The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-08

which you refer and which was republished by fos
three commanders Of the navy in their first pamphlet
addressed to the House Of Representative written
by the Secretary Of War and Marine by order Of the
than President Of Texas" Sam Houston.
can and win show clearly and beyond question, thai
1t had effect in law than similar letter would
the President Of me United States the chief Justice
thereof-smpy because the President Of the United
States has not the power under the constitution and
laws, to dismiss that of Ger Of the government
viii now show that the Pr resident Texas he'd not tho
power to dismiss commssi officer Of the navy I'M
der the constitution and laws Of that republic.
his cabinet the President of the United States
Section ten Of the fifth article Of the constitution Of
the late republic of Texas is in these worlds
an: ana IT.?
sais.s s%ss
During Sam Houstons rst term As President q Texas
s. Rhodes Fisher The difference was of such Character
that Mr. tshsr would not resign until It settled be-
yond any DOUBT me resident mpsached him. and he
not sustain the impeachment Mr. Fsher then resigned
These facts show that the President Of Texas had restrc
tions thrown around him which not thrown around
the President of the United States There are several
other articles Of the constitution Of the republic Of Texas
throwing restrictions around its President Of which
willquote Not can be found giving him the power
which is claimed for him now and which he said in
reply to your inquiry WAS the understanding Of thu
ss n. :. ss The
be sealed with the great SEAL and signed by the
Article g. section HE shall be commandsrn chief Of
tn; army and navy Of the republic and the msi.
Of a resolution Of Congress
al s q
senate but report t&s same the senate With
was confirmed unanimously By the Senate Of the
public Of Texas, July 10th, ls42 the commanding
Houston was President st that time and Of course nomi
mated me to the Senate He attempted to ill the
y;c.nsy Which h. s.id reply e inquiry at vas
an important vacancy my dismissal had been legal and
bona de Thi. shows clearly that the act consdersd
Article section s-Censress shall have to provide
,n en- ana . ,na to all laws and
The sixth Congress Of Texa. passed the following law
laws Of that Congress That it shall not, hereafter, b.
lawful to deprive officer in the military naval
vice Of the republic for any misconduct in ofce Of his
commission, unless by the sentence Of court martial
Approved February 1s4l Please the date Of this
law Ny pretended dismissal |. dated July y 1913.
are faithfully executed and shall commission all the scera
appealed to the Congress of Texas that met about
four months after tho pretended dismissal Of which you
spoke for trial on the serious charges that had BEEN
That body passed act the title of which is To sstab-
lsh Tribunal for the Impartial Trial of Post Captain E.
rank President Houston signed the law and ordered the
court martial which he was required to do, under it
Because his picked court did not find guilty, hd
but six days before the expiration Of term these words
% By sas sns q s
ss in ths 8, the
nt Sssc.ns.r :. lsG ssn''' AA Aoosi0N'
No notice sent Of the finding Of the court or
II. action Of ths President on it. did not even know
tho who was appointed Secretary of War and Ma
r9s :. b friend :,
lowing june (1846 which extra session. and the
that agreed to the joint resolutions Of annexation
the following resolutions were passed =
.hss sh'
asS::
81 IL
R. sSs ss a
Of he Republic Of justly due Son%sdsss W
Mosre and those under his command in the service Of sha
~ % Of the guarded manner in which s.n.-
t tor e thus
and legislature Of the State Of Texas that elected
this subject in IL. and hi
unanimously to use his influence to the passage
ofa Law By the Consrs.. Of the United States neorpo-
Of the United states in the rank which they seyeralx
held in the late navy Of Texas.
The last Instructions were preceded by the following
preamble showing the construc ion Texas always put
upon that part Of the joint resolutions Of annexation:
the previous ones wore nearly in the same words -
Whereas There connected the great msasure Of
annexation to the eonederacy which mem
he therep we'll as otSsrs %p .SS
fairly dsduSibs from the same. al Of which Ts.s.
tpnion Iesssure that the ofesr q our late
wy as
1 " se sas @
.d yar Ss and
tanned the Of their country during her struggle
Now, sir appeal with confidence 10 you have not:
established. beyond controversy, that legally and
rishtfuly the commanding officer Of the Texas navy at
tho date of That Texas considered she had
navy, equally clearly prossn. She certainly ID most
competent TO decide that question.
Naval COMMITTEES to whom was referred the joint resolu
tons Of the Legislature q the State of Texas-approvsd
as stated by him. dis in the terms Of the bill reported
from the COMMITTEES Naval Affairs which was aocom-
ut; n. n bill from the Naval Com
not as you say from any assiduous and perseveng app
gication on my part that this measure before the
The amendment il in these words
See And further r ID That the
she Prs.dent into The Of the
WIG ma q. :s!is; sd
provided that number or be shsl
There Is certainly no attempt in this amendment, "to
put the Texas navy officers into commission officers o
the United States navy-by legislative act pervertin
the constitution and taking away from the President hia
principal executive and constitutional authorityn On
the contrary plainly proposed to authorize the Presi-
dent TO nominate TO the Senate those officers Of the at0
Texas navy who duly commissioned and in the
vice Of Texas at the date Of annexation Therefore, 1t did
not propose :" to put into the navy Of tho United
states it, as you asserted, Il had been dismissed fron
the navy OF Texas in 1913"
Ihave clearly shown that you were mistaken with
gard to that fact and have made good my assertion that
the statements made by you rejecting upon my reputa-
ton and the arguments urged to sustain thsm NOT
founded in law facts.
lam, very respectfully, your obsdent servant,
T. w. MOORE
HOTEL INCIDENT IN ST.. LOUISA gentleman.
with . naturally temperament and o dread Of