WRITINGS OF SAM HOUSTON, 1838
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a scale unbiassed by passion, render to the country that protec- tion, which the constitution has contemplated when it clothed the Executive, with the power to do good, and render his country national defence. In adverting to a copy of a letter furnished the Executive from Maj. Gen. T. J. Rusk to Gen. Baker, the Executive is not dis- posed to express that surprise, nor to regard as a matter of astonishment, what he once would have done. The rights of the Executive are clearly defined and appropriated in the constitu- tion, and whilst they are respected by the co-ordinate departments of the Government, respectability will attach to all its institu- tions. So soon as they are disregarded, and assumed by the legislative departments of Government an oligarchy must ensue, for liberty can only exist in a republic, when all the departments remain perfect, and the orbs move in their appropriate spheres. The executive functions are perpetual in their actions. The leg- islative is temporary, and has its intermissions; what Congi·ess does is done by no one, and therefore no responsibility devolves upon it. The executive not being temporary to the same extent is responsible, and held so by the nation. The President has never sought to assume any extraordinary functions, he would spurn with abhorrence the idea of encroaching upon any coordinate department, and through regard to harmony at the present crisis, he forbears to act in that manner which he beli~ves circumstances would render necessary. 1 The Journal of the Hoium of Rep1·esentatives of the Republic of Texas, 1838-1839, 3rd Cong., Reg. Sess., pp. 87-92. 2 See Houston to Rusk, October 10, 1838, and Houston to Horton, October 10, 1838. 8 See Gammel, Laws of Texas, I, 494-495. 4 See Houston and Forbes to Henry Smith, February 29, 1836. osee The Jou,-,ial of the House of Representatives of the Republic of, Texas, 3rd Cong., Reg. Sess., 94-96. To THE TEXAS CONGRESS 1 Executive Department, Texas, City of Houston, Nov. 19, 1838. To the Honorable Congress: Gentlemen:- I take pleasure in referring to you a communi- cation from the honorable secretary of war, as well as a copy of a letter from Major General T. J. Rusk, to the war department. I have deemed it propei· to communicate the intelligence with all promptitude, because I have regarded the situation of the frontier
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