Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1870-03-05

IFrPsrri sad will be subailiei 10 Con
grsss ,mmsiialsly, Ia Publishing il, the
Galysstoa Bullsliu has tie following very
correct remarks
The proposition now is that
Congress shall set aside these eaus-
os-expurgate the Constitution, and
give us the abbreviated copy, We
say "noi" ard We say il for two
reasons. First, wo have q weak
fondness for the idea that the peO-
pie, not Congress, should mako aud
unmake Constitutions, This is an
old republican notion, not much in
fashion now, still il is Quo wo lIko,
aud therefore We prefer TO have tho
Constitution remain as II is until
the people can get an opportunity
10 try their hands with altering,
which, however, cannot be long,
since il is already evident that the
new machinery for county govern
mont will not work. Under these
circumstances We think il safe TO
wait awhile, and let the people alter
their own Constitution. IN opln'
ion that we are still further con
flrmed in by tho report Is, that n
horde of greedy cofmorants are nj
Austin, pressing their schemes,
There is no use OF denying that
there "a II suspicion of rasrality
&Broad in tho community. There
is II belief that all is not so fair ms II
seems. There is also n belief that
these enterprises bought votes in
the Convention, and there is great
fear that they will buy them again.
"For these reasons, while wo ia-
vor assisting railroads with lands,
wo hope that Congress will accept
the Constitution as it is, and permit
us to do our own altering.
MEMGElAL.
To the Honorable Congress Of the United
States;
The undersigned, members Of the
Legislature OF tho State of Texas,
and citizens thereof, would respect
fully invite your attention to the
following subject:
In accepting tho Constitution of
the State presented for your attcn.
tion, they ask that sections $, 6 and
T of article X be excepted and
stricken from the same. The Sec
tiohs specified read rs follows:
"Section 5. All puBlic lands here
tofore reserved for the benefit of
railroads or railway companies shall
hereafter DO subject to location by
any genuine lind certificates.
"Scc. s. Tie Legislature shall
not hereafter grant lands TO any
person or persons, nor shall any
certificate for land be sold at the
Land Office, rHcept TO actual set
tiers upon the sah,c, and III lots not
exceeding lG0 acres.
"Sec. 7. All lands granted to rail
way companies, which have not
been aliehatcd by said companies in
conformity with the terms of their
charters, respectively, and tho laws
of the State under which TIC grants
wero made, are hereby declared for
feited to the State for the benefit OF
tho School Fund"
Your mehiorialists Wohlu state
that the constitution was submitted
us whole, and ratified by the peo-
pie by an almost unanimous vote,
Notwithstanding the serious obiec-
ti)ns to the foregoing SECTIONS. This
result was on account of the very
general desiFe entertained by the
people for reconstruction, and be,
cause of their determination not to
endangcr an early restoration by
opposition to u constitution III
m'iny rebpttts 6bjcctithabIo tc
them.
The 9TH section referred to vic.
lates vested rights, so far as it is
possible for the organic act of IL
State of to do so, and completely
changes what has been the settled
policy of the State since the year
1868, in respect to aiding and en-
couraging the construction of rail
roads: Companies have been in
corporated, and invested large sums
of money upon the failh OF la#s Of
the State granting sixteen sections
of land for each mile of railroad
completed. The Provisional Legis-
lature of 1866 reaffirmcd this poll
ct, and extended tho time to all
railroad compahies previously III
corporatod, for ten years.
Upon the faith of special statutes
incorporating companies, and Of the
general laws granting lands, dna
extending the time for which such
grants should remain in force, cap
italists, in Europe and in the United
States, have been induced to assist
in the construction of roads, by
loaning large amounts of money,
secured by mortgages upon these
grants Of lands. Tie section above
duotcd destroys the security upon
which they have relied, as far as it
is possible to do so, and the 9th
section deprives the Legislature of
the State from furnishing any ade-
quate relief, by denying to it the
power to dispose of the public lands,
except to actual settlers.
The 7th Section, above quoted,
undertakes to disregard TO Act of
the Provisional Legislature of 1866,
extending the time for the aliena-
ton of lands acquired by railroad
companies.
1t is apparent that during the
period of the war it was utterly i'm
possible for railroad companies
owning large bodies of land on the
frontier of the State to dispose Of
them, and to have done so immedi-
ately at the close Of the war, when
the entire country was impoverish-