WRITINGS OF SAM HOUSTON, 184,2
146
Colonel Hockley has resigned, and Mr. M. C. Hamilton 2 is in charge of the Department for the present. Yours very truly, Sam Houston [Rubric] '"Houston's Private Executive Record Book," 224-225, courtesy of Mr. Franklin Williams. For Hays see Volume III, 106. 'For Morgan C. Hamilton, see Volume III, 153.
. To GAIL BORDEN, JR.1
Private
Galveston, September 20th, 1842.
Dear Gail, The news of a new invasion is all that I have to tell you. Only one express has come from San Antonio. The waters are high and may delay the intelligence. I cannot judge of the character of the enemy in advance. If it is a regular inva- sion, so much the better, only, that Galveston will have to look out, if the enemy can command a naval force. At least the officers and men should be on the alert, and their defences in good order, and kept so to the moment. You will receive my views by Mr. Woodhouse. It is the only course for us to pursue; and we cannot, in law, take a course which is at variance with the law, because we may think it best, or that it will ultimate in good. We 1nust obey the law. The Treasury Department-is a branch of one of the coordinate depart- ments of the three, and no one Department can control the other two. Congress and the Executive have united and given existence to a law. Can a single Judge suspend the functions of the Gov- ernment, or can he annihilate its existence? I should say he cannot. Therefore, I do say, that no attention should be paid to any legal process issued by a single Judge. Can I order a court, even a single magistrate, to make a certain decision, or can I order them to suspend one? I think not. Each has his sphere in which to act; and out of it he cannot act with propriety or effect. I beseech you to pay no attention to anything done contrary to carrying the law of 23d July into effect to the letter. The law is before me, and we are sworn to execute it as it is only. Sam Houston [Rubric] "'Houston's Private Executive Record Book," pp. 228-229, courtesy of Mr. Franklin Williams. Gail Borden, Jr., (November 9, 1801-January 11, l 874) farmer, surveyor, printer, inventor, eldest son of Gail Borden and Philadelphia (Wheeler) Borden, was born on his father's farm in the state of New York. His
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