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WRITINGS OF 5AM HOUSTON, 1822-1841
Previous to General Houston's issuing the order, a copy of which we publish below, for carrying out the law making appro- priations for the payment of the judges, it was generally sup- posed that the judiciary department of the Government would have been deranged and its action stopped in consequence of the Judges refusing to continue the discharge of their official duties until such time as their arrears of salary had been paid. In this they would have been justified when we consider the treatment they have received at the hands of Congress. Instead of the express provision of the 1st Sec. Art. 4 of the Constitution being carried out, and the exception in the law of 19th Jan., 1839, being regarded, we find Congress annually intermeddling with the sal- aries of the Judges, diminishing them at pleasure, regardless of their oaths to maintain the Constitution sacred and inviolate. Such a course is too well calculated to destroy the independence of the Judiciary and to bring the whole government into con- tempt. Last Congress passed a law allowing the Secretary of the Treasury to pay the Judges one thousan.d dollars in par funds, and it was for the purpose of fullfilling the law and preventing a "strike" among the Judges that Houston issued the order. If Congress did not intend the Judges to be paid in par funds, or the equivalent thereof, why pass the law they did? Was it intended to remain on the statute books, inoperative and void, as a mere show of liberality, or was it intended to be a law of the land in full force and effect? If the former, poor, pitiful, and deceitful must that Congress be that passed it - if the latter, then Hous- ton has done no more than his duty in carrying it into effect. Had he not done so, he would have been justly censurable for any delay and injury which might have accrued from the closing of our halls of justice. If Congress should blame Houston for carrying into execution the spirit and intent of the law of February 5th, 1841, they may rest assured that the people will not only blame them for uncalled for interference with the Executive's rights, but at the ballot box they will express their disapprobation in yet stronger terms. "The Comptroller will allow in this case, or the case of the Judges, at least, the amount of one half of a $1,000, at six for one. This course has been pursued to the amount of hundreds of thousands of dollars, issued and paid out contrary to law and without any appropriation of Congress. The present Congress has sanctioned the course pursued by the late Executive." Sam Houston
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