.
WRITINGS OF 5AM HOUSTON, 1844
515
Overlooking the intention of the convention, the town of Houston was subsequently selected by the Congress, as the seat of government until the end of the session of Congress which should assemble in the year one thousand eight hundred and forty. An attempt was made in 1838, to again remove the seat of government before the expiration of the period fixed by the previous act, which was vetoed by the Executive, for the reason that before any further action should be taken on the subject, it would be proper to have an expression of the will of the people, believing as he did, that the power was no where delegated by the constitution to the Congress to fix permanently the seat of government elsewhere than at the town of Washington, otherwise t.han by some action of the people themselves, to whom that right was reserved by the constitution. In 1839, however, it was removed by act of Congress, not, as the Executive conceives, in accordance with the rights reserved to the people, but by the appointment of commissioners from the body of the Congress, in direct contravention of the 23d. section of the first article of the constitution, which declares that no "member of either House shall be eligible to any office which may be created, or the profits of which shall be increased during his term of service." In support of this view of the unconstitution- ality of the act removing the seat of government to Austin, your Honorable Body is respectfully referred to a solemn protest made by the late Honorable William H. Wharton, Senator from the county of Brazoria, whose clear judgment and highly cultivated mind, as well as ardent patriotism, induced him to take a decided stand, as he conceived on the side of the constitution. His protest is in the following words: "William H. Wharton, Senator from the County of Brazoria, in accordance with his constitutional privilege so to do, most solemnly protests against the vote which took place this morning in the Senate, allowing members of Congress to be elected com- missioners to locate the seat of government, under the act passed at the present session of Congress. He is satisfied that great corruption and injury will grow out of such a principle. He is moreover satisfied that it is totally subversive of the 23<1. section, 1• t • article, of the constitution, which says: "no member of either House shall be eligible to any office which may be created during his term of service." The beauty and wisdom of this section of the constitution need not be commented upon. The framers of that instrument, well knowing the weakness and frailties of
.,
-
Powered by FlippingBook