Harry Yandell Benedict.

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port taken up, read, and the report amended by striking out "$S."
and inserting "$5."

The report was then adopted and the bill passed to 3rd reading.

Rule further suspended, bill read .'!rd time and passed. ■

July 14; S. J., p. :*X

S. B. By the Committee on Education.

To create a fund for the erection and support of a University.

Read; on motion of Mr. Bryan made the order of the day for
Tuesday the 22nd instant.

July 22; pp. 88-90

A bill to establish a State University, together with the report
of the committee on education, offering a bill appropriating $400,-
000 as a permanent fund for the erection and support of a State
University, as a substitute was read, and substitute adopted by the
following vote:

Yeas — Messrs. Allan, Bryan, Burroughs, Caldwell, Grimes, Lott,
McCulloch, McDade, Palmer. Pirkey, Potter, Scarborough, Taylor of
Cass, Whittaker and White — 15.

Nays — Messrs. Armstrong, Flanagan, Guinn, Martin, Maverick,
Millican, Pedigo, Russell, Scott, Taylor of F; Taylor of H; Truitt,
Weatherford, and Wren. — 14.

Mr. Flanagan offered the following amendment, "and that $200,-
000 shall be appropriated to the building of a university in the 1st
congressional district of the State, which said university shall be
located at any place in said district that a majority of the voters
may designate."

Mr. Potter offered as a substitute for the bill and amendment,
"A bill setting apart four hundred thousand dollars for university
purposes." Adopted by the following vote:

Yeas — Messrs. Allen. Bryan, Burroughs, Caldwell, Grimes, Lott,
McCulloch, Palmer, Potter, Scarborough, Taylor of Cass, Taylor rf
Houston, Whitaker and White — 14.

Nays — Messrs. Armstrong, Flanagan, Guinn. Martin, Maverick,
Millican, Pedigo, Russell Scott, Taylor of Fannin, Truitt, Weather-
ford and Wren — 13.

48 University of Texas Bulletin

.Mr. Armstrong moved to amend the 1st section of the bill by add-
ing ■ — ■ "and that said $400,000 be distributed among the several
counties of the state, according to white population, to be loaned
to any counties for the construction of Rail Roads, using the interest
for the purpose of common schools."

The President ruled the amendment out of order:

Mr. Taylor of Cass offered the following amendment, Sec. ■ -,

and that the sum of three hundred thousand dollars be and the
same is hereby set aside and appropriated, for the erection of an
insane asylum, to be located in the eastern congressional District.

On motion of Mr. Burroughs, the amendment was amended by
striking out $300,000 and inserting $100,000.

Mr. Palmer offered the following as a substitute for the amend-
ment as amended — "And the sum of $100,000 for the purpose of
establishing one or more insane asylums, to be established as here-
after determined by law."

On motion of Mr. McCulloch the amendment and substitute were
laid on the table.

Mr. Lott moved a re-consideration of the vote adopting the sub-
stitute offered by Mr. Potter, l6st by the following vote:

Yeas — Messrs. Flanagan, Guinn, Lott, Martin, Millican, Pirkey,
Russell, Scott, Taylor of Fannin, Taylor of Houston, Truitt, Weath-
erford and Wren — 13.

Nays — Allen, Armstrong, Bryan, Burroughs, Caldwell,. Grimes,
McCulloch, Merrick [Maverick], Palmer, Pedigo, Potter, Scarbor-
ough, Taylor of Cass, Whitaker and White — 15.

Mr. Armstrong offered the following amendment, "strike out the
word "university" wherever it occurs in the bill and insert "com-
mon schools in the several counties of the State."

On motion of Mr. Allen the amendment was laid on the table by
the following vote:

Yeas — Messrs. Allen, Bryan, Burroughs, Caldwell, Grimes, Guinn,
Hord, Lott, McCulloch, McDade, Palmer, Pirkey, Potter, Scarbor-
ough, Taylor of Cass, Whittaker and White — 17.

Nays — Messrs. Armstrong, Flanagan, Martin, Maverick, Millican,
Pedigo, Russell, Scott, Taylor of Fannin, Truitt, and Weather-
ford — 11.

Mr. Flanagan offered the following amendment, strike out all
that conflicts herewith, and add, "of State Universities, one of
which shall be in the first political division of the State, being the
first congressional district, at any place that may be legally desig-
nated, and the 2d shall be located similarly, in the second political

Mr. Palmer moved to lay the amendment on the table. Lost by
the following vote:

A Source Book of tic University of Texas 49

Yeas — Messrs. Allen, Bryan, Burroughs, Caldwell, Grimes, I lord,
McCulloeh, McDade, Maverick, Palmer, Potter, Taylor of Cass and
White — 13.

Nays — Messrs. Armstrong Flanagan, Guinn, Lott, Martin, Milli-
can, Pedigo, Pirkey, Russell, Scott, Taylor of Fannin, Taylor of
Houston, Truitt, W-eatherford, Whitaker and Wren — 16.

July 24; S. J., pp. 106-107

A bill setting apart $400,000 for University purposes — special
order for to-day, was taken up and read.

On motion of Mr. Fianagan, a call of the Senate was ordered.
The Senate being full, the consideration of the amendment of-
fered by Flanagan to the bill was resumed.

The amendment was then rejected by the following vote:
Yeas — Messrs. Armstrong, Flanagan, Guinn, Lott, Martin, Mav-
erick, Millican, Pedigo, Russell, Scarborough, Scott, Taylor of Fan-
nin, Taylor of Houston, Weatherford and Wren — 15.

Nays — Messrs. Bryan, Burroughs, Caldwell, Grimes, Hili, Hord,
McCulloeh, McDale, Palmer, Pirkey, Potter, Supervielle, Truit,
Whitaker, and White — 15.

On motion of Mr. Truit, the vote rejecting the amendment was
reconsidered, and the amendment was again rejected by the fol-
lowing vote:

Yeas— Messrs. Armstrong, Flanagan, Guinn, Lott, Martin, Mav-
erick, Millican, Pedigo, Russell, Scott, Taylor of Fannin, Taylor of
Houston, Truit, Weatherford and Wren — 15.

Nays — Messrs. Allen, Bryan, Burroughs. Caldwell, Grimes, Hill,
Hord, McCulloeh, McDade, Palmer, Pirkey, Potter, Scarborough,
Superviele, Taylor of Cass, and Whitaker — 16.
Mr. Martin offered the following amendment:

Strike out "Universities" and insert '"to be located at Tehua-
cana Springs, in Limestone County."

Laid on the table by the following vote:

Yeas — Messrs. Allen, Armstrong, Bryan. Caldwell, Grimes, Guinn,
Hill, Hord, McCulloeh, McDade, Maverick, Palmer Pedigo Potter,
Scarborough and Supervielle — 16.

Nays — Messrs. Burroughs, Flanagan, Lott, Martin, Millican, Pir-
key, Russell, Scott, Taylor of Cass, Taylor of Fannin, Taylor of
Houston, Truit, Weatherford, Whitaker and Wren — 15.

On motion of Mr. Flanagan, the bill was then laid upon the table
by the following vote:

Yeas — Messrs. Armstrong, Burroughs, Flanagan, Grimes, Guinn,
Lott, Martin, Maverick, Millican, Pedigo, Russell, Scott, Taylor of
Cass, Taylor of Fannin, Taylor of Houston, Truit, Weatherford,
White and Wren — 19.


50 University of Te&as Bulletin

Nays — Messrs. Allen, Bryan, Caldwell, Hill, Hord, McCulloch,
.Mel lade, Palmer, Pirkey, Potter, St-arborougli, Supervielle and
Whitaker — 13.

Aug. 2:J; S. J., p. 330

O. B. 187 — By Mr. Palmer.

To establish a State University.

.Mr. Palmer introduced a bill to establish a State University;
read 1st time.

Rule suspended, and bill read 2d time.

Mr. Armstrong moved to refer the bill to the Committee on
Education — lost.

Mr. Flanagan moved to amend by striking out "suitable place"
and inserting "Tyhuacana Springs," — lost.

Mr. Caldwell moved to strike out "Brazos" and insert "Colo-

On motion of Mr. Taylor of Cass, the previous question was

The bill was then ordered to be engrossed.

Rule suspended, bill read 3d time, and passed.

[The State Gazette Appendix supplements the Senate Journal as follows:]

July 22, 1856; S. G. A., Vol. I, Part II, pp. 43-4r>

The Senate took up the Report of the Committee on Education,
on a bill to provide for the erection of a State University.

The Committee offered a substitute for the original bill, which
provides that the sum of $400,000 of the United States indemnity
bonds be set apart and appropriated to the erection of a State

On motion, the substitute was adopted.

Mr. Flanagan offered an amendment, that two hundred thousand
dollars be appropriated to building a University in the [First] con-
gressional District of the State, which shall be located at any place
which a majority of votes shall designate.

Mr. Bryan made an eloquent and patriotic speech, deprecating
any sectional action in disposition of the University fund.

Mr. Lott: — Mr. President, I desire to make a few observations in
reference to the amendment now pending, and in doing so I will
remark that I am well pleased with what has been said by the dis-
tinguished senator from Brazoria (Mr. Bryan) on the subject and
policy of educating our children at our own institutions.

The only difference between us is, that I believe the fund now
proposed to be appropriated to University purposes for the edu-
cation of the rising generation, should be done in such manner as

A Sourct Hunk of tin University of Tims 5J

to leave no cause for legislation on this subjecl hereafter. To dis-
tribute this fund equally between the Eastern and Western portions
of the State, I trust no sectional feeling will be aroused. It is not
a subject, in my humble opinion, calculated to engender strife and
foster sectional prejudices between the two grand divisions of the
State; for it is a question that claims the consideration of cadi and
every individual in the State at this time, but we find that at the
earliest period in our history, in 1S39, the Republic of Texas en-
acted a law to set apart and reserve from the Public Domain fifty
leagues of land for University purposes. And we find further, that
even at this early period, instead of these lands being appropi
for the erection and endowment of "A State University," the law
expressly provides and declares that it is set apart for two univer-
sities, one to be located in the Eastern division of the State and
the other in the- Western division.

It is the object of this Legislature to appropriate the sum of
400,000 dollars as permanent fund to carry out the objects contem-
plated in the passage of that law. It appears to me, sir, it is the
intention of Ibis Legislature to appropriate this fund to educational
purposes that no injury can result to say it shall be set apart for
two I'ni versifies.

And again, this fund may not be applied to the purposes for
which it is appropriated for many years to come, perhaps the Sena-
tors who are now living will have passed away and another genera-
tion shall enter upon the stage of action, when it will be pleaded
that this fund was appropriated by this Legislature to one Univer-
sity, unless the contrary is expressly declared.

It has been argued by the honorable Senator from Brazoria (Mr.
Bryan) that 400,000 dollars will not be sufficient to erect and en-
dow two Universities. But this fact must, not be forgotten that the
people will come .up, and emulated with a noble desire to secure the
establishment of magnificent institutions, will subscribe two or
three hundred thousand dollars, in addition to the two hundred
thousand dollars now appropriated by this bill. The people in the
vicinity of these Universities will feel a deep and abiding interest
in all these institutions; they will watch over them and
do everything in their power to make them such institutions as will
be an ornament to the locality in which they are located and an
honor to the State of Texas.

I trust then, sir, in view of all these considerations in favor of
establishing two Universities, this Legislature will endeavor to
carry out the policy of the law of 1S30, appropriating 50 h:i^u>'S
of land to two State Universities. The funds belongs to the peo-
ple of the State, to the East as well as the West, and it is nothing
but sheer justice to the East that they be allowed one state l'niver-

52 University of Texas Bulletin

sity. And again, Mr. President, there are strong considerations
that should induce us to take action on this subject. We now have
the money. Sir, it belongs to the people of Texas, not to any par-
ticular locality or city, and should be appropriated with reference
to the great mass of the people. They claim it, sir, as they have a
'right to do. We cannot dispose of it more appropriately, more
honorably than to set apart four hundred thousand dollars for the
endowment of two State Universities, and there are strong reasons
why they should be located at an early period. In the first place,
sir, as has been well observed, we are daily sending our sons and
daughters to the North to acquire an education that will fit and
prepare them to act their proper sphere, assume the levied respon-
sibility of this government, to enable them to appreciate its bless-
ings, to enjoy and perpetuate the rich boon that have been handed
down to us, and when the wheel ceases to turn — that we may trans-
fer it to them with its original purity as it came from the hands of
our fathers. We should recollect that the early provisions [pioneers]
of the Lone Star are passing away one by one — they will soon be
gone. The condition and circumstances in life have not been such as
to enable them to educate their children, their posterity have been
neglected; they have stood upon the watch tower whilst many of
us have slept; they have gallantly fell while fighting the battles of
your country — far frpm home in distant climes, without the part-
ing admonition of a dying husband or father. The posterity of
such spirits, are entitled and should receive the fostering care of
this government. They are jewels that have been plucked from
monuments of wisdom and virtue. But, Mr. President, how stands
the case? Here we have a princely inheritage, the result of their
long struggles, the clangor of their arms have long since passed
away. Twenty years and over have rolled around; their children
are growing up in our midst; in most cases destitute of means,
without the advantages of even a common education; in many in-
stances ignorant, entirely ignorant of the history, or gallant deeds
of their fathers; and here we are scrambling for a small pittance,
the sum of four hundred thousand dollars, for educational pur-
poses, or the endowment of Universities. It would be a devout, a
most glorious appropriation — let us first appropriate the money.
One to be located East and the other West, and if the Legislature
can not amicably locate them, let the people do it at the ballot box,
speedily and without mangling amongst ourselves. I believe the
people will add rich fund to the appropriation, in land and money,
and will light up a torch that will illuminate the State; that will
dispense knowledge, that will be of lasting and permanent good to
the State.

A Source Book of the University of Texas 53

It is a propitious time — knowledge is power, and we should keep
steadily in view that which alone can make us a prosperous and
happy people.

Mb. Millicax — -Mr. President, my view upon the policy of estab-
lishing a State University has been repeatedly made known to you,
but for fear they may be misunderstood on this occasion, I desire
to make a few remarks, merely to say that I occupy Ihe same posi-
tion I held when this subject was before this body last session;
that it is not now expedient for the State to invest her funds in a
measure of this kind. I voted, then, against a bill making an ap-
propriation of 400,000 dollars for a State University. My con-
stituents have fully endorsed that vote and believed I acted as a
wise and patriotic Legislator should act, with due regard to futur*
prosperity and honor of our State.

I object to the appropriation being made, because I believe the
time has not arrived when the children of the State actually require
an institution of the high grade which this State University is to be.
I object to it, because, only a very small proportion of the people
can, or will, avail themselves of the advantage of such an institution,
and those that can be benefitted by it, are ^ealthy class, who
are abundantly able to educate their own children at their own
expense without the aid of the State.

I will remark, however, that should it be the policy of this Legis-
lature to appropriate a fund for this object, I am willing to vote
for the amendment offered by the Senator from Rusk, which pro-
vides for two State Universities.

Mr. Flanagan — Mr. President. I have listened with unfeigned
pleasure to the eloquent appeal of my worthy friend, the Senator
from Brazoria, (Mr. Bryan) in which he calls upon me to respond
to him in a liberal and patriotic spirit. I co-operate with him in
the perfection of this truly great work. I respond to the honor-
able Senator, that I desire to do so, and in the kindest possible
feelings. As to sectionalism I am aware it is abroad in our State;
jealousy has been aroused between the Eastern and Western do-
minions of the Unted States, and, sir, I deeply deplore the exist-
ence of such a State of things; yet I think I am free from sectional
bias in my action upon this important subject as I have been upon
all others. My votes from time to time, since I have held a plac«
on this floor, will place me above suspiction on that score; and I am
gratified to know that I am prepared to vote for any enterprise the
West may originate as liberally as any Senator in this chamber.

Let them in the West propose to erect three State Universities,
one to be located at, or near the city of Austin, oi \ntonlo,

and the other wherever a majority of the voters may design
the East, and I have no hesitation in saying I will give the proposi-

54 University of Texas Bulletin

tion my unqualified support. Ay«, sir, J will go farther than has been
intimated in the bill, or in any remarks which have been made by
Senators residing in the Western portion of the State; at the sama
time, I ask for a pittance of this fund now about to be appropriated
for the East; it justly belongs to them, and is it improper to intro-
duce an amendment, thus, to divide this fund? I do not think so.

The Senator from Brazoria, remarks that sectional feeling of
the most aggravated character exists between the Northern and
Southern portions of our Union; that war is being made against
Southern institutions; and I say nowhere in this broad State, i»
such a state of things more deeply deplored than in the East. The
people in that District are sound to the core on the question of
Southern rights; therefore, there can be nothing hazarded to the
youth of our State in sending them to an institution in the East
to be educated.

And again, Mr. President, it must not be forgotten that the fram-
ers of the Constitution of our State have taken this subject into
consideration and have amply provided for the identical thing for
which I am contending. It says:

"All public lands which have been heretofore, or which may
hereafter be granted for public schools to the various counties, or
other political divisions in this State, shall not be elevated [alien-
ated] in fee, nor disposed of otherwise than by lease for a term not
exceeding twenty years in such manner as the Legislature may

Why sir, it is precisely the object contemplated in my amend-
ment. The language is clear and unmistakable. I say, "in the
First Congressional District," the Constitution has it "in the first
Political Division of the State." I might well have adopted the
phraseology incorporated in the fundamental law of the land in
framing my amendment.

Again, sir, we find on page 290, of the Statutes, it is enacted,
"that the President of the Republic be, and he is hereby author-
ized and required to appoint a surveyor and have surveyed on and
from any of the vacant lands of this Republic, fifty leagues of land
which is to be set apart and appropriated for the establishment and
endowment of two Colleges and Universities, hereafter to be erect-
ed; and that the President is hereby authorized to draw upon the
Treasury of this Republic for such sum or sums of money as may
be necessary for the defraying the expenses to be incurred in locat-
ing and surveying said lands."

Then, Mr. President, we see that all past legislation upon this
subject has been predicated upon, and strictly in accordance with
this provision of our State Constitution, which is proposed to be
continued by the adoption of my amendment. Sectionalism has

.1 Sourct Book of tht University of Texas 55

been much harped upon as being the mover of this contention for
two State Universities on the part of Eastern members. I am free

to say there is nothing of the kind in my amendment, nor is there
the slightest intimation tending to that point. It simply pro

to mete out sheer justice to the East, to give her that which 1
mately belongs to her — a portion of this magnificent donation to
State Universities. It is predicated upon the policy laid down in

the fundamental law of the land and has been re-affirmed by all
subsequent acts of legislation; and it is nothing more than is re-
quired to supply the wants of our great and glorious State.

Now, Mr. President, if our State could be travel
boundary to the othe"r in three, four or five day's ride, so)
tions might very properly be urged against its adoption, but such
is not the fact. To your residence, Mr. Presidenl (President Run-
nels presiding! far away on the Eastern border of our State, it is
four hundred miles. We, as a State, embrace a territory of

near 800 miles in width — think you. then, that Fniver-

sity would meel the wishes of the people, who shall occupy this

mighty territory of our State? If, but one University is erected in
all probability, it will be located at, or near the city of Austin; it
will be many hundred miles from the Eastern portion of the State,
and so far that I fear that with all the interest they feel upon the
subject* of education, they will have but little to concern them in
inquiring after the welfare of such an institution.

Mr. President, let us take into consideration another fact. The
East is losing political power in the State representation. The tide
of emigration is not staid in the East, but looks to the mighty pub-
lic domain of our State, which lies not in the East, but in the West.
Well, sir, what are the facts? In a short time, and gratified am I
to know it, a new apportionment bill must be passed which will give

to the West the ascendancy in our State Legislature. And when
she does we may rest assured she will take care of her own inter-
ests. It is human nature and in strict keeping with the history of
the American people in all parts of the world. Then let us have a

State University in the East. It legitimately belongs to her, and
let us settle this question now and forever. The East, in my opin-
ion, should stand shoulder to shoulder in support of her right!
ask any Senator on this floor to point out to me any appropriation
to build up universities or for any other public purposes. 1 ask.
further, sir, to know from whence the State has derived the reve-
nue to support the government, previous to the sale of our North
Western territory to the United states. 1 think it is easily seen
that the money came from the East. I do not boast of this fact,
but I merely sustain it to show that we, at least, have some claim
to an equitable interest in the large amount of money that is now

56 University of Texas Bulletin

in the Treasury. I say plainly and unmistakably to the Senator
from the East that this is our chance, and, perhaps, about the last
to retain our interest in the appropriation of any portion of the
United States bonds. The East will be astonished at the returns
for the basis for the next apportionment. The representatives from
the West will be then largely in the majority, and then farewell,
East! except through her own immediate means, for she has no
lands in her boundary to locate for either public or individual pur-
poses; and judging the future by the past, the West will receive
all the benefits as heretofore, and, indeed, she has been entitled to
the benefits through her vigilant representatives, and I, in my
place, say sir, that I have found said Western representatives, gen-
erous and liberal. The only difficulty is that the Eastern members
invaribly divide, many, or at least some of them, not seeming to de-
sire anything for the East, but satisfy themselves by casting a nega-
tive vote. The Western members are generally a unit and they
always seemed, and properly too, for I hoid that the energetic

Online LibraryHarry Yandell BenedictA source book relating to the history of the University of Texas: legislative, legal, bibliographical, and statistical → online text (page 7 of 89)