WRITINGS OF 5AM HOUSTON, 1860
94
[Endorsed]: No. 6009. From Genl. Sam Houston, Recd. July 3rd. No answer. [Endorsed in pencil]: Sinking Fund No. 2. Copied. 1 Com.pfrolle1·s' Letters; also Executive Records, 1859-1861, p. 190, Texas State Library.
To CLEMENT R. JoHNs 1 Executive Department, Austin, July 2nd, 1860.
Hon. C. R. Johns, Comptroller. Sir: In the appointment of John M. Swisher, Esq., as Pay Master of the State, I have acted in conformity with a law passed at the last session of the Legislature, approved February 13, 1860, which says: [We omit the quoted section.] I am not apprised that there is any law which authorizes the Comptroller to become the pay-master. As they are two distinct offices, the duty of pay master could not be imposed upon him by any authority that I know of. After the pay rolls are complete and the payments made, his duty commences-to audit and revise them. I know of no other rule existing in the offices of the United States, and when there is no law in the State of Texas, defining the various duties of the officers concerned, we are to be governed by the regulations of the United States. You misapprehend me when you say, "you appear to have sud- denly lost confidence in this office." I assure you that I have not suddenly lost confidence in you. On this subject it is unnecessary to say more, having other business which demands my attention. In a part of your first objection to handing over the muster and pay rolls to the pay master, you say, "I am compelled to con- sider the appointment of Mr. Swisher as unnecessary and void." It is not incumbent on me to consult you about what I think is necessary in the discharge of my duty; and as for your regarding my acts void, you have long since satisfied me of that. Were you contented with this, I should have less to regret, but you are not satisfied, for you have considered and have declared the laws void and of no effect whenever they run counter to your con- venience, or they did not harmonize with your opinion. I have assigned to the pay master none of the duties of the Comptroller. When the pay master has certified the pay rolls, showing what is due to each member of the company, it will then be the duty of the auditor and Comptroller to audit and comptroll
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