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

making On aggregate Of both funds Of the sum
Of S30,6I4 9S. Instead Of drawing for this
sum, as | consider be could lawfully DO. be re-
ceived the entire amount Of the three per cent
fund, and Sl44,2l4 34sl00 Of tho Two per cent
fund, making the aggregate Of both funds ioRelh-
er the sum Of Sl65,O79 3l.l00, BY means Of
which, he received an excess, or an amount be-
yond what he had the authority Of the State 10
receive, Of Sl34,2l4 $500.
/ consider that the Secretary Of The Treasury
OF the United Slates the Hon. Waller Forward,
paid this excess $le4,2l4 33.l0O, not only with
out the authority ofths State, but 10 direct viola,
lion Of the will Of the State, as made known BY
the provisions Of the 7th section Of the act Of the
Legislature Of the Stale, accepting the act Of
Congress, reliDquishing the two per cent fund to
the State, and therefore in his own wrong, and al
the risk Of the United States: Besides, the pay.
menl Of these funds, instead Of being made 70 /
SAID Graves in money, was made in United States |
Treasury notes, and these notes were made pay |
able at future day with interest, 10 r S Grapes |
IN has individual capacity, and not to this State,
nor even to said Graves, as Treasurer Of this |
State, by this means, said notes purpOh, on their
lace, 10 be the private property Of r. S. Graves,
instead of the property Of the Stale. The Uni. |
ted States Treasury notes, amounting to S92,- |
600, except a small portion thereof, say between
$4,000 or 5000 which are endorsed in blank !
by said Graves, cannot, as | suppose, be legally
used or negotiated by the State. As 10 the So. !
749 6s.l0O in foreign gold, by me received Of
Mrs. Graves, am unable to say whether it is the
private properly Of said Graves, or the funds Of
the State, received by said Graves in payment Of
State Taxes, or the proceeds Of a portion Of the
United States Treasury notes, received by said |
Graves on account Of the three per celt fund |
and unlawlully exchanged Tor the same, or whe.
Their il is the proceeds Of portion Of the United
States Treasury notes, received by said Graves |
on account Of the two per cent fund, and unlaw>
fully exchanged for the same. Il is most prob
able, however, that this gold is the proceeds Of
portion of the United States Treasury notes, re- |
ceived by said Graves, either on account Of the |
two or three per cent fund, but Of which I am
unable to say, am aware that the Comptroller |
Of the Treasury Of the United States has insisted
that the excess Of Sl34, 2l4 33~l00 Of the two |
per cent fund was paid over to said Graves, by |
authority Of a letter addressed by me 10 The Sec |
retay Of the Treasury Of the United States oil
the 10Th day Of April, 1912, in reply to informa.
ton sought aud enquiry made or ,as ~ n letter
Of the Secretary Of the United States Treasury,
dated April I'd 1912, and that the present Secre.
entertained the same opinion; yet / apprehend
that no person, who will impartally examine the
subject and the whole Of the correspondence
which took place between myself and tho Sscree
lary OF the United States Treasury, long before
the money or treasury notes were paid by the
United States Treasurer 10 said Graves, will, for
an instant, sustain the position Of the Comptroller
Of The United States Treasury. The letter Of
| C,orafa..s n tho Vr,ueur,g ,f ~, .f
1912, requests that will inform him "who is tbe
proper person authorised By the Legislature of
the Stale Of Mississippi 10 receive the amount
that may Be paid on account Of The three per
cent fundl'' Il asks information simply as to tho
Law Of the State relating 10 The three per cent
/ fund, and the lawful power OF the State Treasur.
CT as 10 that fund, Il does not ask the Governor
10 empower any person to receive this fund.-
My reply OF the lslh of April 1912, is respon,
sive thereto and informs the Secretary what
then, and still believe, to be the law of the State
1 in relation 10 the three per cent fund, that the
Treasurer Of the State is "duly authorised" not
by the Executive, but by tho laws Of the State,
ITO rsceiUe all monies due TO hs Stale Of Mis-
sissippi," adding what then believed, and still
believe, TO be the general legal power oftbe Tres-
surer the words, "aS weu from the three per
GGfA YuNltt Us ffVth aAt utitN eeNaNeet uAN NNHe
cuded by informing the Secretary, that i was
formerly the duty Of the Governor 10 receive this
three per cent fund, but by subsequent legislation
this duty deyOlVed on tho Treasurer Of the State.
This reply Of ITSELF gave no power or authors
" 10 The State Treasurer; nor was il so intended.
Il stated simply the Law, which vas that the
State Treasurer was authorized by law, to re-
ceive the three per cent fund, and al money due
b L. -. ~.
i Treasury Of the State. insist that this inior-
nation was strictly 10 accordance with the law Of
the State on the subject TO which il related. If
the Treasurer Of this State is not authorized by
the law Of The State, 10 receive the three per cent
fund, If he IS not the proper person to receive all
money due 70 the State, then ! am unable to ar.
rive at the meaning Of the words Of the act.
n The enquiry was as to the power and authority
created BY the LegiSlaiurs, not BY the Executive
Of the State. ! was moi requested By lhe letter
, Of the Secretary 10 empower or aulhOrise any
person 10 receive this fund.- nor did pretend to do
SO. Should any one consider this letter The Gre
! alton Of an authority, what was the extent and
. limit Of such aulhOriiyi This Is to be deduced
from, and limited BY the language used. The
language Of my lettei is, ''ihal the State Treas
) ureT IS i'dulv authorised" 10 receive al money
due to the State" then duel Was any part Of
: portion Of the two per cent fund then 18Th April
: ls42) due9 The frsl instalmept Of that fund
: was by the act Of Congress, made payable on The
e FIRST day Of May ls4e, and consequently, wa
f due the State until thar time arrived there Wal
nothing due the State from the two per cent fund
It al The time that this letter was written. Thl
# State had accepted the act relinqushiug tina
Il fund.- but had not agreed TO receive the possession
e thereof o. the contrary, il had stipulated d
s receive into the Treasury only limited amount
e sufficient 10 pay the Typographical Engineer 70
IF bis services, ind no m0rr BY The words ~
u more" the Legislature bad expressly (ss "a