The San Antonio Ledger. (San Antonio, Tex.), Vol. 8, No. 1, Ed. 1 Saturday, January 2, 1858 Page: 2 of 4
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NEW MAIL ABBANGEMEHZ8.
Antonio.
CoMt Mail arrives in San Antonio six timer
week, and leaves six time* a week.
VI* VORKTOWN.
mi™
lauda; ,
Thurtdayi,
• lurd T ,
departs
.Sundays,
Tueiiluy ,
Tburslitjs
at 10 p ii.
AUSTIN.
Sundays,
Tuesdays,
Thursdays,
at 10 v k
Taaadaya,
Tt.ndíji,.
«alarday ,
...
CASS LIS 1 A*S.
Mardsy , I Mondaya,
U « I at 8 a y.
fill PASO Tex.: ST
Via Sr.GUIN.
dkpaut8
Momhiyw,
Wednesdays,
Fridays,
hi 10 p.M.
auttl vkb
Sunday*
W«lticsd ys,
Fridays,
at 5 i' M.
GOIJAli*
Saturdays, I Wondavyf,
at 12 m. ! at 6 u.
rm:i)KBKKsnrBC.
Siiturdn) , I Moudwyi,
at 7 a m. I at 7 a m-
I'I3. N. M , ami,SAN
DIKftO, Cam<rri;!a.
Arrires 9th nnd 21th of each month, ntfl a.m.
Departs 9tb A 24th of each month, at 6 a m.
neiv OitLEANH mail,
&m*ci every Sunday, Wednesday and Friday, at 10 p.m.,
«^darrivw twine a week irregular. -
Ur All mail m:iMcr ninsfc be dropped in the office by 7
on the nig! t4 of departure. é
OJlcé Hours: Weok days, from 8 A.M. to I r.M ¡ I P " *"
4fV
32
Sasdsyi, from 3 Ii 9 a h
II. L. RADAZ, Postmaster.
m mm ledger.
M. MACLEOD, Editor.
8ATUEDAY EVENING, J AH. 2,. 1858.
DEMOCRATIC
STATE CONVENTION
MEETS AT AUSTIN,
Eighth January,
state university.
The Legislature of Texas has at this time under
consideration a question of vital importance to the
honor and prosperity of our State, and. to the well-
being of all its generations to ootne ;—a'question on
the solution of which will depend our intellectual and
mora) «landing as a people, and our political weight
in the Confederation. We allude to the Bill for the
creation of a State University.
Various nnd jowerful motives, more or less local
or «eclloiial in their nature, have induced members
of our Legislative Chambers to throw around this
momentous measure a maze of secondary (^msidera-
llons an<l provisions which tend to hampé^nd re-
lard the progress of the fundamental measwre itself
—th^eMablishment of a standard Institution for the
tifelwtt branches of learning in our own territory,
under the control of our own people,and. in accord-
ance with the noble policy inaugurated by Texas,
free and accessible.to all, without fee or remunera-
tion. The doctrine that the education of youth .is a,
duty on the part of the State, was fairly oiiiniristed
and practically established as a fundamental princi-
ple of Government by the Convention of 1S45, by
ti Appropriation of one tenth of the gross revenue
as a perpetual fdnd for educational pill ¡i'ms and no
part of its actiSlhins been more fully ór inore earn-
esll'y endorsed by the people.
The determination to carry out the policy of the
conviwtion by the creation of a University, as the
comilemcntand consummation of that policy, has been
loudly announced by the people, the press and the rep-
resentatives,! of all sections of the State, and no .'peri-
' 4 *-•*" history has ever offered, or is ever likely to
the present, for the exe-
,iniifselfKand fraugh'
TATE
-ndminl
reau, administrator oi
'The States" See Prospectus.
Tho San Diego California Mail arrived this'morn-
ing, at half-past six A. M. It left San Die "0 Dec. 9
and El Paso Dec, 24.
It will be seen from the.statement in our telegra-
phic news, (to which we refer,) that Gen. Walker
was arrested, together with 150 of his men, by
Commodore Paulding. The General was taken to
Washington in custody of U. S. Marshal. Gen.
Cass, it is said repudiates Commodore P aulding's
course in arrestingWalker, and it remains to be seen
what steps will bo taken by Government in the
premises.
Odd Fellows' Ball.—The I. O. 0. Fellows of
- San Antonio gave a ball in the Old Casino Hall on
Commerce Btreet on the evening of Wednesday last.
We do not think we are going too far in stating that
it was one of the best attended and most brilliant,
which has taken place in this city for some time
The beauty and fashion of San Antonio were well
represented, and we have reason to believe that
«very one, was, not only satisfied, but highly delight-
ed. with the evenings entertainment. Tho music was
excellent, and the dancing (Quadrille, Cotillion, 4c.)
was kept up with spirit until between 1 and 2 in
the morning, at which time tho company broke up.
The whole affair reflects the highest credit upon the
cfficicncy and management of tho gentlemen of Ihe
Committee.
;■* .
Most of the gentlemen, nominated as delegates
fromjliis County to the Austin Convention, left
town on the evenings of Sunday and Tuesday last
for Austin. We regret to find that Judge Paschal
lias been prevented from returning to his senatorial
duties in consequence of the severe illness of one of
55 Íiís sons. We learn however that the child is pro-
gressing favorably, and that tho Judge expects to
return to Austin by Sundays stage.
We regret to learn from intelligence, which
reached' town on Saturday night last, that T. II.
Stribling. Esq., who left here some time since for
Mexico, was attacked by robbers, and severely
wounded. Sirs. Stribling received a letter from her
husband on Sunday morning, in which it is stated,
that while in company with Mr. Polk and another
(who left here with him,) at about 25 miles from
I.oredo, they were set upon by a party of Mexican
Robbers, and Mr. S. received a shot in the right arm,
wounding him severely, but not dangerously. lie
and his party succeeded in reaching Loredo, and we
are glad to learn that he is likely to be able to re-
turn to S n Antonio shortly.
Robber r.—On Wednesday last, a young man of
the name of Henderson was brought before Justice
Gardner, on the charge of having stolen a quantity
of jewelry, sixshooter etc. from tho residence of
Capt. McLean in this city. Tho examination was
not completed till yesterday afternoon when the
accused was ordered to find bail for his appearance
before the Dlstiio.; Court in the sum of $100, In
default-of bail he was committed to prison.
We are informed that the corral of the f an Diego
Mail Company, at the back of the West side of the
Military Plaza, was entered by a thief early on the
morning of Sunday last and oneóir two"bags of corn
^abstracted. Some Blankets and other things of trif-
ling value were also stolen.
By the
been fas
'certain
which
The pif
tin people of (be counties
some instances partially, and in
ed, to make crops of corn the present year,
and whereas, the scarcity of that article of
such that it is not within the reasonable
many for consumption and eed for the
Therefore, it is enaoted, *' ' *
ted for purchasing coin, .which sum is to
and allot'ed as thc^in mentioned.
Sections tw£ an&feree provide for the |
the req^Hjjuaotity of com, and the
same tuj^^Hjdeiits of the different count
¡iriees to nBPe cost and charges, on twelve
credit, taking therefor the note or obligation
purchaser, [ ayable to the ChUf Justice of each
ty, and bis successors in office, bearing six per ceii
interest from date.
Section four provides for the recovery of the no$
or obli'jatinns, which is to be by immediate "exe
ti--n in case "f non-payment.
Section 5 provides that parties in each county lit
able to pay fop corn shall, after certain forms, b# >
allied to procuro the same a* donations, gf
amounts due therefor to be made Up to the '
Treasury by taxation of the county.
The remaining sections refer to the bonds •
iffs, the duties of Chief Justices and the pa
the act,
The objects of the bill are highly mentón
it is very certain that unless this or u sim5'
urc pasa the Legislature, there will be exti
ution and- much suffering We bell -"
=—
'll?t l¡i ¡pfWl
acts fyave been> allin conformity to law, and to prec-
edent; that there was no. legal obligation to submit
the whole Constitution to the popular decision, when
tb únt solely in dispute—the only material point
In whole—is fairly and squarely submitted. In
add -ion to this, there is tho great public advantage
of taking Kansas affairs out of tliu area of Federal
centention, and confining all these agitating contro-
versies to the local arena of a State.
To this mode of procedure there is a most furious
opposition. The Free State men have determined to
take no part in the voting on the slavery clause.
From the result of the recent election it is evident
they could make the Constitution a free State one if
they chose, but they determine not to vote, and they
will let the pro-slavery clause stand, by default, and
resist the reception of the Constitution tiy'Congress.
They will also oppose, by force of arms, if necessary,
tho establishment of any authority wider it, within
the State.
They claim that it is the right of the pfeoplfcto de-
cide upon all their institutions us well arm very,
and that the omission to submit the wlíblé constitu-
tion invalidates the instrument iind is a wrong to be
resisted by revolutionary measures. They say that
tho convention did not represent tho popular will,
and affirm that the Territorial authorities who called
it, wore usurpers. * In this cumulative way they re-
sist the constitution in all its parts. The radical as-
sumption is that throughout they have had a major-
ity of the people, and assign their objections to the
original organization of the Territory under the act,
as their grounds for refusing to recognize it, either
in choosing of the convention, or by the voting on
tho slavery clause.
Amongst other projects for resisting the new con-
stitution is that of having tl.e Topeka one, and acting
under its authority. This constitution was adopted
without form of law, but by a spontaneous conven-
tion of the Free State men, and under it they «elected
officers, and a Legislature and a member of Congress
In the absence of Governor Walker Mr. Stanton
acting Governor, yleljfoe to popular excitement
summoned a special meemg of the Legislature to in-
terfere, and revise the action of the Convention. The
Legislature so called, has met, and Mr. Stanton's
message has been received, recommending them to
pass a law for taking the sense of the people on the
whole constitution, and the President has removed
him and appointed Gen. Denver, who has gone to
Kansas to succeed him, but would hardly reach there
in time to change the action of tho Legislature.
The Picayune (lo which we are principally indebt-
ed for the above.) says that in Congress the subject
is undergoing debate on the general principles involv-
ed, but no practical question will arise until the con-
stitution is presented, unless something arises for di
rcct interference, by collisions between AtRÓntend-
ing parties in the Territory.
By the New Orleans papers received on Tuesday
evening, we find it stated that the constitution with
slavery has been adopted, by a large majority. This,
however, has yet to be verified.
.pore of later date than tb
d are consequently unable t<
reader a full account of 'the próceed-
ly. We are indebted to meiuberftf
ion for t}ie ^following inforijlat
* " * -the House of
iy the 8th instant at
was appointed
It was in session during tho vyiiola
and adjourned . t,i}l Monday
..II., at w
i, and the sessii
it, whenHlTe Convei
..... ;~1 ,
:ler was nominated by accli
6 of Chief Justice, and, being called upon, ac-
the nomination.
landidates for the nomination for Associate
stice were quite numerous, but after a great many
* «Mfcgs the choice of the Convention centered by
;Rmation in C. W.Buckley, of Fort Bend Cfo.
M. D. Graham of Itusk county was (after fifteen
"tings) .nominated by acclamation for Attorney
e*ai.
'. R. Johns of Hays county wjis (after one ballot-
nominated by acclamation for the Comptroller-
P'j and
'. H. Randolph of Travis (after three ballotings)
i also Humiliated by acclamation for the office of
~
-tefRt
....
fbservanco o( tho stipulations they have agreed to.
omplinnce or forfeiture should hereafter bo deman-
* if not entirely, tho surrendec of. some prmljjjpi
anU IHOIWirious population was introduced, the coun-
try was surveyed, and wealth nnd industry were car- detrnllj.ie how long this state
ried into the wilderness. Tho expense was enorm-
ous, the surveys ulObe having cost $¿>0,000.
Fisher & Miller'are shown to have assigned the
principal interest in their contract to tho German
Emigration Company, who are recognized through-
out the series uf legislation referred to.
The first,qtáetion presented to the Legislature is,
What are thé contractors and their assignees enti-
tled to for their services1 The answer is plain. By
the contract they were entitled to ten sections for
each 100 families, or.fii other words, to 270 sections
72.800 iicre'8*> of premium land, with the privilege
lie reserved alternate sections. The
have-been obtained, hilt the privilege
choice alternate sections was lost
en tp the colonists.
ipt«co'ti|£«&>iitractors were entitled
ints, for one half the quan-
thcy "were entitled, by virtue of the
TELEGRAPHIC NEWS.
"Ww Vohk. Dec. 31.—The latest Hamburg advi-
ces represent that ihe crisis was subsiding.
Washington, Dec. 31,*-The reports from this city
professing to give she intehtiona of tho Administra-
tion in relation to the -Nicaraguau affair ure unfound-
ed. * 1
Severiú ri¡eetings of tho Cabinet have beerf held,
but nothing whatever of a reliable nature respecting
the policy to be pursued has transpired.
In any event'the removal of Comodoro Paulding
is not anticipated. •
St. Louis, Dec. 43.—Kansas .advices indicate that
the Territory is in a state-of war.
Several" bat'tles, it U Btutedj-have token place be-
tween f he pro&rlayo'ry «ml the antv-slaverv men.
It is reported that the U. S. troups have been
.resisted by the.Free state Men.
The Lawrence Convention disagree, ami oiie niA-.
jority and twi majority reports have been made.
Washington. Jan. 1.—Commodore Paulding will
not be removed or tried by court-martial. Tins is
reliable.
The President warmly endorses the sentiments o'
Commodore Pauldiilg's letter, giving tin account of
the circumstances connected with the capture of
Gen. Walker and his command.
Acting-Governor, Denver of Kansas, writes that
he shall pursue the same course "as Gov. Walker, and
late acting-flovernor Stanton.
Washington, J*: ; ,2.—It is undor6tOv)d that the
Cabinet, after full deTiberationOVthe subject of the
arrest oi' Gen. Walker and his command at Punta
Arenas, has finally decided against Walker oil the
ground that he was Interrupting the transit route.
It is further understood that on Monday next, 4th
insr., Mr. Toombs, in the Senate, and General Quit-
man, ill the House, will introduce motions condemn-
ing the course and policy of the administration in'
relation to the arrest of Walker ajjd his command.
(172
off
pieii
of locati
—the. p
In tne
to contract
tity to which
the germ ají popü
ON- • . ■ . • ....
to tilk! .ntf ttttltifr III... .IW,.'iré-
nWj.iJ how long this state of things is t fbri^; UWUl'or
petn t«l If the record be examined u remedy; may
be ¿uñí easy of solution. If the system is to sue-
i
the university.
Tfco State Ga&'tte fears that the University Bill
i« lost for th«j present session, although of its estab-
lishment at a future day, there is little doubt. That
paper says:
The endowment of the University already exceed*
200,000 acres of land, which may soon lw worth •
million" of dollare, if prudently managed. We need
not start with inore -than $150,000 in cash, and this
we .(we fjsft evep with all.the estimates of expendí'
ture before us. Indeed, we wouh! De wimng to com-
mence with $50,000, and without another addition
acre of land, and ti-UBt to the fhtore
procrastinate this glorious and vital eni
ALAMO RICLEB.
Mr. Edwards. Chairman ofiihe;Commjll
itury Affairs, reported .us follows: , ;
The committee on Military Affairs, io
referred the Senate hill, " to incorporate the All
Rifles," have had the same under consideration, a
as they deem it inexpedient and unwise policy
corporate each military company separately, thei
increasing legislation of this kind1, and as they ha'
íull before thém, (upon which they will report i
ear.'v «lay,) placing all military companies now oi
ized. or to be organized in the State, upon the
footing, have, therefore, instructed me to report ui
favorably, and recommend its rejection, and ask
be discharged from the further consideration of
same. Report received.
Nicaiiaqca Meeting i.?- Mobile.-—'The Mobile .
pers state that the meeting CÍ the CitizeB on Satui
day evening was an immenso gathering. Judge Ly-
tlian Gibson presided, and the riieeliwae addressed
by Messrs. Boy les, Cobb and Hawthorn?' 0 «noiq.'
condemned the arrest of Wajja'l' nnd dei.i.'i.
probably save years of .prolltlc
analysis of the soil it wtinhl lia;i¿isli. It might also
1iq!c^3te"t*WíK3| Wi'
San Antonio, January 8th, 1858.
CITY COUNCIl.: /
Called meeting of the Board. Present—the May
or. and Aldermen Gardner, Chavis, Sturm and Men-
ger.
The returns of the late Ci ty election were opened
and the following named candidates having received
a majority of the votes polled, were declared duly
elected, viz : II. L. Radaz, City Treasurer; J. A. G.
Navarro, City Collector ¡ W. B. Leigh, City Attor-
Nobth British Revíbw.—We have received the*-'ñey; G. Freisleben, City Surveyor; J. M. Penaloso,
Alderman for Ward No. 1 j D. Russi, for Ward No.
2; M. G. Cotton, for Ward No. 3
for Ward No. 4.
November number of Leonard Scott & Co.'s repub-
lication of this work. The contents are—Sir A.
Allison's Histories; Genesis and Science; Luttrell's
Diary; Slavery and the Slave States; Memoirs of
r, Politician and PoetTravels
a V'ir-lt'
John Dal ton; B
extra
H. Canterbury
For the Loan 193, and'against 311.
The above named gentlemen having come forward
and qualified as the law dirccts, the Board adjourned
till 4 o'clock'f. m. y
January 4 o'clock p. m.
v-_ - .. 'bo Henderson Banhif office
informs us that the Banner has been discontinued,
and the publisher is about to start the Carthago Rg-
der, at Carthage,JPanola county. The Recorder ie to
be independent iú politics.
Important to Author's and Publishers.—Lord)
Napier is preparing an International Copyright
Treaty to continuó -it force for five years. He pro-
poses that the copyright shall 'f n for ten years,'but
will agree to seven or five, if our Government object
to a longer time. Gen. Cass favors tho treaty, but
its fate in the Senate is doubtful.
■% .—Adjiawa;-
The Hon. James H. Bell, writes to the Austin In-
telligencer declining to snffer his name to go before
iiio Democratic Convention, as a candidato for su-
preme judge, and giving his reasons therefor.
«-•
The Gazette promises to publish tho proceedings
of a meeting at El Paso, asking the Fedctal Govern-
ment for tho redress of grievances at that point.
Tho United Slates troops arc said to be stationed at
a point untler the jurisdiction of the military depart-
ment of Mexico, and their provisions all purchased
from the citizens of that government, to the entire
neglect of our own. Tho Gazette is also informed
that officers of the U. S. army and contractors aro
engaged in deliberate fiauds upon the revenue laws
of our country.
The Jewish disability question is again to be
Miuughl before tbe British Parliament. Lord John
Russell ie said to have undertaken, with the eoneur-
rcnoe of tbe Premier, to lay on the Ubi of Ihe
House of Common* a bill for tft removal of the
Jtwiel) disabilities.
Mayor and all tho Aldermen.
Reading of minutes pf last irwcting dispensed with.
J. Dobbin was nominated for the office ol Secretary
by the Mayor, and elected.
The Mayor nominated Joseph L. Evans as Mar-
shall. On this nomination the Ayes mid Noes were
called fur. Messrs. Canterbury, llussi aUd Cotton1
Aye ; Messrs. Chavis, Penalosa,, Menger and Gard-
ner, No. The Mayor now declared tho .nomination
lost Mr. Gardner moved that the nomination for
Chief Marshall be reconsidered, and that the Board
go into an election by ballot for said officer—carried.
The Mayor re-nominated Mr. Evans—Ballot as fol-
lows: Evans 3, Steveus 4, Nelson 1.
On motion of Mr. Gardner, seconded by Mr. Cha-
vis, that the lowest be dropped, and the Board- go
into a new baltot, the following was the result : .Ev-
ans 3, Steveus 4, Nelson 1.. ... .
The Mayor withdrew.the unminatloñ tor Marshall.
' Dr. Howard was'clected Oily Physician; R. Fron-
kel, Assessor; 8; Newton, "Teacher in the City
School, and Win. Ileincr, City Sexton.
The Board now adjourned sin' die,
JOHN DOBBIN, Secretary.
Gen. IIocston.—The CliatUtiooga Advertiser saya
that Gen Sam Houston passed through that city
lately, «* route for Washington. His was in
the continental style, embracing' t'd|> boots, short
brcechcs, fawn-skin vest, . surtout, military whiskers
and moustache. He wore a cap something on the
cockade order. The Advertiser compliments him in.
this wise; "He wss the very impersonation of pom-
posity, vanity, and disloyalty to the Soiith."
We observe from the State Gazette that
Francia Moure ha* been lecturing before the ¡pmbcra
of the Legislature and otbera, upon Geology.',,.The
Gazette say*(' the Dr. showed great familiarity with
his subject, áfcd til the teal oran cnthtosiaatic devo-
te* of thé
law and contracts. Arid by the contract it was spe-
cially provided, that the letters from the Govern-
ment for such portion, not exceeding one half, should
issuo directly to tho Empresarios, so as to protect
them in any such agreement with the emigrants,
a report of tjie Commissioner of tho General 1
Office sent to the Committee, it appears' that 2404?
agreements made with the German E uigration Com;
pany by emigrants introduced under Fisher tc Miller'^
contract,—1500 with heads of families and the resit"
due with single men,—are oil file in the Genera
Land Office. It is reasonable to Btippose that thd
remaining 237 families emigrated under the 'ill
agreement. Indeed, it is history, that the coloniat;
of this and all other .enterprises, authorized by th
Republic of Texas, emigrated with the understand
ing tln\t tho colonists were to receive one half tli
lands oÉá 'ihe Empresarios the other. The (Jompan]
therefore would be entitled to receive from the col
nists lands equal to 867,000 acres.
That the Legislature was not wholly unmindful
this right will be seen from the 11th sect, of the act
of 21st January 1850, and the 3d section of the act
of lltli February 1850. By the first, creditors of
the Company are to have a lion ou the premium lands
obtained by contract from individual colonists and
the state; and by the seCoud, it is provided that pa-
tents shall issue directly to the German Emigration
Company for the portion to which they are entitled
under the law, by contract with the emigrants, nuil
the land shall' be subject to the same law in favor of
tho creditor? as tho other lands arc subject.
To understand this solicitude on the part of the
Legislature for the Citizens who were creditors of
the German Emigration Co. it must be recollected
that the Company, in transporting the emigrants
from Galveston Indianola and Houston lo New
Braunfels and the Colony, in subsisting them the tirst
year, in surveys, and in supportnig. the enterprise,
large debts have been incurred, for which negotnjJjle
drafts had issued, and fallen into the hands ofcift-
zqh8 of Texas. Under the Act 1850 section 11th.
many of these debts have been sued to judgement;
and the Committee is assured by tho collecting At-
torney of the Creditors and1 others that these debts
in the aggregate fall little short, principal and inter-
est. and costs, of $300.000. By a contract brtwéfcfi.
tho German Emigration Company and the creditors
five-sixths of the entire claim of the Gontracti-iwilp
on the government for lands, have been assigned to
the Creditors, leaving the Company only one sixth
of "claim for the enormous expenses, necessarily
paid in carrying on the enterprize.
It 'therefore becomes a question whether or not
the State- has. by hasty and unadvised legislation,
done anything to impair the rights of the-contractors,
and the creditors lien upon those rights. Tne com-
mittee is. of opinion that these riglits have been
greatly iihpuired, and; in. fact, so complicated and
jeopardized, us to-render the equity of tlife contrac-
tors'andereditoré almost valueless.
And first, by act oi> 1848, in favor of the colonists,
the certificates were issued to the colonists, '-'The
holders of these certificatesíhad a right to designate
any of tho colony surveyed'lands, irrespective yl' the
rights of the company. By a report of the Com-
missioiler of the General Land O Hie-, the committee
is advised that W. F. Evans, Commissioner under
this act, issuedj850 certificates, of 640 acres each, to
heads of families, and 559, of 320 acres each, to single'
men.
Tl'.ese were legislative grants, prior in date to the
act of 1850, winch-attempted to create a lien in favor
of the creditors; iuany ef these certificates have
been transferred to innocent pnrchaseis, who now
claim the entire quantity of the land.
If the act U susceptible of the construction that
that these c> ..Acates are grants to the full amount,
it results as a c'Oinsequeiice that the Stnto «4° nro
tanto, given to the colonists that which of ligti
tWfciiHusl both to them anil the, contractors. •'*
n\justlce of thus favoring those who acquire
cates uiider ti e act of 1848, while those who acqnir-
them subsequently■ are encumbered with thn rights
of the comp. y
¿very one.
Again.'the act of February 1, 1854, provides fhat
patents in all casc&r shal! issue to the colonist or
assignees, irrespective of the l ights of tho contract-
ors and creditors^ and the evidences oil lile in the
General Land Office.
Under the faith'of 'hese several acts, and what
these certificate* import upon their faces, maqy of
led,
rhicli w'll indicate the necessity, ol' a compliance in
uturo. The sanio law should regulate corpi^Mions
s private individuals. The Stale offered great in-
luceinénts because of the object contemplated, and
hose failed because of the temptation to individual
peculation, or the woi thlossnoss or bankruptcy of
jhose engaged ii them. Can there he a lea
.dequate guarantees should not bo exacted in
Hire. Causes ol failure to be traced to indiscrii
ite legislation. First, in the multitude .of cha
[ranted ; secondly, in extending fcu^llaiik'
llego of ihe donation laws, yvithoiit%!gard I
Mid usefeliiess, or a guaranty of coui^ia-iici,,.
r've at a more definite conclusion a brief- reviow of
die history of the subject is necessary.
At the session of 1853-4 the Pacific charter pass-
1, filtering a bonus of twenty sections of land to the
" ; ' - - - ' mile completed. Then Ihe act grant-
clions to the mile for companies under
The career of the first was brief! A
nouiil ■>'
rotect wl, fffenng a b
s. By J" 1* ful' evu,,i 1
Land Pg sixteen sect
2464# local Charters.
deposit of $300.000, was necessary. The securities
tendered were worthless, and the firmness of tho Ex-
ecutive proved a safeguard to the State. No similar
provision was inserted ,in the act granting sixteen
sections, except that it should not continue in force
.re than ten years. Its application was general
1 indiscriminate to all, and the hopes of the wild
and visionary were raised to the highest point. Re-
sistance was" vain. except in th.) supplemental act de-
manded by ths Executive, before ho woiild approve
of the measure. Maps, charts. &c., were searched to
locate these charters. Year after year continuanqg J'
were granted, but now, after four and six years vW|!
ffiicness progress than even the most skeptical could
have believed, if there had been no promise of assist-
ance from t e State. Capital is seldom associated
with wild and visionary speculations, and hence, it
has been driven away from us. The people though
anxjfius and willing i o encourage all legitimate enter-
prises, have been unable to discriminate;between the
useful and impracticable.- The interests of different
localities have also been made to operate against each
•rv
.uoiiter*cause was in those holding pn'miJcgos
lu,ivkinK tbein in the principal cities at a merely
nominal and contemptible price. Connected with
this, was the isSUing of stock at less than the face
v:'!ue. Tim reputation of the «hole Slate must suf-
fer from silch practices unless prohibited in future.
Of the thirty-eight charters graptbd since Felirna
rj 31st, 1850, between twenty and thirty are still in
eiistencfcmaking an aggregate of 7,500 miles, which
is throe tfihes more than a sufficiency for the pres-
ent, and it- may be, for ten or twenty years; and ol
this there is not more than one hundred miles com-
pleted. and but little more than that amount under
contract. Tfié companies hold an incumbrance oveK
the ptíblic domain, amounting to seventy-seven mil-
lion eighty thousand seven hundred and twenty acres,
pr thereabouts, at this time, according to their char-
ters, and to the different Railroad laws. Although
the incumbrance is not supdoscd to remain perma-
nent, or that the Slate will necessarily suffer, it is
easy tolbresee the evils tint" may arise if the system
lie continued. It is to be recollected, that, if the Slate
continuos to appropriate lands lo purposes <-X educa-
tion, and. to charitable institutions, the time
must comí when these will be exhausted. Then tli
State will have to indemnify the companies for
lands tij-'yvhich they arc entitled. I his may not
prove of present contingency, but we have no right
to shackle post' iity.
In acting for the present, we are moulding the des-
tinies of futurity, '-he responsibility rests upomus
to preserve this rich inheritance forjiur . successors.
We should not transmit-soasad a le¿SÜV tu tho,mem-
ore of her sons of tlie-ci'iniing act.
The immediate commencement and coristl^fioi of
the roads was Hi object of the State, Inn
Otherwise, ihe assent of the people \v'oilhfc.n..i
been obtained. While tim,e is-b-ing losi^tlie Com-
pensation tendered is constantly increasing, and the'
question arises, which shoiifit be the losers? The
Slate or a sel of private incorporations.
Private incorporations should be held to strict ac-
countability. The opportunities of Hulking and re-
straining often occur in applications for,relief and
should be taken advantage of; No new charters
should be granted, without requiring (beCiro any
franchise should rest) a stock subscription fully equal
to the cost of the grade, and %/e per cent advanced
thereon at the time of subscribing, or in lien of thai
liftnis
be the duty o.f the líeoíógist"'tVi report upon tho
capacity of the water power, and its adaptation to
machinery.
Provision should be made for the printing and (lis-
tribution of a number of the reports of the geologist.
It is believed the falo of such a work would re-pay
the State for the outlay in 1I4 publication.
Revision ok the Laws.—Altentioiy is cTiffe'd lo
the article in the Constitution jurofiding for Ihe
revision of the laws. Revision ¡liíis never b-en made.
In lieu of this, Hartley's Digest has been adopted as
best I Although this work is of immense value,
lilis never been 6upposeii to be what was content-
Baterf by the provision/in the constitution, and
ras substituted to remedy^the evils arising from the
existing deficiency. '
Four years ago an act yi'as passed authorising the
appointment of three ;geiillonieti. learned in law, to
prepare a set of codes,; togol her with a revision and
digest of the laws, 'i'iiis was done ; but from the
reforms they attempted to introduce, they hive not
yet found favor with the representative; of the peo-
ple. The Pemil Code, however, was adopted by tin-
last Legislature. No definite steps have yet been
taken to placo-m Ihe hands of the public an edition
of the laws in tfig,jiiore intelligible form that was to
have been expected. Nearly eight years have elapsed
since tbe adoption of " Hartley." and the time has
arrived whelV provision should be made for a second
revision. Action should lie taken in the matter, and
if 'favorable, it is recommended that the execution of
the entire work should be within the limits of the
State.
Six:. 4. Aitr. 4, or Constitution.-—Attention is
called to this section, with the remark thai the sub-
let should be touched with a cautious ami dedícale
band. Occupants and holders in good fait1', should
be protected in quantities not lo exceed those allow-
ed by the laws of the Republic or State of Texas.
Censis.—As the time contemplated will be passed
before the next meeting of the Legislature, the ne-
cessary laws should be passed for the requisite
enumeration. No extra session is necessary, lo meet
the constitutional requirement upon ibis subject.
Tasks.—The Governor cannot agree -.villi his pre-
decessor in recommending a reduction of taxes.
Iscoúporatión ok Towns, Cities, kit.—General
law;recommended enabling them to incorporate them-
séh'és on such tcrnis and conillrions as may lio'con-
sistent with the constitution and public policy.
Outstanding Claims against the S'-atk.—The
expenses of the Executive Department. Land Office
and Court of Claims, are very large, and it is believed
they will be still larger, unless the system of pro-
crastination which has characterized legislation re-
garding outstanding cliiims be changed.' Prompt
measures are recommended, requiring the present-
ment and closing of all claims against the Republic
or State of Texas; and that nn amendment to the
constitution be proposed to the people prohibiting
the Legislature from granting relief on any claim
which may have been barred by statute, or which
may not have been fnllv recognized bylaw. There
is no reason why the Suite should not avail itself of
tho Statute of Limitation.
State UnivkksiTY.—lias already been recom-
meuded by Gov. Pease ; and it is hardly necessary
to add anything to what he has said, in order to bo
satisfied of the impórtame of taking action on the
subject. It is hoped no local or sectional feeling will
prevent action being taken this session. An opinion
is expressed by the message favorable to one insti-
,Íi(. i tution. If the I'und were divided, the usefulness of
~ such an institution would be impaired. But if two
aie determined upon, an additional appropriation is
recommended, in furtherance of the object. It would
be folly to attempt the establishment without suffi-
cient endowment in the beginning. (See. next head.)
. Common Schools;—Tlffe system will answer a
most desirable- purpose ¿(gat present carried out.
Nothing can be eSpeciiWrSrotn Common Schools,
however, but. the rndimiintFof a plain English edu-
cation ; and this will not%fi.sv*er all the requirements
,of tile people. The system is incomplete without
something more. The School at^j.University Lauds
for
no
Austin IiiteMigoiicer puolisf
aiij^Kiiu'ey upon suhject./iiud'well remark^
his,article, like thef'prncecdings of his meeting'
ritJHts condensation upon its face^_
Tlrero Is only one piirt-of the letter to
thtiik it necctlssary to allmle, and that is to lie'
in the following extract, in which, for the first Wine,
a new charge is brought forward against the Mexi-
cans.
liA committee of enquiry was sent, and to nieiul
the mater, threats weremade of running the carts
over the lions in Helena and Goliad, and breaking
up the white settlements generally. Next catite a
train of armed gi elisors, whooping arid yelling through
the streets with those disgustingly obsctuié impreca-
lions only Iciiinayto -the Spanish language; vhm
tuey got to La.xnins buttle grorna they stopped and
had a u;ar dunce lo celebrate that fi eld. of their fame,
and. insult lite nanus of the dead.
Did any of our readers ever hear of this. charge
before? We say, with the liitclligcncer. that it is
now to us. and we hazard the assertion, that Mr.
Kinney cannot bring one respectable witness before
¡my Legislative committee to ¡nove it.
The Intelligencer ( Austin) mentions a rencounte
at Plumb Creek on the 27th ult., between Mr. )Ve\|
bor and Mr. Gilmore. It does not appear that eilhej
of the parties was hurt, but Mr. Smilhsou, a spcclj
tor was killed, anil a lady, Mrs. Thomson was wc
deil in the arm. There is said to have been "a 1
in the case."
Th* University Bill has, we regret U>say,
lost by a divided vote in the House of. Represo!
tiyes. On this subject the Intelligcncerv sSySit
the folly of contending for two uiiiversit ics\at a'i
when it would be almost iiupossible to carry OueT
thus putting the bill into the hands of its enemies]
few paralells in legislative proceedings. Could the]
of two or of six succeed, the dispute -as to w|
they should be located would only have been incr
ed."
The Houston Telegraph gives an account
dangerous counterfeit of one dollar notes of the Co
mercial and Agricultural Bank of Galveston,
countefeit is said to lie clumsily executed and easl
detected 011 a narrow inspection. Seven ! were pa
sed at Houston, previous to the publication oft*
caution.
are nearly all located and survcyt ' and sales w 11
"ui equal to live percent oii- one-half Of the cost ol! reason fer 'lm earlv establishment of a University, ii
. «..i..'.„i r.,„.i t „,l i.,1 1,-..^ u-limi.'v. t' .illwlaro hterary excellent in tlios
aract|¡-! Legislature, at its
probably fake place Tliiriug the ye!^ A It is now a
qíléStion for the Legislature to detérnii\e whether
they will take the filial «tops for carrying out the
objects of llie luw. >''¡ére ap|iea'rs no go3d reason
for further delajW'Souie objections arid di.-i"ontent-
which• prevail, will do so hereafter. . The iV.'i--i
¡that a L'nivel^ity Will be for the benefit of the ri
! only, and hoyond Ihe reach of the poor, is fotl.ridi
j ou a fullacy, and should never he euctinraged in
! i:o erninoiit like onrs, based upon the obligations o,
¡mutual rights arid mutual dependence. Anntl
THE EMIGRANT ROUTE.
In a late number of the Picayune we find, aroMij
the California News, a paragraph, which states thai
Lieut. Deale was expected at San Francisco frou
San Diego by the next steamer. He was charged]
with the examination or the country between Ftfi
Defiance arid tho Mohave River, with a view to tho'
construction of the proposed wagon road. One of'
his parly Who had precede ' hint, describes thewhofú
route to be well adapted to elnprant purposes, with
wood auil water abundar,t all the way.
Wc observe that in the English House of Con -,
mons a resolution was offered, •' that the unlimited
liability in joint-stock banks gives rise to a species
of credit injurious to the interests of ihe public, and
that the present law, enforcing tho adoption of tills
principle requires alteration." After some debate,
in «hich Ihe resolution was opposed by Government
being of toó positive a nature, the motion, was
negatived.
t
abcrs
the .colonist's and t li
|ftot)'of the lands, selected
Some of these lands hi *
further issuance of pa
jnnption, at the instance
the Commissioner
suit to
jtb as the School fund, loaned to "railroads whenev-
er it is redeemed. I lutt no éharter íhbitld be renew-
and creditors, must be apparent to ed or extended without bein^ .subjected to the same
restrictions, and where they have commenced work,
a siuulat restriction be imposed, unless • '^st of
lab ir actually performed should be of a correspond ing
Value. A company applying for the loan, should not
be entitled to nioreUfcii olio half of tlie sum provi-
ded by law for any section upon, winch an extension
of time may be granted, and tlie Bct. Authorizing the
investment of the School fundjlioiild be so amended.
Every company should be required to conform t'o the
act regulating railways, whenever prac^cáble; and
.loll, cease
na event to ( ten
keep Its office within t "
road, and a majority of.
residents of the State.
Atlention is invited to si
which art eordialty a]
their privileges can Ii
when wanton and wilfi
it
I
s have taken ppssea-
surveyed under them,
en patented ; but the
been arrested by in-
contractors against
neral Land Office. The
the-rights of 2,700 par-
ry these rights, will be readily
¡y one experienced in litigation,
ie tide of envgration, retard im
tie*, t
compre!
¡t would arrest the title ol em-gra
provement, diminish the value of the country and the
revenue f<?r many years. It would delay a large
' r of citizens in the collection of debts con-
Í upon the faith of the rights of the contrac-
• ■ « " '- - seven years. It
both to con-
would make
onists and
tp which tbe colonists
and títe l tt«r.c
which relieved, .
qniet to a choleé;
all right tc land for construct
tied period,—such period In
or twenty years. That eacl
Conservative and restrictive policy nl
p.;
stions of Gov. Pease,
Companies¡ abiisi ig
claim to inmilgence
rversiriii ls in "
rds Ihe oii-
ions which
ly secure reliance for dispelling the del
shroud our prospects. There may_ be apparcat'self-
more tl'ari ii
inure to„ the
pying antag"-
lation of th
The certi!
the nature < I
a clause incot
n of the
course
hlch
rated in the charters allowing spor-
issue for the grading. Such
lítate the construction, to
ied only, if alienated be-
" the sections for which
i nothing by the issuance
ption. Cspital w ill only
ke hold of tilos which afford the principal cbaH-
communicatinn, and though one company
rail, another will as certainly fake up the line
1 carry it through. The Governor ha* be*rd notb-
v . that wW exert
«ry
who may atteni¿**)>l) aatiiiAaiflui
to public ScuitiméWWM^IloBt the —w-
Noiimal Schools.--If detenniited to éstablil**
Urilversity, it is suggested to connect therewi't'i
Normal School,, for. tho education of teachers of th
Common -uools. ToUun to bo gratis, and the
scholars to be - ¿piect^d from dilti-reut partsjff thei
Slate, in *ncli<Wn-n vers and upon such terms^fc may
bo provided by law. The studies of tlijf school
should be preset iiicd arid confinod to thé/iseful and
practical branches ol' oducaiion, not/Binitting me-
chanics arid agriculture. A small r Imber from this
ifchorl might be selpcted for frety scholarships. If
the narmal branch be ni,t est fished, a few free
scholarships should lie, providjíl for, to be selected
from every portion of the ¿yfte, and in such manner
,y bé:directed. In tl^P connection, attention is
d to tho "SilSfc afi^eMBorale report of James U.
"mondj l'retireí**;iRS"0X-oÉBcio -Sapcrintendcnt of
Common Sctiui
Acrtos e-K fTBvKf sxtfNT AocnTs.—An enactment
is recommended, prohibiting under the most positive
restrictions, any person holding office under govern-
mefit, from acting as agent in any description of
claims against the State whatever.
.GHAPictV.it and Genius' or Institutions.-
¡d cj ■ —-"-1"-O'l' oi "f rvtm Tlaijiano
sliirigion that it is tll^ purpose of the
' —«Rnfe V.f tfe-*-
. tliOSf ..^It 10 t, -. •
character t,o^\slature, at its special scjiíhin,and
euiiowwtion to Coagress In whatever ....
f,,o matter how large the vote cast against it at the
' authorized by the, .Legislature, and uot by
tyieiiS tli*
it ciiineil,
'-f
e^iori
-Allu-
sacrifice in this course, but the Legislature
such conviction would make it at the altar o
public good. If this course pursued, the act óncodr- ... . ... , . . ,
aging internal improvements shou'.d be amended, or tion entire. Commumstio doctrines, aiming a fatal
siort isinade to these, and to the obligation upon
{.Wpeóple's representatives to maintain the institu-
tion entire. Communistlo doctnner '-*-1
blow fcf the rights of all property
' id Northe
spreading in the Eastern an
Confederacy. As"
dpon
hold slaves.
Confederacy,
to aasaults -i
Sooth to
are gradually
orthern States of the
As'yet their developemcnt is confined
the right* of the citizens of the
The «ame reasoning which
icated upon a sound baais would deny the obligation to protect the owner of
. . ■ ■ .... I i _ ' -' S -* MBI. AM - A A la— —« M nl . ■ n ■ r.., alan
slaves, would, when nrged to its conclusion, also
deny the right of ownership and protection to the
homestead and the fireside of the poorest of the
IsrtU. It would extend to every description of prop
ferty recognized among man. Th*** pestilent doc-
trine* are In antagonism with* every principle of _ , ..
•quality and jtnti«*f and in undermining.tb* fowida-j Colin Campb*ll wa* march!
^ntion.
PQR.12.1 Olí liilili tilG£jyv • .
Ni.w Yonk Dec. 21.—The U. S, steamship Adria- ~
tic. from Liverpool on the afternoon of the 'Jth, ha*
arrived.
Fl.ienclal Krtlercs *tc,
Rowelis & Nick. Albert. Pcllier & Co., Ftcill
Edin. Lichenstian & Co., Heaillaiid & Co., of Londi
and J. G. Adams Glasgow, and many others of lei
importance,have failed. The City of Glasgow Bi
shows n large surplds, and will soot, resume.
Hamburg the depression still óontinlies. The Sci
has resolved to establish a State Discount Bi
with a capital of fifty millions.
England.
Parliament has granted Gen. Havelock a pe;
of X1QOO per annum.
The Bank of England indemnity bill has bsei
tiered to a third reading in llie-House of Conn
Porliament will probably adjourn in a few
The Leviathan is making slow progres* wat:
France.
The Bank of Franco rates have again been
ed one per cpnt.
The Corps LegiSlatif has adjourned to
January. .
, Spain,
The Mexican imbioglio assumes a mora
; bo. \
Severe fifth ting had. taicen place a£ Ludb
Sir Jsines Outram was wounded,
We have one week's ¡later advice*
Havelock was etift "
í i
lint
to I
*
m m
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MacLeaod, Aeneas. The San Antonio Ledger. (San Antonio, Tex.), Vol. 8, No. 1, Ed. 1 Saturday, January 2, 1858, newspaper, January 2, 1858; San Antonio, Texas. (https://texashistory.unt.edu/ark:/67531/metapth179452/m1/2/: accessed June 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.