for a time, blast the
prospect of the construction of a single
railroad from the available means that we
now have, or gentlemen are you studying ?
If you are not, I am; I am like the poor
Irishman who had just landed upon our
In walking the streets of some
By Mr. Truit—A bill to prevent the
killing of hogs running r.t large; read
first ami second times and referred to com
inittee on the Judiciary; also, a bill for
the relief of James Lathan, jr.; read first
and second times and referred to commit-
tee on Private Land Claims No. 1.
By Mr. Potter—A bill granting certain
real estate to the city of Austin; read
first and .second times and referred to
committee on Public Buildings.
By Mr. Weatherford—A bill to legal-
ize a certain colony certificate; read first
times and referred to com-
curred in the Senate's amendments to a
bill to locate permanently the county
seat of Newton county; and also, to a Iw
making appropriations for the per diem
pay and mileage of the members and the
per diem pay of the officers of the ad-
journed session of the sixth Legislature;
and that the House had passed the fol-
lowing Senate bills: a bill to amend the
charter of the Galveston, Houston and
Henderson Railroad Company; a bill to
incorporate the Austin CityJBridge Com-
pany; a bill to incorporate PayneFenale
Institute, with amendments, and a bill to
provide for the investment of the special
school fund in the bonds of the railroad
companies incorporated by the State,
with amendments. ,,
On motion of Mr. Palmer, the last
named bill (commonly known as the loan
bill) was taken up and made the special
order for to-morrow, at 9 o'clock.
The Senate then adjourned until to-
at 8 g'clock.
^ *
WsteESDAY, July 23,1856.
The' Senate met; roll callcd; quorum
present. "T
Petitions and Memorials Presented.
By Mr. Hill—Of W. E. Howeth; rc-.
ferred to committee on Private Land
Claims No. 2.
Reports from Standing, Committee*.
Mr. Potter, chairman of committee on
the Judiciary, reported £ vorably on a
bill to incorporate the Chappel Ilill In-
stitute; also, favorably on a bill to amend
an act to change the tith and 9th judicial
districts.
Mr. Flanagan, from tho same commit-
tee, reported favorably on a bill to pre-
vent the killing of hogs running at large,
save in certaia cases: made the special
o der for Friday, the 25th inst., at 1U
o'cloek. .
Mr. Hill, from the Committee on Pri-
vate Land Claims No. 1, reported favor
ably on the petition of J. C. Miller, and
a bill for the relief of the heirs of Chris-
topher Miller.
Mr. Ilill, ch:irman of committee on
Claims and Accounts, reported unfavor-
ably on the petition of J. H. Brown.
and relative
same.
to the reserve under the
^r* Potter, chairman of the Judicial
7
.ill
snores,
s&f our eastern cities, looking somewhat j ^({^s^coimi
amazed and astonished at the beautiful! • ' ~ t j
r. , ~ , , ,, . , imttee on Public L:>.nas.
signs and figures that he beheld, in wend- , B Mp Allen_A m t0 disposc of tbe
,ng his way along the streets and finally ;pub|ie land9 ^ a<j pacifie> railroad
his attention was attracted by a certain,j regc|.vati rCiul firgt and times
somewhat different sign, he approached d ref ^ coinmittce on Pirbl;c
.and looked up quite amazed, the sign was
a calf's tail sticking out of a small augur
hole—upon his near approach he was ac-
costed by the proprietor; " Sir, what can
Iseli you to-day?" the Irishman said
look at boots, sir?" No, replies the
Irishman, " I was studying and trying to
charter of the Texas West-
company with the prejudice
been heaped u{ on
' to encourage and facilitate the construe- j that company. This i3 iha only object
-- r . , . • ,,j tion of railroads, provided, this can be ! he could have had in view in bringinir up
r " " I.•• ® ..l-'tho properly secured by mortgage on roads thjs Pacjfic Railroad charter in eonnec-
nw. nfin -i a vr" ° . ■ receiving such aid. The Governor, how- j tion with that now under consideration.
gen** .vuWl law- Wo have subnut-, ^ ^ ^ j a|„ ?We t0 Warn, is not! Npw;;sir> wf,y bring up this road, this
in favor of constructing railroads, unless moonshine charter, that liv has done much
it can be done in a certain manner. In
this, then, consists h~* difference between
the Executive and myself, so far as the
building of railroads is concerned.
1 am vein' well aware, Mr. President,
that anything 1 ean say on this occasion
will not influence the action of the Sen-
ate ; for the subject has been thoroughly
_ _ r _ f - :7 •—-T - — ■ " '
fixiajr thft- domicil of the company in
understand how that calf jumped through
that augur hole!"
Just so, Mr. President, I am studying
to find out how they are going to build
railroads by killing oft, or in other words,
sustaining bis Excellency in imposing
onerous restrictions and burdens upon
railroads, that has any prospect of suc-
cess. The only inference that can be
drawn from the veto of His Excellency,
is, that the restrictions, burdens and ob-
stacles, must be proportional to the pros-
pect of success—if good under the loan-
ing policy, "a little more grape Capt.
®ragg-" " Lay on McDuff, we'll get um
after a while." Senators come up to taw
Lands. ;. v 1-. %
By Mr. Taylor of C.—A resolution.
Resehed, That the Judiciary committee
take into consideration the ^assago of a
bill so altering the statute
adopted.
A message was received from the House
that the House had passed a Senate bill
for the relief of the heirs of W. Wats> n;
also, a bill originating in the House, to
consolidate the Texas Monumental Com-
mittee, Military Iustitute and Rutersville
College.
Orders of the Day.
A bill to incorporate the San Antonio
River Navigation Company, &e.; read
and laid on the table.
A bill to amend an act to*fix the sala-
ries of the judges, &c.; Mr. Taylor of C.
offered a substitute—lost; and the bill
passed.
A bill for the relief of tbe creditors and
colonists of the German emigration com-
the bill was made the special order for to-
morrow morning, at 9 o'clock.
The Senate then adjourned until to-
morrow morning, at 8 o'clock.
r, . , AU - .j. pany, &c.; made ttic special oraer for to-
upon your Country s Altar, that if vou •" , , c t, ,
eJ .. dav; read, and on motion of Mr. Palmer,
cannot get your favorite road, you have
higher and nobler objects to accomplish
than to join in a warfare and fuse with
those that are opposed to the loaning
policy—let us be united, stand together,
we will be as a wall of adamant, against
which his veto will fall, never to be heard
of, except a faint echo that may come up
from away down through the misty dis-
tance, from the shores of Galveston.
In conclusion, I must be permitted to
say I attribute no motive to His Excel-
lency, save that in promoting the interest
Tuesday, July 2-2, 1856.
The Senate met; roll called; quorum
present.
Reports from Standing Committees.
Sir. Flanagan, chairman of committee
on Internal Improvements, reported fa-
vorably upon a bill to amend the Texas
of his country. I too, though humble, i Western Railroad Company, and recom-
claim to have the same motives, and hope mended that it pass, the Governor's veto
the Senate will not sustain the veto. •
After some further desultory remarks,
to the contrary notwithstanding,
Mr. Russell, from the committee on
to construct.
Now, Nr. President, I would call the
attention of tbe Senate to the fact that
the people of the Eastern portion of the
State are without the facilities of trans-
pOrt:rt:on ; they cann it carry their p o-
dtce to market, nor csn they import the
ml veto,"that of aUV' ^ouiyect Has been thoroughly npce^ams of lifef.ou. tlie .act that Red
Afrl&ioil of the companv iu and ably investigated by every member IW.has not ken in a navrgable condi-
Texi. There ^another objection of his °n th,s f!)oor(- ^Revolves upon me m tion but a short penod, uunng the last
Excollencv Xt d* having t majority of ,hc rcn,:!, ks j sh:l" sub.mrt> ex.an*'ne Uelve months-
cixcouenuv, tuiii. ui 0 rvj' t the arguments and positions taken by the
see my State have a commercial practica.ble
.■mponum of her own, yea a commercial
city that would be the key to unlock and J
open wide the door for the reception of
products of the State. I should bo de-
lighted to see all our coast improved, that
is susceptible of improvement; a rail-
road, if you please, terminating at every
harbor upon the coast, but whilst I should
feel gratified to see all this, I am unwill-
ing to do it at the expense of the State,
the bill together with the Executive mes- i Private Land Claims No. 2, reported un-
sage, was referred to the committee on i favorably upon tiic petition of F. Jones.
Internal Improvements, with instructions j On motion of Mr. W liite, the rule was
i to the committee to report as early as j suspended, the petition and report taken
| up and referred to committee on Private
- | Land Claims No. 1.
(tcjras legislature.
Momday, July 21, 1856.
The Senate met; roll called; quorum
present.
Mr. Millican moved a reconsideration
of the vote on the passage of % bill making
an appropriation for the per diem pay
and mileage of the members and the pi"
i • l •- _ • Executive, as expressed in the veto mes-.!
- - - ? saje now under consideration. The fact
, Then, sir, this company have no ter-
minus fur their load except on the
Louisiana State line, with tlie western
during the terminus of the Louisiana road. It was
last two or three years, two different pol- confidently believed at the time of the
... , . . •-•it *jar "T icies on .the subject of internal improve- passage of this Charter that the Louisiana
liti^es that a majority of sal ment8 ^ {,ecn before the people of this road would be completed in time to allow
rti -- vr i> ™ 1 ^tate* ' State; and the question has.been thor- , the
J confess, Mr. President, 1 cannot see on<rhlv and ably canvassed in every por- to m
what kind oF reasoning the Governor tj0° Jf qqj. State, North, South, East and complete
{he direals— of this company residents
groundlessandis fully met.fir the second bT'disguised, that
artlc'-e of the by-laws ef this company, ,,
a^pced by-the board of directors, and
and to m exclusion of other portions of d em pay of the officers of the adjourned ition' ottcrin8 !.1 suostnuie ui
the State, that have no harbors, no means session of the sixth Legislature; lost. rca(* anc' substitute auoptert.
directors
of transportation, and cannot avail them-
selves of the advantages and privileges
of the loaning or any other policy for
some time to come. The people of Gal-
veston do not desire it.
I have mingled with those people, they
are liberal in their notions of State policy;
Petitions and Memorials Presented.
\ By Mr. Lott—Of John G. Stranger,
i Alex. Rosenbaum and E. McKinney; re-
ferred to committee on Private Land
Claims No. 2.
By Mr. Millican—Of S. B. Kelloujih
! Bills and Resolutions Introdueed.
i By Mr. McDade—A bill for the relief
■ of W. Dean; read first and second times
j and referred to committee on Claims and
j Accounts.
! Orders of the Bay.
A bill to establish a State University,
) with the report of committee on Educa-
offering a substitute therefor, was
dopted. The sub-
stitute was amended, and tho substitute
and amendment substituted by another
bill, which elicited much debate and
Mr. Hill, from the committee on Pri-
vate Land Claims No. 1, reported unfa-
vorably on the petition of P. W. Gillock.
Mr. H.ll, chairman of commits e oi.
Claims and Accounts, reported favoiably
on a bill for the relief of Jesse White.
Mr. Scott, chairman of committee on
Public Lands, reported favorably on a
bill to legalize a certain colony certificate;
also, unfavorably on the petition of John
Graves.
A message from the House informing
the Senate that the House had passed a
bill to incorporate Luther Rice Baptist
Institute; also, the Senate's bill to ascer-
tain legal claims for money and land
against tlie State, with amendments;. a d
also, a biH making appropriations to In-
demnify the State of Georgia for arms
ion i lost by the Georgia battalion at the mas-
sacre F <jr«nad. - "X t« - 5
A House bilHo consolidate the Texaa
Monumental Committee and the Texas
Military Institute with Rutersville Col-
lege, was taken up and read first time;
rule suspended, bill read second time and
amended and passed to a third reading;
rule further suspended, bill read third
time and passed.
Petition of Almanson Houston and J.
G. Love taken up and referred with other
evidence to committee on Private Land
Ckims No. 1.
Bills and ResoluUm* Inti'oduced.
By Mr. Martin—A bill requiring sher-
iffs to make publication of execution sales;
referred to committee on the Judiciary.
By Mr. Potter—A bill to create the
office of weigher of cotton at Galveston
and Indianola; referred to committee on
the Judiciary. . .. .
By Mr. McDade—A bill to amend the
Brazos Branch Railroad charter; refer-
red to committee on Internal Improve-
ments.
A bill for the relief of the heirs of H.
Whiting was taken up and ordered to be
engrossed; rule suspended, bill read third
time and passed.
The amendments of the House to Sen?
ate's bill to ascertain legal claims for
money and land against the State, were
concurred in by by tho Senate.
A bill for the relief of the heirs of J.
A. E. Phelp3; read second time and re-
jected.
Mr. Weatherford presented the petition
of 454 af the citiiens of Tarrant county;
referred to committee on Elections.
Mr. White introduced a bill to amend
an act to change the t ime of holding courts
C .... „V •
in the 10th and 14th judicial districts;
read first time; rule suspended, bill reail
second time and ordered to be engrossed;
rule further suspended, bill read third
time and passed.
Orders of the Dag.
Mr. Palmer's motion to reconsider the
vote rejecting the 3d, 4th and 5th amend-
ments of the Iloufee to the river bill, un
der consideration on yesterday when tbe
Senate adjourntd, was taken up and car-
ried. Tho amendments were then con-
curred in by die Senate.
A bill to relinquish the right of the
State to certain lands therein named was
made the special order for Friday next,
committee, reported favorablv upon a bi
defining the 12th judicial district.
Bilk and Resolutions Introduced.
Br Mr. Pcdigo—A bill for the relief
of the heirs of James L. Ewing; referred
to the committee on Private Land Claims
No. 1. 1
j^lanagan—A bill to set aside
*100,000 for the purpose of building *
lunatic asylum; referred to Judiciary
committee. - ,
-Mr. McCulloch—A bill for tbe relief
of the heirs of Glover D. Wiseman, de-
ceased ; referred to committee on Private
Land Claims No. 1.
Mr. Taylor of F.—A bill to amend an
act to incorporate the -Memphis, El Paso,
and Pacific Railroad ; referred to com-
mittee on Internal Improvements.
A bill to increase the common school
fund by sale-of the public domain within
the Pacific Railroad reservation was made
tbe spccial order for Saturday next, the
26thmst. ;
A message was received fam the
House, informing tlie Senate that tl e
House had passed the following I ills;
A bill for the relief of the heirs of
Robert Collier: a bill for the relief of
Wm. Herrin: a bill to incorporate Waeo
female institute, «nd a bill to incorporate
the Osccolamiil company, in Dallas
county.
Mi". Bryan, from the committee on Inr
tcrnal Improvements, made a minority re?
pert upon the bill to amend the act incor?
porating the Texas Western Railroad
company, and the veto message of die
Governor upon tbe same. The report is
very voluminous, and seems to justify the
Governo-, and to sustain his veto. The
report of the majority of the committee
was submitted several days since, and
urged the passage of the bill, notwith-
standing the veto of his Excellency; both
reports are able and minute vindications
of the Opinions of their respective fram-
"rs, and the question is really one of i-v-
idence. The minority report is
by Messrs. Biyan and Maverick. The
mijority report, by the.other members of
the committee, or .11 their bebalf.
Mr. Tayljr of F.— V bill to extend
the prohibitive laws of the United Stat s
within ten miles of the Indian Reserve,
relative to the sale of intoxicating liquors}
on motion laid on tlie table.
Orders of the Dag.
A bill to provide for the investment of
h" special school fund in the kmds of
ra'lroad companies incorporated by the
S ate, (known as the loan bill) with
amendments from the House, was taken
up, and some of the amendments concur-:
red in, and others rejected.
A bill setting apart $400,000 for tmir
vereity purposes, special order, «as taken
up, read, and aft r eliciting much parlia?
mentary tactics, laid on the table, .
A message was received from the
Hoose. i if,; m ng tlie Senate that the
Ho se had cone rred in the Seoat's
atnemimeiL. to a bill to consolidate the
Texas mpnutue. ta' committee, and A!
a a., military institute with Ruterv le _
college, amtrlat the House bad paired «
I at the conclusion that this amend-
atory net will legalise the supposed sale
of tins charter for J600.000. I such
ia)a*r<tuld have been illegal under the old
charter or name, it would also be illegal
fhder the new one. Nor can it by tor-
tuou-i construction b& 50 construed as to
hglilisr thin rmlr if one was made in any
natijicr whatever. Tbe first part of sec
tion second provides tliftt all acts done by
this oompany under the aid name, shall
as valid and binding on them under
i pew name, as under the old. Then,
drew forth many proposed amendments, ^ ^ ^ at 10o'clock.
none of which were adopted, and many o , A)](>1^ cliairulan of committee on j
^ ^flie^cD- ' Enrolled Iliils, reported correctly enroll- j
; n 'Stitute fbr tl e Senate's bill for tbe re?
1 ef {^ persons who had legal files ia tbe
Pacific Railroad reserve.
A bill for the relifcf of the creditors
and colonists of the Germam emigration
company, and to indemnify said compa?
ay, &c.; taken up and read, and ulti-
mately postponed until the 15th day of
Se.>t. next.
A bill to incorpor te the Huntsville
Railroad company was read, amended,
aid ordered to be engrossed—rule ens*
pen led, read third time, and passed.
A House bill making an appropriation
to the Governor of the State of Georgia
for arms lost by-the Georgia battailion at
tbe mastacre of Goliad; read, and refer?
red to committee on Public Debt.
A House bill for the relief of settlers
or locators upon the Pacific Railroad res-
ervation before tbe 21st day of Decem-
ber, 185S, was taken up, read, and re?
ferred to committee on Publ c Lands.
Mr. Guinn, chairman of the ct mmittee
on engrossed bills, reported correctly en-
grossed a bill for the re'i -f of the heirs of
Henry Whiting, and a bill supplemental
to an act to fix the time of holding
courts in tbe 10th and 14th judicial dis?
tricts.
Mr. .Millican offered the following res?
olution:
Resolved, That a special committee of
five be raised for the purpose of consid?
ering maturely the propi e y of repub?
lishing evidence relating to land titles in
Texas: adopted.
A communication was received from his
Excellency the Governor, relative to a
bill just passed, for the relief of the heirs
of Carlos Espallicr, stating that there
was a mistake relative to tLe same, as
doubtless tbe land to which said parties
were entitled, had already been located
and patented. The communication was
referred to the Judiciary ci mmittee,
Another cammi-nication was receiv«d,
transmitting a copy of the-Revised StaU
utes, as prepared by tbe commissioners
appointed to prepare a code, &e„ &lc.-.—•
Also referred, to the Judiciary committee,
On motion of Mr. Scott, Mr, Alb«
was added to tbe committee on Intel nal
Improvements.
The Senate then adjourned until tci
morrow morning, at 8 o'clock.
! them laid on the tabic.
of the Senate was ordered and the &cn
ot
bill
nd ta
by the
tunately, however, that Company have
not done so, and the unprecedented low-
stage of the river, prevents the transpor-
tation of iron to lay down the first section
of ten miles. But the citizens, not for-
Of Betsy, a free wo-
re ferred to
West. TW people are aroused to the
importance, aye, the necessity of this
work, and upon no other question do thoy
feel so intense an anxiety at this time, as
upon the subject of building railroads.
The Governor has seen proper to with- of ten miles. But the citizens, not for- tho State. It is unjust to chaige
hold his signature to the bill to amend eigners as the Executive endeavors to im people with a design, or a desire to defeat]Ul 1
the charter of the Texas Western Rail- agine, but citizens of the State of Texas any other plan except the State plan; lt; Land Claims No ^ ^ CC °D
road company, and has returned .it to this have come forward, subscribed liberally is the wire workings, the gamesters that *
body for reconsideration, together with to this Company, and put their force on block up, and stifle public opinion. They
a veto message stating his objections this road, so that, if it is possible, to save are too liberal, too patriotic to be so
thereto. I have already remarked, the the rights of the Charter. The Execu- selfish as to adhere so tenaciously to this
honorable Senator from Harrison has sue- tive also argues that if a Company which beautiful type, this stupendous and ma-
wuUiU Uwti ll r 1 . • YV .
they could not getlheir favorite policy-- j yate ^ g^ <* Pl>
would not, m my opinion, defeat any , j, pott
other schcme or policy that would tend r
. .i , . _ r .t. man ot color; reterred to committee on
to the development ot the resource* ot Slat<j n ;
the State. It unjust to chaige the ; Mr Martin_0f w L porter) f. j
Private
or in
ed, a bill to amend the charter of the
Galveston, Houston and Header sou Mail-
road Company.
A bill to provide for the investment ef
-— o r . * , . . | the special school fund in the bsp^b of tkfi
any fair mode, and fer endowing it ith ra2roed ^panie# incorporated W the
400,000! S« . p Ji*
«hfferer.t objects among ^ I bv the House with amendments; made the
are not all apparent, and ot c«nse can | ^ f()r t(Mjay>
was taken up
^i • t a t" j . WCIIOIUI U UUl niirriSvL lluo OUv" •«vU ***o n UlUll UvHUllllII I VUtj LfllS Dlupcuuuua till*-* iiJ«*
re^at, it sale of the charter was ceeded, as I think, in refuting those ob- has been organised for a period of five jestic system, thc t surrounds the coast.
* i • f T * an i nun
Sr raeeld ni me, no process ot jectj0iis with stubborn facts. "The Exec- years has not accumulated sufficient cap-
[>^.Can make it legal under the utive brings Up the supposed sale of the ital to complete the first section of ten
J?ew- charter of this company as one of his miles, there can be no good reason tor
^ ?. . chief objections to granting relief to this granting this relief. Lnder ordinary cir-
loMhg ppguage- _ _JeCt 'f t0 road. Now, sir, when a charge is made cumstances, 1 admit this w<uld be a fair
By Mr. Caldwell—Of D. Scott; refer-
red to committee on Private Land Claims
No. 1.
Reports from Standing Committees.
not be surmised.
A bill to encourage the improvement
I of the rivers, kc., passed by the Senate,
I and passed by the House with amend-
! merits, was read, and some of the amend-
j merits of the House concurred in and
; others rejected. The bill was at length
postponed until, and made the special or-
and the Senate refused to concur in the
first amendment of tho House.
I On motion, the Senato adjourned until
i to-irorrow morning, at 8 o'clock.
Mr. Flanagan, chairman of committee ! der for 10 o'clock to-morrow
And, again, Mr. President, notwith-
standing the voice of the people so clearly
indicated that "he that runs may read,"
ono would suppose the question settled,
and that we had nothing to do but to
agan,
on Internal Improvements, reported fa- j Under the call, Mr. Hill and Mr. Su-
vorably on a bill to amend the charter of pervielle were excused from attendance
the Galveston, Houston and Hendersou
Railroad Company.
On motion of Mr. Taylor of H., the
make legal'aU the .acta heretofore done that the charter was disposed of to a for- inference; but it must be borne in mind shape and mould our proceedings to carry rule was suspended, bill read and ordered
r . af/end tc declare sueh acts ejgfl company for a consideration of that the Western terminus of the Louis- out their will.
gal and binding on all thejaarties con- §600,000,1 think such charge should be iana road is about 20 miles from Shreve- But, sir, what is the fact?
%y tbe company, and tc declare such acts
legal and binding 9* all the parties con-
nected therewith, what acts this is intend-
ed to legnliS^l hate no means of know
| to be engrossed.
On motion of
Mr. Taylor of H., the
accompanied by some corroborating testi- port; the river has not been navigable resolution has been introduced by an rule was further suspended, bill read third
Already a
. .. _ :ed by an
mony; but sir, no proof accompanies this , for a considerable length of time and the honorable Senator here, to distribute this I time and passed by two-thirds.
upon the Senate on account of sickness.
Mr. Allen, chairman of committee on
TnuasDAY, July 24th, 1856,
The Senate met; roll called; quorum
present.
Reports from Standing Committees.
Mr. Taylor of C., chairman of the com-
mittee on Public Debt, reported unfavor
Friday, July 25,1856,
Tho Senate met; roll called; quorum
present.
Reports from Standing Committee*.
Mr. FlanaganL chairman of committee
Internal Improvement*, reported fitvect
Ably noon a hill to amend aaut te in-
corporate tho Memphia, El Bwe and
Pacific Railroad Company; and alao, &•
vorably upon a bill to incorporate tfee
Brasos Branch Railroad Company.
Mr. Guinn, from committee on Public
Lands, reported uhfavorably upon the
memorial of Eli Chandler.
Mr. Scott, chairman of committee ee
Public Lands, reported favorably upon
the House's substitute for the Senate's
bill for the relief of pennons who had
legal files within the reserve made by the
Pacific Railroad charter, &c.
Mr. Martin presented the petition of
the ctizens of Young county; refmed to
ably upon the petition
Wells.' committee on Public Lands.
Enrolled Bills reported a bill to create I Mr. Scott, chairman of the oommittee) Mr- Bryan, chairman of co«mttee e<|
and organize the ^ 6th judicial district, on Public Lands reported
and fix the time of holding the distnot1 upon a bill for the relief of
courts therein; and a bill for the relief of i James C. Early, deceased:
the heirs of Wm. Watson, dee'd., cor-1 Also reported unfavorably upon a bill
roctly enrolled, | to amend the Pacific railroad charter?
Mr. Soott, chairman of committee &
[See 4tk
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Ford, John S. & Jones, William E. The Texas State Times (Austin, Tex.), Vol. 3, No. 35, Ed. 1 Saturday, August 9, 1856, newspaper, August 9, 1856; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth235814/m1/1/?q=Lamar+University: accessed May 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.