WRITINGS OF SAM HOUSTON, 1860
137
TO THE DIRECTORS OF THE STATE PENITENTIARY 1
Executive Department, Austin, September 10, 1860. To Messrs. B. W. Robinson, B. W. Walker, and Joe L. Roe, Di- rectors of the Penitentiary Gentlemen: A draft drawn by you, in favor of Dr. Markham/ has been presented at the Treasury, and payment has been very properly declined by the Comptroller. It appears that Dr. Markham is an appointee of yours, as assistant Physician. I have examined the law carefully and can find no authority conferred upon the Directors of the Peni- tentiary, to make such an appointment. By reference to Article 192, Page 478, Oldham & White's Digest, providing for the organization and government of a "House of Correction,'' you will see that this authority is conditionally given to the Directors, and it would readily apply did the condition exist. But as there is no "House of Correction" in existence in the State, the author- ity for appointing an assistant Physician is clearly inoperative, and must remain so until such an institution is built. Apprised of the existence of neither law nor necessity for such an appointment, it will not be recognized by the Executive until you have referred him to the authority under which you have acted, and an appointment of so much importance and responsi- bility should have been referred to the Executive. Were I to approve the appointment, the Comptroller still would not honor the drafts drawn in Dr. Markham's favor, or in the favor of any other such appointee. Sam Houston. 1 Executive Records, 1859-1861, p. 223, Texas State Library. 2 Dr. T. W. Markham was born in Chesterfield County, Virginia, June 20, 1823. His family on both sides were plain people of economic independ- ence, ·who never sought publicity in any way. At the age of six years the boy was carried by his parents to Tipton County, Tennessee, where he attended school until he was seventeen years old. In 1842, he studied law under Archibald Wright, of Pulaski, Tennessee, and after a few months, he continued his studies at Covington, and was admitted to the bar in 1844. But he never practiced law, for in 1846 he began the study of medicine under Dr. Joe Greer, at Covington. He graduated in medicine from Ran- dolph College in 1863, and after taking other courses at the Memphis Medi- cal College, he came to Texas in December, 1863, and settled at Huntsville. While living at Tipton, Tennessee, he married India P. Booker, May 28, 1846. They had three children, but the wife died, December 31, 1860. Dr.
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