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

i recummend that TIE lal aeiat8 ta- ttnle q 81
bezskm ant o he public funds By pubic qncefs, slai
he ararled. also recommend that The law providing
ihsf ~ Governor shan npefuiend the once u The
sac rssnref shall Sc amended % as b make u me
autv oftho Treasurer IN the vacation Of The Legsa.
i.rs "a onv ana Al al times when thereunio required
~ ths Fxecrtige 10 permit the Executive % aupern-
lend be oce, to have iu view and inspection o. ne
hooks uapers, stock money, effects and every uiing
vhicb beloues 10 ths State constituting The failure,
sibe- n fufnsh such statement or 70 permit such
snperinieudance viea examination ofnspectioni san
sr5begleout Of the public funds retaining however,
he obt AZ Al presen for The Executive 20 order SUIT
on the Treasurers bond for aEy breach Of The eond
tons thereof
sarv caused me to reflect seriously, aa to the best
mode 10 protect the effects Of the State rom msappi-
cation and embezzoment. I know Of no legal means
which now exist by which the effects OF the state can
be akep from The custody Of the State Treasurer ex
cent by his impeachment The creation o. such .
power a. am inclined TO think, would IN effect be an
nnng the Office Of State Treasurer, nor % know o.
any other mode BY which the State Treasurer can be
legally removed from Office Il is however, possible
albo1oh entertain great doubts Of the power under
M Constitution that the legislature may pass law
snbor,zin the Executive 10 suspend the State Trea-
sufer from bis Office for the commission, or upon the
apprebenson ofthe commission, Of the CRIME Of embez
giemepf or any other crime Of offence BY which the
safety ofthe effects Of the State would be endangered
seriously doubt whether such enactment or the ex-
ercise Of such power would DO in conflict with the
/ Constitution ofthe State
Tie 2Otb section Of the 5th article Of the Consttu
ton provides that "a State Treasurer and Auditor OF
Public Accounts shall be elected by the qualified cleo
tors Of the State. hO shall hold her eesSor me term
Tina segrs unless sooner remoUed" The first section
Of the Oh provides that he House Of Representatives
shal have the sole power Of impeachng." The second
section ofthe same article provides shat almpeach-
mons shal be tried BY the Senate and the third sec
ton Of tho same article provides that "ihe Governor
and al civil officers shall be liable to impeachment Tor
j anv msdemeanor ia Office but that judgment 10 such
cases shall not extend further than 10 remove rom Of
fee, and disqualification TO hold any ONCE Of honor,
trust or profit under the State" 49,
The Office Of State Treasurer is a civil oihce. The
Constitution has prescribed only ore mode by winch
The incumbent Of this Office can be removed, and that
is by impeachment. It has also prescribed the i'm
peaching power-the House Of Representatives-and
Inc tribunal the Senate, 20 try such impeachment
Although the State Treasurer Is an executive officer,
or in other words an officer in the Executive depart.
ent of the State government yet his Office is created
nv the constitutions il is FILED By The popular voice. and
IS therefore an Office Independent Of the Executive
only dependent on the constitution for ITS tenure. Inc
constitution silent the subject OF susDendng the
State Treasurer from Office. 10 the absence Of pro-
vision in the constitution to suspend the State Treasu-
rer from Office, can the Legislature enact laws under
the constitution 10 suspend him from office iof either
Limited or indefinite period Of time The question is,
when the constitution nruvides for and prescrbes a
remedy or mode ofproceeding does thereby exclude
any other or does not the remedy or mode proceed
ing prescribed by The constitution against public ON.
Ger for instance, that Of impeachment project sush
ore- from any other mode Of proceeding! II II does
NOT he LEGISLATURE may enact law authorizing the
overpor Of lbe State to be suspended rom Office as
veil as Inc State Tres surer; they both hold their Offices
nv me- same tenure. ana are subject to be removed
from Office by impeachment. These arc questons, IN
relation to which, am bound TO adh2t 'hat entertain
serious doubts. Although am not satssled ulaI the
Legislature cannot enact law 70 suspend a. oinOo,
who subject to Impeachment from the functions OF
his Office, would have Preforsel tlaa ts ~satiti'tion
had authorized the suspension Of such officers. Great
inconvenience and embarrassment might occur on the
suspension ofan executive officer
Notwithstanding the doubts which ! entertain on
this subject there is at least one legislative precedent
for the passage ofsueh law. The act, entitled "an
act TO define certain duties Of the Governor, and to
tabsh his salary" approved February 90 1898, pro-
ydes "lha in addition to the powers vested in the gov
enor by the revised constitution, he shall have power
to remove from office any State or county officer for
the causes, aud under the restrictions provided in the
act that is 10 saw where the securities or either Of
them Of such officer has removed from the State or
become insovent lfthe Legislature can enact a law
empowering the Governor 10 remove the State Treas
urer from Office and to yacate his commission for fail
ing TO give new bond when the former bond has be-
come insufficient by The removal or insolvency Of one
or more ofhe securities to such bond, It certainly can
provide for the removal Of an unaiihin officer who
guilty Of embezzling the effects olthe Stale doubt.
cd the power Of the Legislature TO enact the law to
which have referred a legislative precedent at the
time il was passed, and YET entertain the doubts
submit, however, the question to the consideration Of
your better judgment.
In connection with the subject Of the revenue per.
NIT me TO call your attention to the condition Of the
Sinking Fund.- created under the provisions Of hechar
ter Of the Planters Bank and the stock and effects Of
the Mississippi Rail Road Company. It cannot beae-
MED that the treasury ofthe State amontaby embar-
rassed. On the first day Of January ls3S Is appears
BY the reports Of the State Treasurer up 10 that date
there was surplus balance Of cash in the Treasury
amounting 10 S279,6l3,3l Ia not including, as IN
derstand either the effects Of the Sinking Fund the
Seminary Lend Fund.- or the Jackson city b. 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 s200000O, 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 amentaby changed notwthsland-
inc the population ofthe State had been burthened
with the payment ofa heavy tax for each year prior
that period What was the condition Of the State
Treasury when / came INTO Office! On the 10th day
Of January 1912 The report ofthe State Treasurer as
made TO the Legislature, shews balance in The Treas
ury, on the Both of November, Of $500 955 05 ~
consisting ofhe Attorney Generals receipts for claims
on The Brandon and other broken banks, for the sum
Of s23S l02. The notes Of the insolvent Miss. R. r.
Company, S6303Cs the noies oithe Mississippi Union
Bank, $500; the notes Of the fernando Rail Road
Company, 800; Jackson corporation tickets, So 90 l q
and specie the sum Of "a cents! These funds are not
IN my estimation intrinsiealy worth five per cent on
their amount.
found, al the same time, an immense liability pres
sing the Treasury in the shape Of outstanding and
funded Audtors's warrants, ranging in amount from
one BALTIC three fourths Of million ofdoars and that
instead Of the State beng the owner Of S2OC0OO0 Of
stock in he Planters Bank, yielding dividend annual
u Of two hundred thousand dollars that this stock had
haan iranslarrad 70 The Mississnni Rail nnad Conna