Telegraph and Texas Register (Houston, Tex.), Vol. 8, No. 8, Ed. 1, Wednesday, February 8, 1843 Page: 1 of 4
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" in i -- i inn iiiw w im iii i. i n J i
- - MESSAGE
of his -Excellency the President, in relation to the re-
;movahef the Archives.
Executive Department, ?
Washington, Jauuary 4th, 1843. J
"To the Honorable, the' House of "Representatives :
To the resolution of your honorable body, of yesterday,
requestiflgiinformalion as to what steps have been taken
for the removal pf the public archives, during the sitting of
the present Congress, the Executive has the pleasure to
reply without delay.
On the 10th of last month, he addressed Maj. Thomas I.
Smith, -and Capt. Eli Ghandler, a commission, authorizing
and empowering them to remove the,archives from Austin
to Washington, where the Congiess was then in session;
a copy of which will be found ncconfpanying this com-
munication, marked No. 1. On the 'same date, he sent
them aJetter of confidential instructions, as to the service
assigned them; which is also herewith senlmarked No.
2. Number 3 is the copy of a letter to. Col. Thos. Wm.
Ward, Commissioner of the General Land Office, who
held the archives of that important department, together
with the other -archives of the government, in charge.
The purport of the instructions, and the communications
general Ly,. will be found to contemplate the most effective
manner of securing the public property at Austin. Every
"precaution that could be suggested, was ghin to render
the" undertakfng succesrut The reasons and circum-
stances inducing such a step, have been so often submitted,
that it is unnecoJary for the Executive now to enter into
a-minute detail of them.
The original order for their Temoval, was given at a
time when the country was actually invaded ; and when
every man in Texas, having a knowledge of the facts, ac-
quiesced in the prudence and necessity of such a measure.
And though the emergency seemed to be temporarily sus-
pended, it.has since recurred: and those who before desired
the revocation of that order admitted its necessity a second
time. We are liable to a similar recurrence continually.
At the lime that these causes arose, the. mediation of Eng-
land with Mexico, for peace and the recognition of our in-
dependence, was pending- Since then, that mediation has
been, rejected; and through various sources, we have
ijeard threats of invasion by Santa Anna. The attempt
we have right to look for; and if it should not occur, it
will bftowingtoconvulsionsrin Mexico,"and circumstances
which we probably cannot foresee. We may anticipate a
failure on ihe part of Mexico to invade us, because our
hopes and wishes are in unison with such anticipations;
but if we act wisely, we will make such preparations for
security and defence, in the event of invasion, as our-means
will justjfy. Precaution is the resource and safeguard of
the wise-; and none but the supine and indifferent, will re-
gard with listlessness a danger that is possible, even though
it were not probable. ' ' '
Experience has taughts us", that so long.as the archives
remain-where.they are, in the event of invasion, a portion
of the efficient force of the country will be diverted from
the general mass.of settlements to that point for their de-
fence. In such a case, that they will be finally overpow-
ered and -riven back, is not to be doubted. If the archives
were removed, it would onsure the co-operation of this
force with the main body of our militia to meet the invad
ing army of the enemy, that would most certainly press
upon the lower paits of the Colorado, if they should not
be met and successfully combatted at the Cxuadaloupe.
Had the emergency, which dictated the removal of the
archives, arisen whilst the Congress was in session, it
would clearly have been within their province to have
provided for their security ; but as Congress was not in
session, it devolved on the Executive to give the order,
and to adopt such measures as he thought proper in re-
ference to it, and as all conceived the emergency required.
He regards every measure which he has since adopted as
a coniinuanceof that first order. The Congress has been
once in session since that original order was given. They
forebore to act upon the-stibject-; and subsequently another
emergency arose The Executive's conviction j)f the
propriety of removal has undergone no change; and the
Congress declining to act upon the subject, enforced upon
him the necessity of pursuing the couise be took, and
which he believes in perfect accordance with the past and
future interests and policy of the country.
That the archives of the country, in justice to the peo-
ple of the Republic, should be preserved, no one will pre-
tend to deny. That they never have been safp at Austin
since. 1840 at least, all must deduce ftom facts which have,
and which now exist For the preservation of ihe persons
and lives of the inhabitants of that place, a fortifiaction was
in that year, at great expense, constructed around the capi-
tal ; and though it gave no security to the archives, and
left them exposed, it nevertheless proved the fact most
conclusively, that it was not a place of safety. For, if the
inhabitants should have been destroyed, what protection
was there for the archives ? Thfs, too was done at a time
when two regular regiments were in the field ; and when
there were three or four officers of Government to one at
the present time, who would have swelled the muster
rolls for .drfence.
Before the rise of the last session of Congress which
sat at Austin, the Executive asked 'for the means of pro
tection for the archives. His application was disregard
ed ; and by law he had no authority to call out a lorce tor
that purpose, nor means appropriated for its subsistence,
unless in case of actual invasion In that event it 1 1
be too late; and disaster would evince the want ri p-
caution.
HOUST
Recently. the Executive has derived assurance from a
chairman of a late "Archive Committee," that there was
no safety there for the archives; and he has further been
verbally assured, that it would be unnecessary for him
to send many wagons for the purpose of their transporta-
tion, as one wagon could bring away all their ashes'.
A communication of some import, from which 1 submit
an extract, for the information of your honorable body,
marked No. 4, will convey to the Congress a dispassion-
ate opinion, formed by an individual upon the ground ; and
one whose impartiality none may distrust. Disconnected
with the government, his opinions are made up as a pa-
triot, and one whose only wish I should deem to be the
prosperity of the country. He urges the precautions
which have been taken ; and I only regret that the at-
tempt at their removal has not been entirely successful,
but has been th waited by men who could have rendered
loyal and perhaps good service to the country, if their
chivalrv had directed them to companionship with those
who have crossed the Rio Grande.
When the late command was sent to Austin for the re-
moval of the archives, the Executive contemplated suffi-
cient force to have effected that object. The circumstan-
ces.attending the failure are reported to be, that the com-
mand, twentvtin number, arrived at Austin on the 30th
"December,and on the same da', pTacccHinto three wag
ons the boxes containing the most important land papers
furnished them by the commissioner of the General Land
Office. The mob of resistance increased in numbers
from the time that the object of the visit was known, and
before the wagons had left the avenue, the arsenal was
broken open, and the artillery, charged with grape and
canister, was brought up, and fired upon the wagons and
ttams. No damage, however, was done to them; and
only two shot are reported to have entered the General
Land Office. The company who were authorized to
take the archives in charge, continued their march until
they arrived at Kinney's, eleven miles from Austin, on
their way to Caldwell on the Brazos. They encamped
at Kinney's the remainder of the night; and in the morn-
ing found that the malcontents had placed the artillery in
the advance of them, and represented their numbers at
ninety men. Those in charge of the archives not having
sufficient force, left them, and returned to their homes, re-
porting that Capt Joseph Daniels, attached to the Gtnei-
al Land Office, had been shot at several limes, but had
escaped, leaving bis family in Austin. What injury he
sustained is unknown. The malcontents also declared tc-
those employed in bringing away the archives,- that on .
their return to Austin they would put the commissioner
of the General Land Office, Col. Thomas Wm Ward, to
death; and further declared, that if the President had been
taken and given up'to them, they would freely have sur-
rendered the archives. They -are represented to have
been in a state of intoxication, and unreserved in their
threats of violence against the person and life of the Chief
Magistrate of the country.
These are the facts, transmitted in compliance with the
call of the House. To offer comments upon them would
seem to be an insult to the common sense at.d good un-
derstanding of every member. A sense of duty to our
general constituency, to our national character, and the
respect we may hope for from abroad, and for order and
self-existence at home, constrain me to believe that the
honorable Congress will adopt such efficient measures, or
empower the Executive to do so, as will secure the safely
of the archives. Their removal is connected with no in-
dividual gratification which the President can feel. He
regards the matter as one purely of national import.
.Their loss would involve the nation in inextricable con-
fusion, injury and expense, and a longer postponement of
the action of the Congress can be attended with no other
than the most pernicious effects. Those whose interests
are identified with transactions under our land lawsBcan-
not but feel deep solicitude that the records which consti-
tute the basis and evidence of thtir rights, should be
placed beyond the reach of danger and destruction. At
least nine tenths of the citizens of the country are thus
more or less concemed. Shall their rights be surrender-
ed to the keeping and control of a mob who have so long
openly trodden down the constitution and contemned the
authorities of the land?
If the archives are not preserved, the blame cannot at-
tach to the Executive. Congress has had, and at this
time has the power to sustain him in discharge of his
trust, and the c ecution of his duty; and if they are des-
troyed by any means whatever, the evil will then be felt
by all, and the question will then be asked; Why has it
come upon us? Could it have been averted ? and by
what means? Interest and injury will give a ready an-
swer to every inquiry. If the Mexicans again visit us in
forty-five days from this lime, and the archives survive
destruction in the interval, consternation, dismay and dis-v
aster may swallow up for the time every other consider-
ation; but a sense of individual misfortune will only be
smothered by the general calamity, until the countiy is
again redeemed and composed
The Constitution has devolved upon the Executive, as
a public functionary, important duties; and so long as he
is responsible for their execution, no threats of personal
injury shall ever deter him from the discharge of his ex-
alted trust. Likp every other man, personal security may
be a desideratum with him, and he might he found to see
society assume that state which would elevate its members
above the influence of personal abuse; for this must be
desirable to every good citizen. But if a love of personal
security had been the predominant feeling of his life, his
present connection with Texas might have been different;
and the situation of the country might also have been dif-
ferent in its relations to the civilized world. He has al-
ways shown a disregard of personal comfort, of personal
privation and of personal danger, when he believed the
rights and interests of his country and lellow men werp
dependent upon his course. If his actions have been
creditable to himself, the highest gratification which he
enjoys, is the knowledge that they have been beneficial
to his fellow-citizens. As a reward for these 'he desires
to see his country established upon a firm basis its laws
respected sedition putdown society cemented by a sense
of moral obligation and every citizen, whether in public
or private station, acquiting himself to society as a man.
And if the superadded obligation of an oath attaches to
his duty, let him redeem his pledge and stand acquitted
of blame to his country and his God. Were he incapa-
ble of these feelings these motives, and a sense of these
oblin-tions, he would pitv, if not despise hirnsi-lf.
SAM. HOUSTON. ,
No 1. CONFIDENTIAL.
y Execuiive Department, )
' Washington, Dec. 10th 1842. J
I, Sam. Houston, President of the Republic of Texas,
reposing special trust and full confidence in the prudence
energy and ability of Thomas I. Smith and Eli Chandler,
do, by these presents, authorize, empower and direct them,
the said Thomas L Smith and Eli Chandler, jointly, or
either of them separately, to remove, or cause to be re-
moved, from the city of Austin to the town of Washington,
all the public archives and government stores there now
remaining, of all and every description whatsoever: And
the special agent of the government at that place, the
Hon. Thomas Wm. Ward, will deliver, and they, the said
Thomas I. Smith and Eli Chandler will receive from him
and transport the same as aforesaid.
And all persons are hereby enjoined and especially com-
manded, in the name of the Constitution of the Republic,
in no wise to interfere with, obstruct, or impede the filfil-
ment of the Executive order herttofore given, directing
the removal of the Government archives from the cny of
Austin. But in furtherance of that object, to permit their
free and uninterrupted passage.
Given under my hand at Washington, the day and year
i ! ' dependence of the Republic,
SAM. HOUSTON.
'0N, WEDNESDAY, FEBRUARY 8, 1843.
', JltifcH i
No. 2. CONFIDENTIAL.
f Executive Department,
Washington, Dec. 10th, 1842 $
To Messrs. Thomas I. Smith, and Eli Chandler:
i- Gentlemen: The importance of removing the pub-
lic archives, and government stores from their present
da ogerous situation at the city of Austin to a place of se-
curity. is becoming daily more and more imperative.
While they remain where they are, no one knows the
hour when they may not be utterly destroyed. They are
constantly liable to attack and destruction by the enemy.
A. due regard to the rights and interests of every citizen of
the Republic, therefore, imposes upon the Executive, un-
der the conslitutien, the duty of providing for their safely.
In performing that duty, he must rely upon the agency of
these to whom he shall entrust the execution. Your pru-
dence and energy, Gentlemen, point you out to me as ihe
proper agents for the performance of the work. You will
accoidingly receive, herewith, full authority to act. The
manner of effecting your object, will be left to "your sound
judgement and discretion.
You will, of course, be attended by such aid as any
contingent emergency may require. You are acquainted
with the condition of things at Austin, and the exasper-
ation of feeling pervading those who are directly interest-
ed in that place. You will govern your movements so
as to suffer no detriment either to yourselves or the prop-
erty you may have in charge. Be prepared to act with
emciency ; do not be thwarted in the undertaking.
From the great weight of the archives, it will require
at least some ten or fifteen wagons, wilh strong teams, to
remove them. It would also be well lo conduct your
operattons with the utmost secrecy, and by all means raise
a sufficient force to take possession of and guard the ar-
chives before any rumor of your intended visit could pos
sibly be receiveJ there. You might raise your men as if
tor an Indian excursion; and by no means let your Ob-
ject be known till you are ready to act. Threats have
been made, that if the archives are ever removed, it will
be in ashes. The loss to the country in such an event
would be infinite and irreparable.
You can determine which would be the most eligible
route, down the Colorado or across the country to the
Brazos The latter would likely be the safer particu-
larly from Mexican attack.
The government offices being now here, the archives
and all the public property at the city of Austin, will be
brought to this place. You will report to Col. Thomas
Wm. Ward, Commissioner of the General Land Office,
at Austin, and special agent in charge of the archives, who
will give you all the facilities in his power.
I have the honor to be,
Your most ob't serv't,
SAM. HOUSTON.
S
No.
3. CONFIDENTIAL.
Washington, Dec10ih, 1842.
To Col. Thomas Wm. Ward:
Dear Sir: I have this day written to Col. Thomas I.
Smith and CapL Eli Chandler, upon the subject of the re-
moval of the archives and government stores now remain-
ing and under your charge, as special agent, at the city of
Austin. I have been assured by one of these gentlemen
that he would effect so desirable and necessary an object.
They are certainly in a very precarious and unsafe situa-
tion. What the Mexican or Indian enemy might not do,
I am led to believe, from the various threats that have
reached my ears, might be accomplished by the irrespon-
sible, unprincipled, and lawless, among our own citizens.
I am told that their destruction by fire has been frequently
denounced by some of those who oppose their removal.
Such an event would produce not only incalculable Lut
irreparable injury to the people of Texas, and must not,
if possible, be permitted. Col. Smith and Capt. Chandler
will act with secrecy, efficiency and despatch, as their pru-
dence and discretion shall dictate. When ready to begin
the work, they will report to you from whom, I doubt
not, they will receive every facility in your power.
It is very important that the iron chest, belonging, I
believe, to the Quarter Master's Department, which was
secreted under that office, and which -has been since re-
moved to Luckett's, in the neighborhood, should be se-
cured and brought away. It contains evidence of individ-
ual indebtedness to heavy amounts. There are, also,
commissary's stores, &c. &c, which should be brought
away.
I have the honor to be,
Very truly, yours,
SAM HOUSTON.
No. 4.
Extract from a letter of a gentleman who has no con-
nection wilh ihe government, dated Austin, December
9th, 1842.
,c Should Congress pass a law authorizing the President
to remove the archives, he or you had belter at once, on
the passage of the law, despatch up a body of men in
whom reliance can be placed, to protect the removal, for
fear that by any accident they might be destroyed there
being a few men whom the coirse pursmd by Houston
having ruined has rendered desperate; and such a thing
might occur as a bonfire, which would ruin the whole Re
public. Should such occur, it will be in dt fiance of all
' the respectable portion of the community ; but you well
know that one or two desperate men can achieve much
harm, and it is as well always to guard against surprise.
If any men do come up for the purpose, their destination
should be kept secret, and they should come up on the out-
side of the line of settlements. I have shown this to
and he informs me, that he has ascertained that a majority
of the citizens are determined to sustain the authorities in
the removal, provided they act under an act of Congress."
REPORT OF THE ARCHIVE COMMITTEE.
The undersigned, members of the select committee, lo
whom was referred the communication of the Execuiive
in answer to a call of the House, requesting hfm to furnish
information as to "what steps have been taken for the re-
moval of the Archives during the present session of Con-
gress," submit the following statement of their opinion
upon the subject embraced in the resolution, and the in-
formation communicated by the President.
The intelligence laid before the House by the Execu-
tive, exhibits the startling fact that the country has but
just escaped the hurrois of a civil war that citizen has
been armed against citizen, and brother against brother,
under the auspices of the Executive, sit a tune when the
great conservatives of the public weal, the Congiess, was
in session, peaceably discharging their important duties'
and in ignorance Oi the fearful danger which overhung
and threatened the country. That such a state of things
should ever exist, would be much lamented; but that it
should have been excited in the prespnt emergency, when
the government is striving by war to maintain its exis-
tence, and at the very time when a patriot band of our
countrymen are gallantly battling in the enemy's country
in defence of the national cause, and in vindication of n i-
tional honor, is to be deprecated as the most calamitous of
evils which could threaten or befall us.
What has given rise to this state of things, demands the
solemn investigation of the Representatives of the people.
The undersigned submit the following facts and opin-
ions to the candid consideration of the House of Repre-
sentatives: The Congress of '38 and '39 determined to remove the
seat of government from Houston, the place of its then
location, to some site to be designated by five Commis-
sioners, to be appointed by election in either house. This
act of Congress received the appiobation of the then
Chief Magistrate, and became a law of the land. The
Commissioners were chosen, and the result of their ap-
pointment w.ie, the section of Austin as the seat of Gov-
ernment. Objections were made at the time to tt .
VOI
of selection ; but the bill containing 'these provisions hav-
ing been sanctioned by the two Houses of Congress, and
having received the approval of the Executive, becanfa
binding upon every citizen until reversed by some other
department of the government, or repealed by some 6ub
sequent legislature. Neither of which has been donej
and it is apprehended that until such action shall lake
place, that the law is equally imperative upon the present
Chief Magistrate, as if no objection thereto could be urged
or imagined. However this may be, the acts of subse
quent legislatures in assembling at Austin in ratifying
the acts of the Commissioners in designating Austin as
the seat of government, and others of a similar character,
have entirely removed the force of the objection thus
urged. The present Chief Magistrate, influenced by con-
siderations of this character, attended the meetings of Con
gress at Austin as one of its members, and as President
elect, met the Representatives of the people -fit that point;
and then, under the solemn obligations of an oath, enter-
ed upon the performance of his exalted dulies, to admin-
ister the government according to the law and the Con,-
stitution. )
Immediately, however, upon his induction into office,
the Executive requested of Congress the power to-order
the removal of the Archives from that place, if, in his
opinion, any ejnergency should render it necessa'ry. -This
the Congress refused. But the fact of the requesjL
having been made, is a full admission that in his-opinfon
that without the delegation of the power by Gongress,
none such existed, and that the law placing them there
could not be repealed.
The day after the adjournment of the last Congress the
President left the Capitol of the country declaring that he
never would return to it again, and his subsequent course
has manifested a determination to adhere with the tenacity
of obduracy to this promise in an evil hour, though such
adherence should plunge the country into a civil warl j
The personal conduct and declarations of the Execu-
tive, are, in the opinion of the undersigned, matters of im-
portance in this investigation, and a part of the object of
this inquiry, as they confidently believe, that it will satis-
factorily appear upon a candid and full review of the
whole matter, that his whole conduct upon this exciting
question, is dictated by a long settled and determined op-
position lo the present location ofthe Seat of Government,
and thauhe circumstances alleged by him in justification
of his course, furnished not the reasons, but served only as
the occasion for the execution of his favorite purpose by
such extraordinary means. ,
About the 25th of February, Chief Justice Hemphill
arrived at Austin and informed the then Secretary of War,
Col Hockley, that he had received such information at
San Antonio as left no doubt on his mind that there would
be a hostile party of Mexicans at San Antonio between
the 5th and 15 of March. Col. Hockley's reply was,
"we expect them we have for some time believed they
were coming," and yet not a single step was taken to m6et
or repel them, although he had ample time to have thrown
a sufficient number of troops into ihe place to have pro-
tected it and to have repelled the whole invading army.
When the news reached Austin that San Antonio was
taken, Col. Hockley reported the same to the President
(then at Galveston) officially, and at the same time writes
another letter to him in which he says, "according to your
expectations the Mexicans have come San Antonio is in
their possession. I have caused some of the most impor-
tant pa-ers ofthe Government to be buried, so if the ene-
my or we burn they are safe." This expression (not in-
duced by any thing in the previous part ofthe correspon-
dence,) if the enemy or we burn," shows that Austia had
been destined to destruction, to save it from the'eapture of
the enemy when that enemy was expected and no prepar-
ations had been made for his reception, and the sad specta-
cle is presented ofthe President ofthe Republic in, antici-
pation of the immediate descent of the enemy retiring from
the post of danger and leaving the Capitol of his country
unprotected, when his presence and his name, in itself a
host," would have gathered around him for his and its
protection the chivalrous spirits ofthe land in force suffi-
cient to have avenged on the rash intruders the'insult of
violated national honor.
But the anticipations or hopes of the Executive were
alike disappointed, and the developement of the affair
showed it to be but an incursion of a marauding gang of
Mexicans. When the affair, the President himself so
considered it, in his communication to the citizens of Gal-
veston he expressly alledges that no emergency existed
which would justify him in taking any steps for the de-
fence of the frontier ofthe country, and declined to avail
himself of the ardent disposition of that people to volunteer
and march to the West for its protection. In a letter to
Santa Anna he speaks in terms of severe reprehension of
the bandit robber like character of tnat incursion and so
characterises it. But in a letter to the citizens of Austin
written three days after the latter he dignifies the visit of
the enemy with the more formal appellation of an inva-
sion: and in his communication to the extraordinary
Congress at Houston he expressly designates it as a "ma-
rauding parly." Varieties of epithets, which may easily
be accounted for but cannol be reconciled. But upon the
fict of this marauding incursion, the whole necessity of
the removal of ths archives and the Seat of Government
from Austin, together with the late extraordinary trans-
actions are predicated. But we will follow the melan-
choly and painful history of Executive conduct on this
subject still farther.
San Antonio was taken on the 5th of March, and the
M-xicans retreated with great rapidity in two or three
days thereafter. Gen. Houston's order for the removal
of the archives was received at Austin about the 17th of
March, when there was not a hostile Mexican in the coun-
try. Upon hearing that such an order had been re-
ceived, the citizens of Austin appointed a committee to
wait upon Col. Hockley and request him to suspend the
execution of the order, assigning as their reason for such
request, that the President could not have been apprised
of the true condition of things when he gave it; that he
no doubt believed the country was invaded by a large
force, and that when he should learn that there was not
now a Mexican in the country, he would rescind the or-
der. To these representationsCol. Hockley replied, "that
he would not suspend the execution of the order, because
he knew if the President were present he would cause it
to be executed " He further said, that "the President
was fully advised ofthe true condition of things when he
gave the order for removal, that the order was not predi-
cated upon any invasion or supposed invasion; that the
President had long since determined to remove the ar-
chives, as he never believed that Austin was the proper
place for them." Upon being asked if he intended to be
understood as saying that, "thePresident was determined
to remove the archives in violation of law and against the
opinion so repeatedly expressed by Congress on the sub-
ject! he replied, -'that Congress had nothing to do with it,
that the archives were under the control of the President,
and he alone had the right to prescribe the place at which
they should be kept. That he would not as Colonel of
Ordnance have obeyed the order of Gen. Lamar in remo-
ming the arms and ammunition to Austin in the first in-
stance had he not known that Gen. Houston when he
came into office again have ordered them back." In the
conversation, Col Hockly admitted that the Archives
were then as safe in Austin as they had been at any time
since they were placed there.
Subsequent to this time a committee of the citizens of
Austin waited on Gen Houston at the city of Houston,
and after representing the true condition of things in the
country, rrquested that the order for the removal might
be suspt ndod. He refused, and assigned as the principal
reason for doing so. "that as long as the Archives should
remain at Austin, information of the movements of the
enemy would betaken to that pi ice instead of being taken
,i,rr.tl o i!oi m h pi lio.ird In consequence of
' .1. -iii,- n (t' ti lnluruu'ici oh n- -
VHL-NO. 8-WHOLE EQ. 375.
that ifinielligenco had been taken to h!m at once, at Gal
veston, of the foray upon San Antonio, instead of its reach
Ing him through rumor, there would have been no nt
cessity for calling out the militia at that busy season of
the year." Tim statement, ifit means any thing, shows
that his-anxiety for the removal of tho Archives did not
arise from hia conviction of their danger at Austin, but
simply for the sake of his personal convenience. The
committee of the citizens of Austin might bavo replied to
him: "Had you, Sitybeen at the place at which tho Con-
stitution of your country directs you to remain, you would
have received the earliest and most direct information, the
capture of San Antonio would have been prevented, and
'the enemy vanquished, and would have been repulsed
from the country or captured. If, owfng to the absence
of the President that disgrace befell us, Kt the igno-
miny rest where itshouId."
- An extra session of Congress was convened by the pro-
clamation ofthe President to meet at the city of Houston
on the 27th of June last. In his communication addressed
by the Executive lo both Houses of Congress, he laid be-
fore them his opinions of the situation of the country in-
formed them ofthe steps' he had taken for the removal of
the Atcbives, and of its failure gave hi3 reasons for as-
sembling the Congress at that place, and asked of them to
enact such measures as would enable him to effect hi3
cherished object the removal of the seat of government.
"This occurred immediately after the incursion of the
Mexicans, and that occurrence and its consequences were
fresh in the recollection of every member of each branch
ofthe legislature. The previous Congress, composed of
the same members, had held its session at the city of Aus-
tin" all knew the. circumstances of its situation, and many
Pof the members in their march in search of the enemy
from which they had just' returned, had been some dis-
tance west of that point. These circumstances are men-
tioned, to show that Congress did not act unadvisedly or
ignorantly upon the archive question. Yet this Congress
Assembled in the midst of the excitement created by the
capture, of San Antonio, and in full possession of all the
Tacts of the case this Congress which had at that time
been so lavish of its confidence in the Executive, as to
bestow upon him in the "war bill" powers too great for
him to accept, refuse to justify the -act of removal, or to
delegate to him authority to carry his wishes into effect.
'But, on the- contrary, the Senate- passed a resolution de-
claringthat "no emergency (such as the Constitution con-
templates.) existed to justify the removal ofthe offices of
the President and heads of" departments from the seat of
government This resolution passed to its 3rd reading
in the House of Representatives It was not, however,
finally acted on in consequence of the confusion which
existed towards the close of ihe session. The history of
that resolution was a fair and decided expression of both
'Houses of Congress on the subject; and its ultimate fate
is only to be regreitedx inasmuch as the President has
sought to draw therefrom reasons to justify and sustain
his ruinous and inexplicable policy.
On the 14th of No vemberthe President again convened
an extraordinary session of Congress, for reasons satisfac
tory to himself, to use his own expression at Washington.
"It may here be remarked, thai though the Execuiive may
have the unquestioned power under the Constitution to
order the removal or the Archrves and the heads of de-
partments from the seat of government on the happening
of such an emergency as is contemplated in the Constitu-
tion, and having taken this step, the power of removal is
determined until the happening of a similar emergency
as affee-ting their safety at the point to which they have
been thus removed. The safety of the President and
heads of departments at the city of Hocston cannot be
doubu-d; and the subsequent older of removal to Wash-
ington, was clearly beyond Executive power. The exer-
cise of the discretion once had ended it; and no authority
can be shown to. authorise the hawking out ofthe seat of
government and exposing it to public sale, and letting it
out to the highest bidder. All the steps which have been
since taken, predicated upon the order of removal lo
Washington, are clearly unconstitutional and contrary to
law. " -
But, says the President, for reasons deemed satisfactory
to myself, I have thought proper to convene an extraordi-
nary session of Congress, to meet at Washington on the-
14th of November. He h$s, however, deemed it unne-
cessary to state these reasons to the Representatives ofthe
people.
In his message to the two Houses, he exhibited no state
of circumstances which rendered the assembling of Con-
gress previous to the time fixed by law necessary. No
change in the posture of public affairs but such as were
contemplated, had occurred. No great danger was al-
ledged as threatening or anticipated. No great act of
public policy was submitted as demanding the immediate
and prompt action ofthe legislative departmtnt of the gov-
ernment Why, then, was this extra session commenced?
Why was the legislature called together almost a month
earlier than, the tune fixed by Taw, to the great expense
of the people ? .The President has not deigned to explain,
but has left it to the imagfnations of the enquirers to de-
termine; and with the knowledge of bis conduct concern-
ing the removal of the seat of government, it is easy to
assign the real-cause. It was deemed necessaiy by him
in order to effect the ultimate removal. "While the mem-
bers of Congress were reluctantly assembling at the place
designated, another proclamation is issued convening the
regular sessfon at the same place. This last proclama-
tion must be looked upon as the endeavor ofthe Execu-
tive to wrest from Congress their control over the place
of their meeting; and by priority of claim, forever to ex-
clude the Congress from any jurisdiction over the matter.
Against such usurpation, the undersigned enter their sol-
emn protest to such claims they express their unhesitat-
ing and indignant opposition. If the President has tho
exclusive control over the matter why does the Constitu-
tion authorise the two Houses to adjourn to any other
place than to the one at which they are then sitting?
Nay, so entirely is the President divested of control atsuch
time oi'er the subject, that upoa the action of Congress
thereon, he had not even the control of the veto power;
and this is the only subject of legislative action over which
this control does not exist. If the Executive power on
this subject is exclusive of Congress while it is in ses-
sion, why is it that the clause ofthe Constitution which
requires the President and heads of departments to re-
main at the seat of government, make the exception when
tdeir removal is authorised by the permission of Congress?
Could it be made plainer than by this exception itself,
then the framers of the Constitution contemplated that the
whole power over the subject was vested in Congress, if
in session, and that it was only delegated to other function-
aries ofthe government, on the happening of some emerj
gency during a lime of war, and during the recess of Con-
gress of so sudden and threatening a character, that the
advice and deliberation of the legislative branch of the
government, could not be had thereon. But this danger
should be obvious, impending and undoubted, to justify
Executive control over the matter ; and the meeting of
Congress divests him of all power thereon.
The next act in this sad drama presents us with the
Executive order of the 10th of December, addressed to
Captains Smith and Chandler, (persons unknown lo ihe
government in any official character,) directing them 'Ho
removc,,or cause to be removed, from the city of Austin
to the town of Washington, all the public Archives and
government stores there now remaining, of every descrip-
tion whatever " In a confidential communication accom-
panying this order, Messrs Smith and Chandler are in-
formed by the President of the exasperation ofthe public
mind on the subject of removal, and they are directed to
raise an armed body of men, in order that this exasperation
may not present any difficulty to the Executive ofthe or-
der These armed forces are to be raised under pretence
of an Indian expedition. The number of men toberais-
I ed, and the manner of effecting the object, is left entirely
H-
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Cruger & Moore. Telegraph and Texas Register (Houston, Tex.), Vol. 8, No. 8, Ed. 1, Wednesday, February 8, 1843, newspaper, February 8, 1843; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth48220/m1/1/?q=Lamar+University: accessed June 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.