290
WRITINGS OF SAM HOUSTON, 1861
against the approach of monarchy. They have taught us to main- tain the division of the powers of Government, as the best security for the perpetuation of freedom. We have just abandoned the Union, because the people were led to believe the Executive branch of the Government would encroach upon the reserved rights of the people. · Shall we then sanction usurpation here? The Convention having established a TEST OATH, it required the Executive, with a portion of the officers of the State at the Seat of Government, to appear at its bar on Saturday last, and take the same. Not satisfied with changing the Constitution, it assumed all the powers of government, and proceeded to execute its will. The Executive believing the prescribing of the oath an usurpation, and the mandate requiring him to appear at the bar of the Convention an act of tyranny, prompted only by a desire to degrade and humiliate the Chief Executive of the people, disobeyed the warrant of the President of the Convention and refused to take the oath. Denying the powers of the Convention altogether, and believing that no new obligation was rendered necessary in order to carry out the will of the people, as expressed in the vote upon secession, he also objected to swearing to sup- port the Constitution of the Confederate States, because the "action" of the Convention in making Texas a part of that Gov- ernment had not been "submitted to the people for their ratifica- tion or rejection," as required in the call for the Convention. The Convention had already passed an ordinance vacating the offices of those who failed to appear and take the oath; but it was not content to let its usurpations rest here. The hour prescribed having passed, and the Executive and Secretary of State, having failed to obey the summons, the Convention proceeded by another ordinance to depose both officers, viz. : "Whereas, Sam Houston, Governor, and E. W. Cave, Secretary· of State, failed and refused to appear, and take the said oath, as Governor and Secretary of State, and whereas, Edward Clark, Lieut. Governor of the State of Texas, did at that hour take· and subscribe the oath aforesaid as Lieut. Governor of the State; therefore, SECTION 1. Be it ordained by the people of Texas in Con- vention assembled, that the office of Governor of the State of Texas, by reason of the refused of the late Governor, Sam Houston, to take the official oath, is vacant, and that the Lieut. Governor, Edward Clark, is hereby required and authorized to exercise the powers and authority appertaining to the office of
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