Tri-Weekly State Times (Austin, Tex.), Vol. 1, No. 35, Ed. 1, Thursday, February 2, 1854 Page: 1 of 4
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VOL. 1.
FIFTH LKGI8LATURB.
BEBATES IN THE SENATE.
" .1. T. VKj1N1 Rcftortai'-T "
Saturday Jan. 7 1854.
The bill to be entitled "An act to en-
courage the construction of railroads by
a loan of the school fund" being upon its
second reading the vote was taken upon
the substitute which had been offered and
it was rejected.
The question then was upon the adop-
tion of the amendment offered by the se-
nator from Rusk (Mr. Gage.) It pro-
vided that not more than one-half of the
money to be loaned by the bill should be
loaned for the benefit of roads in cither
congressional district.
Mr. GAGE Mr. President: I offered
that amendment because some roads which
have been chartered cannot be commenced
yet for several years. We are so situ-
ated in some places in Eastern Texas
that we cannot commence the construc-
tion of our roads until some other roads
arc built as it would be too expensive for
us to haul our iron until wc have better
facilities. If there is not some rcstric-
tions in the bill those roads which run
out from the Gulf will have obtained all
the money before we are in a situation to
progress with our works. It has been in-
timated that the amendment is sectional ;
but I think without justice as quite as
many live in the eastern part of the State
us in the West.
Mr. BUY AN Mr. President: I hope
that the amendment will not be adopted.
I would regret to see the action of this
Legislature give countenance to the prin-
ciple contained in that amendment. It
draws the line between the east and the
west which seems to be the disposition of
Borne too distinctly to mark. It may cre-
ate a feeling which if fostered may lead
to consequences anything but pleasant.
I hope this body Avill show a disposition
to reject the amendment and the dispo-
sition that gave it birth. Texas is now
a unity : I trust she ever will be both in
foeling and interest. May we nevei Le-
gislate into existence a feeling of divei sit
of interest between the East and the West.
No senator wishes to sec such a feeling
cherished here ; yet if this amendment is
engrafted upon the bill I know that it
will create much feeling a feeling which
we may yet have cause to regret. If we
commence making such distinctions as
that amendment makes no one can tell
whore it will end or what the result may
be.
I presented a substitute quite different
in its features from the original bill ; which
I had hoped would meet the views of a
majority of this body after pome amend-
ments if not as presented.
Now the original bill is before us ; upon
which I hope at the proper time such
amendments may be engrafted as are
necessary to the accomplishment of the
objects set forth in it and the preserva-
tion of the school fund : but if the prin-
ciple contained-in the amendment offered
by senator Gage is to be entertained by
this Senate then a different matter will
call for my action and my vote. I hope
no such amendment will be attached to
this bill.
Mr. GAGE Mr. President: It is ve-
ry easy for a man who does not wish to
go for a measure to find some excuse for
opposing it. It is nothing more than
what I expected to hear said of that
amendment from some upon this floor.
Wc do not ask it from any sectional feel-
ingB or motives ; but merely as a matter
of justice and for the protection of our
interests. If the gentleman from Brazo-
ria (Mr. Bryan) goes against this amend-
ment I shall set him down aB against the
loan bill.
Mr. BRYAN Mr. President: I know
not how that senator or any other can
divine my thoughts before they are ut-
tered. 1 know nov how that gentleman
(Mr. Gage) can say that ho is divested of
sectional feeling? when it wns ho that in-
troduced the Pacific road bill ; the bene-
fits of which road if constructed will be
ontiroly sectional until the branch roads
arc built. It is strango that any man as
sectional in his views as he (Mr Gage) is
should come hero and charge others with
being sectional. Ho sets mo down as
against the loan bill : and why ? Because
AUSTIN TEXAS THURSDAY FEBRUARY 2
I opposed an amendment which is entirely
sectional in its character. Now he has
no reason nor has any other senator to
say that 1 am opposed to it: under differ-
ent circumstances I should have been.
Measures have been adopted since the
meeting of this Legslature which have
placed me in a different position to the
one I should have occupied in reference
to the loan bill. I now make a choice of
evils. I have acted in good faith. It is
not my policy principle or character
over to act otherwise; and they who
know mo as a man and as a legislator
know what faith to attach to my declara-
tions. It is not my wont to trick or
trade in legislation; and the insinuation
ot the senator savors more ot his antece-
dents than mine. If the loan bill is pro-
perly guarded and constructed I will
vote for it ; but I will not vote for the
Kill ..m 4- mi. cf-wlc. Im1Vhi flirk Slnnnfn
or for the sectional amendment of the
senator.
Mr. JOWERS Mr. President: I am
in favor of the amendment if I under-
stand it correctly. Mr. Jowers called
for its reading.
I cannot see sir why it is that any
senator should object to that amendment.
It provides that simple justice shall be
done all portions of the State. I do not
see why any senator should vise in his
place here and charge the gentleman
who offered that amendment with being
sectional in his feelings. The gentleman
(Mr. Gage) that introduced it is from the
eastern congressional district: the gen-
tleman (Mr. Bryan) who has spoken in
opposition to it from the western con-
gressioral district ; and he knows that the
West will have the advantage in obtain-
ing the money to be loaned by the bill if
there should be no restrictions in it simi
lar to the one contained in this amend-
ment. As far as it belongs to the Eastf
1 care not. The question with me is
Does it deal fairly with all portions of theTTost we will not murmur.
State ? It looks rather suspicious to me
that a man from the West is a little sec-
tional in his feelings when he can rise in
his place and charge this amendment with
being sectional ; having the fact in view
that there are roads in the West now un-
der construction and in a state of ad-
vancement far ahead of those in the East;
knowing that they would not only be the
first to profit from the land but would
also be likely to get the most of the mo-
ney. There is a road already in the
West twenty miles of which has been
constructed; and many others arc ex-
pected to be constructed much in advance
of the eastern roads on account of the
facilities which they have for getting iron.
The object of the amendment is to pre-
vent the West from dn.wing all the mo-
ney out out of the treasury before the
East is in a situation to take advantage of
it. I support the amendment not as an
eastern measure but; as one which deals
out justice to all alike. Let me say to
the friends of the measure that we are
delicately situated. If that amendment
is not adopted 1 fear that we shall lose
tho vote of the senator irom Rusk ; but
if it should be adopted I am not quite as
sure that we shall lose the support of the
senator from Brazoria. Wo need all the
votes that we can get. Believing that
the amendment will but do simple justice
without prejudicing the rights of the
West I am in favor of its adoption.
Mr. HART Mr. President : I am op
posed to this amendment and like tho
senator from Brazoria would deprecate
this feeling which would array the East
against the West. I do not think the
i'lnendmcnt necessary for the protection
of the East. It will be recollected by tho
reading of the bill that neither of tho
congressional districts can get much ad
vantage as no one road is to receive more
than 500000 of the money to be loaned.
It is not likely that more than two or
three roads will bo constructed in the
West for some time or before roads will
be constructed in tho East ; and besides
one of the principle roads of the West is
to run into the eastern portion of tho
State.
After some remarks by Messrs. Sub-
lett and Paschal Mr. Jowers offered a
substitute to tho original bill and amend-
ment. Mr. Hart claimed that the siu
stitute just offered did not difl'er material-'
ly from tho ono which had been rejected
and therefore that it would not be entor-
tainod by the Senate. Senators Jowers
and Bryan explained tho difference bricf-
W
The question then was upon tho adop-
tion of the substitute offeved by Mr. Jow-
ers. Mr. PASCHAL Mr. President: I
Avas not aware that tho vote had been
taken upon the first substitute rejecting
it. Had I been here I should have vo-
ted for it. I did not voto at all upon it ;
but if allowed will move a reconsidera-
tion : if I am not allowed to do so 1 hope
some gentleman -will who votcu in uic
majority.
Mr. JOWERS: If any one will move
a reconsideration of the vote rejecting the
substitute I will withdraw mine.
Mr. HILL here made a few remarks
not audible to tho reporter.
Mr. LOTT: I voted against the sub-
stitute and will make a motion to rc-oon-sider
the vote rejecting it if Mr. Jowers
will withdraw the substitute which he has
offered.
Mr. Jowers withdrew his substitute
and Mr. Lott made the motion to re-consider.
The ayes and noes being called
the Senate refused to re-consider.
Mr. JOWERS Mr. President: I of
fer a substitute to the original bill and
amendments again
Mr. HOLLAND Mr. President:
With the vieAV of settling this matter
finally and forever I move an indefinite
postponement of the bill and amendment.
Mr. JOWERS Mr. President: I
am really soi;ry that the Senator from
Panola (Mr. Holland) has made the na-
tion that he has. We have not yet got
the bill in the shape that we would wish
to have it. If his motion docs not pre-
vail then we can amend it; and it cer-
tainly needs amendment. If the Sen
ate will give us an opportunity to place
it in the best shape that we can; we will
Jbe ready for a fair vote and then if it is
I feel a deep interest in a bill of this
kind and would like to sec the enemies
of it give us a fair chance. When I was
a candidate 1 had the bill beforo me
which passed the House last winter. I
made twenty-two speeches upon the
stump and at every one read that bill
and commented upon it to the people.
I advocated the policy contained in it
because I thought it would advance tho
interest of the State. I believe that the
people feel an interest in the passage of
the bill before us and hope the Senate
will allow us to so amend it that tho
friends of it can at least unite upon it.
If gentlemen arc actuated by a spirit of
liberality they cannot certainly wish to
prevent us from placing the bill in its
best possible shape before the vote is ta-
ken. Mr. SUBLETT Mr. President: I
regret that I should be called upon so
suddenly and so unexpectedly to give
my views upon the propriety of adopting
tho loaning policy. But in as much as
the motion has been made to indefinitely
postpone the bill which if sustained puts
an end to the matter I cannot remain
silent. It seems to mo that this motion
is illiberal in its character.
The opponents of the bill ought at
least to permit its friends to get it in tho
best possible shape. If they would do
this much needless discussion would bo
cut oft". I therefore call upon tho Hon-
orable Senator from Panola in a spirit of
kindness to withdraw his motion.
Mr. HOLLAND I acknowledge that
my object is to defeat tho bill and I
therefore insist upon tho motion.
Mr. SUBLETT -Then Mr. Presi-
dent there is no alternative hut to moot
the question. I regard the loan bill as
one of more importance to tho southern
and western portion of our State than
any that has been acted upon during tho
present session of tho legislature. The
loaning policy may not have been discuss-
ed before tho people in any portion of tho
State. I think it likely that it was not; but
wherever the want of railroads haB been
felt the people have canvassed this and
all other questions calculated to give aid
in their construction. The opponents of
the loaning policy have attempted thno
and again to fortify themselves under
the wings of tho constitution. At one
time sir beforo tho merits of the loaning
policy had been discussed beforo the
poople by its friends and advocates
NO 35.
conventions were spoken of tho people
were denouncing their constitution on
account of the supposed restrictions it
contained; they were prepared to call a
convention to remove the imaginary bar-
riers which prevented wholesome legisla-
tion upon the subject of internal improve-
ment. But air when tho subject was
fairly presented before them and a def-
inite plan suggested tho plan which is
laid down in the bill beforo tho Senate
they could no longer be humbugged
about constitutional barriers. But as
thero are some who arc still sticking
about tho constitutionality of this bill
1 propose (not with the expectation of
convincing them' but that my own posi
tion may bo understood) to show that the
bill docs not CQnfiict with the constitution.
The bill simply proposes to invest the
school fund by loaning it to railroad
companies. Now sir it is contended
that if this money is loaned to railroad
companies that it will amount in sub-
stance to an appropriation for internal
improvements and that therefore the bill
must bo passed by a two-third vote; and it
is also contended that if we loan it for a
longer time than two years wo violato
the constitution. These are the first
propositions which I shall attempt to an-
swer. It is admitted that in order to
make an appropriation for tho purposes
of internal improvement the constitution
requires a vote of two-t birds of both
Houses of the legislature. No one has
ever doubted or denied the fact. But
that a loan of money that has already
been appropriated and set apart for the
purpose of creating and maintaining a
system of common schools should be
construed into an appropriation for in-
ternal improvements is certainly the
most farfetched idea that I have ever
heard advanced. The money which has
been appropriated for common schools
purposes in order to answer the ends for
which the appropi iation was made must
necessarily be loand or invested in some
way. It is only the interest that can be-
used; the principal is not to be touched
it is to remain a perpetual fund and
whateor increase it may receive from
interest or otherwise may bo used for
common school purposes. Wo propose
to loan this money to railroad companies
at the rato of 6 per cent per annum but
not until after they shall have completed
and put in running order thirty miles of
road and giving the State a preference
lien upon the road thus completed as se-
curity for its payment. The great error
into which those have fallen who insist
that this is an appropriation for internal
improvements is this; they do not draw
the distinction between a loan and ap-
propriation. The term loan I appre-
hend is not to be found in the constitu-
tion. And tho word appropriation in
the sense in which it is used in that in-
strument carries with it the idea of a fi-
nal disposition of the public money ei-
ther in liquidation of tho liabilities of
State or as a gift or donation for some
purpose It cannot bo construed to in-
clude a loan. Hence I have always con-
tended that it was perfectly competent
for the legislature to make a direct loan
to railroad companies by a bare majority
vote. There is no proposition any clear-
er to my mind. We would not give them
tho money we would only lot thom have
tho use of it and a loan thus mado could
not bo considered as having been made
for the benefit of railroad companies
but for the benefit of the Stato. When
the miser loans his money at usurious in-
terest he docs it not for the bonofit of
tho borrower but for himself. And
there is just as muoh difference between
an appropropriation and a loan as there
is between and absoluto gift and a loan.
That provision in the constitution
which declares that no appropriation
shall bo mado for a longer term than two
years unless for educational purposes
fully sustains my position. This clause
was simply intended to prohibit tho leg-
islature from taking upon itself tho dis-
charge of duties which would moro prop-
erly devolve upon tho next succeeding
legislature which would of necessity un-
der tho constitution conveno in two yearB.
And it evidently refers to that class of
appropriations which aro mado to carry
on tho wheels of Government it is inten-
ded for nothing else and can mean inch-
ing clso. If thoy had intonded to say
1854.
I
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Ford, John S. Tri-Weekly State Times (Austin, Tex.), Vol. 1, No. 35, Ed. 1, Thursday, February 2, 1854, newspaper, February 2, 1854; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth78426/m1/1/?q=Lamar+University: accessed June 9, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.