WRITINGS OF 5AM HOUSTON, 1860
68
the Executive can see no necessity for continuing the detachments in the field for which the entire absence of Indians from the settlements is an abundant excuse. The Executive desires that no injustice be done to any of the men composing the different detachments. You will therefore, muster Lieutenant Wood's entire command out of the service. You will make the best disposition of the property of which you write that you may be able, and report the same to this Department. Sam Houston.
1 Executive Records, 1859-1861, p. 169, Texas State Library.
To CLEMENT R. JoHNs 1 Executive Department, Austin, May 29, 1860.
Hon. Clement R. Johns, Comptroller Sir: Your letter of today has been received, and from it I learn that there is no money in the Treasury to meet the demands of the troops recently employed in the Cortinas War, and that you consider my order of the 22nd to issue scrip as "unauthorized, unnecessary, and impolitic," referring to your expression in a former letter. You then said, "and a form is proposed that in the judgment of this office, is more consistent with law and duty and better calculated to serve the objects and interests in view." The object in view is to pay the troops an equivalent for their services as allowed by law. "The Comptroller respectfully declines to obey the dictation of any other man than his own judgment." As there is no umpire to decide between us, and as you, an Execu- tive officer, ~ecline to follow the law,ful directions of the Governor, who is required to see the laws executed, and whom the Constitu- tion presupposes to be the most competent person to decide upon this validity, the troops who have served the Country must not be deprived of the just recompense for their services. You propose that the Governor will direct your office to issue debt certificates according to the Act of February 3rd last. That duty will be promptly performed. Now if you have the right, by law, to promise that the interest shall be paid at some future day, but not at the time the principal is paid, I can find no authority for the decision. You are aware that the money must depreciate in the market and fall to some sixty or seventy cents on the dollar, for you say
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