The Democratic Whig. [volume] (Columbus, Miss.) 1842-1843, 1843-07-27
NUMBER4s,

i and the sum of $1,000 Of the two per cent fund
T making an aggregate Of both funds Of the sum
f of $30s8I4 90. Instead Of drawing for this
d sum, as / consider he could lawfully do he re-
Q ceived the entire amount Of the three per CEN
] fund, and &l44,2l4 34>1O0 Of thetW per cen
> fund.- making the aggregate OfbOlh funds togelh-
er the sum Of $165,079 3l.10O, BIZ means d
: which, he received an excess, or az amount be-
yond what he had the authority Of the State "a
, receive, of $l34,214 33,100.
consider that the Secretary Of the Treasury
of the United States, the Hon. Walter Forward,
} paid this excess $l34,2l4 3S.l00, not only with
out the authority of this State bat ia direct viola.
ton of the will of the State, as made known by
the provisions Of the 9TH section Of the act Of the
Legislature of the State, accepting the act OF
Congress. rclinquishing the two per cent fund to
the State, and therefore in his own wrong, and az
the risk of the United States: Besides, the pay
ment Of these funds, instead of being made 10
| said Graves in money, was made in United States
Treasury notes, and these nOies were made pay
able at future day with interest, TO II S Graves
en- has individual capacity and not to this State,
nor even to said Graves, as Treasurer of this
State, by this means, said notes purpOrt, on their
face, TO be the private property of r. S. Graves,
instead of the property of the State. The Uni
| ted States Treasury notes, amounting to $92,-
| 600, except small portion thereof, say between
$4,000 or SIS, 900, which are endorsed in blank
by said Graves, cannot, as suppose, be legally
used or negotiated by the State. AS 10 the ST..
749 6S-l0O in foreign gold, by me received of
Mrs. Graves, am unable to say whether it is the
private property of said Graves, or the funds of
the State, received by said Graves in payment Of
State Taxes, or the proceeds Of portion Of the
United States Treasury notes, received by said
Graves on account Of the three per celt fund
| and unawfuliy exchanged Tor the same, or whe. |
Their it 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. II is most prob
able however, that this gold is the proceeds Of a
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 am
| unable to say, l am aware that the Comptroller
of the Treasury Of the United States has insisted
that the excess of $l34, 214 33-lOO Of the two
per cent fund was paid over to said Graves, bv
authority of letter addressed by me to the Sec.
rotary of the Treasury Of the United States oil
the 10Th day of April, 1912, in reply to informa.
ton sought and enquiry made OF me by 0letisrI
of the Secretary OF the United States Treasury,
dated April I'd lS42, and that the present Secre-
| tary o. the United States Treasury may have
entertained the Same opinion; yet 4 apPrehend
that no person, who will impartially examine the
subject, and the whole Of the correspondence
which took place between myself and the Secres I
the money or treasury notes were paid by the 4
United States Treasurer 10 said Graves, will, for /
an instant, sustain the position Of the Comptroller
Of the United States Treasury. The letter Of
the Secretary Of the Treasury Of the I'd Of April |
1912, requests that will inform him "who is the |
proper person authorised 6y the Legislature of |
the Slate Of mississippi 10 receiUe The amount
that may be paid on account Of The three per
cent fMndg' II asks information simply as to the
4 - Al Co. Al.
fund, and the lawful power Of the Stale TTeasur.
er as to that fund. 1t does not ask the Governor
to empower any person to receive this fund.-
My reply Of the 18th Of April 1912, is TespOn> |
Sive thereto, and informs the Secretary what ]
then, and still believe, to be the law Of the State
in relation TO 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, i
sato receiUe all monies dMe to the STATE of Mis-
sissippi," adding what l then believed, and still /
believe. 10 be the general legal power of the Trea-
surer, the words, "Gs we'll from the three per /
cent fund, as from all other sources" and con- /
cluded by informing the Secretary, that il was 1
formerly the duty of the Governor TO receive this
three per cent fund, but by subsequent legislation
this duty devOlVed on the Treasurer Of the State.
This reply of ITSELF gave no power or authori-
ty to the State Treasurer; nor was il so intended.
It stated simply the law, which was that the /
ceive the three per cent fund, and all money due |
to the State, and was the lawful custodian Of the
Treasury of the State. insist that this iuloT-
nation was strictly 10 accordance with the law Of
the State on the subject TO which il related. tfI
the Treasurer Of this State is not authorized by
the law Of the Saie 10 receive the three per cent
fund, If he il not the proper person 70 receive all
money due TO the State, then 1 am unable TO ar
rive at che meaning Of the words Of tho act.
The enquiry was as to the power and authority
created by the Legislators, not by the ETecGtiUe
of the State. i was NOT requested by the letter
Of the Secretary, 70 empower or aulhOrise any
person 10 recevc this fund, did pretend 70 do
So Should any one consider this letter the Cre-
| alton Of an authority, what was the extent and
| limit Of such authority7 This Is 10 be dedpced
| from. and limited by the language used. The
Language Of my lettet s, ''ihat the State Treas
lUrsr is s.duly duthOTiSsd" 20 receive oil money
/ due to the State" (then due.) Was any part OF
/ portion Of the two per cent fund then 18th April
| i642) due? The frsl instalment Of that fund,
]. was by the act Of Congress, made payable on the
| irst day Of Nay lS42, aud. consequently, was
Il due the State until that time arrived; there was
II nothing due the State from che two per cent fund.-
II al the time that this letter was written. This
Z State had accepted che act Eelinquahipg that
fund, but had NOT agreed 20 receive tho PoaaesoR
lfherecf. Onsihe contrary it bad stipulated ~
!, lreceiye into the Treasury only limited amount
j lsufEicient 10 poy.fhe TCpogruphica Engineer tor
Il bic services, ind no mqyf b. the words $40
I p,oys," the Legislature bad expressly tas pn.