WRITINGS OF SAM HOUSTON, 184,2
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he did to become a spy on the frontier. ·without authority from the government as an officer, he would be liable to be executed as a spy. And the appointment is no more in effect, than a passport would be that had for its object the security of the in- dividual who bore it-or to ensure a means of reclamation under the law of nations, if he should not, in case of capture, be treated as a prisoner of war. Relative to the brevet rank established by the former Execu- tive, I have only to say, that it was positively prohibited by law, and had no sanction but in the mere ipse dixit of the Executive. In the orders to General Somervell, he was authorized to cross the Rio Grande, if he thought proper; because an invasion had been made, and we had the right to repel it, even though in doing so it were necessary to advance into territory of the enemy and retaliate upon them. The instance of General Jackson's entering a neutral territory to retaliate upon the Indians of Florida, pre- sents a much stronger case than would be by our passage of the Rio Grande and there retaliating upon the enemy their aggres- sions upon us. The Executive has made no overtures, either directly, or in- directly, to Mexican authorities. But I regard all the instances cited by you, as having no aclvertency to the case of the Zavala. That is a substantive matter. The question arising is, has the President the right to sell public property without law? If he has, from whence is that power derived? I have always contended that I have not the power-and though it were ever so beneficial to the country, its exercise would be in•positive violation of law. It is needless for me to remark in relation to the Navy, that if the nation were able to maintain it, it might be a convenience and it might be useful. But when it requires several hundred thousand dollars to maintain it for a single year, I ask you how it is to be done-when the whole means of the Government amounts only to two hundred thousand dollars per annum? Can that arm of the national defence, I ask you, under existing cir- cumstances and in the present condition of things, be maintained in a situation to be either useful to the Government, or creditable to those employed in it? I would answer, it could not. If the Zavala had been sold, it would have afforded no facili- ties for the maintenance of the navy, because I could not have used the proceeds for naval purposes, as there were appro- priations prior to those for the navy to ·which they must. accord- ing to law, have been applied. Nothing beneficial, therefore,
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