238
WRITINGS OF SAM HOUSTON, 1838
was later appointed and confirmed lieutenant colonel on May 22, 1837 (see E. W. Winkler (ed.), Secret Journals of the Senate, Republic of Texas, 1896-1845, 45-51). He died in Liberty County sometime during the early months of 1851, for Michael Murphy was appointed administrator of his estate in the April term of court, 1851. See Telegraph cmd Texcis Register, June 5, 1851. See also Dixon and Kemp, Heroes of San Jacinto, 90.
TO THE HOUSE OF REPRESENTATIVESL
Executive Department, City of Houston, Texas, 25th May, 1838. To the honorable house of 1·epresentatfres, GENTLEMEN :-An Act "providing for the defence of the frontier" has been laid before the executive and has claimed his particular attention and consideration. The act leaves no dis- cretion to the President, but requires him to order out a sufficient number of mounted gun-men; from each brigade, to commence active operations against the hostile Indians on the frontier, and again that the said troops shall elect their officers ; but the time and place is not designated in the act. The President is required to place in the hand of a quarter-master, appointed by the major- general, the sum of twenty thousand dollars. This act is in every feature objectionable. The President, by the Constitution, is commander-in-chief of the army and navy, as well as the militia of the country. It is within his power to call out the militia when he may deem fit, but it is not in the power of Congress to compel him to do so. To call them out at this time, would be impossible, and employ them on the frontier, as there is not bread stuffs in the country to subsist the in- habitants, and the scarcity is greatest on the frontier where the troops would be empioyed. The appointment of the quarter-master is contrary to the Con- stitution, which provides that the appointment of all officers whose offices are established by this Constitution, not herein otherwise provided for, shall be made by the President, and con- firmed by the Senate. The Senate have the right to confirm all nominations or to reject the same. The act does not say to whom the quarter-master shall give surety for the sum of twenty thou- sand dollars; nor that he shall give the same until after the money has been paid to him. Some discretion should be left with the President where the Constitution has placed it, and, as he is ac- countable for the defence of the nation, that the means should be placed within his control. It may be asked who are the hostile Indians? Who is to decide the fact? If men are sent to the
Powered by FlippingBook