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[32] whereas Sam Houston, governor, and E. W. Cave, secretary of state, failed and refused to take the oath prescribed by the constitution and ordinances of the convention; therefore be it ordained, that the office of governor is vacant, and that Lieut.-Gov. Edward Clark is hereby required and authorized to exercise the powers and authority appertaining to the office of governor until another be chosen at the periodical election, and be duly qualified; and that the office of secretary of state, by reason of the said E. W. Cave having failed and refused to take the oath prescribed, is declared vacant, and he is required to turn over and deliver to his successor the archives and great seal of state, and other property belonging to the department of state. Next week Governor Clark entered the governor's office and General Houston retired from it, and thenceforward Governor Clark was recognized by the legislature, the officers and people of the State as the governor, to the end of his term.

In a few days there appeared in the newspapers a letter from General Houston, ‘Addressed to the People of Texas, Executive Department, March 16, 1861’ (the day prescribed for taking the oath), in which at great length he reviewed his course and the action of the convention, and, indicating his future action, said, ‘I love Texas too well to bring civil strife and bloodshed upon her. To avert this calamity I shall make no endeavor to maintain my authority as chief executive of this State, except by the peaceful exercise of my functions. When I can no longer do that, I shall calmly withdraw from the scene, leaving the government in the hands of those who have usurped its authority, but still claiming that I am its chief executive.’ In conclusion he said, ‘If I am thus deprived of the poor privilege of putting on record my sentiments, through a refusal on the part of the legislature to receive my message, I will lay the same before the people and appeal to them, as I declared I would in my inaugural.’

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