137
WRITINGS OF SAM HOUSTON, 1842
session of Congress; which "appropriated for the repairs and outfit of the Zavala," the sum of fifteen thousand dollars, but gave no· direction or authority for her survey and sale, thereby clearly restricting the Executive to the alternative laid <;lown in the law passed at the preceding session. If the President has the means to enable him to comply with the law, he is bound to employ them-if not, the Zavala must remain as she now is. The President's duty is to execute the laws, but not to enact them-nor is he to decide what laws ought to have been passed. If he were to order a sale of the Zavala, it would be without any law; and to say that the regulations of other countries, would authorize him to do so, and that such regulations have been made generally applicable to our service by law, would be no justifica- tion for the President's action in the face of statutes made for special cases. If the regulations of foreign countries are adopted for the government of the service of our own, I consider that they merely relate to the police and discipline of the army and navy where our laws are defective, but not that they are applic- able to the sale of ships or public vessels, in relation to which our statutes are explicit. I regr~t to have cause to assure you, that no person, as you are well aware, is more anxious for the preservation of public means and property than myself, or more anxious to interpose the restraints of law to prevent detriment to the country. But I cannot conceive it to be my duty, in the face of law, to inter- pose my say so, merely because I am told that such laws do exist in other countries and that they are applicable to our service. Upon the glance that you have taken at the duties of an Execu- tive, I have to remark: that I have neither been blinded by pre- judice, nor am I unwilling to adopt the experience of friendly nations; but will profit by it whenever I can do so without trans- cending my legitimate powers. I will never fail to promote the national safety and prosperity in every legitimate way ·within my power. It is my duty; and as such I shall adhere to it. According to our situation and means, I will foster eve·ry arm of national defence. I remarked to you on the subject of our navy, that it had been a source of expense to us; and that from the first (when there was most excitement about it) all it had done was to commit acts of piracy, without any benefits to the country that I had known. You were perfectly aware, that my remarks had no relation to the present naval establishment, but that it referred to the conduct of those in command in 1837, towards the Little Penn, Abispa, and Eliza Russell. Based upon
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