83
WRITINGS OF 5AM HOUSTON, 1842
committee to contravene and obstruct the performance of his constitutional duty. Unfortunately for the peace and welfare of the community, no law has yet been passed defining the offence of insurrection. In view, therefore, of the condition of things as they have existed and to some extent still exist, it is hoped the attention of Congress will be directed to this subject. Whilst persons are permitted to resist the laws in existence and to act with impunity in open de- fiance of them, obstructing the civil functionaries of the govern- ment in the discharge of their legal and constitutional duties, the rights of individuals must be sacrified-their lives and persons rendered insecure, and anarchy triumph over order. The Con- gress has the power of remedying these evils by the enactment of the necessary and salutary laws, the omission to do which cannot have any other effect than to license and increase evils already existing to an alarming extent. It is to be hoped that, under no circumstances whatever, will the courts of justice be suspended in the exercise of their appro- priate jurisdiction; but that they will maintain their influence by holding their regular sessions and being at all times prepared to punish those who may violate the laws. In the opinion of the Executive, nothing is better calculated to strengthen the social and political bonds which should unite the members of a com- munity, one with another, than the maintenance of an able, hon- est and independent judiciary. If the Congress resolve upon the prosecution of active war, it might be well, where individuals were actually engaged in the service, to suspend civil process as to them, so long as they are absent in the discharge of public or official duty- but no longer. In thus discharging the duty which this occasion has devolved upon me, I have submitted for your consideration, what I con- ceived of the highest interest to the Republic; and in the prosecu- tion of your labors you have my earnest desires that they will be conducted by intelligence and influenced by wisdom to the attain- ment of such objects as will afford joy to every patriot and re- dound with eminent advantages to our country. Sam Houston. 1 "1\fessages of the Pr,esidents," Cong1·essional Papers; also E :1:ec 11ti vo Reco,·d Book, No. 40, pp. 101-108, Texas State Library. Tclograph ancl Texas Registe,·, June 29, 1842. The Red-Lande,·, July 9, 1842. Crane, Lif c aml Select Lite,·ary Remains of Sam Ho11ston, 300-307.
Powered by FlippingBook