WRITINGS OF 5AM HOUSTON, 1861
289
The duty devolves upon the Legislature to arrest these usurpa- tions. Its powers and functions, as derived from the· people, are in no wise impaired or destroyed by the change in the relations of the State with the Government of the United States. The members of the Legislature, in common with the Executive and all other officers of Government, are as the representatives and servants of the people, relieved by the act of the people from any obligation to the Constitution and laws of the U. S. Towards the people of Texas they occupy the same relations as before seces- sion. As the representatives of the people, they are bound to repel any assaults upon their liberties or reserved rights. The Convention has encroached upon these rights "in the manner enumerated by the Executive. All this has been done, of its own mere will or contrivance, its members not acting under the obliga- tion of any oath, or within the limits of the powers conferred upon them by those who elected them. It has thus set at naught the will of the people, and transferred their rights and liberties to a power which has never been acknowledged by them. As little respect has been shown for the sovereign masses, as a nobleman in Russia would show to the serfs whom he transfers to a new owner, or the Mexican gentleman would to the peons whom he transfers to a new master. Actuated by a sense of duty to the people, the Executive refused to recognize the Convention upon its reassembling. Believing that the Legislature still existed, as did all the departments of the State Government, he deemed it competent to provide for the welfare of the State, until such time as a Convention called by its authority, shall assemble and make such changes in the Constitution or in our relations to the world, as the people desired. He still regards the Legislature as competent to per- form these functions, and presses the same upon its attention. The Executive has, since his communication to the Convention, seen abundant cause for the correctness of his course in refusing to recognize it. It has not only assumed to destroy the nationality and sovereignty of Texas, as declared by the people; but has changed the State Constitution itself. It has also deemed itself compete:r:it to exercise all the powers of Government, and has taken under consideration the raising of armies, the borrowing of monies, the distribution of the public funds, the sale of the public lands and the U. S. Bonds belonging to the School Fund. At once assuming the exercise of Legislative and Executive powers, it has overstepped the barriers raised by our fathers
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