WRITINGS OF SAM HOUSTON, 184-2
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could have resulted. Have I had any power or means to conduce to the prosperity of the navy, which have been neglected or unim- ployed? If I have not, how can you arrive at the conclusion, "that prejudice on the part of the Executive totally incapacitates him from fostering this important arm of the nation," if I have done all that was in my power (and you must perceive that the sale of the Zavala would give no additional means) ,-what duty have I omitted? or what evidence have you of my entertaining a pi-ejudice-or that I labor under a want of capacity? I regret that facts and your conclusions should be so much at variance. On the subject of the sworn duty of all officers of the Govern- ment to cherish its interests and its property &c., I have to remark that I have endeavored to be peculiarly careful, when I could be so in obedience to law. But to assume to myself the right of exercising a discretion when it would be in violation of law, I should deem a direct violation of my duty. Because an officer at the head of a department should think a certain thing will do very well, or would be of great advantage to the Govern- ment, and that for the reason it should be done independent of law, will never induce me, while responsible for my oath, and the execution of the laws, to adopt his suggestions. This appears to be the question between us. You refer to the presence of strangers during our conversation, and suggest that "he might have been an alien for aught I knew." I do not know to what extent you intended this. I recollect the gentleman's presence, and I recollect distinctly what we were conversing about while he was present. It was the draft of water at the Sabine bar and pass; and as that has been published to the world, he could not have derived, even though an alien, any secret information. But he was no alien; and I thought that you knew him, as you had made but a few days before, a letter of instructions to him from your Department. During my life, I have never designed to deride yourself per- sonally, or your opinions in one single instance. I know that in relation to the construction of powers, we have differed, and I have believed that difference an honest one. I am responsible for the discharge of Executive duties, and where I differ from a gentleman of my Cabinet upon points of law, I insist that I should have the right of acting in accordance with my construc- tion of the law. Therefore, in the face of the law, I could not act in violation of it, though I might suppose that a law not present might authorize a different course. My duty is positive when the law directs as in the present case.
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