The Writings of Sam Houston, Volume V

WRITINGS OF SAM HOUSTON, 184 7

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for the defence of Texas; and if the emergency shoulcl require it, to sa:y in his messa.ge, that HE WOULD IN THE MEANTIME CONSIDER IT HIS DUTY TO DEFEND TEXAS AGAINST AGGRESSION, AND WILL AC- CORDINGLY DO so." Was this assurance given in good faith? If so, from whence did he derive the power? He does not say if Congress will authorize he will act, but that if Congress does not act speedily, and Texas should be invaded, that he will act without their authority or sanction. Now, if Ex-President Tyler really in- tended to redeem this pledge given to Texas, it was all right so far as Texas was the_n concerned. It was not the duty of the ministers of Texas to expound the constitution to the President of the United States, or to define his powers. He was the heaµ of the nation and was supposed to know the requirements of the constitution and also to regard it. Previously to this the Secre- tary of State had assured the Texas ministers, in reference to a note addressed some time before to Mr. Upshur by Mr. Van Zandt: "That should the exigency arise to which you refer in your note to Mr. Upshur, I am directed by the President to say, that during the pendency of the treaty of annexation, he should deem it his duty to use all the means within his power by the constitution to protect Texas from all foreign invasion!" These assurances were given the day previous to signing the treaty. Did the constitution authorize him to make war without the sanction of Congress? If Texas had been invaded, was he bound by these assurances to have engaged in her behalf? If Congress did not act, he assured the Texas ministers that he would. If he had done so, would it have been a violation of the constitu- tion? If he had not done so, would he have been deceiving Texas? The Ex-President, with all his constitutional wisdom and strict regard for its privileges, may choose whichever horn of the dilemma he thinks proper, and acknowledge himself a wilful and flagrant violator of the constitution, or remain a confirmed "coquette." As other parts of Mr. Tyler's letter refer to the Administra· tion of the Government of Texas after I ceased to have connection

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