WRITINGS OF 5AM HOUSTON, 1862
319
his will. Now, I will ask your Excellency how that agrees with ·the 20th section of the Bill of Rights, which declares, "No powers of suspending laws in this State shall be exercised, except by the Legislature or its authority?" Has the Legislature given author- ity to General Hebert to suspend the laws? Not that I know of, and if it has not, his proclamation is violative of the Bill of Rights, and therefore, of itself vo'id; for it is declared in the Bill of Rights that "it shall ever remain inviolate, and all laws con- trary to it are void." I know not where the authority emanated from by which such a proclamation was issued, and such powers assumed, nor does it matter if it tramples under foot our· fundamental laws. I must as a freeman and a citizen, in the name of the Constitution and laws, most earnestly and solemnly protest against the letter and the spirit of General Hebert's proclamation. To do less than this, I could not while I love the liberties of my country. I understand the Confederacy not to be a Union, but a League of the States, each one absolutely sovereign in itself, and with a right to secede from the Confederacy whenever it may think proper so to do. If I am right in this, it would seem to me fit and proper that the Confederate Government should make a requisi- tion on the Governor of the State, as the head of sovereignty, for the requisite quota of troops, and leave to his discretion the mode of raising them. F'or the Confederate Government to send its military officers to a Sovereign State to supercede the Governor in the exercise of his authority, as has been done in Texas (though I have heard of it in no other State) does not seem to me to be exercising Confederate powers, but Central and absolute powers. It may be said that this is not the time to discuss these matters. My answer is, that the time to discuss the principle of liberty is whenever the rights of the citizen are invaded, or the laws trampled under foot! Acquiescence to usurpation is- SLAVERY! Is necessity urged in behalf of such things? My answer is necessity is the plea of tyrants, and the exercise of unrestrained will is the throne of Despoti.sm,! If the question is asked what can be done now, I would answer, let everything that has been done that is inconsistent with the Constitution and the laws, be revoked by t~eir author or authors, and the Governor be left free to exercise his functions, as he is sworn to support the Constitution; and in the 10th section it declares, "He shall take care that the laws are faithfully execU,ted," and the 5th article
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