The Papers of Mirabeau Buonaparte Lamar, Volume I

74

TEXAS S1'ATE LIBRARY

against the laws which cannot be disregarded. The Constitution re- quire for the Governor's u pension from office the previous declara- tion that there is cause for trial. ·without this formality, how remove him from office? The committee admit that when this thought oc- curred to them, the illu ion deceived them o much that, ·in pite of the very sound reason which have already been expre ed and of the advantage of adopting them, they believed the observance and exact fulfillment of the law to be preferable. But upon reflecting cautiously, they observed that ueither the uspension from office nor the withdrawal of his charge wa considered in the ense of the t'Oll titutional article. If l\Ir. Zavala had been in the office, the re- flection would have been very opportune, but since he now presents himself to take it, how can it he aid that the office be withdrawn only because it i with-held from him for awhile 7 The sn pen ion of the article involves a penalty or a can c for it; and here they neither attempt to apply any penalty, nor have they this object in view; in- cleed,-to expre one's self with due clearness and in order not to wake use of confu ed word which serve to darken ju tice and de- ceive reason,-there is no suspension. \\ ill it be said that :\fr. Zavala was suspended from the Governorship becau e he held the office of )[ini ter of Fina.nee Y And why, now that he leave it, doe he not enter the office at once it will be asked with as much reason as he is uspended from office? It is clear to all minds that the con ti- tutional law not being infringed, Congress is facilitated to take any mea ure conducive· to the public good; and a has already been demonstrated, those which the committee propo e , founded on reason of policy, are of the greate t importance and con titute a moral impediment which Congress can declare without disregarding the Con titution or any other law. The committee has supported itself on the e grounds to a k al o that Mr. Zavala be allowed hi entire salary, granted that he is recognized as governor, and that he is uot withdrawn from hi office. This i very just, and because of this, it will be evident that. far from all animo ity and other ignoble pa ion , ju tice is ,·ho,m and the other considerations of equity are not .forgotten. The committee finally propo es ome precautionary mea nrc ,· be- cause some perverse acts which gl'O": out of calumny and lnndct· ean cause the pnrc intention of Congrcs to be interpreted malig- uantly and can fal ely excite an alarm or di a tcr which could neve!" be more pernicious and unfortunate than in the pre ent critical con- dition of the lation. Perhap the a.me per on who can ed the e disturbances would attribute them to thi honorable Congres : nnd on such dangerous occasions it is important to declare the limits of moderation and respect. And in order that the ren on and pure in- tention of the legislature he known, the committee re olve to pub- lish this jungment with whatever else they ee fit. They onclnne the same with the followini:t proposnls. First. They declare that it i. C'XpC'dicnt for )fr. T,orC'n1.o de Zavala to resume the office of Governor as soon n , in the jnuJ,?1ne11t c,f Congress, the political circumstnnccs which now morally 1u·evC'nt liim shall cease. Second. The whole amount of his salary shall he allowed him from

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