There is no denying the fact that we have some very willing little Jeffreys among the judiciary of the present administration, as we shall abundantly prove, when we come to review their acts.

We now come to consider the only other enactments of the Legislature in reference to the organization of the Governor's army approved April 12th 1871, and the amendment to the act approved July 1st 1871. The only significant feature in the Act of April 12th is that it enables all persons who are liable to serve in the Reserve Militia, to avoid such service by paying to the officer duly authorized to receive the same the sum of five dollars instead of fifteen as required by the 22 section of the Act of 24th of June 1870. It is apparent from these two sections that it was never the intention of the Governor (who recommends its enactment in these words, "It has been found in some states a good arrangement to embody a small force of the militia as may be willing to volunteer into a National Guard, and to aid the latter in arms and equipments by a levy of a tax on all persons liable to military duty who may by paying the same avoid enrollment") or of the Legislature that a militia force should be organized. They did not want citizens in their army. The passage of the 22 section in the original Act and the 22 section in the Act of 1871 was intended as invitations to the citizens of the state not to enroll in the militia (the last being of a. more impressive nature than the first) as well as a means of obtaining a large sum of the people's money to be applied as the Governor suggests in his message.

By section 3rd of the Act of May 2, 1871 the Governor is enabled "to appoint any number of special police not to exceed twenty in each county in the State," or he may authorize their appointment. These special policemen shall only be paid when in actual service. Their compensation shall be three dollars per diem to be paid out of the county treasuries of the counties where

employed on vouchers certified to by the Chief of Police.

These twenty special policemen were appointed in each county in the State twenty days before the close of the last election on the 6th October 1871, and were employed in riding through the counties with arms in hand for the purpose of compelling freedmen to come to the county seats and register, as well as to look them up and drive them to the polls to vote.

This sufficiently explains the object the administration had in view in passing the Act. Each of the One hundred and fiftynine organized counties in the State has to pay for the services of these special policemen thus employed at every election and as much oftener as the Governor may choose to call them out the sum of One thousand and twenty-six dollars which for the State at large amounts to the sum of One hundred and sixtythree thousand one hundred and thirty four dollars. The people are not only to suffer the outrages and oppressions of the present administration, but are forced by Legislative enactments, to pay infamous men who are selected to oppress and defraud them.

We have frankly and honestly but briefly reviewed all the acts of the Legislature, which enable the chief Executive to organize, support and maintain a standing army in Texas, and at any and all times to control and direct its movements, which enable him to declare war against the people, for the declaration of Martial law, is in fact, a declaration of war.

Strange as it may appear, yet it is nevertheless a fact, that the Legislature has given his Exellency power, to declare war against the citizens, but in no legislative act has it given him the power to make peace, his war must therefore be a perpetual one, unless the humane Legislature interposes to stop it, for by the act, the Legislature alone can make peace. Why did they not confer this power upon the Governor? It may be they considered it a useless expenditure of the dear people's time, to confer the

peace making power upon the Governor, being as intimately acquainted with him as they were.

To prove that the Governor is empowered to make war (declare Martial law) and not empowered to make peace, I have only to refer my readers to the 26th section of the act of 24th June 1870, commonly known as the Militia Bill, but more properly the Governors Army Bill.

We will for the present leave this branch of our review and not again refer to it until we come to review the manner in which the Governor exercised these extraordinary and unconstitutional powers.

We come now to consider as next in order, the act entitled "an act to provide for the appointment by the Governor of certain officers to fill vacancies." The first section of this act proves the caption to be a base fraud instead of being an act, authorizing the Governor to fill vacancies, it is an an act.confering on him the power to appoint officers, which by the plain letter of the constitution, are to be elected.

Section 1st makes it the duty of the Governor to appoint for each judicial district in this State, one district attorney who shall hold his office until the next general election in this State. This Section is grossly violative of Section 11th Article 5th of the State constitution, which reads "There shall be a district attorney elected by the qualified voters of each judicial district, who shall hold his office &c." Is it possible that the Legislature was so ignorant as not to discover the difference between the election of a district attorney "by the qualified voters of each judicial district" and the appointment of one by the Governor. But these worthy legislators may say that the office of district attorney was vacant throughout the State. Who made the office vacant? Tell the people why the office of district attorney was not filled at the general election in November 1869. It was not the fault of the constitution for it provided for their

election nor was it the fault of the people. But because the office of district attorney was vacant, was no excuse for illegally filling it, when it might have been just as easily filled legally and constitutionally. An act might have been passed requiring the Governor to order an election to fill the vacancy. This would have been in harmony with the constitution and not violative of the spirit of our Republican institutions, but such a course would have defeated the designs and deep laid schemes of the Governor and the Legislature of robbing the people of their elective franchise, and of investing his Excellency with powers not conferred upon him by the constitution. The Legislature in this act, has bestowed upon the Governor a power reserved by the people to themselves.

Section 2nd authorized the Governor to appoint one County Treasurer and one County Surveyor for each County in the State, and all hide and cattle inspectors, and public weighers of cotton.

Section 3rd in some measure seems to conform to the caption, and grants to the Governor the power to appoint in each County in this State where a vacancy may exist by reason of the officer elect failing to take the oath prescribed by the act of Congress admitting Texas in the Union, approved March the 30th 1870, or failing to qualify in accordance with the laws of the State, or by death, resignation, or otherwise, one Sheriff and one district clerk." Unobservant readers might think this very fair and necessary to the due administration of justice, and to the prompt execution of the laws. But when it is read and considered in connection with the 5th Section of the Police Bill which enables the Governor to make the Sheriff's office vacant at will, it becomes obnoxious, and dangerous to the liberties of the people, and shows plainly that the intent of the Legislature was to concentrate all power in the hands of the Executive. Section 4th

empowers the Governor to appoint a Mayor, and a board of Aldermen, or officers of like character, of such number as is or may be authorized by law, for each incorporated city and town in this State, and also a city recorder for each of the cities of Houston and Galveston, which officers shall hold their offices respectively, until the next general election in this State, or until otherwise provided by law. Here again is the concentration of more power in the Governor. Here the people (sometimes styled sovereigns) are divested of those powers and privileges which have been claimed and exercised heretofore by them, and which constitute the distinguishing features of our Republican form of government, what deference or respect, we ask, is shown to the absolute sovereignty of the people, which is declared to be in them by the great declaration of American Independence, and which is a necessary element in all free and independent Republics, and without which they cannot exist.

It must be admitted that the people of the cities and towns of the State, are much more deeply and immediately interested and concerned, in procuring good, honest and efficient officers to rule over them, and are better enabled to judge of their qualifications and fitness for office, than the Governor, who is, from the very nature of the case in every or nearly every instance, a stranger to their condition, wants and necessities, and who has shown himself an unworthy repository of such power, by his partisan feelings in appointing only such to office, as are of his politics and obedient to his will, regardless of their qualifications.

This act enables the Governor to appoint nearly every officer known to the laws of the State, thereby placing in the hollow of his hand the life, liberty and property of every citizen in the State.

The acts confer a power and patronage on the Executive heretofore unknown in free Governments.