Texas State Gazette. (Austin, Tex.), Vol. 5, No. 24, Ed. 1, Tuesday, February 7, 1854 Page: 3 of 10
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1851
TEXAS STATE GAZETTE.
and hope our neighbors will notjfccl such a course is it rebuke
to them.
The following mote from Mr. Hampton was received prior to
the issue of the hist Tri-weekly. Wo had then declined pub-
lishing it. The malignant attack of the Times upon his char-
acter as a man and a gentleman leaves us no alternative.
"Washington January 30 1S51.
RTa.t. Scrunv- Dear Sir: Just before leaving Austin I ob-
served in the Stale Times a very ungenerous and unprovoked
attack upon the conductors of the Gazette. You know that it
has been my uniform desire to avoid all unkind personal allu-
sions to the Times and its conductors; but there is a point
beyond which silence becomes pusilanimous. Whoever charg-
es mo with haying levied or attempted to levy "black muif"
or of having taken or attempted to take undue advantage of
any one in business matters or otherwise asserts w7tat he
Jcnou-s to be untrue. The article in the Times should never
have been written by the editor of that paper until he had
paid up two bundles of paper borrowed some time ago and
also paid up an amount due Ihc Gazette oilice'whieh has stood
on the books so long that it has nearly gone out of date ; nor
hhould the article have been published by the proprietor of
the Times until he had first paid over the money collected
"by him long since as an agent for the Gazette and which he
lias promised to pay at various times but which is yet due.
There is a maxim "Do just before you are generous." In this
instance 1 think our neighbors should have been just before
they were censorious.
The bad faith of one in whom I onco had confidence as an
honest business man has involved me in rather.nn unpleasant
position ; but my friends (and my enemies too if I have any)
may rest assured that I will not be long in getting out of it.
Truly yours J. W. HXUPTOK
Bitowxsviin: Jan. 13th ISoi.
EcVs of the State Gazette
Without having any news of much interest to communicate
I will nevertheless send you some notes that may enable you
to form an idea of the "spirit of the times" in this section of
country.
As yet the lino on both sides of the Bavo. continues in a hap-
pily quiet state and our amiable neighbors across the way
keep up their "eternal carnival by dancing gambling serena
ding going to processions slandering one another ljke good
natured friends and asking what is being done-in the city of
Mexico i "
The Magnates of the " Loyal and Heroic" Matamoros pro-
.sided by the Governor and Commanding General Woll have
been since last Saturday holding consultations about the strict
orders received from Mexico respecting passports; and I learn
that they finally agreed not to enforce said orders at present
"but address a note to "His Serene Highness" for him to so
modify' his orders on the subject that they might partially be
executed. It now appears that the peremptory orders from Mex
ico were that the law respecting passports should have com-
menced to bo strictly carried out from and after the 1st of this
month. So that a citizen of Brownsville whose occupation re-
quired him to go to Matamoros five times a week would
haye to get five different passports on this or on the other side
of the river. A non-intercourse law would do as well but then
there would be wo fees to pay for passports.
The United States government continues to send to this line
munitions of war rwhioh fact leads to many alarming rumors
among our neighbors and already they are saying that Santa
Anna is about to sell the adjoining State of Tamaulipas to the
United States. The steamer Comanche left here on the 9th
for Bio Grande City having on board with other freight It)
pieces of artillery and other munitions of war. The steamer
"Mentoria too came up on the LOth from below and the artillery
she had on board was landed at the military quarters in this
place.
hi spite of the law pardoning all political offenders (except
some half a dozen filibusters) which was published after San-
ta Anna's - formal assumption of absolute power on the 10th of
December last his measures are far from being satisfactory to
ties and commenced to figure in the political history of that
country by betraying Iturbide who had been his benefactor
and at whoso hands he had so often received the highest favors.
The very decrees orders &c. he yet continues to fulminate
and each of which is by him intended as a death blow to liber-
ty and liberal institutions are closed with the magic words
God and Liberty! Yes " His Serene Highness" woll knows
the magic power of those hallowed words for when he pro-
claimed the Republic after abusing the unhappy Iturbidc's
confidence his very frequent desecration of them has enabled
him moro than once to dupe deceive betray and hoodwink all
the different political parties to which he has belonged within
the last quarter of a century.
The cold weather and frosts we have had since last Friday
has restored health to our city and the many traders to be seen
in our streets from the adjoining Mexican States has given
Brownsville this present week the appearance of a really busi-
ness place. No news from the upper Ilio Grande and many
here are anxious to know what is being done in Galveston.
GIL BLAS.
Eastern Affairs French Circular.
New York January 23.
The Paris Moniteur has published a circular addressed by
the French Government to all the legations of Franco at for-
eign courts. The tone of the document is moderate but tho
stand taken by the Government is very firm. It narrates the
proceedings with regard to Eastern affairs so far taken and
declares that France England Austria and Prussia have sol-
emnly recognized the territorial integrity of the Ottoman Em-
pire and slates that the affair at Sinope took place against all
preceding intimation Kussia having declared that she desired
only material guaranties ; therefore to prevent the Ottoman
territory and flag from further attacks the combined fleets
have been ordered to enter the Black Sea. Tho circular con-
cludes by expressing the hope that Russia will not expose Eu-
rope to new convulsions.
The papers state authentically that the French Government
is dissatisfied with the evasive conduct of Austria and that a
letter has been addressed to that Government remonstrating
in strong terms and intimating that further secession from the
proceedings of the other powers would be taken as signs of
meditated hostilities and that France would be prepared to
abide by the result. 1 ranco also threatens to extend aid to
Hungary and Italy in case Austria persists in this policy.
It is stated that the Emperor of Kussia has nvcn orders to
the army to make immediate preparations for crossing the
Danube a measure which forbids all hope of the acceptance
of the last note of the four powers.
The latest advices from Constantinople also leave but little
ground for hopes that the pending negotiations will have a
satisfactory result.
The news that the Porte had accepted tho note of the four
powers is confirmed the Sultan stating that he would not ob-
ject to an armistice on certain conditions but he insists upon
the evacuation ot the principalities and the mamtainanco of
the Turkish sovereignty lie consents to the proposition of a
Congress in some neutral city for tho revision of existing trea-
ties and to consider the propriety of further ameliorations.
Extract from the Journals of (ho House.
On Friday the 20th inst. upon the final passage of the bill
to be entitled an act to encourage the construction of railroads
in Texas by donation of land I called for the yeas and nays
and decided that it would require a vote of two-thirds to pass
the bill. An appeal being taken and sustained by the House
I deem it but an act of justice to myself to cause to be spread
upon the journal the reasons which induced me to make said
decision.
In entering upon these reasons I at once Jay down the pro-
position as incontrovertible that the subject of Internal Im-
provements cannot be legislated upon under tho Constitution
except by a vote of two-thirds of both Houses of tho Legisla-
ture. This bill is legislation on that subject and proposes to
augment the quantity or bonus of lands stipulated to the com-
panies upon certain conditions specified therein. If it were
proposed simply to deprive those companies of any privilege
to lessen Or take away anj' part ot the compensation guarantied
tion. These are in part the reasons by which I havo been gov-ernedj-und
when summed upclearly prove a chango in tho rela-
tive positions of tho parties viz: tho State and tho corporators
and in the common mind amount to nothing else than repeal ands'
amendmont to tho fullest extent they proposed. It would bo
strange indeed if this could bo dono by an authority inferior to"
that which has legislated them into being. Again it is my .
opinion that tho act is to bo regarded as an appropriation.-
The Constitution positively prohibits this for purposes of Inter-
nal Improvements except by a voto of two-thirds of-both
Houses of the Legislature. Itdesignatcs neither land or in on oy K
nor any other valuable thing in using tho word " appropria- iff
tion." And it is not to bo disguised that this is ostensibly for' t
the purpose of Internal Improvement notwithstanding it may '
be also liable to tho objection of being for private or individual V
purposes which is alilio prohibited by tho samo article of tho '
Constitution.
It may be said in regard to its being an appropriation that
the lands are not money I What if they aro not? Still they aro
a thin"- of value belonging to tho State and to the extent of
that value are to bo regarded as much its representative as any
other thing belonging to the State a-ropresentativo of its worth v"
and property. Tho bonds in the Treasury or other evidences'
there are not money in fact. Tlioy occupy tho same position
in truth as the lands according to tho worth of the one and j
tho other. Upon all equivalent principle whatsoover'ovidences
of worth and property the Stato is possessed of according to
their real value stand in tho same relation to the legislature
id must havo been alike comprehended uy tno meaning oi
o Constitution. II. R RUNNELS. ' '
an
th
.Tanunrv 23d. A. D. 1 Sol.
YS7HKRRAS. "mi net to prov
J
tho Toat bod v of tho popoulation between the Siera Madre j by their charters it is most evident that such voto would bo
and the Gulf of Mexico. Many Mexicans of standing and i
owners of considerable wealth have already commenced ma-
kin " arrangements to move out of the country with all they
have and settle with their families on this side of the river.
General Woll's forbearance thus far in executing his master's
orders ificonoln&ive evidence Of the little or no aifection the peo-
ple of Tamaulipas have for "His Serene Highness." The so-
beiy thinking portion of tho population men of known influ-
ence and true weight of character apprehend that a less scru-
pulous .ruler will shortly be sent from Mexico to enforce with
less hesitation the Dictator's commands respecting that fron-
Last Saturday's mail from Mexico brought the intelligence
nf ftHiinraVliom'bardini's death and rumor at tho Capitol has it
that he was .poisoned. He was second in command at the bat-
tle of Buena Vista and was allowed by all who knew him to
have been Santa Anna's blindest and most pliant Satrap. He
is the same man who exercised Dictatorial powers after tho fa-
mous agreement of Arroyozarco in February of last year which
clotliedtho present Dictator with absolute power for one year
in case he would make the sacrifice of returning to Mexico and
was the first man in that country to tender the appointment of
" Captain. General of the Republic" to tho now "Grand Muster-
of the National and distinguished Order of Guadalupe"
which he modestly declined to accept. To reward so much fi-
delity immediately after his assumption of power he raised
Lpm'bardini to the rank of General of Division. His Serene
Highness in a Republic sounds more dignified than would the
common placo title of "Captain General."
You aro aware of the many speculations as to Santa Aunna's
intentions to proclaim himself Emperor of Mexico and should
ho be so mad as to do it tho really intelligent Mexicans who
arc lovers of true liberty will havo cause to rejoice. His own
countrymen in that event will play on him tho game ho played
on tho ill sta'-red Emperor Iturbide abuse his confidence be-
tray him and tlien" Oil' with his head." The true histo-
ry of that ill-fated country proves to impartial readers that
within tho last twenty-five 'years no one man has dono as much
as Santa Anna has to corrupt by his measures and policy the
great 'body of tho people at large. Ho has betrayed all par-
required to do so. Because such an alteration or change of
the stipulations of their charters could only be regarded as a
repeal or amendment to its full extent It' then this is true
it must be equally so when it is proposed to grant additional
compensation for tho performance of contracts ahoady agreed
to between the State and the corporators as in this case and
an important condition of such contracts running agair.st the
State in behalf of the corporation on their compliance with
certain stipulations. If a condition runs against there can he
no good reason why it should not also run in favor of the Slate.
Then if it requires a vote oi two-thirds irc. to deprive the
companies of any franchise and the fact cannot bo doubted
ought it not or can there be any good reason shown why it
does not require a like authority to grant extra aid and com-
pensation or confer new and additional privileges? This bill
proposes to do both and oven more by materially altering and
amending an important feature of the agreements already enter-
ed into botlias for and against the State on the one side and the
corporation on the other.
The ninth section of tho bill in one instance prohibits and in
another prescribes a definite period for the alienation of the
lands acquired by the companies under the provisions of this
or any other act plainly extending in its hearing not only to
the present and what is to be but to what has already been
done and acted upon and is now of the laws of the land. The
tenth section in certain specified contingencies provides for the
sale and alienation of these lands regardless of any pre-exist
ing laws to tho contrary by the Comptroller and the disposi-
tion of their proceeds. The bill offers to the corporators im-
mense inducements for tho acceptance of its provisions in
consideration of the surrender of certain rights under their
charters most immaterial indeed in themselves to the FaerilK-
For it is most true that by this agreement the Stato i
to bo tho only loser the corporations realizing all the advan-
tages under tho bargain. As a means of protection against
such a state of things I believe the Constitution has thrown in
our way tho disabilities which I havo derided to bo binding.
A change of contract with individuals must be made in accor-
dance with law tho same as the original contract and so it
should bo with the State under tho mandate of her Constitu-
HGMJa..A.iiB AIPIOW.
... nm in nrnviiln for tho construction of tho Mississippi
unci Pucilic Uuilrond" wns passed by llio Legislature of tho bluto ot t
Voxns. and approved ilio 21st ot December 1S0J wntoli act appropriates 10 any
company who mny construct a railroad from soino point on tlio easlcrn lino of
ilio State not nortli of tho town of Fulton in Arkansas to a suilablu point oufsf
the Ilio Grande at or near tho townofF.l Paso dossing the rivers trinity. Bra- "
kos and Colorndo us near the 32d degree or north latitude us practicable and
put the same in complete operation 20 sections of land of C-IQ acres to thu
section for each mile ot said road unci nlso a right of way not exceeding 300
feot in width along the entiro longili of said road through tho public lands of
.i... t;... .....i ii. n nil ilif. irmti.riiil of overv description on the public lauds in '
the vicinity of suid road whilo tlioy remain tho property of tho btate Jor tlio
uses and purposes of said road in its construction and in supplying it with
the necessary furnitiiro mid machinery lint no tnnuor on uio niienmiu scuuuus
reserved to the Mute to be used after tho completion of tho road oxcopt upoll
the three hundred feet gianted as the rilil ot way. All of the unappropriated v
puulic lands orthu Statu between the Jlst and 3.1(1 degrees of norili lalitudu
and east of tho 10l)d dogieo or longitude west from Greenwich and between
the parallols of 30 degrees and 30 minutes mid 32 degrees of north latjtude and'
west of said I0.nd degree of longitude and reserved from location until tho
truck of said road is selected alter which all of said unappropriated land
within 30 milo on each side of taid road is reserved and so soon as said track
. i . i .1 - nn.w.t;.irv lrr ..ni.l rnnil IS In HIlllM RUlll riSCrVntiOlit
IS locmcu iuu uu 1111)1111 uuiiuiii'.iti .. w. ...... - - -- &
to bo surveyed into sec. mis oi uiu acres eauu gmu seuuuna iu u j'iai
n
m
and those adjoining the roait to ironi ono uino iiiuruuu mm nu muit u.. 0
prevented by surveys made pievious to tho passfge of said net; and when?'
said company shall hnvu coiiiploteilfiU miles of said road they may designate
"0 sections of land for each milo bo completed to bp taken in ultcinato sec-
. ..... ..1...1I !..:-. .... 1. n.l.nw .... n.i... .it rt.ir. .. rr. r w ...nil
lions so thai no two suctions awm jum u.ui uim-i ujw i. " "" -... -
shall be patented to said company or their nss-igus freo oT cost nnd in like
manner for each section until the rend is completed; and in case therois
not sutlieient vacant laud in said reservation to give said company tlio land to
which tlioy may bo entitled they shall receive tho residue in cerliiicntos ot
040 aorcs each which they may locate on any other vacant land ol tho State
at lhe cost of Ihe company o that no two sections shall join except nt ons-
corner; said lauds to bo alienated by tho company one-fourth in six one- .
fourth in ei"lit ono-fourth in ton and one-lourtli in twelve years niter their
selection. 1'he suid act requires thu said road to bo of tho first class nnd con-
structed in the most substantial n tinner with all tho necessary appurtenuncos
locomotives ptsMsnger and freight eais adapted to tlio business to bo done
lhe rails to be ol the best quality weighing not less than Ci pounds to the L
yard; 50 miles to be finished anil put in complete operation within eighteen
mouths after the contract for building thu road is entered into and at least
100 miles to bo fiuMicd and put in complete operntiou in like manner uvory
yenr thereafter until tho whole is completed. When the company continence
receivin" toll on any section of .10 mi es they aro to liavo tlio same at nil
times. iu"good repair and a sullioient number of suitable carriages uiul vehi-
cles for the tniuupbriutiou of persons and property.
Tho company who contract to build said road their associates ami succes-
sors mid those who may become stockholders in said company aro declared
by said net to bo a corporation for tho term of 09 years by tho stylo of tho
Mississippi and Pacific Hailro.id Company with tho rights powers and privi-
lees ncci-Miry for tho purposes of said net urn! not inconsistent with the
Constitution and laws ol tho United St.ites and this Stale. And for the purpose
of constructing a coiiiiuiious railway from Ilio .Mississippi rivor to tlio Pacific
Ocean said company nru authorised to form connections and mtiko agree-
ments wuh other companies and wliuie such companies uro so united by
nr ements recorded in tho ollico of tho Secretary of Slat" thny shall bo re-
garded a's ono corporation wuh all tlio rights und privileges necessary to
accomplish the objeot not inconsistent with tho Constitution ami laws of the
United Mates or any State through which said road may be constructed. Tin-
capital stock ol'said corporation to he twenty millions p( dollars which may
he increased to any sum not exceeding tho entire amount expended on said
road to 'bo divided into shares of 100 dollars each which shall bo deemed per-
sonal properly and may bo subscribed lor issued mid truiislerrtd as may bo
prescribed by tho by- laws ofsaid company. The said company are required with-
in 00 days alter entering into a contract for the construction of siiid road lo .
doposit with thu Treasurer of this State at least 300.000 dollars i gold or silver
or evidences ol debt of tho Statu of Texas or other good par stocks us ft
"iiiiiuiiipo that .10 miles shall bo constructed nnd m complete order for busi-
ness within lightecii mouths Ironi tho date ol tho contract to bo forfeited in '
en si- of liiilureTiind to be returned lo tlio company in cases.iid .Id miles is com.
leted according to tho terms of ilio contract. In case thu coirpany fail lo
make this deposit the contract to lie null and void If thu company fail to
liiiish thu load as speoilh-d in the contract then tho coiuriu-t with tho powers
privileges and ininiuniiie together wi'h such parts ol tho road as may hnvu
been coiislrui'ted. with all its machinery mid nppiirteiiuueus to bo forfeited to
tlio Mate n-serving however to tlio company tho right to prosecute nnd de-
lend nil suits and oghts or liabilities which may havo accrued or been incurred
prior lo wild I'orleiture. Said act uuihorisi's tho rnud to hecon-triictcd through
ill..-lands ofiudividimlii or corporations mid provides tho moilo of making
compel. Miliou ior thu samo not uxcecilmg 3U0 feel in width.
And whereas the stud act mulct's it thu duty of the (iovemor to invito propo-
sals from loinpames or individual for thu construction of said mud lo Ihj
filed in tho ollii'c of tho Secn-i.'iry of State ut Mich time as ho may direel not
later ilmii the ihst of August IhOI. and alsti titukes it his duty to select from
tho proposal that emu which i.i his judgment under nil tho circumstance
of thu i-aie shall oiler tho strongest tissurancus and guaranties that the road
will In nroiiinil mid bitUliidor.ly built according to the provisions of suid
act nil of which will appear by n luforcnceto said act copies of which may bo r
........ ... il... ii;i...u where this advertisement is published. '!
Now thurt'lor". in obedience to tho provi-ions of said act notice is hereby"
given thai proposals from companies or individuals (or tho ooustructlott of
ssiid roud in accord moo with tho provisions of said act and tho laws of this
Mate will be received at the ollico of the Secretary of Mute until tho first
day of JMay li'l fc!'i'l proposals must specify tlio time at which tho work
shall commence thu number of miles to bo finished and placed in running
order within the first eighteen months after tho contract is entered into und
each year thereafter nnd at what tiiuu tho entire road shall be comploitnl to-
gether with thu amount proposed to be deposited in tho 'I roasiiry of this Statu
iicoordin" lo thu lurms of said nut to be forlciled in cao fiO miles of tho load
klmll notlio completed within eigliwou nionhs from tho time of entering into
thu contract. Saul proposals must bu sealed mid directed to the titcretury of '
Stato Austin. Texas und endorsed ' propoals lor tho construction oftho ilih.
Miiippi nnd P.icilio llailroud " A soU-clion from suid proposals will bo iiiude its
curly us pinciicnhlu after the first of May lh.' 1 und tho cnmpaii or individual)
whose proposals inuy.b.-selec ed will bo required lo unter into u cuiilfuul in
accord. nice with tho p'rowsiona ol said net und iliu law of this Stttlo previous
to the first ol June 185-1
..ii.. j iiisiiniunv whereof. 1 have hereunto ret mv hu-.d. nnd mint.
cd ihe great Seal of thu Miilo to bo alllxuil ut Austin this lhih
E M IMJASJ5
aiSteday of January A. I). Jfcfi-1
rf.f . ii i -i . . - .
jiy tno vjovurnor
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'''...rf---- Secretary of State
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Scurry, William R. & Hampton, J. W. Texas State Gazette. (Austin, Tex.), Vol. 5, No. 24, Ed. 1, Tuesday, February 7, 1854, newspaper, February 7, 1854; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth81120/m1/3/?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.