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WRITINGS OF SAM HOUSTON, 184,2
him. He is a tried friend, and I value him! He is a prime officer, and I respect him for all his high qualities, but if either his feelings, or his duty to himself demand of him a course not in accordance with my wishes, and desires, I must do -the best that I can. Occasional jars will test the solidity of a building: And Heaven knows that my poor Wigwam "gets several." .Thine Truly, Houston. 'Original in possession of Mrs. Madge W. Hearne, Houston, Texas. See preceding letter in this volume, also the letter following, Houston to Hockley, September 2, 1842. To GEORGE w. HocKLEY 1 P'rivate City of Houston, 2nd September, 1842. Colonel G. W. Hockley Sir, On yesterday, I had the honor to receive your resig- nation, with the reasons assigned for your course. · If I under- stand the reasons they are founded on the fact that I would not order a survey and sale of the steam ship Zavala. It is true that upon this subject our opinions are different. You believe that I have the power, while I assure you that, agreeably to my construction of the law, I have not. I insist that all my powers are derived from special acts of Congress and such as are applicable alone to the vessel in question-which acts I cannot vary without violation of law. . The first act says, "that the President shall be authorized [to make] a survey and examination of the steamship Zavala, with a view to ascertain her condition and value, ·and upon ascertaining, to order the said Zavala to be either repairecl or chartered, as in his opinion will most promote the public interest." From this enactment the President has derived all his powers in the case- and they are restricted to cha,rtering or repairing. The power to sell is no where given; and I will not exercise even doubtful powers, where they are to be employed in the sale of public propmty which has cost so much to the government, and which would not now sell for one-fiftieth part of the original cost. If it is doomed for the lack of the requisite legal provisions, to become a loss to the government, the fault is not mine. It was in the same situation in which it now is, during the .late called
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