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equal rank and -endowment with the literary department of the
University. But if the University should be located West of said
River, then such college shall be established East of the same."

The question being on th-e adoption of the amendment, the ayes
and nays were called for,

Mr. Rainey said: I sincerely desire to vote for this bill, and I
would like to see it so amended that I could vote for it.

I would vote for the bill, provided the House would accept an
amendment locating the University as near the centre of population
as possible. I would then heartily, cordially, most cheerfully and
unreserved support it. Unless that is done I cannot vote for it;
or unless the University is divided, or at least the matter so ar-
ranged, that if the main University is located in the West, then the
East shall be entitled to a Literary Department, and vice versa, in
either event I will vote for the measure.

Cries of — "Call the roll! call the roll!"

The House refused to adopt the amendment by the following vote:

Yeas — Messrs. Speaker, Bishop, Burnett, Chilton, Doom, Gas-
ton, Harris of Titus, Harrison, Hart, Henderson of Cass, Jennings,
Johnson, Lacy, Lloyd, McKenney of Hopkins, Norton, Rainey, Ross,
Runnels, Walling, Waterhouse and Witt — 23.

Nays — Messrs. Aycock, Barnard, Bee, Brown, Buckley, Chance,
Cleveland, Clow, Cooley, Craig. Dalrymple, Dennis, Edwards, Evans
of Austin, Evans of McLennan, Fish-er, Everett, Hall, Hardeman,
Harris of Guadalupe, Haynes of Starr, Haynes of Washington, Hen-
derson of Harris, Higgins, Howerton, Joseph, Kinney, Kittrell,
Latham, Lee, McKinney of Travis, Merriman, Mills, Navarro, Powell,
Price, Reeves, Rhodes, Roberts, Rogers, Shannon, Smith of Fannin,
Smith of Orange, Tait, Upshaw, Waelder and Wood — 47.

Mb. Hart proposed a substitute for first section of the bill, sub-
mitting the question to the people at the next general election.

Mr. Evaxs of McLennan ^said: I ask if that is not conferring
Legislative powers upon the people at the ballot box?

Mr. Hart: That is not the question. I want the vote taken on
it; let every man decide for himself.



A Source Book of the University of Terns 155

The Ayes and Nays being called, on reading the name of Mb. Bar-
nard, he rose and said:

Mr. Speaker, I deem it it my duty at this time to explain the rea-
.sons tor my vote. I have opposed this whole measure, firmly believing
that it is not for the interests of the people, nor in accordance with
their wishes. But, leaving the matter directly to them, we get an
unmistakable expression of their sentiments; and their decision I
will most cordially support.

I vote AYE.

Mr. Evans of McLennan, when his name was called, said: I do
not vote against this substitute because I fear to submit this or
any other question to the people. But I vote against it because it
is an attempt to give Legislative powers to the people. I therefore
vote NO.

After some remarks by Messrs. Jennings and others, lost by the
Reporter in the confusion, Mr. Norton said: This substitute sub-
mits this question to the decision of the people. It was not one of
the issues before the people in my district, nor was it, I believe, in
the majority of the districts in the State of Texas. And the people
being the supreme arbiters in all matters of this kind, I yield it to
them most cheerfully. I am unwilling, for one, that this impor-
tant question should be finally settled upon this floor. I have pro-
tested before against the decision of the question in this manner;
and before I cast my vote now, I wish to say that my voice is in
favor of submitting this matter to the people, the source of all
political power, in oppos.tion to all cliques, and the influences here
brought to bear to build up institutions of this kind, after a largi
proportion of the representatives who compose this body have re-
turned to their homes.

Mr. Reeves: As I believe the Legislature is the only authority
by which we can make laws, I vote NO.

Mr. Shannon: I am fully satisfied now that some of the members
upon this floor are not willing to have the people decide upon mat-
ters of this kind. I am fully satisfied that the wisdom of this
Legislature has determined that the people of Texas are not capa-
ble of deciding a matter in which they and every one of them are
particularly interested. I am but a single representative. The peo-
ple of my district, perhaps the largest in the State, are only repre-
sented by one individual, and for all of them I vote AYE.

The House refused to adopt the substitute by the following vote:

Yeas — Messrs. Barnard, Bishop, Burks, Burnett, Doom, Gaston,
Harris of Titus, Harrison, Hart, Jennings, Johnson, Kirk, Lacy,
Lewter, McKenney of Hopkins, Norton, Rainey, Rhodes, Ross, Shan-
non, Shelton, Walling, Waterhouse, Witt and Wood — 25.

Nays — Messrs. Speaker, Aycock, Bee, Brown, Buckley. Chance,
Cleveland, Clow, Cooley, Craig, Dalrymple, Dennis, Edwards, Evans



156 University of Texas Bulletin

of Austin, Evans of McLennan, Everett, Ficher, French, Hall, Harde-
man. Harris of Guadalupe, Haynes of Starr, Haynes of Washington,
Henderson of Cass, Higgins, Howerton, Joseph, Kinney, Kittrell,
Latham, Lee, McKinney of Travis, Merriman, Mills, Munson, Navarro,
Poag, Powell, Price, Reeves, Rogers, Smith of Fannin, Smith of
Orange, Tait, Upshaw and Waelder — 47.

Mb. Walling moved to "strike out 25 leagues of the land hereto-
fore set apart for the establishment of two Colleges, or University,
by the Republic of Texas in the year 1839, and appropriate 30
leagues of the unappropriated Public domain of the State."

Mr. Walling said: If you are not willing to accept of that, won't
I be convinced, and the world at large, that you do want to take our
land, and give us no show at all? I want that recorded, that our
countrymen may know what treatment we have received here.

The House refused to adopt the amendment.

Mr. Norton offered the following amendment: Amend section 9th,
so as to read as follows:

"Sec. 9. Instruction at the University, and boarding, lodging,
clothing and washing, and other necessary expenses of the student,
shall be free."

The House refused to adopt the amendment by the following vote:

Yeas — Messrs. Barnard, Bishop, Burnett, Doom, Evans of McLen-
nan, Gaston, Harris of Titus, Harrison, Hart, Johnson, Kirk, Lacy,
LeSueur, Lewter, McKenney of Hopkins, Norton, Rainey, Reeves,
Rhodes, Roberts, Ross, Shannon, Shelton, Walling, Waterhouse, Witt,
and Wood.

Nays — Messrs. Aycock, Bee, Brown, Buckley, Burks, Carroll,
Chance, Cleveland, Clow, Cooley, Craig, Dalrymple, Dennis, Ed-
wards, Everett, Ficher, French, Hall, Hardeman, Harris of Guada-
lupe, Haynes of Washington, Henderson of Cass, Henderson of Har-
ris, Higgins, Howerton, Joseph, Kinney, Kittrell, Latham, Lee, Mc-
Kinney of Travis, Merriman, Mills, Munson, Navarro, Poag, Powell,
Price, Rogers, Runnels, Smith of Fannin, Smith of Orange, Tait, Up-
shaw and Waelder — 4 5.

Mr. Chilton moved to reconsider the vote by refusing to adopt the
amendment of Mr. Walling; lost by the following vote:

Yeas — Messrs. Barnard, Bishop, Burnett, Doom, Gaston, Harris
of Titus, Harrison, Hart, Johnson, Kirk, Lacy, LeSueur, Norton,
Rainey, Reeves, Rhodes, Ross, Runnels, Shelton, Walling, Water-
house and Wood — 22.

Nays — Messrs. Speaker, Aycock, Bee, Brown, Buckley, Burks,
Carroll, Chance, Cleveland, Cooley, Craig, Dalrymple, Dennis, Ed-
wards. Evans of Austin, Everett, Fisher, French, Hall, Hardeman,
Harris of Gaudalupe, Haynes of Washington, Henderson of Cass,
Higgins, Howerton, Joseph, Kinney, Kittrell, Latham, Lee, McKin-
ney of Travis, Merriman, Mills, Munson, Navarro, Poag, Powell,



A Source Book of the University of Texas 157

Price, Rogers, Shannon, Smith of Fannin, Smith of Orange, Tait,
Upshaw, Waelder and Witt — 4 6.

Mb. Wood offered the following amendment:

"The Treasurer of the State shall be required to give bond, with
two or more sufficient sureties, to be approved by the Governor,
in the sum of $200,000, conditioned for the faithful performance of
his duties as Treasurer of the University."

The House refused to adopt the amendment by the following vote:

Yeas — Messrs. Bishop, Burnett, Doom, Evans of McLennan, Har-
ris of Titus, Harrison, Hart, Jennings, Johnson, Kirk, Lacy, LeSueur,
Lewter, Lloyd, Norton, Poag, Rainey, Reeves, Rhodes, Roberts,
Ross, Shannon, Shelton, Walling, Waterhouse, Witt and Wood — 28.

Nays — Messrs. Barnard, Bee, Brown, Buckley, Burks, Chance,
Cleveland, Collier, Craig, Dalrymple, Edwards, Evans of Austin,
Everett, Fisher, Hall, Hardeman, Haynes of Starr, Haynes of Wash-
ington, Henderson of Cass, Henderson of Harris, Joseph, Kinney,
Kittrell, Latham, Lee, McKinney of Travis, Merriman, Mills, Mun-
son, Navarro, Powell, Price, Rogers, Smith of Fannin, Smith of
Orange Tait, Upshaw and Waelder — 40.

Mr. Harrison moved to amend by striking out $100,000, and in-
serting $50,000; lost.

Mr. Norton offered the following amendment:

Amend by striking out of the 4th section, "Surgery and Medicine,"
"Ethics," "the law of Nature, of Nations, and of Municipal law"

Mr. Norton said: That amendment strikes out of the bill the
law and medical department. I make the motion with this view:
If it is the determination of the members of this body to establish
a University on a scale of this kind, I desire it to go forth that I
for one am opposed to placing among the branches to be taught In
the institution the sciences of Law, Medicine, and Surgery. I am
unwilling at the expense of the State to manufacture lawyers and
physicians, while those gentlemen are in the habit of making the
people pay, and pay well, for attending their cases. I conceive it
would be wrong to give them their professional education at the ex-
pense of the state.

The House refused to adopt the amendment.

Mr. Rhodes offered the following amendment:

"Sec. — . The said University shall be located at the city of
Austin."

On motion of Mr. Price, laid on the table.

The question being the passage of the bill to its third reading,

Mr. Doom said: I ask the House to indulge me for a moment. I
only wish to appeal to the opponents of this bill, and ask them to
cease their hostility, and let the vote be taken. I have done all I
could do to defeat this project, and to satisfy my constituents. I



158 University of Texas Bulletin

hope other gentlemen have done all they could, and that they will
now consent to take the vote.

Mr. Norton: I wish to offer one more amendment, and the last.

Mr. Norton offered the following amendment:

Insert after "administrator" wherever it occurs, "or executors."

Mr. Roberts said: I am one of those who believe that a majority
should rule. I am fully satisfied that a large majority of this
House are voting against my opinion and wish. But I feel it my
duty to move the previous question on this bill.

The previous question was not seconded.

The House refused to adopt Mr. Norton's amendment.

The question recurring on the passage of the bill to a third
reading, the ayes and nays were called for.

Mr. Bishop, when his name was called, said: T have been as
anxious to see this measure succeed as anybody in this House. But
the amendments which I conceived absolutely necessary have all
been voted down, and in its present shape, I cannot conscien-
tiously support this bill. I regret it, but I am compelled to vote no.

Mr. Jennings: — Having intended, from the time I first heard this
bill read, to vote for it, and in doing so, separating myself from
most of the friends with whom I acted when the subject was up
before, I beg the indulgence of the House while I state my reasons
for pursuing this course. When this question was first sprung, the
proposition had no more ardent and far-going friend than myself. I
did not then design to offer any amendment to it. But when' that
amendment came up, its obvious justice to the portion of the country
from which I come, its 'general propriety and consonance with every
principle of right, commended it to me in the most decided terms,
and I took such a part for it as my humble ability enabled me to do.
But when the question was sprung again, and came from the Sen-
ate, it came in a shape in which it could interfere neither with my
peculiar views nor those of 'any other member, or any person in the
State of Texas, provided he was but a friend of the University. It
comes here as a simple proposition to set apart a certain portion of
the money in the Treasury, and a certain portion of the public lands
of the State, for the purpose of establishing a University. It does
not authorize one human being to touch a dollar of that money
or an acre of that land, until the Legislature shall again convene in
another session, or, in other words, until the power to touch them
shall be communicated by another law, and that can only be done
at another session.

Here followed some sentences lost by the Reporter.

Mb. Jennings voted AYE.

Mr. Norton said: To set myself right on this question, I shall
vote NO.



A Source Book of the University of Texas 159

Mb. Rainey: I understand this bill to be on its third reading,
and not its final passage. I wish to say here that I did not assist
in calling the House for the purpose of opposing or obstructing the
action of the House upon this measure. And as I believe that there
is a considerable majority in favor of this bill, not being disposed
to make anything like a factious opposition to it, I will vote AYE.

The bill passed to a third reading by the following vote:

Yeas — Messrs. Aycock, Bee, Brown, Buckley, Chance, Chilton.
Cleveland, Clow, Cooley, Craig, Dalrymple, Dennis, Edwards, Evans
of Austin, Evans of McLennan, Everett, Fisher, French, Hall, Harde-
man, Harris of Guadalupe, Harris of Titus, Haynes of Starr, Haynes
of Washington, Henderson of Cass, Henderson of Harris, Higgins,
Howerton, Jennings, Johnson, Joseph, Kinney, Kittrell, Latham, Lee,
McKinney of Travis, Merriman, Mills, Munson, Navarro, Powell,
Price, Rainey, Rogers, Ross, Shelton, Smith of Fannin, Smith of
Orange, Tait, Upshaw, Waelder and Witt — 52.

Nays — Messrs. Speaker, Barnard, Bishop, Burnett, Doom, Gaston,
Harrison, Hart, Kirk, Lacy, Lewter, Lloyd, Norton, Poag, Reeves,
Rhodes, Roberts, Shannon, Walling and Waterhouse. — 20.

Mr. Hexdersox of Harris moved a suspension of the rule to put
the bill on its final passage; lost by a vote of 52 y-eas to 24 nays.

On motion, the House adjourned until 9% o'clock A. M. to-
morrow.

House, February 5, 1S58; pp. 157-158

University

Th© University Bill being before the House,

Mr. Burxett said: — Mr. Speaker, I desirp to submit a few remarks
upon this question now before the House. I, sir, intend to record
my vote against the bill; and I hope that the members upon this
floor will indulge me for a few moments, that I may briefly state the
considerations which influence my action.

T do not propose to enter into a lengthy discussion upon this ques-
tion, nor do I wish to be understood as being opposed to the cause
of education; far from it. But I feel, sir, that my course upon thia
important question will be endorsed by a majority of my constitu-
ents, as they believe in the old Democratic doctrine of equality.
Special privileges to none, but equal privileges to all; and the great-
est good to the greatest number. To those time-honored principles
I have ever adhered. They are, sir, inscribed upon the banner that
I bore to this capitol. And I think. Mr. Speaker, that we an
ing hastily upon this matter. This question should be thoroughly
canvassed before the people, and their voices should be heard; as
they are the ones to furnish, the money to build this University.
And let me say to those gentlemen who favor the bill to establish



160 University of Texas Bulletin

one mammoth State University, and who are in favor of appropriat-
ing such enormous amounts of money and domain, that they should
consider it well. Our course upon this delicate and important ques-
tion should be marked with due deliberation. Let us not put the
cart before the horse. The old maxim is to teach a child how to
crawl before it walks. Then, Mr. Speaker, let us first lay the foun-
dation for the acquirement of the rudiments of knowledge. Let us
place our common school system upon a firm basis before we vest
our constituent's money and their domain in any enterprise of
doubtful expediency. There is no subject, Mr. Speaker, in which
the people of Texas have a deeper interest than in common schools.
And we should be prompted in this matter by the highest impulse
of duty, by our responsibility to our constituents and to the cause
of human improvement. Let us heartily co-operate to place our
common school system on a basis which cannot be shaken. Our
school law is defective, and I profess not to be able to state the
defect nor to suggest the remedy. But I know the object. The
object is to place within the reach of every child in the broad limits
of our State of sufficient age, the means of acquiring at least the
rudiments of knowledge; and it is, Mr. Speaker, impossible for me
to conceive of any other measure of State policy that so much de-
serves the fostering care of the Legislature as well as the encour-
agement and support of every citizen. We cannot over-estimate the
importance of common schools as the means of civilizing our race,
of developing the moral and intellectual powers with which man is
endowed, and fitting him for his duty as a citizen and a member of
society. The object is to bring into action the mass of talent which
lies buried in poverty in our country for the want of means of de-
velopment.

Another important advantage results from general education.
An intelligent man is more valuable to society than an ignorant
one; and the State that makes provision for universal instruction
will find a certain and ample reward in the improved capacity for
usefulness of its citizens and in the increase of wealth and pros-
perity. And, Mr. Speaker, there is another view of this subject that
gives it peculiar importance to my mind. An overwhelming ma-
jority of our citizens are unfortunately poor, and there is not more
than one-tenth man who is able to send sons to this University and
pay their tuition and board.

And, sir, I for one am unwilling to appropriate the means of the
remaining nine-tenths to the exclusive benefit of those best able to
educate their own children. I think, Mr. Speaker, that it would be
better for us to fall upon some plan to educate those who are not
able to educate themselves, and thereby make them good and intel-



A Source Book of the University of Tt a s 16]

ligent voters and useful to society. This is essential to our free-
dom.

Mr. Kittrell said: — Mr. Speaker, I will ask the gentleman from
Houston if we propose to take any of the school funds to build this
University?

Mr. Burnett: — Well, Mr. Speaker, I suppose not. But you pro-
pose to take land which is equivalent. I will try and satisfy the
gentleman before I get through. I will now come directly to the
question before the House, and take a view of this magnificent Uni-
versity that we are about to build, with all of its lofty columns and
its majestic dome. There are three questions that I have pro-
pounded to myself and pondered them well in my mind. 1st.
what is it to cost? 2d. Where is it to be located? 3d. Who
are to be the beneficiaries? The bill proposes to set apart $100,-
000 and 442,800 acres of land to commence with. And, sir, will
there not be applications made to every Legislature from now until
time immemorial for more money to carry on this great enterprize?
They will need a few more books, a few more teachers, and per-
haps another addition to the House; and I ask will not this be the
case as it has been in all public enterprises? But again, where is
it to be located? In Austin, as a matter of course. But, Mr.
Speaker, let me say to the friends of this bill, that I know of a
better place at which to locate a University than Austin. I know
of one of the best places in all Texas for a University. The best
people that I ever got acquainted with are there; health and good
water are there; good timber of all description is there, in fact
every facility that would be necessary, is there. And it- has ever
been the will of kind Providence to bless that people with abundant
subsistance. That place, Mr. Speaker, is Crockett, Houston county.
Now, if the friends of this bill will conclude to locate it there, It
might be some inducement for me to support the bill. But to the
question — who, sir, is to be benefitted by this outlay? A privileged
few, in the enjoyment of wealth and prosperity? Or the hard-
working, barefooted, wool-hatted, copperas breeches, one gallowsed,
double-fisted, road working and tax-paying masses? Are these the
beneficiaries? If so, I will support the bill.

Mb. Brown said: Mr. Speaker, I desire to ask the gentleman from
Houston a question.

Mr. Burnett: — Mr. Speaker, I don't wish to be interrupted. I
will be through in a few minutes, and if the gentleman wishes to
reply, he can then have an opportunity of doing so.

I ask, sir, if the children of the masses lack common school fa-
cilities? If so, had not the outlay for a University be better em-
ployed in furnishing those facilities — facilities within the reach of
all, and which are needed by the very class of people, whom every

11—227



162 University of Texas Bulletin

consideration of policy and benevolence requires to be correctly
trained in intellect and morals to make good and intelligent citi-
zens and voters? How many families, say out of 1,000, can afford to
send sons to this University? Say 50; then, sir, shall the means
of the remaining 950 be appropriated to the exclusive benefit of
those best able to get along on their own resources? Will not
such an institution smack strongly of special privileges — other-
wise aristocracy?

And, sir, I see that a law and medical department are to be
attached to this institution. I am opposed to our State manufac-
turing Doctors and Lawyers. God knows we have enough of them
in the country, and a fair prospect of more of the same sort. A
law and medical department; I ask if they are not professions by
which men earn their living; are they not professions by which men
earn their daily bread? So is shoe making; so is tailoring; so
is printing, and so is blacksmithing. Why not a department
for each of those? Why not a department for each and every art
requiring study and practice? Why should the State educate the
lawyers and not the blacksmith? Does not the blacksmith render
more service to the country than the lawyer? I think so.

Again, sir, is not our State scantily populated, and will not the
time come when a greater number and increased wealth will en-
dow colleges, as Harvard, Brown, Trinity, Yale and Union, and a
number of institutions of learning have sprung up as public neces-
sity calls for them? Are we not premature about this University
anyhow? Instead of a University with so many departments of
learning, why not a State normal school, where the rudiments,
elementary principles and more advanced sciences can be taught at
State's cost, to young men and young ladies who design to make a
profession of teaching, and who will ultimately make a University
of every district schcol, minus the lofty columns and majestic
dome? Let the University be for the universal scientific education
of the masses. Let the common school system be the University in
which the farmer on 40 acres can educate his sprightly barefooted
son, as well as the rich man. Let a well informed people be the
columns, and their aggregate respectability the dome of a Univer-
sity — deserving that appellation. With these I can defer the dome
or Corinthian adornments, to a period when wealth and taste can
afford them without sacrifice of national interest, and when pri-
vate enterprise and generosity will endow Colleges as in older
communities has already been done. 1st. Make our common
schools free to those that are not able to educate their children.
2d. Establish a State normal school to prepare teachers qualified
to make every common school a miniature College or University.



A Source Book of the University of Texas 163

House, February 7, 1858; pp. 73-75
University Bill

On the final vote, Mr Speaker Locke, after his name was called,
said:

Mr. Speaker, the subject before the House is one certainly of
much importance to the State. It is important, sir, because of the



Online LibraryHarry Yandell BenedictA source book relating to the history of the University of Texas: legislative, legal, bibliographical, and statistical → online text (page 19 of 89)