WRITINGS OF SAM HOUSTON, 1860
181
States," it was not as the Comptroller that he went, but he was "nominated, constituted and appointed to be the Agent and at- torney in fact for the State." Had he been the only person "authorized to perform this duty," it would not have been neces- sary for him to have been especially appointecl for the service; he would have needed "simply the evidence of that authority." But Governor Pease, in this case, saw fit to appoint Mr. Shaw especially for the duty. He did so, because he believed him to be the most competent person, having been so long connected with the office and acquainted with the business to be settled. And it is on this account that I desire to appoint Mr. Durham and I greatly regret to see you disposed to deprive the State of his services. Did I believe you as competent as Mr. Durham to settle these accounts, I would, considering your very great desire to visit the metropolis of the Nation, appoint you, but the public interest must first be considered, and it will not permit it. A reference to the records of the Administration of Governor P. H. Bell, will also show you that he especially appointed George T. Wood, as "agent for the State," to obtain from the Federal Government, a settlement of the accounts due for the payment of certain volunteer companies. In all these cases, the power of the Governor to appoint an agent for this service has been recognized and that agent has been recognized and respected by the Federal Government. What pos- sible reason, then, can there be for your leaving the duties of your office and going to Washington, when another and more competent agent can be found in the person of Mr. Durham. But even granting your position there is still no reason why Mr. Durham should not bear the vouchers to Washington and attend to the settlement of the accounts. He is by law ex-officio Comptroller, binding the State as completely as you would do. Were I to appoint you to be the agent for the State to settle these accounts, he would for the time being be Comproller. Could you present any reason why I should avpoint you in pref- erence to Mr. Durham, I might reconsider my determination; but there are so many reasons for giving him the preference that with the lights before me, I must still decline acceding to your request, and although it would perhaps be a hardship to you to dispense with his valuable services in the Comptroller's office while absent on this duty, yet I trust you will be willing to make the sacrifice and unless assured that the business of the office would be ma- terially impeded by his absence, I will believe it your duty to do so.
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