Year: 1871

holding the government of Texas. We are
fully impressed with the conviction that
constitutional government in this State is
in danger of utter extinction, and that the
cause of human rights and civil liberty were
never in greater peril. The crisis is truly
alarming 1t is an alarming truth that the
Government of Texas is now in the hands of
u en- who openly disregard the law of gov
ernment-the Constitution = the embodied
win of the people-and that these men claim
the right to substitute their sOiU and pleasure as
the rule of action, instead of the will of the
whole people, the Constitution.


We also charge that this usurpation, this
Substitution Of the sOiH of officials for the plain
terms of the Constitution, has not been
prompted by good or patriotic motives, bat
on the contrary, from the most selfish, sordid
and wicked motives.


In preferring these grave charges, we are
perfectly aware of their gravity, as implying
the very highest crime citizen can commit
against his country. The proof is full and
complete Letus enter into few specifca
tious, under the general charge, the evidence
of which is already before the public:


Specification /. The Constitution of Texas
expressly limits the terms of Office of mem
bers of the Legislature to two years. The
present Legislature, with the approval of the
Governor, have deliberately declared that the
same shall continue for three years or more.
II this term ofioffice, SO prescribed by the
Constitution, may be thus extended for one
year, or even one day, it may be extended
indefinitely, and thus become perpetual.
This is nothing less than reUOlntiOn by usarPa-
tion, and shows the disposition to dispense
with the people altogether in the matter Of
government. 1t looks 10 the establishment
in Texas of an odious, self-copstituted oil
garchy, like those attempted in ancient
Greece, and like the celebrated .Rump Par
lament of England. at the end of the reign
of Charles the First and the beginning of
the Commonwealth under Cromwell. The
history of all the States in this Union affords
no similar example. OF all the States,
through their entire existence, no such gla-
ring usurpatiOn has been attempted, but it
has been left to the Radical party of Texas,
in these latter days, to aspire to this infamous
distinction.


Specification 2. The Constitution of the
United States expressly prohibits State to
pass any "lsw impairing the obligation of
contracts" The charter of city, or other
corporation, is a contract, as well settled in
law, in the United States and in every State
thereof. The charter of the city of Austin,
and all the other cities in the State, expressly
confer upon the citizens thereof the right and
power of slecting their own officers. The
present Legislature have, without the consent
of these corporations, deprived them of the
right and conferred it upon the Governor,
who has, in all cases, proceeded to exercise
it, and thus the cities of Texas are, for the
most part, governed, domineered over, taxed
and literally hseced by strangers, carpet-bag
sdventurerS, needy, rapSciOus and unscrupu-
lous.


Specification 3. The Constitution of Texas
declares that the Legislature shall provide
for the election of District Attorneys BY the
people (tue legal voters) Of each judicial
district. In total violation of this provision,
the Legislature have authorized the appoint.
meat of these officers by the Governor. If
this is not criminal usurpation Of polcer, we
know not what would be. The motive for
this criminal usurpation is patent on its
FACET is to prevent the people from select.
ing such officers as will observe the laws of
the land, and to ensure the appointment only
of such as will obey the p party behests of the
Governor.


Specification 4. The Constitution of the
United States, and also of the State of Texas,
forbids that any citizen shall be arrested
upon any criminal charge, uRless the same
shall be preferred on oath, before some Judi
cial officer, upon which a warrant for the
arrest may issue according to law. In plain
violation of these provisions, the Legislature
has authorized the Governor to cause the
illegal arrest of several citizens, upon highly
criminal accusations lin Walker ahd Hill
cOunties) without any such affidavit or war
rant-and several such illegal arrests have
been made.


Specification 5. The Constitution forbids the
trial of any citizen, except upon presentment
by grand jury in the district or county of
his residence, before the courts of law of the
State; and yet the Legislature have author
lied the Governor, and he has in several in
stances ordered citizens arrested and tried
before a military tribunal of his own crea-
ton, in time of peace in the State, without
any of the securities of personal liberty
guaranteed by the Constitution. .s.


Specification 6. The Constitution forbids the
suspension of the writ of ha6eas corpus in
time of peace; and yet the Legislature have,
by an act, authorized the Governor to sus-
pend the writ of habeds corpus at his pleas
ure, in any part of the State. And this il
legal and dangerous power he has repeatedly
executed in time of profound peace.


Specification 7. There is no authority un-
der the Constitution of the State, or of the
United States, to suspend the laws of the
land or to declare and impose what is called
martial lao, OF more porperly speaking, the
IOiu Of the Governor, instead of the law of
the land. And yet the Legislature have
authorized, and the Governor has, in fact, in
more than one instance suspended the civil
laws of the land, and declared his will or
martial ia'c as the only rule Of action for
the government of the people.


Specification 8. The Constitution of Texas
and Of the United States forbids the trial of
citizen upon any criminal charge except
by jury of his peers, before the regular
courts Of the State; and yet the Legislature
have authorized, and the Governor has
repeatedly ordered citizens to be arrested and
tried by a mere drum-head court martial,
without jury, and without any of the safe