WRITINGS OF SAM HOUSTON, 1838
234
more rank, and proceeded to elect a major, one captain and the requisite compliment of officers. Inasmuch as no muster roll was made, the executive thinks it would be impracticable ever to ascertain how many were actually in service at any one time. They were in the habit of going at large, and if discharged were now to be received, without any roll by which they might be checked, five hundred discharges might be made out, and land scrip and treasury notes drawn to an unlimited amount. The executive has the pleasure of assuring the honorable con- gress that, had the orders of the government been obeyed, or the country derived any advantage, as was contemplated from the services of the companies referred to, their accounts would long since have been adjusted; but he never will sanction any measure which he believes to be injurious to the public treasure, and subversive of all subordination and order. The laws are in- tended to benefit those who support them, and to punish those who neglect and violate them. "The laborer is worthy of his hire, but he that laboreth not must expect the reward of the sluggard." The President submits this bill with his reasons, assuring the honorable congress that he could not under the circumstances of the case, pursue any other course than to offer to the bill his objections. Sam Houston. 1 The Journal of the Senate of the Republic of Texas, 2d Cong., Adj. Sess., 1838, 83-85. This message was not printed in the Journal of the House of Repnsentatives. 2 0n October 2, 1837, the House resolved that the Auditor of Accounts be required to lay before the House 1·easons why he had refused to audit the discharges of the volunteers who served a tour of duty under the commands of Captain Michael Costley and Captain George Washington Jewell. John W. Moody, Auditor of Accounts, made reply on October 6, stating that the two captains, Costley and Jewell, had not obeyed orders, and that Houston, the President of the Republic, had instructed him not to pay those two companies, a fact that amounted to a dishonorable dis- charge. Moody went on to show that his conduct was justifiable under the law. See Lamar Pape1·s, I, 673-574. For biographical material concern- ing Captain Jewell see Houston to George W. Browning, December 8, 1836. Little biographical information bas been found concerning Michael Costley. He was killed at Nacogdoches in 1837. A letter from Jacob Snively to Houston, November 22, 1837, bears this information: "Last Sunday Mr. Michael Costley was killed by Mr. Speight. Some altercation took place between them which caused Speight to shoot him through the h~art. At San Augustine last Saturday evening a Mr. Pinckney Lout was killed.
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