The Writings of Sam Houston, Volume III

136

WRITINGS OF SAM HOUSTON, 1842

He was first elected to the Kentucky House of Representatives from Knox County in 1810, and held the office almost continuously until 1817. During the War of 1812 he took an active part, and was elevated to the rank of Colonel. In 1819 he was president of the bank at Barbourville, although he was not an advocate of the banking system. Later he served as circuit judge in Kentucky for a· number of years. In the presidential campaign of 1832, Eve was elected a presidential elector for Kentucky on the National Republican ticket, and cast his vote for Henry Clay; in the two succeeding presidential campaigns he was active in behalf of the Whig cause. After the election of William H. Harrison in 1840, Eve was rewarded for his political activities by being appointed charge d'affafres to the Republic of Texas. This appointment was very acceptable, because he had fallen heavily into debt-not because of his own extravagance or bad dealings, but because he had endorsed too much paper for friends, and had become liable for their debts. He had already paid out over $25,000 for his friends, and still owed more than $8,000 of debts incurred in the same way. Hard pressed by his creditors, on January 1, 1843, he gav-e four drafts in anticipation of his salary, with the distinct understanding that they shou1d not be presented to the United States Treasury for payment before they were due; but through some sort of misunderstanding, or infidelity on the part of associates, these drafts were presented to the State Department for acceptance. One was paid; the others were protested. The matter created a controversy. Eve had violated his private instructions which prevented a diplomatic official from drawing his salary before it was due, since such procedure would serve as a moral check upon the President's power of removal. The consequence of this error was that on April 3, 1843, Eve was recalled by President Tyler, · and General William S. Murphy was appointed as his successor. He died at Galveston, June 16, 1843. See John M. Nance, Letter Book of Joseph Eve in The Soutkweste1-n Historical Quar- te1·ly, XLIII, 196-221, etc. James D. Lynch, Benck and B~1· of Texas. Garrison (ed.), Diplomatic Correspondence of the Republic of Texas (3 vols.) passim. The Telegraph, and Texas Register, June 20, 1843. To WILLIAM G. CRUMP, ACTING SECRETARY OF THE TREASURY 1 Executive Department, City of Houston, 30th July, 1842. W. G. Crump, Esqr., Acting Secretary of the Treasury Sir, Should any mandamus be issue by any Judge to the col- lector at Galveston, he will of course pay no regard to it. The constitution and laws, have in no instance given power, to any one, of the three coordinate Departments of Government; to con- trol either of the others. The Treasury Department is a branch of and belongs to the Executive. Therefore, the Judiciary can have no power to interfere in matters, where it is not expressly given by the Constitution. I will admit of no interference with the rights, and powers of the Executive.

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