during my continuance in office, are under my command. Conse- quently, the council could not create an agency that could assume any command of troops, so as Lo supercede my powers, without a plain and palpable violation of their oaths. New names given could not change the nature of their obligations: they had violated the "organic law." I will now advert to an ordinance of their own body, entitled "an ordinance and decree to organize and establish an auxiliary volunteer corps of the army of Texas," &c., passed December 5, 1835. The ordinance throughout recognizes the competency of the government and commander-in-chief as the only persons authorized to accept the services of the volunteers, and makes it their special duty to do so. It also gives the discretion to the commander-in-chief to accept the services of the volunteers for such term as "he shall think the defence of the country and the good of the service require." It is specified that muster-rolls shall accompany the reports of volunteers, and, when reported by the commander-in-chief to the governor, that commissions shall issue accordingly. Where elections take place in the volunteer corps, the ordinance declares that they shall be certified to the commander- in-chief, and by him forwarded to the governor. The third section of the law declares that when controversies arise in relation to the rank of officers of the same grade, they shall be determined "by drawing numbers, which shall be done by order of the commander- in-chief of the army." This law was enacted by the general council, and they can not allege that any misconstruction could arise out of it; for it plainly points out the duties of the governor and commander-in-chief, as defined by themselves. Yet, without the repeal of this law, they have proceeded to appoint agents to exercise the very powers declared by them to belong to the governor and commander-in-chief! This they have done, under the impression that a change of names would enable them to put down the governor and the commander-in-chief, not subject to them for their places, but created by the consultation, and both of whom are as independent of the council as the council is of them- the commander-in-chief being subject to the organic law, and all laws conformable thereto, under the orders of the governor. I have obeyed the orders of your excellency as promptly as they have met my knowledge; and had not the council, by acts as outrageous to my feelings as they are manifestly against law, adopted a course that must destroy all hopes of an army, I should yet have been on the frontier, and, by all possible means, I would at least have sought to place it in a slate of defence.
192
Powered by FlippingBook