179
WRITINGS OF 5AM HOUSTON, 1860
with your Company on the 15th instant (I think it is). This he has no power to do, and the act will be void. It is the duty of the Pay master and not the Auditor. If you had called at my office you would have learned at once that none but the Pay Master, according to the law could settle with you for pay, and then the duty of the Comptroller will be to audit the Pay Master's accounts and if he has need to check and correct his errors. Hence the Pay Master has been deemed the proper official to do this in every service. If the Comptroller commits an error, as he has done in many instances, there is no way to correct it, or if he chooses to pay favorites as he has done on insufficient vouchers, or to pay double pay, there is no remedy to protect the Treasury. I have strictly pursued the law and shall continue to do so. There is a law as well as usage for the Pay Master to act in the payment of troops, but none for the Comptroller to pay the troops which have been or are in the service. This conduct on the part of the Comptroller is done in known violation of law and a desire to annoy me and to deride the authority of the Executive. I will issue a proclamation declaring the notice of the Comp- troller is contrary to law and forbidding his action. If it is con- venient for you to see me before the 15th inst. I shall be most gratified. If you cannot see me, as requested, I will be happy to hear from you. Very Truly Yours Sam Houston. Colonel W. C. Dalrymple, George Town, Texas.
1 Executive Records, 1859-1861, p. 244, Texas State Library.
To CLEMENT R. JoHNs 1 Executive Department, Austin, November 5, 1860.
Hon. Clement R. Johns, State Comptroller Sir, Your letter of today has been received. At this moment I can but say that I have received no answer to my letter of Nov. 3. I asked for information as to whether the Muster Rolls and vouchers necessary to procure from the Uinited States the money expended by Texas for Frontier defence, were in your possession : also whether any of the same were lost, and if so what portion? · The moment that this information is furnished me, I am ready to certify to Mr. Durham's authority to collect the money. My
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