The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1875-02-18

ftANHf
much outside pressure being used, much
lobbying on all sides TO force this House 70
pass the bill, viii say, is there any harm
Tor people to ssk for what hey think isdue
them Must the creditor he driven in scorn
from our doors because lie comes and hum
bly, pleads for his rights
/ don't say there is International Railroad
whisky IN Austin, and I don't say there is
MOI, but do say that the man Who refuses
to take drink % whisky because he Is
afraid II will influence bis vote, surely has
his convictions Of right and Of duty placed
upon avery slim and himsy basis. In reply
20 the argument that Texas is too poor 70
pay the debt, and this bill thereby ought
not 20 pass, l viii illustrate another case.
An Individual and nation are placed Upon
the same ground as regards their legal and
moral obligations 10 pay money. Now,
suppose one man should hire another to
labor Tor HIM fortbe period Of one year and
agree to pay the laborer 50 much money ct the
end Of the year. Well, time flies; the man
has wrought thfully, the busy year has end
ed, he applies TO the landlord-the contract
or, Il you please-and demands his money /;
the contractor tells him that his family ex-
pcnses have been great, greater than be ex-
4 pected for the year just ended, and there
fore he will not paw anything. The laborer
contends for half of the money, for fourth
at least, that he is in trouble, he is in want,
he must have money OF be thrown on the
cold charities Of the world, and the con-
tractor tells him that he not only will not
pay him, but that be really does not believe
that he owes him one cent. Now, what will
beSthe opinion Of mankind concerning that
irepudiafing contracto9l Why the moral
world would set It's dogs upon him. '4i
1i AS regards the strange position of the
gentleman from Harris, and his fear of los
ing friends on account of it. will say that
Sin spite Of all thy faults, love thee still"
Hove him for his good heart and the deVo-
ton he displayed in the years gone by to a
cause l then loved, and which love still.
The gentleman did not rest we'll last
night, surely be must have had strange
dreams, and when awakened this morning,
to relieve the WEAKNESS Of such restless
night, he attempted to read the bill we
passed last year, limiting the amount Of
the bonds granted TO the international
Railroad In reading he commenced at the
! last section, which provided for arepeal of
lall laws contrary TO its provisions, and when
he read that he rusbes frantically up here
and proclaims the original charter of this
railroad repealed. Why, sir, If he had
read the whole act he would have discov-
cred that in the second section the time is
specified, plainly and emphatically, when
the State Of Texas was to be released from
paying the bonds on that portion Of the
road between San Antonio and the Rio
Grande, and that specified time was when
| the State Of Texas delivered to the COM
pany the bonds for that portion of the road
| between Jefferson and San Antonio, and
procured a receipt from the road for
the amount of said bonds delivered aa-
= Now, ask the question, has the State
of Texas delivered the bonds2 Certainly
not. Has the State any receipt for them 2
| Certainly not. Then according to the terms
of the contract she still owes the original
amount. Again, has the Supreme Court de-
cided that case on the nerits2 Certainly
no.. 1t denied having jurisdiction. Thus
! the provision OF the compromise, or the
contract, has not been complied with in
any respect by the State, and the eompro-
mise is dead letter on the statute books;
| for bargain of that sort, broken on one
side, is broken on all sides. J-JG -ug glfs
. This bill ought to pass; it will cure dis
sensions, it will save the State three or four
milliOnsof dollars. II. We do not compro-
mise IbelieveweRill have the whole amount
to pay. condemn the policy of the
Twelfth Legislature granting these bonds,
/ especially when the State was so crippled
in her finances, but frankly say that / be-
| lieve it had legal right to act as it did in
the premises j am looking at this ques-
ton in q common sense way from a COM
mon sense standpoint -s1iJ baF r.
| Gentlemen who oppose this bill all repeat
/ and reiterate the reserved powers, and
clamor for a strict compliance with the
enumerated powers. In the language of an
eminent statesman, ] am no advocate for re-
| fined arguments on the Constitution. 1t
is not 8 thesis for the lOgician to exercise
] his ingenuity upon. It should be interpre-
| ted with plain, good sense, and our pres
ent Constitution says that the Legislature
should pass laws in accordance with the
spirit and intent" of the Constitution. No
man will deny that railroad is species of
! internal improvement. The Constitution
saws that by tWo-third vote an appropria.
tiOn can be made for internal Improvement.
This clearly means State aid for these pur-
poses This contract was passed by q two
third vote, in accordance with the Oonstitu-
ton, according to its intent, its spirit, and
don't see any use denying it. It is not
possible TO always act according to the
enumerated powers. If we must follow the
letter Of the Constitution, we could not
levy an al Valore1n8 tax to carry on
the government, for cannot see, In
lust so many words, THAT the taxing
! power is lodged in the Legislature. can
not find, in so many words, that the Legis-
| lature shall levy an ad UaI0reD1 tax. The
general provisions all mean this, but they
| do not expressly say SO. g.r.-gsET
Why, what has been the practice of Con-
gress concerning the enumerated powers
I do not mean the practice non, but long
years ago when the purest men of America
held the reins Of government, her Clays,
her Websters, her Calhoun and others,
when the shadows of kingly government
had not darkened the doors of our national
halls of Legislation. W by, sir, they passed
many laws, made many appropriations not
expressly warranted by the Constitution. /
will cite one instance, the purchase of Lou
] isiaua. - ftea2 80 f-1rrr = = fi-I.otfits iLtA
Now, If they acted outside of the enume-
rated powers then, when all their powers
were delegated and expressed and they had
! none others why should not we when we
have az the p0ioerS not prohibiteda 2sIao9
i It is said that the Twelfth Legislature
i struck out upon some new road, some new
! plan unheard of before. -b3sEsg e.
j Now, I wish ,t0oshOW that thislais 3
mistake 1fyesis8h 10 gziI5iin gol hob So
Let us 60 back q rev years TO the time
wh1uth storms Of war had blown over
4 when We had gathered together. the few
4 rights and fortunes left, and had organized
4 q goveFnment-the government Of 1856. 81
The Eleventh Legislature was composed
Of the best men of Texas-men who had
stood BY our State throughout all her mis-
Y fortunes-men whom we loved and trusted.
That Legislature saw that our industries
were all. paralyzed for want of capital In
fact, saw that the resources Of the country
could only be developsd by the introdue.
ton of foreign capital. Well, that begis
lature passed a joint resolution inviting
capital, aud used these words railroads
and manufacturing Interests should BE fos-
y A few days after the passage Of that res
! olution they granted many charters 10 man
ufacturing companies, and IN those charter.
were placed sections similar to this; "Thil
eompany shall be entitled 70 any grant Of