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WRITINGS OF 5AM HOUSTON, 1860
absent on leave of the President, and in conformity with the Constitution and the Laws; to conform to and execute the in- structions of the President, whether general or particular, and to give respectively, and collectively such needful aid and counsel whenever required so to do by the Chief Magistrate of the Repub- lic, as may be requisite to affirm wholesome and harmonious ad- ministration of the Government." 2 I am not aware that any provision of the State Constitution, or any law, has changed the spirit, or the letter of the relations which the officers of the Ex- ecutive Department bore to its head under the Republic, and the quotation referred to under the head of Comptroller, shows clearly what the powers of the Executive are, and that it is the duty of the subordinates to obey his instructions, "whether gen- eral, or particula·r." That the Comptroller is an officer of the Executive Department, I presume no one will deny, and if an officer, he is necessarily subordinate to the head and subject therefore to his directory and advisory control. The difference of their position is very manifest. One is required to obey the laws; whilst it is the duty of the other to see that the laws are executed, and when the mode of executing the laws is not pointed out, the power to do it is incidental to the duty, and that duty my oath requires me to per- form. For the promotion of the public good I should greatly prefer that it were done harmoniously, but I am determined that so far as I regard my duties, I shall exercise them in discharging the trust which has been confided to me in upholding the govern- ment, executing the laws and maintaining the interest of the State. I wish to exercise no power which is incompatible with the spirit of the Constitution and that is not calculated to sub- serve the interest of the community who have confided the ad- ministration of the Government into my hands. I will send you, in a day or so, a form of the interest warrants required by law to be issued, and I shall expect my instructions to be followed. Sam Houston [Rubric] 1 Comvfrollers' Lette1·s; also Executive Reco,·ds, 1859-1861, Texas State Library; and in State Gazette-Extra [no date given]. The State Gazette prints Houston's letter and Johns's reply, under the heading "The Arbi- trary Interference of Governor Houston to get Executive Control of the State Government." :!Gammel's Laws of Texas, I, 1137.
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