WRITINGS OF SAl\-1 HOUSTON, 1860
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& Others under the deficiency appropriation for which no funds had been provided, instead of refunding what little money there was left to the Public Debt Fund, which you had paid out with- out authority, many a dollar had been preserved for the defence of the bleeding and suffering fro.ntier. These are facts, official facts, which you denominate "charges." In another part of your letter you say, "there is no arbitrary power" in this government. This is readily accorded, and let me assure you that I have no disposition to exercise any power that is not clearly given me by the Constitution and the Laws. Now, in order that you may more perfectly comprehend the relation which the Comptroller bears to the Executive, I will refer you to article 166 under the head of Comptroller in Oldham & White Digest, which says "it shall be the duty of the Comptroller of Public Accounts to superintend the fiscal concerns of the State, and manage the same in a manner required by Law; he shall also perform such official acts as were required of the Secretary of the Treasury under the Republic of Texas, when not otherwise provided for by law." Here it will be discovered at once that all his duties and obligations are not found under the head of Comptroller, else the rule, referred to, would not when specifying that portion of his duties, [have] stated that they should be managed in the same manner as required by law, nor have added. "he shall perform such official acts as were required of the Sec-re- tary of the Treasury under the Republic of Texas when not other- wi.se provided for by Law." The question naturally arises from the foregoing what were the requirements of the Secretary of the Treasury under the Republic of Texas, and what were his relations to the Governor as head of the State. To give solution to this, it is only necessary to refer to a joint resolution approved the 13th of Decembe:c, 1836, passed by the Congress of the Republic, defining the duties of the Heads of the Departments of the Government, in which it will be clearly seen what relations the Secretary of the Treasury bore to the Executive, and the powers which were necessary to enable him to conduct efficiently and harmoniously the affairs of the State, and direct the execution of the laws. The resolution says, "that it shall be, and is hereby made the duty of the heads of Departments, composing the President's cabinet, to wit: the Secretaries of State, of War, of the Navy, of the Treasury, and of the Attorney General of the Republic, to reside permanently at the Seat of Government of the same, unless
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