The Democratic Whig. [volume] (Columbus, Miss.) 1842-1843, 1843-07-27

\ $50 reeeipa and keep the money Oh me state
whether due or not, are more general ana CON-
nrehersiye in their import, than are the express
sions of my letter, $50 receive all money a'o =
;r..rnreta;ion of the law. OF the State, and also
.hs, nlaced by me, n my letter OF the 18th April
| 1cAa = eorroborated and demonstrated by my
oI;cisl reuuiaition Or the 9th Of May following,
Addressed 10 r. s. Graves. State Treasurer. un>
| der the provisions, and by the directions Of the
7th section Of the act Of this State. accepting the
REIMBURSEMENT of the two per cent fund. ny
this requision, the Treasurer Of the State - re-
ouired to draw on the Treasurer Of the United
cent fund, and informed that in the opinion Of the
Governor, that SUN was necessary to carry into
effect, the provisions Of said act,
The letter of the Socletafy ofihe Treasury of
the United States, under dale Ofthe oath of June,
ls42, Il an additional evidence that he placed the
construction on my letter Of the 18th of April
1912, that then did aud still do.
And my letter in reply thereto, of the Il 9th Au.
gust, 1912, is further evidence Of my constitute
ton Of the State law. and the tue meaning Of my
letter Of the 10Th April, 1912. Had my letter OF
the 10Th Of April, 1912, TO the Secretary of the
| Treasury Of the United States, in reply to his
/ letter to me Of the End day of April 1912, been
aulhority or intended TO authorize the State Trea-
i snrer TO receive the whole of the two per cent
fund. what necessity would there be, or what rea-
/ son could be assigned for me 10 issue on The 9th
day of May thereafter, l842) my formal ana OH
cial reouisition or mandate, under my signature
and the great seal of the State, to the STATE lrea
smrer recurring hlm to draw on the Treasury OF
the United States, for $4,000 ofthe two per
cent. fund? When at the same time, If the posi-
ton Of the comptroller of the United States TIea-
surv he correct, the State Treasurer had PreVi-
ously by authority of my letters oil the 10Th OF
April IS42, full power to receive the whole a.
mount of the first insialllnent of the two per cent
fund. amounting to $l44,2l4 3lOO. Again, il
my letter Of the 18th day of May. 1912, created
the Authority or power contended tor, be assumed
bv the comptroller Of the United States Ireasu-
~, that is, 80 receive all money whether then
due TO the State OF not" or whether the State had
/ assen;ed to, or dssened from, receiving posses.
sion Of the same, and that therefore. IT was full
i authority for the Treasurer of the United States
to pay over. and for the Treasurer oil this State
10 receive the two per cent fund; and u 1t was SO
understood by the Secretary of the CElted olalos
Treasury, why did he on the Oath day o. June
1912, long after the receipt of my letter OF inc
/ 18th of April, 1912, request that al would put
the United States Trearury Department in pos
session at an early day, Of the eUidence OF APP
! pointment Of such agent or agents as may have
been designated to receive the portion of the pro-
ceeds of the sales Of public lands, accrung TO
the State of Mississippi, under the provisions OF
/ the act of Congress Of the 4th September, lS4l?
| the Identical act Under, and by virtue of which
the two per cent. fund accrued to the State. And
ri so construed the law of the State, and my let
ter OF the 10Th of April 1912, why did | not sim
| ply refer the Secretary of the Treasury of the
United States 10 my letter Of the 10Th of April,
lS42, for the evidence of the appointment OF
| agents designated 10 receive that fund accruing
10 the otate instead Of taking the trouble my
SELL on the 18th day Of August, 1912, of writing
long letter to the Secretary Of the Treasury Of
the United States informing him that the Legislature
had acted on the subject by resolution (Which copied
INTO the lete)and had viewed the distribution SUBJ
say unworthy OF acceptance by sovereign State and
nao refused to appoint any agent to receive any portion
tnereo IN behalf of this State, and informing HIM Also
that as the Executive of the State should not appoint
any agent or agents to receive in behalf OF this state
any part or portion of the nett proceeds OF the sales Of
the public lands which might be allowed to- or set apart
lor tins State under the provisions of the Ord section
OF SAID act of Congress- and by additionally enclo
aure of the year 1872 which included the entire &C
ton of the Legislature fthe State the subject of the
two per fund the dstrbutive share ofthe
the sales of the public lands and indeed the whole
subject of the act of Congress, approved September
4th. 1S41. All ofthe evidences before the Trea
sury Department of the United States long before the
Tune at which the two per cent fund paid over to
Graves by the Hon. Walter Forward, then Secretary
OF the Treasury OF the United States Besides this.
II any statement or assertion Of Richard S. Graves
relating to the receipt Of the two per cent fund.- should
be considered evidence of any fact (upon which
cannot nsst) statement appended to his report made
to me on the 3lst day of February ast) 1912 shevs
that The laws of this State were by him laid before the
treasury Department of the United States and that
4 the Department from the law of the State indenen
dent OF my letter of the 10Th of April 1912 or NV re-
cushion OF the 9th of May 1872 Cecded and deter
mined to pay, and cid pay the two per cent fund
70 sald Grayes Il is probable that the requiston of
the 9TH OF May, 1912 never exhibited to the Sec
rotary OF the United States Treasury as t has recent
ly been found in the State Treasury in the same con-
dlton as when delivered to Graves.
Upon full view Of the whole subject am OF opin-
ION that in law, justice and good faith much of .ho
payment OF the two cent. fund exceeds the sum
of $4,000 required by the law of the State and the
requston Of the Governor issued UNDER and by virtue
Of such law, on the 9th Of May, 1912, made by the
Secretary ofthe Treasury fthe United States should
De considered as paid without authority, in his own
wrong, and at the risk of the United States Alone
sent session, the passage of law providing for and
requiring, that the $4,000 Of the Treasury notes d
the United States IN the Treasury of this State
except 80 much thereof may be considered the un
expended portion Of the 910O0O of the two per cent
fund.- be returned offered and rendered to the Trea
suy OF the United Sates and that the state insist mon
and require the payment of the whole amount of the
two per cent funds, which has, or may hereafter
accrue to this State, excepting said sum Of $1,000
This 10 certainly just, inasmuch the State has been
vgant to provide against loss and this loss has acclu
ed by the act of the Secretary of the United States
Treasury, with full knowledge of the laws Of the
State upon this subject.
also recommend that the law defining the duties d
hn AZ