Texas State Gazette. (Austin, Tex.), Vol. 4, No. 8, Ed. 1, Saturday, October 9, 1852 Page: 4 of 8
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5335inrTTTT
.; TmSSTATE GAZETTE.
OCTOBEB; 9i
COMMVWXCATIOJVS.
. 'Messrs
U3
.articles
'irtit ' ' " "
CS(ittkt 1. 1.
fof'lliVState Gnwtte.
trjf. Editors.1 With your permission I propose in a few brief
t ltai. tho timnriniv of tho "Lerislaturo'stibmitting to the
Vopfe t asearly period ns practicable thb question of calhnga conven-
Viou to revise our constitution. 1 am aware tflat ho wild attempts to
javadu tho sacred precincts of our constitution Should bo well awaro
of the mounds ho la tramninir uport. I am also well apprised that lie
. it " 1.1 i ... .. .. "i.J'tu.
efcees of Written constitutions. xc " 'ui u - "
'the intention of tho author to detract ono particle from tho welt earn-
ed fame and Iontrpublio services of some of thOsO namcB that stand as
framers of that instrument v uiiugmu iu ... . uw ; vi ui-
biter of thoir (knowledge and intentions. In throwing myself upon
"tho consideration of Jlifl public I alone ask to be heard in a spirit of
.conciliation aim oi uioiinjiiupniii ......v..hwuBw...uu
lnaiiiunray areuii"!n uhuij .... -
t radically iMeeiivc.
2d. tt'Jiat though
That our constitution
nt its first formation it was in accordance with
Vhe views of tho massde and in accordance with the spirit of the age;
' tlwi 'tW improvement of our country the liberal spirit of our peo-
demand a revision of 'it.
3d. That our constitution has assumed to' tic down upon our peo-
pfe a certain course of policy upon most of tho questions of State con
wrn by assuming legislative powers.
4th. It has so many conflicting provisions that no marl ia able to
' discover what powors nro granted and what prohibited.
1st Our constitution is radically defective. In sustaining this
.proposition it will be necessary in some deg'ee to look at the consti-
tutions of tho other States and to enquire what is meant 'by a consti-
tution. Constitution have of themselves no intrinsic value. They
have no forco unless the people forming them give to them vitality by
adhering to and sustaining thomi but are a dead defunct paper life-
less and powerless. No constitution can or should stand which does
notombody tho sentiments of its .subjects not for a year or five years
but at all times. In riri ago like iho present where improvement is
the motto in every department of life religious political and literary;
when there is improvement? written upon tho face of every thing it is
"pVin that a stand-still constitution will not suit us. A constitution
tht emanated under peculiar circumstances and partook largely of
fcthoso peculiarities cannot tie down tho energies of our people. A
constitution should make a few general provisions a few land-marks
m which to bo guided mark out a certain course of policy making
' ia the mean time as few positive restrictions as possible and always
ftiememboring that the people aro thoic own sovereigns and capable of
"self-government. By reference to the State Constitutions of New
York Pennsylvania Georgia Mississippi &c. you will find this to be
' the case. But docs our constitution do this? No ! It seems as if
those who framed that instrument concluded that the people for whom
they were making a form of government were utterly incapable of
. self-government and that they werp the Solomon's knowing not only
what wan best for the pcoplo at that moment but by a prophetic eye
looking far into futurity mid making provisions for them 50 or 100
"t'years to come. Does any deny but that this disposition is manifest in
. our constitution! If so why those provisions positively forbidding
thoStqta to become a stockholder in any corporation and prohibiting
tho State from graining bankihg privilege &c? From these and many
other instances it seems liko the framers meant to say "gentlemen
twenty years hence when wo are dead you all may wish to make the
State a stock-holder in some corporation ; but wo say it is wrong
"and therefore wo will tie your hands in advance." Just so concern-
irfg banks they say "gentlemen you may at some time hereafter think
"Tit expedient to grant banking privileges to companies as nearly all the
'HStates have done; but we say no and you must bo governed by our
'opinion for years to come though expediency may point out to you a
different course." Oursia not properly speaking a constitution but a
dictum of a cnrtain.convention of wise heads. It is therefore radically
"defective Again there are continually happening in the government
'''oTjbUr State emergencies which tho constitution has made no provis-
fsion for; but a few years ago a judge in Eastern Texas died upon his
circuit and but a few days ago Judge Martin of the 9th Judicial Dis-
trict died just at the commencement of his fall courts : but for these
emergencies the constitution makes no provision and we are subject
at any moment to theso emergencies for there are in Texas a consid-
erable number; of judges qach liable to die. And what people nre pre-
-pared to do without courts? Who ia not awaro of the incalculable
loss arising to those who have cases pending in our courts but are
compallodto wait days months and years for the adjustment of
-thclr rights all owing to a radical defect in our constitution. A single
- clause would have been sufficient to have lomedied this one defect
Jtibutithat clause has not been added and wo are compelled to submit
to loss and inconveniences. In the same instrument it does not take
tfy)eyc8 of an Argus to discover other unprovided for emergencies but
-.'at 'every stop we fipd ambiguous terms contradictory provisions and
tthnteaning phraseology. But these points como up more properly
under a different head and then wil be discussed. Our constitution
ia now behind tho age. It was no doubt in accordance with tho opin-
"Moll's of those who formed it; but we nro improving in the science of
government and are yet far from perfection; we do not ngree with
Popa'when he said
"Let fools for modes of government contesi
That -which a best administered Is best;"
mjfc aro willing to progrqss and if our course of Stnto policy proves
"jBetiiCiont or inexpedient drop it oiid seek for another. But con we
o this under our constitution? By no means ! But'nro compelled to
' ehapo our course by au instrument that has grown in a few years
ifonusty and 'unpopular. It seems to me that the framers of our consti-
itutiott cither forgot or passed by unnoticed one of tho first principles
republican government;1 tho peopje rule" as weU as that the con-
stitution is the creaturo of tho people which cau Jiaye no force or
effect unless it reflects nt least the sentiments of a largo majority.
Theso considerations as I conceive have been lightly passed ; and
agon8titutioil Lyourgjrin in its nature has been imposed upon us. It
comes not as a constitution granting liberty and freedom to us but it
comes with its iron-like provisions crushiug us at every move crippling
eveiy energy clogging us down from every experiment. It is now a
-Standing insult to the intelligence of tho Texan people; for it has tied
up your hands as if fearing that you might at some period bo too
igisoraut to govern yourselves. I know of no other source of power
$ but the people and to their intelligence I am willing at all times to
iruijt myself and the interests of our State. I want no constitution
Jrwhinh presumed a beonlo irrnnrmit. T wnut nn nnncW ; i.t
ju. A O - .fw bWtia.l1klWI W.UIr
4?
5
comes armed at every point with restriction positive and arbitrary for
wjtuch no man cau assignja .reason but which arose from the peculiar
.notions of its framers. I have thus in a brief manner attempted to
snow mm uur uuueimuiuu is rauicatty detective and have assigned
reagqns for tho 6amo. There Wy be some ptaasable oxouso in the
minds of tho members of tho conyeutiou ; but the necessity if it ever
existed has now passed and tho excuse is without a foundation.
lwWaco Sept. 28th 1852. ' PHILO.
.cornjnerciiantuBrothQrJ Jonnthimainsb&Bitlm.Kntnnf;Afnw
- . .JA. J- -...
imh.
W
For tho State Gazette.
TrHrato of Respect.
At a regular convocation of Bastrop Royal Arcli Chapter
No. 23 hold at tho Chapter Hall Friday evening 24th Septem-
ber A. D. 1852 A. L. 5852 the following proceedings were
had : The death of our lato companion John B. Gilliam was
announced; whereupon the following gontlomen were on mo-
tion appointed to draft suitable resolutions to wit: Compan-
ions JR. if. Johnson M". "V7. Young and S. 0. Blanton who
reported the following and they wero unanimously adopted :
Whkkeas tho sadintelligcucoof tho death of our lato worthy
and much loved companion John B. Gilliam has filled our
hearts with gloom clothed our Hall for the first time in deep
mourning and reminded us of tho startling truth that
" Tho knele. tho shroud tho mattock nnd the grave
Tho deep damp vailt( tho darkness and tho worm"
Constantly wait on man.
JRwoIved That in tho death of John B. Gilliam this Chapter
has lost a faithful and worthy member and the community a
citizen remarkable for his integrity and urbanity.
Jiesolved That as a tribute of respect to his memory the
HalJ furniture and jewels of tho Chapter bo draped in deop
mourning for the space of thirty days and tho members of tho
same wear the appropriate mourning badges for a like period.
liesnlvect That wo imitate his many virtues and regard his
untimely death as a warning that some casualty or disease
wll ere long terminate our existence thatthe coffin and wind-
ing sheet which received his will ere long receive our remains
arid that tho grave which opened to recoivo his will ere long
open to recoivo our bodies.
Resdloedy That the Chapter tender their sincerest condolence
to the relatives and friends but more especially to the immedi-
ate family of tho deceased.
Jiewlved That the Secretary cause a copy of the foregoing
preamble and resolutions to be published in tho State Gazette
in Austin andtheSouth-Western American the Nashville and
Louisville Christian Advocate and the other newspapers in
Nashville and Lebanon Tennessee republish.
M. "W. YOUNG )
E. M. JOHNSON Committee.
S. O. BLANTON )
Copy from the minutes. R. M. Johnson Secretary.
For tho Toxas State Gazette
A mass meeting of the citizens of Dallas county was held in the
town of Dallas on the 27th of Sept. 1 852. '
On motion of B. W. Stone tho Rev. Amon McComas was ap-
pointed Chairman and John J. Eakins Secretary.
A. G. Walker by request stated the object of the meeting.
On motion of A. G. Walker Gen'l J. J. Good was requested to
read a letter from Hon. Sam. Bogart to the editors of the Austin Ga-
zette said letter being an attack on Hon. J. M. Crockett and the cit-
izens of Dallas county.
On motion of B. W. Stone a committee of six was appointed to
draft a preamble and resolutions expressive of the sense of this meeting.
Tho following gentlemen were appointed viz: A. G. Walker B.
W. Stone J. Merrifleld A. Bledsoe J. YV. Merrifieldj T. C. Haupe.
Hon. J. M. Crockett being'called made a speech explanatory of his
course in the legislature and iu defence of himself and the citizens of
Dallas county against the slanderous attack of Maj. Bogart in his last
letter to the Austin Gazette.
The committee returned' and presented the following preamble and
resolutions which were unanimously adopted:'
Whereas we have heard with surprise that we as citizens are false-
ly represented abroad as being divided among ourselves as colonists
and that a change is being effected in the public mind against our for-
mer proceedings and becoming more favorable to the company and
as we wish to be set right in this matter throughout tho State there-
fore be it
Resolved That the late publication of Sam. Bogart in the State
Gazette of the 3d of September asserting the fact that there is a
change among the prople here is false.
Resolved That his course in tho McKinney convention contrasted
with the letter above mentioned is contradictory in every essential
and is sufficient to bury in disgrace and oblivion any honest man.
Resolved That the citizens of this county have not chained their
views in regard to his course from their recently expressed opinion but
still desire and in this manner request again the 6aid Senator to re-
sign his seat in the State Senate..
Resolved That the qualified voters of Dallas county be and they
are hereby requested individually to sign a written request for Sam.
Bogart to resign.
Resolved That we approve of the efficient manner in which the
counties of Denton und Cooke have acted iu procuring the testimony
necessary to show the corruption and fraud of the company and se
cure tho rights of tho colouists; their conduct is worthy the highest
eulogies.
Resolved That as citizens of this colony we still uphold our ex-
pressed opinions as delivered in former meetings to the last extreme
we have not changed but will have our homes and our lands.
Resolved That the. review of Judge Reagan iji the State Gazette
of the 10th September is an able honest and true defence of the in-
terests of tho citizens of Peters' colony and the assertions in regard
to the course of the company con be proven by hundreds of living-
witnesses of irreproachable character. D
Resolved That the effort of Sam. Bogart to defend himself by ad-
verting to instructions from Dallas is a mere ruse a weak effort at
deception which the facts "will not allow. He voted for the bill of
tho 10th February last several days before he received tho instruc-
tions he falsely claims to have acted under.
Resolved That we request the couptjes in this senatorial district
to hold similar meetings and make the same request of our present
senator.
Resolved That copies of these resolutions be sent to tho various
counties in the colony by tho secretary and bo published in tho Dallas
Herald and the Austin Gazette.
Resolved That wo approve of the course of the Hon. J. M. Crock-
ett in resigning his 6eat in tho legislature and sivinir it airain into thn
hands of tho people to express their opinion iu regard to his course.
Gen J. J Good introduced tho following resolution which was
unanimously auoptcu ;
Resolved That wo earnestly recommend to tho delegates of the
late McKinney Convention to proceed to tha taking of the testimony
relative to the noncompliance of said company in not fulfilling their
contract unu um we regaru ii me uuty ot every colonist a duty they
owe not only U) themselves but the State to offer before the said del-
egates .their evidence if they know any.
On motion of J. N. Bryan The thnhks of the citizens of Dal-
Jas county were tendered to Hon. J. M. Crockett for his services in tho
legislature.
On motion of B. W. Stone The resolution passed at a mass
meeting of the citizens of Dallas county held in the town of Dallas
on the 15th of July requesting the Hon. Sam. Boirart to re; hr
Onnt ?n iVa OortAtri Ka mnln Ii r nnn!nH f L " I r--
bUb Ilk WW HbMMHVt UU AllUVtb
7.
isaid Bogart the cecoml time
tho caption of the petition requesting' tho
to resign liis eeat in the'senate. '" "
On motion of 3. N. Bryan That this meeting adjourn to meet
again on tho 9th October. AMON McCOMAS Chm'n.
John J. Eakins Scc'y.
i
Tho Texas Debt.
Just before tho close of tho lost session of Congress when one of
the appropriation bills was under consideration iu the Senate the
following proceedings touching the five millions of tho Texas indemnity
now withheld under the Pcarco provisotook place. This discussion
shows Avho ore the friends of Texas in Congress ready to defend her
honor and her rights :
Mr. MASON. I havo gone through with tho amendments which 1
had to offer by the direction of the Committee on Foreign Relatione
and I now of myself offer the following amendment to the bill :
Sue. And be it further enacted That it shall be lawful for tho
Secretary of tho Treasury at any time after tho 1st day Of January
next to issue to the State of Texas such portion of the stock men-
tioned in tho first proviso of the fifth article of tho third section the of
act entitled "An act proposing to the State of Texas tho establish-
ment of her northern and western boundaries the relinquishment by
the said Stato of all territory claimed by her exterior to said boundaries
and of all her claims upon the United States and to establish a ter-
ritorial government for New Mexico" approved September 9th 1850
as shall be equivalent iu amount to the releases of tho claims of the
creditors of Toxas against the Unitea States which shall bo then filed
at the Treasury as in said articlo is provided ; and in liko manner
from month to month to issue the said stock equivalent to such releas-
es as may be thereafter filed until tho whole amount of the five mil-
lions of dollars reserved by said articlo is exhausted.
Mr. GWIN. I wish to make an appeal to the Senator from Vir-
ginia not to pass that amendment. It will lead to hours of discussion.
It is ono of the most complicated questions that can be presented to-
Congress. It is well known that the Senator from Maryland Mr.
Pcakce has reported from the Finance Committee a bill accompa-
nied by an elaborate report which bill is entirely different in its pro-
visions from this proposition ; and it will lead necessarily to a very
prolonged discussion. I hope therefore that the Senator will not
press the proposition at this late period of the session.
Mr. MASON. I have no disposition in the world to get up a dis-
cussion; but I can stato in three minutes what will be the effect of
the amendment and the Senate cpn then determine upon the propri-
ety of adopting it. By the law of 1850 adjusting the boundaries of
Texas the United States agreed to pay to that State the sum of $10-
000000 by an issue of five per cent' stock redeemable in fourteen
years $5000000 of that stock were to be paid to Texas on her ac
cepting the terms of the law ; tho remaining 5000000 wero to be
reserved at the Treasury under the following proviso:
" Provided That no more than five millions of said stock shall b
issued until the creditors of the State bonds and other certificates of
the stock of Texas for which duties on imports were specially pledged
shall first file at tho Treasury of the United States ro-'eases of claim
against tho the United States for and on account of said bonds and
certificates in such form as shall be prescribed by tho Secretary of the
Treasury and approved by the President of the United States."
SomeNUvo or three months since I presented a petition on behalf
of two ladies one of them a constituent which was referred to the
Committee on Finance setting forth that as this law was construed
at the Treasury the Secretary of the Treasury consideted himself pro-
hibited from issuing any portion of that stock until every creditor or
Texas of the class described in the proviso had released the United
States; and thus it was stated in the petition that the petitioners
holding an amount of that stock which made it a matter of moment
to them to receive the money nevor could be paid out of those fivo
millions until every creditor of Texas of that class should file release.
In considering tho subject I did not see any reason so far as it
United States was concerned why they should not authorize tha
Secretary 6f the Treasury to issue that stock as fast as the release
carne in. I am perfectly aware that the State of Texas since the
passage of the law of 1850 has passed an act determining how she
will pay her debt.
Mr. RUSK. It was'before the passage of the law.
'Mr. MASON I am told and I have no doubt coirectly that the
State of Texas before the passage of the act passed a law determin
mg m what proportion she would pay that debt; in other words that
it should be scaled at prescribed rates. I have not felt myself at lib-
erty to enter into the consideration of the subject how Texas propose
to pay the debt. Whatever my opinions may be they are not to be
expected here. She is to determine for henelf upon her own idea
of propriety what to do with her creditors. I have nothin" to do
with that subject. My object alone is to soy that I do nobeliew
he interests of the United States which I am here to represent will
be affected by authorizing the stock to be issued as fast as the releas-
es comf .in; and that is the whole object of the amendment.
t r .? U.rPR' Mr' President I have not now time to say what
I would wish to say upon this subject but I will say one thimr
pretty decidedly that I think Texas ought to bo the administra t"?
of her own affairs; and when the United States undertook to super-
vise and correct her and assume for Texas a responsibility which Z
is not disposed to assume for herself it is the climax of Fedora -s
sumption. "" e
Sir some gentlemen say there is not time to consider this subject
0 hers say f there were time it ought not to be considered on" waV
or the other; but I choose to say that there is time enough to eoZ
aider this in any point of view in which I believe the subject ouX
to be considered and that is to allow those who may be willinc to
receive tho.r money according to the scale of Texas to come n fie
heir releases and receive their money. What objection is there to
fara VirSl" te J6Ct f thC amendmeHt f ' 0nrabI d
TUMii8i"OWnnJ"iuo!i.OD Upon that;and upon what ground?
That by delaying this subject and managing perhaps upon a vcrv
high consideration of political morality- speculation o cour?
1 suppose speculation has nothing to do with this subjeo -the Fed-'
era Goverment is to rebuke Texas by saying to her "You have not
scaled your debt correctly and we will assume to honor a draft whS
Sn lVTe l. pay' on the ground thal you mvc dii you
e ves. That is the amount of t. We have said to Texas Sar
what you owe and we will pay it; and to save ourselves from anr
So 000 000 J'7 ErCa t6r' Wf. -ViH giV yU S5.00000 Pos tiveT a d
SoOOOOOO on certain conditions that your creditors file releases1 "
the manner in wh oh von h c.nj ...... . :0CLU Y0.urielve8 by
- wkhu. .Diuonoining is very certain : and 1 leave tha
B5rSi2E.T? l0 "ay w"'"' liSw
Mr. RUSK. I do not arise for the purpose of protracting this de-
Se eCat th r " lenthened di8cu'si ld haS fnot
defeat the passago of the appropriation bills. '
amendmem r UTd ?f thl8. 8e88ion' the 1uest5on rni8 y that
Son & i b?Ught t0 tht notice of this body by various poti-
H?1.? State of Texas .on that occasional
expressed a hopo that woJ should Have4 a'report from tho conTmTttee ia
S
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Texas State Gazette. (Austin, Tex.), Vol. 4, No. 8, Ed. 1, Saturday, October 9, 1852, newspaper, October 9, 1852; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth81052/m1/4/?q=Lamar+University: accessed June 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.