WRITINGS OF 5AM HOUSTON, 1850
168
and under the circumstances a considerable portion of the State of Texas was occupied by the forces of the United States, and placed under military government. California was also organ- ized, and a military officer appointed its civil governor for tem- porary purposes. And this not during the time of peace, but during the war, I presume that no gentleman will insist here that the present crisis is one that will authorize the exercise over these territories of that military authority which is the result of necessity in time of war. If, sir, these acts were thus excusable, or if I could see with the Senator from New York that there was nothing unreasonable in them, then I might content myself with the· expression of a regret that they had occurred. But I do not see with him, and, therefore, I have no such regret to express. And for an outrage so flagrant, committed on the rights of a State, I seek for no apology, and wish to find no palliative or excuse, because it may give encouragement to future aggressions that will lead to the destruction of the rights of the States, and of the Confederacy itself. Under these circumstances, I am bound at once to meet the occasion. By what authority, I ask, and under what sanction of constitutional law, has the Executive of the United States authorized as a subordinate officer, within the limits of a sovereign State, to convoke the citizens by military authority to form a constitution within the limits of that State, and to present it to this body; and this at a time, too, of all others, when such a course was most calculated to produce unwholesome and un- pleasant effects upon the condition of the Union? And for what? To effectuate a plan which has been projected by the Executive for the carrying out of measures endeared to him because of his claims to their paternity. Sir, this is no apology to a sovereign State for an outrage committed upon her-no palliation for offences against the Constitution-and will not be so received by the American people. I know our correctives, and a resort to impeachment is one. But when was a culprit ever brought to condign punishment by impeachment? It is but a solemn farce, and furnishes no remedy. Then, if the officer here is arrested, can he be punished for the offence perpetrated in obedience to the orders of his superior officer? No, sir, martial law has wisely shielded him, and though arraigned, he cannot be punished if he has the warrant of his superior officer for what he has done. It is necessary, then, to ascertain whether this officer acted under the authority of his superior, and, if he has, severe reprobation
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