Tri-Weekly State Times (Austin, Tex.), Vol. 1, No. 48, Ed. 1, Tuesday, March 7, 1854 Page: 2 of 4
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Pacific Railroad never can bo made the
hobby of: any one man.
I shall A'otc for everything that will
tend to place this measure properly be-
fore the House so that each member who
may desire- it may participate in debate'
"and give their reasons for voting for or
against the bill. And I wish before my
name is put upon record as voting upon
this measure as I am responsible to my
constituents and to the country for the
vote I shall cast that it shall bo made as
perfect as possible both in principle and
in its detail.
To supply the defects of the prcsont
one. I cannot trust to the contingencies
of a future bill. To lorco mo to DC re-
sponsible for that bill with all its defects
and deformities is most unjust it is
most unkind.
I shall therefore vote in favor of the
niotion to reconsider.
After somo discussion of points of or-
der Mr. STAPP said A minority upon
this floor has rights. Under the rules
they can bo suspended bV a two-thirds
majority buttfllo' hope they will not be
inMrs case. double- gag rule is now
proposed to bo imposed upon us.
Mr. BOURLAND As to the gag
law and everything of that kind it will
be recollected that I did move tho previ-
ous question. And the reason why I did
it was this. The gentleman from Walker
made a few remarks and submitted his
amendments which were immediately
laid on the tablo by a largo vote. I did
not vote with the majority then. I was
perfectly willing that the subject should
be discussed. But when those amend-
ments wore laid on the table by such a
vote it appeared to be the will of the
House that amendments should bo cut
off and I consequently went m tor the
previous question. I think a majority of
the House should govern a vote.
Aftor some further discussion on points
of order a motion to adjourn had been
made .and lost tho vote was taken on
tho previous question.
Air. STAPP moved a suspension of
tho rule that Mr. Moore of Polk
might give his reasons.
Mr. MOORE of Polk I wish to
know the position I occupy. I owe it to
myself I owe it to those I represent on
this floor to insist on what I conceive to
be my rights as a member of tins Hqujo.
I aslc no"privilcges but those guarantied
to' me as such.
The Speaker decided tho motion out
of .order.
-Mr. TRAVIS said I am debarred
the privilege of giving to the House my
reasons for voting as I shall on this occa-
sion. I ask leave- to bo excused from
voting.
Tho Houso refused to excuse.
JDwoto NO.
Tluvinan quostion was ordered by a
voto'ofr-58 to 20 ; And tho bill was passed
toia third reading by a voto of 61 to 10.
Thuksday Dec. 15.
Mr. WILEY having the floor apoko
as follows :
Mr.iSpoakcr My position has been the
subject of much misapprehension as well
as much misrepresentation on the part
ot those who havo tolt it their duty to al-
lude to my provious remarks. I there-
fore think it duo to myself as woll as to
tho side I havo supported in this discus-
sion to sot myself right upon the Con-
stitutional points in the case. Several
gentlomon have attemptod to controvert
attempted I say for I do not concoivo
thoy have dono.it successfully the po-
sition j which 1 took at tho outset that tho
Constitution proventod the legislature
from investing this fund. I still main-
tain! tho same position and as I under-
stand tho Constitution tholog:slatuvo has
no poweV' to mako this or any othor in-
vestment of tho fund. And I shall in
ijnrcojirso of niy remarks take occasion
to allude to tho points mado by the diffbr-
ontftgoiitlomon who havo discussod this
In jthjg first place sir it was statod that;
took mo position broadly that tho Con-
stitution did not contoniplato that tins
fund should bo sot apart previously to
the (establishment of a systomof common
schools. I expressly laid down tho pro-
position in the outset of my rem-irks that
tho legislature had tho constitutional pow-
or to sot apart this money. I did not
deny that wo had tjio ppwor to sot abart
tho mouoy (not howovor under tho sec-
ond gqotion of tho tenth article) but un-
der thowfirst -section. Audi think my
construction of the Constitution is far
morq'favorablo to this stdo than the po-
MV
The
swer to my argument is not at all appli-
cable. This debt if a debt against the
State at all is a debt created by the
Constitution itself independent and
outside of any legislation whatever and
therefore it is not at all in conflict with
that clause which says that the aggregate
amount of debt contracted by the legis
lature shall never exceed 100000 ex-
f i 1
sition which they take themselves
second section reads as follows :
" The legislature shall as early as
practicable establish free schools through-
out the State and shall furnish means
for their support by taxation on proper-
ty : And it shall bo tho duty 'of the le-
gislature to set apart not less than one-
tenth the annual revenue of the State
derivable from taxation as a perpetual ccpt in case of war to repel invasions or
fund which fund shall be appropriated suppress insurrections. ( The distinction
to tho support of free public schools and is clear. This then is a charge made
no law shall ever be made diverting said against the State by all express provision
fund to any other use; and until such lot the Constitution itself when the fund
time as the legislature shall provide for' has accumulated beyond that amount
the establishment of such schools in the ' and no man will deny that it was in the
several districts of the State the fund ) power of the framers of tho Constitution
thus created shall remain as a charge to make that provision ; but they intond-
airainst the State passed to the credit of i cd to restrict the legislature from con-
kj '--
tho free common school fund."
Now I still contend for the position that ficd $100000.
tracting a debt beyond the amount spoci-
that section provides for the establish
ment of a system of free common schools
throughout the State and at tho same
time provides the mode in which the means
shall be furnished for their support by
taxation on property. But I apprehend ' what kind of a trustee i
if there is any clause of tho Constitu-! State is not a trustee by
. .. -.. -
tion under which this measure can be
brought in it is under tho first section of
the tenth article :
"A general diffusion of knowledge be-
ing essential to the preservation of the
rights and liberties of the people it shall
be the duty of the legislature of this
State to make suitable provisions for the
support and maintenance of public
schools."
It is under .that provision that
fund can be set apart.
Now Mr. Speaker lot mo call the at-
tention of the House let me solicit a close
scrutiny of tho language in order to as
certain what the tramors or tho Consti
tution meant by these provisions.
This fund then Mr. Speaker by virtue
of the authority of the Constitution re-
mains a fund in the Treasury of the
State and the State becomes a trustee
for that fund to a certain extent. But
the State? The
her legislature
with all the usual powers of trustees for
the purpose of loaning and investing mo-
ney. She is a trustee for the preserva-
tion and application of tho fund but has
no power to invest or loan it under the
Constitution. Then I say the State is a
trustee fortius fund without tho power
of loaning'or investing it. The framers
of the Constitution did not choose to in-
I vest tne legislature ot tnc state ot Tex-
this ( as with so dangerous a power lest through
the recklessness ot future legislation they
might hazard the existence of the fund
itself. It was a provision of extreme
caution intended to preserve the fund as
a. perpetual one. Because had the legis-
lature been clothed with the power to
It is made tho duty ot the legislature I loan it exacting only such security as
under the second section of the tenth ar-' that body should think proper the fund
tide to set apart not less than one-tenth might at any time take wings and fly
of tho annual revenue ; as what? As a ' away and the whole provision nullified.
perpetual fund. Well what next ? The intention was not to put it in their
"which fund shall be appropriated to the ! power by any means whatever to dissi-
support of free public schools." The i pate and destroy the fund itself. "Which
appropriation or this fund is made by i fund shall bc appropriated to the support
the Constitution itself. Whenever the
legislature makes the appropriation then
that appropriation takes effect by virtue
of the provision of the Constitution :
"which fund shall bo appropriated to tho
support 'of'frocvpublic schools." Now I
lay down this position as a legal propo-
sition that when the Constitution says
that a certain fund shall be approoriated
by tho legislature for certain purposes
that excludes any other appropriation at
all : that the legislature has no power
under the Constitution to mako any oth-
er appropriation than that expressly de-
signated by the Constitution itself. I lay
it down as incontrovertable that there
can be no appropriation made of this
money except to "freo public schools ;"
and "no law shall ever be made diverting
said fund to any other use." Then I
hold that the legislature is restricted by
the express words of tho letter of the
Constitution to this specific appropria-
tion of this fund and that this legislature
can make no law diverting this fund to
any othor use. What does it further say ?
of free public schools ; and no law shall
ever be made
diverting said fund to
any
.i Ji mi r i . i i ii i
otner use. June iuna itscit snail do ap-
propriated to the support of free public
schools not tho interesjl .the fund.
Gentlemen may say that this is an in-
convenient and cumbersome Constitution.
They may say it was framed at the time
when progress was not known; that it
acts as a shackle upon us ; that it binds
us down hand and foot and prevents us
from moving. If so there is a mode for
changing this instrument. But let us
not ride over it rough-shod when we
find any of its provisions coming across
our path or standing in the way of any
policy we may wish to pursue. Tho de-
sign was that there never should be a
surplus of money in the public Treasury
over what should be absolutely necessary
for the wise administration of affairs of
State. It was not contemplated that we
should have money there for the purpose
of being loaned out to Tom Dick or Har-
ry. It was intended that where not re
quired in tho administration of govern
"And until such time as tho legislature ment it should remain in the pockets of
shall provulo tor the establishment ot i the people wlicre.it proporly belongs
such schools in tho several districts of i It was not intended that tho State should
the State tho fund thus created shall re-1 be made a loan office for the purpose of
main as a charge against the State pas-1 negotiating railroad or other securities
sed to tho credit of the free common I Hence the provision that "no monev shall
school fund."
The gentloman from Harris in reply-
ing to my romarks of yesterday said it
was suicidal and destroyed itself; be-
cause so soon as tho fund should bo ac-
cumulated boyond 100000 that would
bo a dobt against tho Stato. Why sir
this is a chargo not croatod by tho legis-
lature. This is a chargo against tho State
madoby virtue of a provision of the Con-
stitution itself and therefore it does not
tall within the range of legislative disorc-
i i ... n ii . m i
ue urawn iroin tno xreasury out in pur-
suance of specific appropriations mado by
law;" nor appropriated "for a longer
term than two yours except for purposes
of education;" nor appropriated "for
private individual purposes or for pur-
poses of internal improvement without
the concurrence of two-thirds of both
houses of the legislature."
Now tho argument whi6h 1 made the
othor day was this (and noitlior of tho
gentlomon supporting tho opposito side
tion tit all or legislative power. It is an i have attempted to answer) : that ther
express provision for tho accumulation of 1 was no way under the heavens by whicl
L t A t .
that provided by tho Constitution itself.
Mr. PALMER : The framers of tho
Constitution wore then actually doing
thoiuselvcs the very thing which thoy pro-
hibit tho legislature- from doing; and
consequently thoy could not havo meant
any such thing.
Mr. WILEY resumed :
Tho framor.s of tho Constitution woro
tho direct representatives of the people :
thoy had in them all thc.pow;er iuhoront
in the pooplothcmsolyestq create a debt.
1 make tho distinction and lioneo Ids' art-
remarked when mouoy is appropriated
it is sot apart for a particular use abso-
lutely ; .and tho party entitled to draw
tho monoy undor the law appropriating
and sotting it apart tq the particular uso
must draw it in pursuance ot and by vir-
tuoof tho hi sotting it apart; and there
is no other way by which monoy can be
drawn from tho public troasury at all.
Then Mr. Speakor I insist that the ar-
gument I made on yesterday is yet un-
answorod tjmt is that if'this inonoy.jis
nnpvpprly loaned by tho StatoaiuOost;
it will be indirectly creating a debt in
conttavcntiaii of the 38d section of tfic
seventh article of the constitution which
provides that the aggregate amount of
debt contracted by the Legislature shall
never exceed the sum df 100000 dollars
The argument must therefore bo unsound
which Mould enable the Stato to create a
debt beyond 100000 dollars. The ar-
gument must be unsound which operate
to destroy a distinct and independent
provision of tho constitution ; for it is a
settled rule of construction that every
provision of that instrument must be so
construed that all the parts thereof
should stand if possible. I wish to bo
understood I say that if it is conceded
for the purposes of the argument that
the Legislature has the power to loan
this fund when once created or to in
vest it m the more delicate language of
gentlemen because there is no express
prohibition then I say that if it exerciser
that power and the fund is lost that the
State is responsible to those beneficially
interested in that fuud to the amount of
it; and that responsibility is to create a
debt against the State beyond the amount
that the Legislature has tho constitution-
al power to create.
I am somewhat surprised after 'the
many complaints of tho latitude taken by
gentlemen who have chosen to array
themselves upon the opposite side of this
question that tho gentleman from Har-
ris should have taken such a range in
his remarks when last addressing the
House lie even steps aside to arraign
gentlemen for imputed political opin-
ions having no reference whatever to
the question before tho House ; and
thus by exciting prejudice on irrelevant
issues to escape tho force of arguments
which he is unable to answer. lie hopes
by raising tho cry of "stop thief"
against others to direct attention from
his own scheme of getting the money out
of the public treasury. In regard to my
own political position I have this to say
for whatever political opinions I may en-
tertain I am responsible to the country.
My political associations I have never at-
tempted to conceal or deny nor will I
at any time attempt to assume the livery
of heaven to serve the devil in. What-
soever I am shall ever be made known.
My political opinions have never been dis-
guised and I hold myself responsible at
all times for their correctness: and if
they are not correct the gentloman will
occupy his time much better in correcting
them and showing that they are wroiK'
than by consuming the time of the House
in attempting to arouse prejudices instead
of answering arguments).
But taking the word "appropriation"
in the other sense to wit that it may
mean a loan of the money to railroad
companies that the loan of the funds
in the treasury is an appropriation in
the sense of the constitution; although
I contend such is not the strict mean-
ing of the word nor its proper con-
struction and for tho sake of tho argu-
ment admit that the Legislature may
loan the money out of the public treasury
it would bo an appropriation of that mo-
ney under that sense. What does the
constitution say ? "No appropriation
for private or individual purposes or for
purposes of internal improvement shall
bomade without the concurrence of two-
thirds of both houses of the Legislature
nor for a longer period than two years."
Then I hold that taking the word in that
sense it would require a vote of two-
thirds of both houses before that appro-
priation could be made beforo the mo-
ney could be loaned ; and that it could
not be loaned for a longer period than
two years. Such Mr. "Speaker are a
fetf of tho constitutional difficulties that
beset the path of gentlemen who wish to
loan tho school fund to railroad companies.
Stopping- the Echoing ov Halls.1
The new Capitol of Nashville Tenn. re-
verberated sound in such a manner as to
destroy tlio use of tho Legislative Hall
whore tho voice of a speakor revorborated
like that of a noisy crowd. This has boon
remedied bjr spreading a thick layer of
sand dust on tho floor covering it with a
heavy carpet and curtaining the windows
with thick curtains. A similar defect in
College Hall Cincinnati was remedied
by covoring tho walls with canvass.
&eien t ific A m erican .
- -
jijsSTho Brenlmm Enquirer says corn
is worth 1.25 and potatoos $4 per
bushel at that place.
jR Thero is no flour in our cityV
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Ford, John S. Tri-Weekly State Times (Austin, Tex.), Vol. 1, No. 48, Ed. 1, Tuesday, March 7, 1854, newspaper, March 7, 1854; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth78438/m1/2/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.