WRITINGS OF SAM HOUSTON, 1836
510
general to the senate, and to that body the right of confii·ming or rejecting the nomination. By this course, it renders him respon- sible to the Executive, and will ensure a co-operation with the responsible head of the government. As the department wou'd exist under the present provisions of the bill, it would be inde- pendent of the Executive and remain on a footing beyond his con- trol, which could never have been the intention of the framers of the constitution. In my estimation, it is the undoubted right of the Executive to nominate, and the senate advise as part of the executive and appointing power. The Post Master General, as soon as the department is created, becomes a head of one depart- ment of the government, and it is the unquestionable right of the President to nominate to his constitutional advisers the head of each department. Then to deprive him of this power of nomina- tion, and the aid and sanction of his advisers, would be an en- croachment upon his rights, and a prostitution of the powers of the senate. The President cannot be considered responsible for the conduct of a department over which he has no control or part in creating the head of it. For these reasons, I must respectfully retw·n the bill without approval. Sam Houston lHousc Jow·nal, 1st Cong., 1st Sess., 1836-1837, p. 288, of the Republic of Texas.
PROCLAMATION AGAINST SLAVE TRADE IN TEXAS'
Whereas the 9th Section of the Constitutin of this Republic de- clares, that the importation or admission of Africans or negroe3 into this Republic, except from the United States of Americl, is foreve·r prohibited and declared to be piracy, which article was published and promulgated by the Proclamation of David G. Burnet President "ad interim" issued at Harrisburg on the 3d day of April 1836 and has also been promulgated by the publi- .cation of the Constitution: And whereas, it has come to the knowledge of this Govern- ment, that extensive projects have been, or are about to be formed and executed to introduce Africans or·Negroes into this Republic from Cuba and elsewhere, out of the United States of America, by an attempt to evade the aforesaid prohibition, by landing them on the sea beach, or on the east bank of the river Sabine within the United States, and then reshipping them to this coun- try. Which attempted evasion is an aggravation of the crime,
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