mere knowledge of the fact that such power is given the Execuvite will go far to prevent the necessity of its execution.

The whole tenor of the Governor's first message to the Legislature evinces a craving and unnatural desire on his part to concentrate in himself all the powers of the government. He boldly and unblushingly recommends the Legislature to place such extraordinary powers in his hands as are in direct conflict with the letter and spirit of the Constitution of the State.

The sum and substance of his desire is, that the Legislature shall pass an act granting him the power to override the written. Constitution of the State, unchecked to trample upon the liberties of the people, and to dispense with the statutes of the State in particular cases, and for special reasons known only to himself; and to deal with the liberty, property and character of the citizen in just such manner as his whims or prejudices may dietate. And in order that the grant of this power may be rendered available in his hands, he sees the necessity of organizing a strong military force in such manner and composed of such material as he may select. The Governor's Legislature in order to enable him effectually to put his iron heel upon the necks of the people and totally destroy their constitutional and legal rights, passed the act entitled "An act to provide for the enrollment of the Militia, the organization and discipline of the State Guard and for the public defence."

In Section 1st they designate who shall be subject to military duty, “all able-bodied male citizens residing in the State between the ages of eighteen and forty-five years," excepting certain classes therein specified. By Section 2d the Governor is made commander-in-chief of all the military forces of the State. The forces are divided into two classes viz:-"the State Guard of Texas and the Reserve Militia."

Section 3d. "The State Guard of Texas shall consist of male

persons between the ages of eighteen and forty-five, who shall voluntarily enroll and uniform themselves for service therein; provided the Commander-in-Chief (the Governor) shall designate the number of men in each county in this State allowed to enroll in the State Guards, and have power to reject any person offering himself for enrollment in the same."

The Legislature in this section has enabled the Governor to organize an army unlimited in number, to be composed of such material as suits his inclination.

This army may be composed entirely of men unidentified with the interest or feelings of the people of Texas, and opposed to our political and religious liberty. In may be composed in whole or in part of foreigners imported for the purpose of swelling the ranks of this army.

If any honest good citizen who loves our religion and reveres the time honored principles of our free institutions should apply for enrollment in this army, the Governor may challenge him peremptorily, he must stand aside, and give place to such as better suit the aims and purposes of the Governor.

We desire to draw the attention of our readers to the very important fact that this act permits ablebodied male citizens resident in the State to enroll in the Reserve Militia, but all persons without qualification between the ages of eighteen and fortyfive years, can enroll in the State Guards, provided they suit the purposes of the Governor. Why this distinction? The common sense of every man will suggest to his mind the answer. This State Guard is peculiarly the Governor's Army, selected and organized out of such material as will serve his purposes. The Reserve Militia can only be composed of resident citizens of Texas, and perhaps would refuse to murder, rob and pilfer their fellow citizens should they be called upon so to do by the Commander-in-chief. They are what this Act designates them, "Reserve".

not so.

They cannot act unless called out by the Commander-in-chief. They remain unorganized, unarmed, and unequipped; but we find the State Guard fully organized and equipped, scattered through every or nearly every county in the State, eating up the substance of the people, and in very many instances murdering innocent and unoffending citizens-depriving them of their property by force or fraud, disturbing the peace and quiet of whole communities, and inflaming the animosities of the races; in a word, fully carrying out the purposes and interest of their organization. To use the governor's own language, the Legislature in the passage of this Act has conferred upon the Executive “such powers as will enable him in any emergency to act with authority of law," if he consider this enactment authority of law. Undiscerning men would think that the posession of such unprecedented power would satisfy the cravings even of the Governor, but He calls loudly for more power, and obtains it from his subservient Legislature. He calls upon them for power under certain contingencies (he to be the exclusive judge of the contingencies) to establish martial law in any section or sections of the State. The Legislature promptly responds to the desire of the Governor in the 26 Section of the Militia Bill, thus, "It shall be the duty of the Governor, and he is hereby authorized whenever in his opinion the enforcement of the law of this State is obstructed within any county or counties by combinations of lawless men too strong for the control of the civil authorities, to declare such county or counties under martial law, and to suspend the laws therein until the Legislature shall convene and take such action as it may deem necessary." This Section is in every part unconstitutional and violative of every principle of our Republican form of government, and altogether unnecessary to the full and perfect execution of the laws of the State. The Constitution vests in the Governor all the powers necessary, having a due regard to the protection of the liberties of the people. Article VI,

Section first, vests in the Governor the power to call forth the Militia to execute the laws of the state, to suppress insurrection, and repel invasions. What more power does he need to enable him to carry out the legitimate functions of his office than is here given? It follows that the motive of the Governor in obtaining from the Legislature this extraordinary and unnecessary power was for other purposes than the execution of the laws of the State, the suppression of insurrection and the repelling of invasions. We see that the Constitution gave him abundant power to accomplish this. If the power to make laws or suspend them, rested with the governor, or become, under any state of facts necessary, to the proper discharge of the duties of his office, under our form of government, that power would be found in the written Constitution of the State. That it is not found there, proves that, no such power exists in the Government. Then what was his motive in securing to himself such power? I would that every citizen of Texas would demand from him an answer to this question. That universal shriek which comes up from the oppressed, downtrodden and outraged people of Texas tells plainly what his motive was. The malicious and wanton manner in which he has used this power declare in thunder tones what his motive was. The oppressed, robbed and slandered citizens of Limestone and Freestone counties both feel and say what his motive was. The people of Hill and other counties throughout the state, where he established his military commissioners and persecuted innocent citizens, with sad hearts and empty pockets can tell you what his motive was. The people of all those counties throughout the State who were prevented from reaping the benefits of their right of franchise, both by word and look, tell us what his motive was. If there are any who are yet skeptical as to the true motive of the Governor we refer them for light to the character and standing of the creatures he has enrolled in the

"State Guard." They are a motley crowd, composed in part of foreigners unacquainted with the habits and character of our people, unidentified with us in interest or feeling, and in many instances unable to speak or even understand our language. Composed in part of gamblers, drunkards, fugitives from justice, escaped convicts, many of whom have the mark of Cain upon them; of such men as are capable of committing crimes of the darkest dye. The freedmen who are enrolled, with a very few exceptions, are such as are most vindictive against the white race, ignorant, lazy, and totally destitute of honesty. To be a moderate man in politics, to be a Conservative or Democrat, is such a disqualification as renders him unfit to be enrolled in the State Guards.

History speaks of no army which in every respect equals the Governor's army of State Guards, unless it be Tyrconnel's Irish army organized in the reign of James II, A. D. 1686. The motive in organizing this army can be better gathered from the language of the historian than from ours: ·James," says Macauly “instead of allaying the animosities of the two populations inflamed it to a height before unknown. He determined to reverse their relative position, and to put the Protestant Calvinists under the feet of the Popish Celts. To be of the established religion, to be of the English blood, was in his veiw a disqualification for civil and military employment. Unhappily James instead of becoming a mediator, became the fiercest and most reckless of parti

sans.

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For these and other like outrages upon the liberties of the people of England James lost his crown and had to seek protection and a home in France. Yet it was the boast of his friends and partisans that during his reign the writ of Habeas Corpus was not once suspended. The friends and partisans of the oppressor of the people of Texas in that respect are not so fortunate as those of the tyrant James II.