The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-01-31

The poorer class. inflicted the wound.
Louis, OF France and Navarro, in 1915
believe it was, crystaiiZed his power
by enfranchisiDg the farmers and lift
ing burthens from their necks in his
decree, the first Magma
Charta of France. Over five hun
dred years afterwards Mr.. Gladstone
found himself powerless, even with
the great army of England at his
back, to stop or punish the fence cut
tiers of Ireland. That statesman, in
the same breath which increased the
punishment of the lawlesSnesS, cor
rected real grievances by the land act
of 1880, passed to aid the tenant to
obtain an interest in the soil. In 1869,
the same disturbing forces veXed IN
happy Ireland, when tenants were |
eVicted in order TO rent to large graz
ers at high rent. The White Boys of |
that day destroyed the enclosures built !
for the cattle. and the moonlighterS |
and the ribbon-men over there only
yesterday followed in their wake.
Here the Senator had sent UP to be
read by the clerk, an Irish question,
showing Mr.. GladStone's policy to do
justice to the Irish poor, which we
omit.
Mr.. Davis-Is he going to have that
whole book read ?
The President-Thec clerk will read
as desired.
Senator Terrell-Be patient. I'll
make you land corporation and free
grass Senators more anxious for me
to cease than this, before l finish.
GOVERNOR DOES NOT ASK FOR MORE
TROOPS.
call the attention Of senators to
the fact that the governor, in his mes
sage to you of the 9Th of January, no
where asks you to place an increased
military force at his disposal. How
could he? for only few days before
he had said that sending troops TO
catch fence-cutter would be like the
| king of France marching an army up
hill only to march it down again,
| for the .fence- cutter would be a fool
to stay until oldiers came" II
you follow him rnen, you have no use
for troops, nor even for detectives.
who, he seems to think, are opposed
! to the genius of our government.
GOVERNORS MESSAGE.
Many reforms suggested in his mes
sage l approve Off modified); and the
pending bill is framed to meet them.
1 especially refer to that part OF his
message in which he says: :" [ recon-
mend law giving landowner a
lien on stock that may trespass on
lands with the knowledge or consent
of the owner and against the will Of
the landowner, for all damages done
by said stock, and value of grass and
property destroyed by them" This,
in plain English language, seemed to
be recommending herd law stricter
than we are prepared for, and nothing
else. Two days later, when it was
manifest that the stock convention
would pronounce against herd law,
the governor made speech, in which
he said: "The herd law has been re-
ferred to in your body as the herd law
of the executive. 1 have not sug-
gested such q thing. What l might
conceive to be right, and what L re-
ferred to in my message, was the driV-
ing of stock on the inclosed lands of
another" So, at last, it is made plain
that the governor has convened US to
pass law to give landowner g lien
on stock that are driven inside OF pas
ture to eat grass, with the knowledge
of the animals owner. This is rev.
citation; we are convened to pass law
to give lien to the pasture man for
pasture charges, a right which | be
lieve the common law has secured
without a statute, time out Of mind.
But, in that same speech to the
stock men, he said: "Protect your
selves! Months ago I said through
the press that the remedy is
| in hn hand. Of tho r1nprolA To-
this one the state journals said that /
wanted them to take the law into their
own hands. No, sir, but ! do want to
tell these officials to do their whole
duty; and if you catch a man setting
fire to your barn and destroying your
fences, if you catch him in the act and
shoot him-well, | will makenO pledge
as to what will do, if you will appeal
to me in the matter" What is this but
suggestion of executive pardon for
murder? Is this your remedy? En-
courage the doctrine that the fence
owner must make himself Judge, jury
and eXecutioner; let this doctrine &c
forth, and the prairie will be dyed in
blood from Red river to the Rio Grande
Murder will provoke organized retail
alton, and the red arm of butchery will
be doing its work instead of the peace
full methods of protecting laws. The
genius of constitutional liberty, faint
with wandering the plains, and scOrch-
ed by the vertical rays of anarchy, be.
held the Governor of Texas afar off
promising her shade and protection
She fastened, heated and fatigued, tC
his protecting arms; but when she
heard from his lips this implied promise
to pardon the murderer, she would not
enter the circumference of his shade
and she must now look for safety in
the patriotism of the people
Law cannot repOSe on penalties alone
Social order can no more repoSe on
violence and terrorism than it can on
penalties. Laws must be grounded in
justice to be respected; and any remedy
which leaves the PandOra's box Of free
grass open, will only increase the evil
The wandering herdsman who owns
much cattle and no grass, must cease
his travels; the pasture man must also
| stop his oppressive ways; and both in
dividualS and corporations learn, by
paying for school land grass, to divide
the burdens of taxation with the
farmer, or there can be no peace in
this country.
OTHER REMEDIES NOTICED.
The remedy, sometimes suggested, of
giving the governor power to remove
sheriffs, is in open violation of the con-
stitution, which entities the sheriff to
} trial by jury. So, also, the remedy
of making each county pay for the
fences destroyed, is not only unconsti-
tutional, but, as some counties, like
Archer, are closed in by pasture
fence, we would have the strange
anomaly, under such a rule, of making
the owner of pasture pay for the des-
truction of his own fence. Executive
appeals to the law and order element
of Notwithstanding counties read well
but they come too late. When the
whole social fabric is infected with the
malady in the county, the sheriff is
powerlesS, and grand juries become a
mockery; then the causes of the malady
must be found and removed in the
same hour in which the people are in
vited to defend property rights and
social order.
A little patent nostrum, which in
due time will see the light here in the
Senate, looks to giving the pasture
man lien on all cattle that enter his
farm enclosure after his fence is de-
stroyed. That remedy vii deserve a
medal Of lead, for again you are met
with the objection that the owners of
the treSpaSSing cattle would be the
numerous under-dogs, who are now
mad; and the pasture man would be a
| bold fellow who would imDOund their