WRITINGS OF SAM HOUSTON, 1860
190
To CYRUS H. RANDOLPH 1 Executive Department, Austin, Texas, November 9, 1860. Hon. Cyrus H. Randolph, State Treasurer Sir,-Your letter of the 8th has been received. I had been informed that you regarded the amount of University Land Sales, say $19,973.35 as incidental to the University appropria- tion of 1858, and therefore might be used for the purpose that said appropriation was used, hence my letter of the 3rd instant. But as you inform me differently in yours of above date, I am not willing that this administration shall be forced to bring in necessity as a plea for violating the law; and unless it is legiti- mately incidental, I am not willing to authorize its use, at least, in the present condition of our finances. Sam Houston.
1 Executive Records, 1859-1861, p. 249, Texas State Library.
To CLEMENT R. J oHNs 1 Executive Department, Austin, Texas, Novr. 13, 1860. Hon. Clement R. Johns, Comptroller of the State Sir,-In reply to your note of the 6th inst. proposing a "set- tlement of the existing differences between his (your) office and the Executive," by referring the matter to arbitration, I have to say that I am not aware of any difference, only that you do not consider your office as belonging to the Executive Department, and in no respect subordinate to the Executive Head, and that you have since the commencement of the present administra- tion, sought, as it appears to me, on every occasion, to manifest a disregard of the authority of the Executive, as well as the laws for the Government of the Department, and the officers belonging to it, under the Constitution. As the head of the Executive Department of the Government, I have no disposition to yield my discretion in regard to the transactions occurring in the different offices of the Department, to the judgment of any other, or to submit my action to the arbitration of subordinates. The reference to any extra judicial matter of business to a co-ordinate Department of Government, when at some future day it·may be called upon to decide judicially upon the "differ- ences" existing between us would be an insult to delicacy as well
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