Wood to the Texas Senate, November 30, 1849

Page 3

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Wood to Senate, Page 3

Aside from these considerations, it is believed


by the Executive that in accepting the services


of these companies he acted in direct uniformity


to the Constitution. The fourth section of the sixth


article of that instrument declares that "The


Governor shall have power to call forth the


militia to execute the laws of the State, to


surpress insurrection and to repel invasion."


The emergency which he conceived to exist


may not technically be held either an insur-


rection or an invasion, but to the State and


its citizens the consequences were the same.


Under this section if the power exercised in


the instance under consideration be not


vested in the Executive he confesses himself


unable to understand either the force or the


application of language.

If however it should be held that the Consti-


tution does not sustain him in the course


he adopted, the Executive does not wait


but will not shrink from condemnation,


preferring for to be condemned for employing


irregular means to do a praiseworthy act


than to be commended for folding his arms


according to law and looking with unconcern


upon the suffering of his fellow citizens.

Should your Honorable body adopt the opinion


that the Executive in this instance acted


improvidently and without the sanction of law


he indulges the hope that this circumstance


may not impair the claims of those whose


services and means were placed at the dis-


posal of the State to protect the lives and


property of her people. Should the Legislature


fail to do this, we can have no reason


to expect that the General Government will


recognize the necessity of the call or make

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Wood to the Texas Senate, November 30, 1849, Records of George Tyler Wood, Texas Office of the Governor, Archives and Information Services Division, Texas State Library and Archives Commission.

Page last modified: March 30, 2011