Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-12-05

ihor'zes aud requires the Governor in ecrain Ger
! urgency, 10 repave II = public m,urys from hos
banks neither fofr9ls tie erHefal PROVISIONS of
II" soa'f fefctfea 10, n, sdes any tea mode b.
wien money my be recelve'lialo paid out e III
4 treasury.
The Whole # or g sing Legislation on hat Sub
lrft cefnpfrfcnde9 Ia tie art passed the Oh %
/ urinary, le29 "prfsefibins tile msda u paving
me public inanics into ard ont Of the treasnrv' b,
me hsi section II dat act, II = provided rhlt III
iheht y dur and pa1 able - tie Commonwealth &c
sliall lie pad into tho Back ol Virginia or Farmers
balk 81 hginia % the manner hereinafter prfseri
oed, dhd yet oblfrlri5e. Tie manner IS then presrf.
bed as Toll ws-Ihe person liable 10 paw Is ffst "a
obtain warrant from the Auditor OF Public 4 C.
counts or The Second Auditor. directing the Ireasuf-
make al orJcr bron the warrant, directing tie rra-
Per eihfcr OF one oftbc Banks 10 receive The same
ne cettheate oil the bunk officer that the money
paid Is Lrsushi 10 tile Treasurer who lien gives a
recent i9r the money. Tbs receipt carried 10
the Andnor, aud he gives $ barge. The second
section ennct That II aby person shall pay any pub
/ lie money "h asocFer TO the Treasurer, otherwise
idb &c cordHg 10 the pfuvs!OHs aforesaid he shall
femain liable theielor as II be bad not pad IL. The
t1fd section provides. that all public moneys shall
he kept ~ the banks. aiott said. IN the name of tie
! 'reasafet OF the Communicable; and the fourth.
that the Treasurer shall have M authority 10 draw
any money standing his credit aforesaid IN either
bank except by his check dawn or warrant issued
/ by one ufthe Auditors.
'fhis law, II will doubtless be fecollected by the
General Assembly, was passed upon great dclibera-
tlon after experience had demonstrated the defect
lveness and insecurity OF ior tie regulations on the
subject, aud was intended to introduce aud establish
an entirely new system III the receipt, saekeeping
aud disbursement Of tie public moneys. IL Is EN-.
phalcally the organic law olthe public Treasury IN
Virginia. and until repealed or moi fled bv the Lee
glsIalnfe, tie only competent authority, IL must be
regarded binding rule Of acton to the public Of
hccts and others concerned.
This lien being tie existing state II the law
let be supposed that II h ad been determined to re-
move the pub l M neys from the banks, under The
eighth section Of the act Of 937, where were they
10 be placed for safe keeping aud due administration!
la the custody Of the Treasurer, the legal aud
sponslbe fiscal officer Of the Commonwealth, would
naturally occur as the ausNri But the Treasurer.
II vii be seen from his letter herewith submitted.
accompanied by the opinion Of the Attorney General.
whose advice he required, would not have consider
ed himself al liberty 10 tke possession Of The public
moneys IN case II their rrmoYal re uardlne his Gus
tody II lhem to be inhibited by the letter aud spun
Of tie law Of ls29, the aiding object and policy oil
winch "eteto place The public money ont offha Gus
tody and beyond the conaol which that officer had
formerly held over them. II any other place Of de-
pos could have been found, the public there
would have been wholly without legal egoard OF
projections for the Treasurer declares, he ''would
consider them IN that case oU NJ the Treasury. How.
too, could public money have been pad iulo or ont
o. 'n's ne" pace OF d postr. such an one had ben
go Az" u, ss"''eu " Tue "'efn"f he IA" Oh
-, II MS "t'n s'en' expressly PFohblS Tue receipt
r. - money ,"'o''e treasury
% ~" III inc manner prevents any P4s'heh'
'o''' 'e,p9 ,'iue ny me llfasuiy' olhftwlse lhan
- '"'eNs u,a"n on Tue oahhs' NO oihfr mode has
W." lf's',iotd of authorised by law, and the Exec
"''I to"" nave pes fOed none without an un"af-
f'"eu assumption oil legislative power. The lc.
i.o'a ol TIE pubic moneys from Tie backs, aud
tue establishment OF anew place OF deposite BY the
Governor, IN thls sfale Of things, must then, have
he'n cntneiy hnga'oly, or have involved as ne
ecs'aly consequences i total stoppage IL the OpCn-
iIons Oh the Treasury, buih toIteeipts aud dis
! bWsemenis.
There are some Of the insupeabe en,banasS-
nenis which ~ auld have attended m attempt in the
present state Of thrngs. To execute tie coullfgcui
authority eyeuto the Governor by the ACT Of 1897.
They brought my mind To the cor, luson, thar Il
general suspension of specie payments bv all e
banks, was not such contingency a. that act cou-
lemrhed. "a, II uwcrr, that he execution Of s pro-
VISIONS VAS mpractcabe, without farther exercise
oi Legislative authority have deemed lhere-
Lone most IN harmony with the constitutional duties
u lhr Executive Department, as well nosl canss
tent with the intentions of the Iepi,lltute and lie
general interests Of the people and the Common
W'aln' l" submit the Whole matter AZ | now do, to
] 'he hchcfAl Assembly 10 be disposed of by Them as
lhey III lhelr WISDOM shall Jadse best loi the cum
mon good.
our attention Is am most fcspeetfullv invited
To the subject of Common Schools The incalCu
liable importance of iudicious system Of popular in
sttucon, to tie best interests of socieiv viii be nv
Justification for pressing il upon YOU so Often In 4
former communication | esied tb,t the MAN nj