Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1840-06-05

because he was not aware oil that TACT.
The commissioners he considered solely
blameablo.
Mr.. S. +. Gardner thought the argu-
ment of Judge Pitman not very sound,
as the Treasurer he contendcd was
limited in his authority, and ought not
to give assent by any act Of his to the
justncss of orders upon the town, which
were drawn by individuals who had no
authority to draw them.
Mr.. King did not consider the Trea-
surer had transcribed his duties, mas
much as he had acted strictly in con-
formity to vote Of the town. The
town he did not consider liable to pay
the orders he had endorsed, any more
than if they were not endorsed by the
Treasurer. What he had done was
merely to note the time Of their pre-
sentiment, which in his view did not
make the town liable, unless they sub
sequently chose to make themselves so.
Mr.. Engs differed from Mr.. King, ms
he thought the Treasurer ought, as a
proper carc-taker of the funds of the
town, to ascertain how far his authority
extends, and pay no more from the
Treasury than the town had appropria-
ted, or authorized.
DR.. Dunn remarked that the fact of
the Treasurer's noting the day Of the
presentment Of the orders which he
could not then liquidote, was proof that
he would have paid them at the time
had he been in funds.
The Moderator stated that the Trea-
surcr wished him to say that in relation
to his office he had endeavored to dis
charge its duties faithfully and consci-
cntiously-and believed he had done
so--that he had not nor never should
pay any draft on the Treasury beyond
amy specific appropriation, and that
after the vote of the town was passed
directing him to note the day of pre-
sentiment Of all orders drawn upon the
Treasury, and which could not be paid
for want of funds, he did not feel him
sclfat liberty to refuse to do what was
required by that vote viz:-to note the
day Of presentment on all orders drawn
by proper officers of the town in ihs
regular discharge of their official du-
ties. The Treasurer, the Moderator
stated, had taken proper advice in re-
lation to his duty under that vote, and
the advice he received corresponding
with his own judgment, he therefore
acted accordingly. The orders so noted
by him amounting to some 8 or 900
dollars were drawn by the Street Com
missioners, gentlemen Of known and
established character, anxious to do
their duty and no more than their duty,
and if he had known the fact, which
he did not, that the Commissioners in
the prosecution ofthcir duties had drawn
orders beyond the amount appropriated
by the town, he should not even then
have felt himself at liberty to refuse to
note the day of presentmem of such Or
dcrs. This official act, said the Mode
rator, the mere noting on any order the
day of prssentment for payment, did
not either make said order better or
worsc-it established simply the fact Of
,chem such order was presented for pay
ment. If the order was good, it would
of course draw interest from the day Of
presentment, if not, then the noting Of
the Treasurer is utterly useless and of
no effect.
Mr.: Ennis read the vote of the town
requiring the Treasurer to make a
memorandum on the orders, sc. and
said that no mortal man could contend
that the Treasurer could discriminate,
or refuse to do as he had done, under a
vote which compelled him to mark the
time Of prcsentment Of all orders which
he could not pay. He agreed fully
with Mr.. King, that the Treasurer had
done no more than his duty.
Mr.. Engs was desirous of ascertain
ing what was proper town order, and
thought that matter ought to be settled
but before any thing further was done,
a motion was made and carried to pro-
ceed in the election Of Treasurer.
The following persons were then
nominated for the office Of Treasurer
George Freeborn, Abraham ID. Tilley,
John Sterne and Charles Gyles.
The vote being taken, resulted as
follows
L. cvoto. QDG nc ,vh ic n