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

expression used IN tne general law Of lno 1lAteI
80 recoiFa and keep The money Of he STATE"
whether due or not, are more general and con-
pFehensive in their import, than are the expires
sions Of my letter, $50 receive al money dHs 20
he State" Ths, this was the construction and
interpretation Of the law Of the State, and also
that placed By me, u my letter Of The 18th April
le42, Is corobornied and demonstrated BY my
Official reQusilion Of the 9th Of MAY following
addressed to r. s. Graves, Siste Treasurer, un-
der he provisions. and BY the directions Of the
Th section Of the act Of this Stale, accepting The
REIMBURSEMENT Of the two per cent fund. By
this requision, The Treasurer Of The State Is re.
ouired 10 draw on The Treasurer Of the United
States for the sum Of $4,000 Of the two pei
cent fund, and informed that ia the opinion Of the
Governor, that SUN was necessary to carry into
effect. The provisions Of said act.
The letter Of he Secretary oflhe Treasury Of
the United States, under date Of the oath Of June,
ls42, Is an additional evidence chat he placed The
construction on my letter Of the 18th Of April
1912, that ! then did aud still do
And my letter 10 reply thereto, Of the l9Ih Au'
gust, 1912, is a further evidence Of my cOnsiuc-
Ton Of the State law, and the tue meaning Of my
letter Of the 10Th April, 1912. Had my letter Of
tbe l9ih OF April, ls42, 10 the Secretary Of the
Treasury Of the United States, in reply 10 bis
letter 10 me Of the 2nd day Of April 1912, been
authority or intended 10 authorize tia Stale Tfea
surer 10 receive The whole Of the two per cent
fund, what necessity would there be, or what foa-
son could be assigned for me 10 issue ou The oh
day OF May thereafter lS42) my formal and ofi~
cial requisiton or mandate, under my signature
and tho gIeut seal Of the Stale, to the State Trea-
surer, requiring HIM to draw OF the Treasury Of
the United States, for $4,000 Oft tho two per
cent. iundl When at the same time, If the posi-.
ton Of the comptroller Of the United States Tea.
sury be correct, the State Treasurer had previ.
Ously by authority Of my letters Of tho 10Th Of
April, 1912, full power 10 receive the whole a.
mount the first insiallment Of the two per cent
fund, amounting TO $l44,2l4 $500. Again, i
my letter Of the 9th day Of May, ls42, created
tho authority or power contended for, be assumed
by the comptroller Of the United States Treasu-
~, that is, so receive all money whether then
due TO the Stale Of not" or whether the State had
assened to, OF dissented from, receiving posses.
sion Of the same, and that therefore, II was full
authority for the Treasurer Of the United States
to pay over, and for the Treasurer Of this State
10 receive the two per cent. fund; and d il was so
understood by The Secretary Of the United Suites
Treasury, why did he on the Oath day Of June,
1912, long after the receipt of my letter Of the
18th of April, 1919, request that al would put
the United States Trearuty Department in pos
session at an early day, OF the evidence Of Gp-
pOihtment Of such agent or agents as may have
been designated to receive the portion Of the pro-
oeeds Of the sales Of public lands, accruing TO
the State Of Mississippi, under the provisions Of
the act Of Congress Of The 4th September, ls4li
the Identical act Under, and by virtue of which
the two per cent fund accrued to the state And
&C so construed the law Of the State, and my let
Ter Of the l9lh Of April, ls42. why did | not sim
ply refer the Secretary Of the Treasury Of the
United States 10 my letter Of the 10Th Of April,
1912, for tho evidence Of the appointment Of
agents designated 10 receive thai fund aecrung
to The State, instead taxing The trouble on 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 letler)and had viewed the distribution sub
sidy unworthy Of acceptance by sovereign State and
bad refused 10 appoint any agent to receive any portion
thereof in behalf Of this State and informing HIM also
that the Executive Of the State should not appoint
any agent or agents to receive in behalf Of this State
any part portion Of the nett proceeds of the sales Of
the public lands which might be allowed to- set apart
for this State under the provisions Of the 3rd section
Of said act Of Congress, and BY additionally enco-
sing with the same letter, copy Of the acts ofhe legs
ature of the year 1912 which included the entire &C
ton ofthe Legislature ofthe State the subject Of The
two per cent fund the dsributve share ofhe proceeds
Of the sales Of the public lands and indeed the whole
subject Of the act Of Congress- approved September
4th, lS4l. All othe evidences we're before the Trea-
sury Department Of the United Saies long before the
Il Al - -
Graves by the Hon. Walter Forward, then Secretary
Of the Treasury OF the United States. Besides this,
Il any statement or assertion Of Richard S. Graves
relating to the receipt of the two per cont fund.- should
be considered as evidence Of any fact upon which
cannot nsst statement appended to his report made
to me on the 3lst day Of February (asD 1872 sheWs
that ;he laws Of this State were by him laid before the
Treasury Department Of the United States, and that
the Department from the law Of The State indepen.
dent Of my letter Of the 10Th Of April l942 or my re-
QUESTION Of the 9th Of May, 1912, decided and deter
mined to pay, and did pay over the two per cent fund
70 said Grayes Il is probable that the requisiton Of
the 9th Of May 1912 never was exhibited to the Sec
Rotary OF the United States Treasury, has recent
been found in the State Treasury, in the same con-
dition as when delivered to Graves
Upon full view Of the whole subject, am OF opn-
ion that in law, ustica and good faith, much Of Tho
payment Of the two per cont. fund as exceeds the sum
Of sl00OO AZ required BY the law fha State and The
requstion Of the Governor issued UNDER and by virtue
Of such law, on the 9th Of May, 1912, made BY the
Secretary ofthe Treasury the United States should
be considered as paid without authority, IN his own
wrong, and at the rsk Of the United States alone.
therefore, recommend to the Legislature at the pre-
sent session, the passage Of law providing for and
requiring, that the $4,000 Of the Treasury notes Of
the United States now in the Treasury Of this State
Except 70 much thereof as may be considered the
expended portion Of The $4,000 Of the two per cent
fund be returned or offered and rendered to the Trea-
uFy Of the United Slaes and that the slate insist upon
and require the payment Of the whole amount Of The
two per cent funds, which now has, may hereafter
accrue to this State excepting said sum Of $1,000
This Is certainly just inasmuch as the State has been
vgiant 10 provide against loss and this loss has accu-
ed BY the act Of tho Secretary Of the United States
Treasury, with q full knowledge Of the laws Of the
State upon this subject
also recommend that the law defining the duties Of