The Papers of Mirabeau Buonaparte Lamar, Volume I

458

TE:X.\S ST.\TE LIBR.\RY

of means has restrained the executive goyernment, from effecting any actual increase of its strength. Some efforts have been made to im- prove its organization. Conceiving it of importance that an immediate and resp011sible commander-in-chief should be created, who was him- self a practical man, and practically engaged in the service, I ap- pointed, with the adviee and consent of the cabinet, Charles E. Haw- kins Esq., a /!entleman whose gallantry and nautical science, would grace any service, to that high office, with the rank of Commodore. The operations of the navy, have been as efficient as could have been e;-:pected. They have prevented any depredations on our coast, by the enemy, and have expelled his maritime forces from the gulf. The want of one or more vessels, of larger class than any in the service, is sensibly felt, and no efforts should be untried, to accomplish the im- portant acquisition. One brig of 18 guns, in conjunction with our present force, wonld se~ure to us the command of the gulf, and greatly facilitate the operations of our own army, while it would enable us to embarrass every military movement of the enemy. The jndicial department of the government is in a Yery imperfect state. By the Constitution, the old system is abolished and an en- tirely new judiciary created: but it was not considered advisable, by the executive governmenf, to make any fm·ther innovation upon the established courts, tl1an necessity imperiously demantlcd. The courts were closed to civil business, and they were thought to be aderiuate to the conservation of the p11blic peace of the country. But I nm apprehensive that opinion is illusory, and that a more ene1·getic ad- ministration of criminal justice, is indispensable. The increase oi crime, is an inevitable concomitant to an increase of population. Pnclc1· the existing system, there was no tribunal in the conntry, vested with maritime jurisdiction and comequently, none competent to adjndicate qnestions, arising from captures 011 sea. Some prizes had ahead~· been taken, and it was due to the character of the navy and of the eonntry, that a regular and lawful disp:sition, should be made of them. The govcmment therefore, concluded to appoint a district judge for the district of Brazos; within which, it was prohable, all prizes taken, would be brought, or to which they could easily be transported. I accordingly appoin1ed Benjamin C. Franklin Es11. to that offire. It remains for the wisdom of congress to determine, )1ow soon the new organization shall be perfected. The recent nn<l mueh lamented decease of the honorahlc Bailey Hardeman, whose dcYoted pntriotism and inflexible integrit~· are well know11, nnd who has brcn with me throu~h all the Yicissitndes of the times, deprives me of the pleasnre of p1·csmting to ~·on n regular report from the tr<'asm·y department. The principal intelligence in my power to convey, yon will find in the auditor's expose, herewith transmitted. The impo1·t:mce of filling the vacancr in that interesting clcpart111('11t of the govemment, inilncr<l me to invite to it. Bernard E. Bee, Esq. n gentleman of hig-h charnctc1·, to whom I hnd previously designed tendering the office of i;ceretnry of state, to which office I have nominated him. The post office estnblishment, crented by the late provisional gov-

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