The Daily State Gazette and General Advertiser (Austin, Tex.), Vol. 1, No. 2, Ed. 1, Tuesday, November 8, 1859 Page: 2 of 4
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vrsions of tho net approved August 30 18.' requiring their sale must ho elenr to every one that there are no means within the
John Henry Brown Esq. a gcntlcni..n fully qualified in every reach of tho Legislature at present hy which a thoroughly efii-
respect was upp inted and received his commission on the 30th cicnt fund can ho provided for general distribution without such
of Julv 1858. as tho airent of the State for the performance of an abuse of the taxing power as tho productive interests can not
that duty. HiVroportJ marked "A" is herewith submitted Avell witlistand and which if resorted to will be endured with the
greatest impatience. J have never ..ciicvcu that there was any
validity in an objection to tho annual distribution of the ten
per cent of tho revenue collected "by taxation and set apart to
this object. Under tho present law the interest only is appro-
priated and tho principal set apart forinvestment. 1 1 is worthy
of consideration whether this should not bo changed and the
31000 annually accumulating from the annual taxes of the
people given that direction so plainly intended by tho Consti-
tution. Nearly one-half of tho two .millions appropriated the interest
on which is 'set apart for purposes of education has now been
loaned to Railroad companies and diawn from tho Treasury
undor the Act of September 185G and although secured by bond
and mortgage on tho road beds it is useless to deny the truth
that a feeling of insecurity pervades a largo portion of the pub-
lic mind. This grows out of the apprehension that the com-
panies will not meet their engagements promptly and that the
jjogisiiuuro may ar. some suosequein? punuii ruuuvu muir i-uikii-
from which it will bo seen that tho sales amount to 58523
acres representing a value of $195053 22. I invite your
especial attention to this report so that such Legislation may bo
had thorcon as shall bo deemed necessary. There being no
appropriation available for the purpose I am constrained to ask
tho Legislature to make provision at an early period of tho
session" for payment of tho salary of Commissioner and inciden-
tal oxpenses attending the sale. Pursuant to tho act of 30th
August 1850 tho last Legislature passcd'an act approved 11th
of February 1858 establishing tho University of Texas
and it now only remains for tho Legislature to take such final
action upon tho subject as shall bo thought proper. I do not
deem it necessary to remark further cither upon tho object or tho
advantages to be derived from tho location of this Institution in
our midst after having discussed the matter so fully soon after my
induction into oflicc. If I did I should seek in vain anything
more appropriate than is to be found in the report and preamble
to thoactot the last session Wliothorthopresontshall bo deemed
a lit occasion lor tho permanent location ol tho Institution must tion and litially under tho pressure ot combinations relinquish
of course depend upon tho discretion of the Representatives of both principal and interest to tho corporations. This approhen-
tho people who arc presumed to reflect most accurately their sion is strengthened by tho example of other States in n'&imiliu
will. If however tho time should bo deemed premature and a condition as well as by the past action of our own Legislature
further postponement determined on then it is to bo hoped no both of which afford sufficient premonition of the danger to be
rash means will bo adopted blighting its prospects and disap- incurred. It is a fact not to bequestioned by any discriminating
pointing the hopes of those who have ever regarded tho subject and informed mind that tho influence of tho corporations is
with bo much anxiety and concern. "With sincere and heartfelt greatly on the increase and that perhaps it already exercises a
regret 1 have witnessed feelings of mutual and sectional hostility more con;rolling efl'eqt on the legislation of tho State than all
springing up in the minds of persons of different sections. However others combined. Viewing the subject in this light myself I
unjust in their causes and pernicious in their effects. If they feel it to bo my boundon duty to recommend if posbible some
havo bepn predicated upon views of economy they are alike measure which .will prevent by any possibility the occurrence of
erroneous and unfounded because the chief property of the such a calamity. No other presents itself to me than an am end-
Institution consists f land set apart located and surveyed by menfc to the Constitution piohibiting the interposition of tho
tho authorities of the late Republic of Texas and which I lie Legislature for their relief. This is a qucstiou which appeals
Stato now holds in trust for this specific object; over which her so directly to every feeling of self-preservation and duty to
authorities can rightfully exerciso no other control than to pro- every sentiment of philanthrophy patriotism and justice that
vido for its faithful application to tho object for which it was 1 can see no good reason why it should not bo submitted unhesi-
sot apart. It is not tho property of the State except for the tatinglyAo the people for their action. It is true the corporations
uses and benefits ror which it was appropriated. Again tho may oppose it but surely they cannot bo sufficiently strong thus
establishment of either tho ono or of two such Institutions as early to exert a controlling influence over tho action of the Leg-
was originally intended does not necessarily depend upon the islaturo on this subject or to endangor its adoption if submitted
appropriation of a dollar from the Treasury. The original fifty by that body to tho people. In conclusion of this important
leagues of land set apart for the purpose by the Texas Congress
might bo considered ample under wise and provident Legislation.
of their
they would now 'realise near eight hundred
Taking tho sales ot the past year as a fair estimate
avorago value they would now 'realise near eight
matter I have only to add that if it be deemed worthy of con
sideration it should not be delayed beyond the termination of
your present session.
The subject of internal improvements and especially that
thousand dollars : and thero is every reason for inferring thu t branch of it which relates to tho building of Railroads con
within tho next five years those remaining unsold will receive funics to increase in importance and will do so until the wants
an accession to their present value of not less than twenty-five of our varied commerce and agriculture shall have been supplied
(or perhaps fifty) per cent. But in addition to this when it is with the facilities of ready transportation to muiket. Coutinu-
remombered that at the last session-of the Legislature thero was ously and in regular progression for tho past six or eight ycais
superadded evoy tenth section of tho lands reserved to tho Stato private interests havo from different motives become involved
surveyed by Railroad companies thore cannot remain a doubt of until there is now good reason for the opinion that there are few
tho future sufficiency of tho land for any object falling within counties in tho State some of whose citizens aie not directly and
tho scope and purview of the Institution. As any action which personally interested in some one or other of the Railroad
may bo taken this session will probably be final I invite your schemes projected in different portions of our Stato. These in
most earnest attention to the question of establishing one or two connection Avith tho fact that tho State is representing in her
of these Institutions hoping that whatever may bo determined behalf the whole people and upon certain prescribed conditions
upon will redound most to the public advantage and at the same is become the greatest contributor should afford sufficient incen-
1110 secure tho fullest measure of satisfaction. tivo to induce your most calm and deliberate consideration of
In taking leave ot this subject I cannot forbear expressing the the whole subject.
opinion that thero is no cause of conflict between the respective
advocates of this measure and those of common schools. Thev
wero both provided for by tho Congress of tho Republic and
While I can without compromising any former opinnion invoke
every reasonable aid calculated to promote tho advancement of
the infant and struggling enterprises winch are so soon it well
neither of thorn lvaveMluditoireoovw to constitute thq groat leading arteries through which
tiwuom-incoraMj uoverumi!in.-iii uiuiuot uu uuuuvuu max nil our commerce is to now I sliouM bo wimth.gnoCVcry sCrtSCTOr
thiB has bnen done without some fair understanding which was duty if I did hot again warn the Legislature of tlu consequence
observed by tho Convention which framed our present Constitu- of unwise and improvident legislation in relation to thorn. This
rtionjn providing.that each now county formed thereafter should has been tho fruitful cause of unnumbered evils in the past and
be entitled to tho samo quantum of land as tho old and ono- its continued repetition will necessarily involve new and per-
tenth of the annual rovenuo collected by taxation appropriated' plexiug complications to those which already encumber tho
Uo tho purposes of common school. If thero has been any subject. I have most earnestly to advise tho adoption of
-adyantago given pr partiality shown by tho Stato Government all prudont and just measures for the protection not only of the
b is clear to) which it has been shown without going into detail public but of private stockholders against abuse of privilege
Itdt sufficient that good policy bo observed and that justice bo and imposition by their managers. That this does exist in so:ne
'dono. Tho Stato occupies the relation of trustee to the property instances in a manner culpable in the highest degree disreputa-
Jof.'both; each alike present sufficient claim to her justico and bio to the Stato and injurious to the honest payingand legitimate
consileration. Then lot not hor faith bo tarnished by.adiversion stockholder carrying along with it the never failing consequence
-ofi'tho property which belongs jto one to the other ; a measure of disappointment and distrust is too patent to require the
-which will bo sanctioned by no principle either of morals' or law. introduction of 'proof for confirmation. The adoption of measures
iQ.b.6 feelings engendered by a controversy botwoon theso interests for its correction and future prevontion can by no possibility
-if .fomented by tho Legislature will result in disaster and odium whatever result in injury to such companies as have by legitimate
to both and possibly involve tho consequents of that system of effort and fair dealing entitled themselves to support arid confi-
cJasfcLegislation which was guarded against with most assiduous deuce. This policy is calculated to forearm and strengthen and
yxutoi bysuts framors 'and is more to bo deprecated than any other not to destroy those that arc or may ontitlo themselves' to any
ari8irig'under tho government. . measure of public justico ; for without confidence no corporation
! . lt l7l ji.i ! rlnrmwtn KAliftnld 1 .-..ml. v 1- ..- ...1!.. i... 1 . i T 1 1 1 1 1 . .....'.. . .
rt' wm Djobwm ui'uiuihuu ouuuuia
though
not extending its
can lone exist. JSor should thev hn nrinif.P.r tn-An an rl.ml.
-advantages as thouroughly as could bo desired for want of once to law should bo tho indispensable condition and if it is
adequate means approximates us nearly to tho attainment of not tho policy to domand "indonmity for tho past" it should at
-thd(end' desired as any that could bo established in a country so least be to requiro " security for tho
'sparsely! populated and undeveloped as ours. From tho report most binding restraints are tho only
future."
Tho
strictest and
oiuy means ot reaching sucli as
-oi iao xrousuror anu ex-omcio superintendent it win bo seen abuso the trusts confided to thorn by perverting franchises with
fhn..vfnf rilfm -Tnr nnniinl rliatriliiitr..i niiiniinfu In 311Qi;nnai ..1:.1 i 1 !... . 'i..i i9- . . .
u i if V- ix i o """"u;0 kU v-j-"wv .Yinuu muy uitvg uueu uu luiupuruniy anu. conuuionauy invested sig
iiiuuiuiM'HunuiiM iju .uiuuuuioi mo ocato to J.U1.U01 in num- to private instead nt rm 1 r. iiirirms fnv wl..li fV... ... .!...
- 1 ' -.- ... - . ..wcsvui v i-itiwii. WAW lliU 1LLU1IU
upon a question of forfeiture arising under tho provisions of tho
Act to encourage the construction of Railroads by donations of
land. The first mentioned was tried by the District Court of
Harrison county at the Spring term A. 1). 1859 and decided
in favor of the Company. That decision hns been reversed by
thu Supiemo Court upon points of law clearly showing the right
of the Stato to prescribe and enforce such measures of regula-
tion and control as the public interests may at any timo require.
I have no official information of tho result of tho suit upon a
rehearing of the case before the District Court. 1 1 is reported
to havo been again decided in favor of the Company. 1 am
however satisfied if the proof could havo been made and public
justico had been done tho result would have been different.
The history of that Company with its multifarious abuses has
reflected discredit upon tho other enterprises of the Stato and
done injury which it will bo impossible to repair. Tho decision
of the Supreme Court debarred tho issuance of further instruc-
tions from this office. In that of the Houston & Texas Central
Road it was intended if judgment Wl been rendered in favor
of the State to have suspended its execution until it had been
ascertained whether tlio Company had complied with tho pro-
visions of tho Act passed Feb. 4th 1858 granting them an
extension of time for tho completion of tho second and third
sections of tho road and if complied with th'n to exercise the
power of remission with which tho Executive is clothed. The
provisions of the lnv have been complied with and the suit
directed to be discontinued upon payment of costs by the Com-
pany. I fully concur in the opinion expressed by tho State Engineer
in his report "that. ho State should have some controlling
influence in the administration of the companies affairs" and
invite attention to the suggestions made on that head. Whether
these will lie sufficient may admit of some doubt. The Stato is
a contributor to the 3xtont of fully one-third of tho legitimate
cost and value per pile of almost every one of these improve
ments besides lendng to the companies over one-third ot tho
co.t of construction The whole people of the State aro there-'
fore much the mow largely interested parties and tho .niestion
arises if it may no) be proper for their interests to bo represented'
in tho Board ot Jj rectors by appointment of tho Executive or
a limited numboiyiindcr biieli rules and regulations as may bo
provided by law. It is not assumed that this could bo dono
without the consort of the companies but as a condition to amend-
ments asked by ticm (if deemed advisable) the object could bo
effected. I must again repeat the assertion that the imposition
of additional coalitions and safeguards for the bettor protection
of the honor and interest of tho public whenever they may be
required aro by 10 means intended to act prejudicially to thoso
deserving of pu'dic favor and need bo attended with no such
consequences ; 'ind I respectfully urge the removal of any such
coudiiions with which companies may be encumbered not found
to promote thai object.
In consequent of tho death of tho late State Engineer Mr.
AVm. Fii:i.ds oi the 9th Sept. 1S5S I appointed Capt. E. F.
Gkay to fill tie duties of that office until a successor should be
elected. I ceil attention to tho suggestions of his very able
printed reporfcbofore you. In the death of Mr. Fiklds the State
has lost a g)od and useful citizen who from his long public
service had von the esteem and confidence of many friends
throughout tie entire State.
Under tho law approved 10th Feb. 1S5S authorizing and
lequiring theappointment of a State Geologist I succeeded after
some unavoidable delay in procuring the services of Dr. B. F.
Shumard tlen engaged in the geology of Missouri who received
his commissbn on the 30th day of Oct. 185S and immediately
entered upai the discharge of his duties. From the acknowl-
edged importance of this survey to tho State I deemed the
selection of this officer a question of paramount interest. I feel
that thorcii's not onlv cau&c. of tUo. lugUoot oniiolhotion but of
-coHgra-uiatTOT at the success of my efforts The eminent
repulationor attainments Dr. Shumard brings to his aid in
this survey united with '.is assiduity and perseverance
of character offer the strongest assurance of its success. I can
say scarcely less of his able and accomplished assistants
Dr. George G. Shumard and William P. Riddle whoso leputa-
tions are s well known to tho history of science throughout tho
entire soiitii west.
Tho tine has been so short since the organization of the corps
was competed that a report containing very general and satis-
factory rofiilts is not to bo expected; but I am informed that one
showing tie progress of th6 survey from the period of its organ-
ization to the close of field operations the present season will
bo submitted to the Legislature early in the session. The report
will comprise an outline of tho work done together with a sum-.
mary of lhe most important results.
I respEtfully refer to estimates of tho Comptroller for appro-
priations which will be required for continuing tho purvey and
recommend that they be made.
Agreeably to tho provisions of tho act of February 13 185S
authoring the Governor to procure a sot of standard Weights
and Measures to bo deposited with the Treasurer ; such standard
has boon procured from tho U. S. Government and is now in
charge of that officer as directed by law. Through tho agency
of James B..Shaw Esq. Comptroller a contract was mado with
Mr. Henry Trocmner of Philadophia for fifty sets of thoso
mtonaea tor the use oi tho counties fifteen of which were con-
t bet jwfciolvit. distributed por capita would bo but 112 to each entrusted. 'In the absence of theso where speculation is tho
rtJytMneudmeiit to tho general law; passed at the preceding ses- moving cautfo overy motive of fulfilling tho object of their crea-
jBionjuu-iiiui-uugiMiuture uiu mouo oi uistrioution was cnangeu tion will be rendered subservient to that alone. Promises will
? r mo.n.ies. dlrcctly applied to tho popr and indi- continue to be mado building up public expectation but to bo
-ge&tb; ifand if this class does not now receive the benefit broken leaving them to languish in hopes deferred. Tho most
bfbiita.'j disbursement lgnoranco or wilfulness can bo the approved commentators havo taught that corporations undor the
-onlyi'cauao .1 can seo no reasonable objection to a conliuu- best regulated systems are great though sometimes necessary
-adoo otkthis plan for tho present and at least until tho sum for ovils and will it not bo mostunwiso of thoso who knowing will
idiEibuAfemcntl shall havo beon largply increased. Tho foundation not profit by their teachings. Our own Supremo Oourt"lmvo
lofidho-Bystom reals m tho pohey of piovidhig tho mqans of edu- ducidod that tho authority having tho right to create has also
-cation! foil' tho dopoudont. and indigent and although strenuously that to control ft is with you to say whether this shall bo dono
.objebred.t6by. thoso most urgont for the early inauguration of Tho remedy is in your power : it rests in your hands. It is yoii
ttheisYsteun thisplun has boon founiL from tho experience of two who oin'mnko and unmake who can grant and refuse at pleasure
Byohr3-to.ba'-tho only ono from which practical and beneficial but tho pooplo our common constituents. the representatives of
.iresultsjartofbo expected. It is not for thoso who aro ablo to whoso honor aud interests you in part aro expect that tho pre-
.ritovulejfdrliho education of their oiyn children to object binco rogatives with which you aro invested will bo exercised with
otttfhnoaufc- bjvwluch it is maintained have beon Bet apart by the wisdom firmness and impartiality regardless of evory privato
loQpstibLtlon aud subsequent law without the imposition of any and personal consideration for tho public weal and for that onlv
-ll.UMfliurr.nnn minn flin unnnln Viw ifa . 1 r. ..... . .! xl. .- :. : -nr1 ii i iV . ..il . . ..... ""V
iuy own uiuy on mis suuject without lavor and without regard
to consequences has been porformod. I informed' tho Legisla
ture when 1 assumed my official responsibilities that I should
neuto vm. M. Freeman of Jefferson. Cass c'onntv : twnntv
E. B. NicllolS & CO.. Of Galveston tnn t.n "Maseru TCnnrrlin fe
cr of Port Lavaca : and fivo tr Rf.Pi1.oi. Pmim nf TiiV.u.n
' i ..............
uowiiouruicn. upon tuo people lor its support: and theso it is
Hoped will not bo resorted to by this or any future Legislature.
vab moueasoiot taxation for this purpose would bo not only use
to
Walk
villo. for distribution.
1 ho limited fund appropriated by tho Legislature not admit-
nig or a contract for a greater numbor at oco time I proposed
to extend tho contract for additional sets-as the returns for theso
should jomo n until each of the organized counties could bo
snppliel. Tho orders not having beon delivered as early tho past
year as was oxpested and tho returns having come in so tardily
tho present season the fund has not he'en reimbursed as was origi-
nally Mtcndod in order to carry out the intontion of tho law;
but twfnty-fourcountio. having mado the required returns to
tho Conptrollcr's Office down to Juno of the present year. I
recomaend a continuation of tho appropriation until all' of tho
countis shall havo been supplied on similar terms to thoso which
have Jtfrfcndy received them. 'For Author particulars I refer to
accoimanying letter of instructions marked B " addressed to
Chioi Justices and consignees at tho points whore they were to
bo delvored.
It; rill bo observed from tho report of tho condition of tho
ilJp6iUtiiopipos8ivo and unjust.'; useless because in pufsuif of an
build iiuiiriiiipjrac ticablo theory which an increase of the present
Icvaioibi i taxation three-fold would not accomnlish in our nmsmit
i.i.r. .i . i o ... . .... '----! -" l" wvi-.u-.w
jaaoamnatgoograplucal condition ; oppressive and unjust becauso requiring their annual
owo-i.Htuw.uHi.H manner oi us collection ana distribution. It their charter
-okj ..u jofia ' i. - ' ;
endeavor to oxecuto tho law asainst suoh as were found disre
Harding it. Two suits hayo boon instituted ono ntrainst tho
qii thorn Pacific Railroad Company (for disobeying the law
Penitentiary that a dobt has been contracted lv f.l.n instf.if.n
in iti iui1n.n n - 11l; 1 . l .
w i u-iwwou oi iiuunionai machinery lor tho manufacturing
taUishmont. TIiir lwpnmn iM..iMt ft.. m. .. . i
JOriOt Operatives wllO WOrO without nrnfif.nhln n.rmlmrmnnf
ExWionco had shown that tho operatives could not be so profit-
in
es
her
iir annual report and otlnr causes) for forfeiture of nbWeraployod at any thing else ; aud therefore at the urgent
jand another against tho Toxas Central .Railroad . anBunited solicitation of tho board I 'sanctioned tho measure.
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Marshall, John. The Daily State Gazette and General Advertiser (Austin, Tex.), Vol. 1, No. 2, Ed. 1, Tuesday, November 8, 1859, newspaper, November 8, 1859; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth78386/m1/2/?q=%22~1~1~1~1%22~1: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.