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

&c. n lie public funds by public officers. shall
Be- a1Hended also recommend that the law proVions
tint t5 Gosno snsll me onIu + + the
duty ofthe Treasurer in the vacation Of the Legsla
turn nc any and &C all times when therenno required
hy the Executive to permit the Executive g
ana hs oce g nave ui view ao ang every thing
which belongs 70 the State constituting .ns ai
either to furnish such statement or 70 permit suCn
superintendent view, examination, al
embezzement Of the public funds, retaining however.
the right as at present. for the Executive 20 oruer sun
on the Treasnrers bond for any breach OF tne conol
| tons thereof
The conduct ofthe late State Treasurer, has neces-
sarly caused me TO reflect seriously, as to the pest
mode to protect the effects of the State from msapP
cation and embezzlement. know OF no egai leans
which now exist. by which the effects OF the state can
be taken from the custody OF the state treasurer GA
cent hv his impeachment. The creation OF such
power as am inclined to THINK Woulo I'D eneCs De d
nuing the Office of State Treasurer, nor 90 KNOW %
any other mode by which the Sfa1e treasurer gan m
legally removed from office. 1t is. however, possloe'
athough entertain great doubts OF the power under
the Constitution, that the legislature may pass law
authorizing the Executive to suspend the State Irea-
surer from his Office for the commission, or upon the
ernrohenoon of the commission of the crime OF embez
zIemenf or any other crime Of offence by which the
safety ofthe effects of the State would De endangered
seriously doubt whether such enactment or inc ex-
ercse of such power would De IN cohmce Will tue
Constitution ofthe State.
The 10th section of the 9th article OF the ConstItu
ton provides that "a State Treasurer and Auditor OF
public Accounts shall be elected by the qualified cleo
tors of the State oho shall hold their Offices for the term
of too gears unless sooner removed" The first section
of the 9Th provides that "he House of Representatives
shall have the sole power of mpeAching" The second
section of the same article provides hat all mpeach-
ments shall be tried by the Senate and the third sec
ton of the same article provides that "the Governor
and all civil officers shall be liable to impeachment Tor
anv misdemeanor i'll Office, but that judgment in such
cases shall not extend further than to remove fromof
fee and disqualification to hold any Office of honor
trust, or profit under the State"
The Office of State Treasurer Is civil office. The
Constitution has prescribed only orc mode by which
/ the incumbent of this Office be removed. and that
is by impeachment. 1t has also prescribed the I'M
/ peachng power-the House of Representatives
the tribunal, the Senate TO try such impeachment
Although the State Treasurer an executive officer,
or in other words an officer in the Executive depart
men of the State government yet his ONCE created
by the constitution; is filled 6J The popular voice. ana
10 therefore an Office independent OF the Executive
only dependent the constitution for its tenure The
constitution silent the subject OF suspendng the
State Treasurer from Office In the absence OF pro-
vision in the constitution to suspend the State treasu
rer from Office, the Legislature enact laws UNDER
the constitution TO suspend him from Office Tor either
limited or indefinite period Of time The question Is,
| when the constitution provides for and Prescrbes
remedy mode oproceedlng, does thereby EXCLUDE
auy other or does not the remedy mode o. proceed
inc prescribed by The constitution against public ofl
car for instance, that of impeachment protect such
office from any other mode OF proceeding! III does
not the Legislature may enact law auhorlzng the
overnor of ,h State to be suspended from office, as
vii 40 the State Tr sllrer; they both hold their Offices
by the same tenure, ana are SUBJECT 10 De removed
from Office by impeachment. Jhese are qVeStons' III
relation to which, am bound TO adot tnaG entertain
serious doubts. Although am not aIsneo mat the
Legislature cannot enact law to suspend al oncee
who is subject to impeachment from the functIoI ol
his Office, would have preferred that tho constitution
had authorized the suspension OF such officers Great
inconvenience and embarrassment might occur on the
susnension of an executive officer.
notwithstanding the doubts which entertain on
this subject there is at least one legislative precedent
for the passage ofssuch law. The act, entuled IAN
act define certain duties of the Governor and TO es
tabsh his salary, approved February I'd, 1883, pro-
ydes tha in addition to the powers vested IN the gov
ernor by the revised constitution ne snail nave power
tn remove from Office any State county officer, for
the causes and under the restrictions provided IN the
act: that is to say where the securities or either of
them, of such officer has removed from the State
] become insovent. Ifthe Legislature can enact law
empowering the Governor 10 remove the State Treas
urer from Office and to vacate his commission for fail
i ing to give bond when the former bond has be-
insufficient by the removal insolvency of one
of the securities to such bond it certainly can
provide for the removal of an unithf officer who is
guilty of embezzng the effects ofthe State / doubt
ed the power OF the Legislature to enact the law to
which have referred legislative precedent at the
time was passed. and vel entertain the same doubts
submits however, the question to the consideration of
your better judgment
In connection with the subject of the revenue. per-
Sinking Fund.- created under the provisions of the char
ter OF the Planters Bank and the stock and effects of
the Mississippi Rail Road Company. 1t cannot beue-
MED that the treasury the State is amentaby embar
rassed On the first day of January, 1885, as appears
y the reports OF the State Treasurer up that date
there was surplus balance of cash in the Treasury
amounting to $279,613,Sl ID not including as I'M
derstand, either the effects of the Sinking Fund, the
Seminary Lend Fund, the Jackson city 10. notes.
Besides this balance, and the Sinking Fund in the Plan
tiers Bank the Seminary Land notes. and the Jackson
city lot notes. the State held stock in the Planters
Bank to at least $2O0OO0O which stock had prior to
that time, yielded to the State dividend of ten per
| cent. or 100000 per annum. When came into of
fee, the scene was lamentably changed notwithstand
ing the population Of the State had been burthened
with the payment Off heavy tax for each year prior to
that period. What the condition of the State
Treasury when came INTO Office On the 10th day
OF January 1872 The report the State Treasurer, as
made 10 the Legislature shews balance in the Treas
ury, on the 3Oth of November, of 1902 955 95 ~
consisting ofthe Attorney Generals receipts for claims
on the Brandon and other broken banks for the sum
OF $2SS,IU2 The notes Of the insolvent Miss. r. r
Company. $63O3t the notes ofthe Mississippi Union
Bank, $1,000; the notes of the fernando Rail Road
Company, $50; Jackson corporation tickets RI 90 D.
and specie the of 81 cents! These funds are not
in my estimation. ntrnsicaly worth five per cent ON
their amount.
tound at the same time, immense liability nrt,s
sing on the Treasury in the shape of out standing and
funded Audors's warrants ranging in amount fron,
one bali to three Ourths of million ofolars and thai
instead OF the State beng the owner of 42OCOOO0 a.
STOCK IN The Planters Bank, yielding dividend annual
" Oh two hundred thousand dollars that this stor h.d
been transferred to the Mississinni Rail Pool fs