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WRITINGS OF SAM HOUSTON, 1837
our ships of war should they be sent as proposed. The conse- quence of this would be to give them the entire command of the Gulf and permit the most insignificant armed vessel they might send not only to annoy our coasts but entirely to cut off our trade on the ocean. T'he consequences of which must be manifestly ruinous. But there is another objection to this part of the resolution that I think must have escaped Congress in their laudable zeal to liberate their countrymen. The Resolution directs that these vessels shall be sent to treat for the release of the crews and passengers of the Texian Schooners Independence and Julius Caesar. From all the information in the possession of the Executive, the Julius Caesar is an armed vessel sailing under the United States colors, and for all we know such is the rational and legal presumption ; her crew, if not many of her passengers, are citi- zens of the United States. Would it not be justly considered a bold presumption of power by Mexico as well as the civilized world, for us to undertake the recovery of property or prisoners improperly captured under the flag of the United States. It seems to me with all deference to your honorable body that this branch of the resolution could not have received the con- sideration due to its importance. Another serious objection which I have entertained to this resolution and one which I trust Congress will gravely consider, is what I regard as a dangerous infringement of Executive rights. The framers of the Constitution taking for their guide the Constitution of the United States, divided the government into three departments-Executive, Legislative, and Judicial. To the Legislative was entrusted the power of legislation and neither of the others can legislate or pass any law however necessary for the public good, nor repeal one however obnoxious. Does it not then follow clearly that the Legislature has no right to direct by resolution or other wise how a Judge shall determine a legal question, or construe a law that is in force? If so the Judiciary would be useless, and that branch of our government would soon be merged into the Legislative. Then, is it not equally clear that the powers entrusted by the Constitu- tion to the Executive are equally necessary and sacred. And among these powers, it will not be denied that of Commander of the Army and Navy are expressly conferred. Then would it
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