233
WRITINGS OF 5AM HOUSTON, 1861
order that the Company may obtain the State loan and the lands to which they may be entitled. Sam Houston.
1 From the Houston Public Library, Houston, Texas.
To CLEMENT R. J oHNs 1 Executive Department, Austin, Texas, January 15, 1861. Hon. Clement R. Johns, State Comptroller Sir, Your letter of the 14th has been received. Notwithstand- ing the Executive has concurred with the Treasurer in the belief that the Fund arising from the sale of University Lands might be used upon an emergency, believing that such was the intention of the Legislature, and that the amount was derived from a source which was incidental to the Fund specifically authorized to be used, he will not attempt to say that any special law exists authorizing its use, but would be willing to use the fund upon the grounds that necessity requires it, because the troops must be ·maintained in the field and if we cannot pay them for services we should, at least sustain them while in active service. The Fund is dormant, lying idle, while at the same time the frontier people are a prey to almost inhuman barbarities. You say that you have "never drawn a warrant upon any special fund or otherwise without lawful authority." Your mem- ory serves you treacherously. Did you not absorb the Public Debt Fund without authority, and, when questioned as to the propriety of so illegal a use of the public funds, did you not entrench your- self within the pale of a subsequent enactment, passed after the entire fund had been paid out? You say that "the Comptroller owes his obedience first and last to the Law and never to the orders of any man." Well, the Execu- tive has asked the Comptroller to do nothing that the law has not directed him to require at his hands. The law required that mili- tary claims should be settled under the special direction of the Governor. Has he asked more? The Comptroller, in the face of law, and in derogation of the lawful authority of the Executive has converted the funds specially set aside for the defence of the frontier to other purposes. If his obedience is due first and last to the law, why was this portion of that fund diverted from its legitimate channel, and why was the Public Debt Fund paid out without authority?
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