WRITINGS OF 5AM HOUSTON, 1844
251
Counties," under writs of election to be issued by the representa- tives in Congress of those counties respectively, will be retained. It may not be improper to state that, upon further consideration of the bill, induced by the remonstrance of actual residents of at least two of the counties named, I am satisfied of the unconstitu- tionality of that provision which relates to the county of San Patricio. For this county there is already an acting Chief Justice in commission, (of which the Executive was not aware at the time the bill was sent to your Department,) and any law directing an election to be holden to remove him from office without pursuing the forms of the constitution for that purpose, would of course, be in violation of that instrument. This I could not sanction. Under the constitution also, the President has five days for the consideration of all bills presented to him; and as this was pre- sented to him on the 3d. instant, it is yet within his control. Sam Houston.
1 "Home Letters to the Departments," Executive Record Book, No. 45, p. 114; also Executive Reco1·d Book, No. 40, p. 336, Texas State Library.
APPOINTMENT OF AN INDIAN ESCORT 1
Executive Department, Washington, February 7, 1844. To all to whom these presents shall come: Know Ye that Cap- tain Antonio Menchaca~ has been appointed, and is hereby authorized and empowered to collect and convey to this place all Comanche or other Indian prisoners, west of the Colorado river, under the law in such case made and provided: And all good citizens of the Republic are requested to aid and assist the said Captain Antonio Menchaca in the performance of his duty. Given under my hand and the Great Seal of the Republic, at Washington, the 7th day of February, 1844. Sam Houston W. D. Miller, Private Secretary. 1 Proclamations of the P1·esidents, Rep11blic of Texas: also E :r:u11ti11e Reco1·d Book, No. 40, p. 337, Texas State Library. 'Antonio Menchaca. See Volume III, 107.
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