The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-03-08


The senate met at the usual hour,
Hon. a. w. Houston presiding, and
a quorum present.
Prayer was offered by the Rev. Mr..
Brown.
On motion of Mr.. Kleberg, the
journal was not read.
MESSAGE FROM THE HOUSE
Announced the passage of house bill
No. 525, removing the civil disabili-
ties of Willie c. Hooper.
PETITIONS.
Mr.. Johnston, of Shelby, from the
citizens of San Augustine and Sabine,
relating to judicial districts.
Mr.. Martin, for a minority of the
committee on internal improvement
presented a report favorable to senate
bill No. 296, amending the repeating
clause of the law passed May %, 1882,
repeating all laws granting land
certificates to railroads; the object
being to except the New York and
Mexican railway from the provisions
of the act.
On motion of Mr.. Harris, the gov
ernor was permitted to withdraw, for
the purpose of revising, his message
containing notarial appointments.
SPECIAL ORDER.
Senate concurrent resolution No. 2
relating to peniUentiary leases.
Mr.. Terrell said:
Mr.. President, the amendment to
the joint resolution confirming the
lease of the penitentiary is one which
is of vital Importance. To the leas-
ing system in all it's forms l am ut
terly opposed, but if by the action OF
this legislature we are again to be af-
flicted with it, then let us at least, by
adopting my amendment, help to
make the contract of lease endurable.
III know this contract was made by
two men on the part of the state, both
and patriot Gov. Roberts stands the
peer of any man in Texas, but no man
is infallible; and as have sometimes
been compelled to differ with him, so
l must differ with him as to the wis
dom of the lease. If | am wrong l
must bear the consequences of my
error, for when am deprived of the
light of past experience on any ques-
ton, have no standard by which to
measure the right except my own
judgment. oppose the whole leas-
ing system when applied to peniten-
tiary convicts. l deteSt it as Violative
in its results of the instincts of hui
manity, the civilization of the age,
the whole former policy of our laws
and to sound craftsmanship.
For thirty years our statutes have
declared that the penitentiary
was established to reform the
offender and deter others from
following his example. The law
never Furnishes for the sake of pun
iShment; that would be barbarouS and
inhuman. 1t Furnishes only in the
hope of reformation, and to warn
Others by showing the consequences
of crime. The state of Texas desires
neither the death nor the torture of
any of her citizens. However we may
warp her policy by speculative con-
tracts, the state strikes only to re-
form, she Furnishes only to intimidate,
and none OF her people ever demand
ed that merchandise should be made
of her criminals. =
Thevery word penitentiary indicates
place of penitence, but when you
make commerce of man that state
may reap profits, the criminal curses
in his heart your barbarity and the
whole object of law is defeated.
1t is mistake to suppose that only
thieves find their way to the peni-
tentiarY. The man who, in a moment
of passion and when stung by insults
or wrongs, attempts the life of his
fellow man is doomed also by law to
the penitentiary; and among the
227S convicts now there, 161 men who
are not vagabondS but committed
violence under impulse and anger are
found-sent there in the last two
years-men whose impulses and SYM
pathies, though hayward, are as gen
tie and humane as those which
animate the boSoms of the men who
punish them. They are there, learn
ing by terrible lesson that man must
curb his passions. Turn to your code
of procedure, and you find that the
very second object mentioned for
criminal procedure, is that the convict
shall have no hope to escape punish
ment for his crime. Yet, in the face
of this, we adopt a leasing system
under which S99 men have escaped in
the last two years, to terrorize the
neighborhoods where they were
worked. Twenty per cent of all con-
victs have escaped in the last twelve
years. Now, in the face of these
plain requirements of law, we are
invited to confirm a lease which EN-
powers two firms to move around
and barter for profit over 1000 hui
man beings, on railroads or wherever
they choose, away from all re-
formatory influences and where
escapes are not only made easy, but
invited, by the terrible experience
through which they are made to pass.
Turn now to your statute law, on
page sos of the revised code, and read
a law which has stood there for
twenty-five years, and which requires
a chaplain to preach to the convicts;
which creates library for their in
structlon, and requires the preacher
to furnish the prisoners with books
for their moral reformation. Look at
it, for it covers page of your laws,
and If it were not for the CHASTITY in
humanity of your leasing system, we
would be tempted to smile at the in
consistency of a contract which
makes this effort at reformation i'm
possible. You have just heard the
senator from Dallas tell us how they
are housed at night while working on
railroads: A few gum logs thrown
across a railroad ditch, covered with
a mass of earth, and with one hole for
an entrance, into which human beings,
who have labored all day, go to be
guarded at night with a shotgun over
the hole that leads to it, as one would
watch a snake den.
From this sweating bed the victims
of avarice and perverted law, stagger
forth each morning to resume their
daily toll.
Can you imagine your chaplain en-
tering there with book in hand to
preach the duty of virtue and moral
ity? Truly it must be a lovely place
TO learn the beauty and holiness, and
the humanity of government.
Against the leSSeeS l have no word
of reproach; but one of them know,
and if leasing is to be done, l had as
soon trust him as any one in that
business. 1t is the devilish and bar
barous system of traffic in human
muscle and bone of which complain,
and of its inevitable consequences,
which will, and must, always be inhu-
man.
Three years ago, when the law
which permits this leasing system
was re-enacted, stood almost alone
in opposing the law. Senator Bur-
CESS, Senator Martin, now your lieu
tenant governor, Senator Buchanan
and myself alone opposed it and voted