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

discovered the existence Of evidence, deemed ~
me sufficient 10 sustain prosecution againls ,he
late State Treasurer, r. s. Graves, (which was
discovered in part By an examination by the Au.
dilor Of Public Accounts Of the Treasure,'s Of
Office, and books Of the Treasury, and a part Of
the funds Ofthe State 10 the Treasury, instituted
prosecution against said Graves for the offence
Of embezzlement In the progress Of the trial
Of said Graves before the committing court flhe
Chief Justice Of the High Cont of Errors and
Appeals) and after had, as | considered. ascer.
tanned beyond doubt, that Graves had been Vuilty
OF the crime Of embezzleing the funds ofthe Stale
and that he would most probably be recognized
OF committed TO answer the charge Of embezzle-
ment, retained two Attorneys, the Hon. George
Adams and George s. Yerger, Esq, (ihe Atior-
ney General then being continually engaged il
behalf Of the State in the prosecution against
Giaves,) and directed them TO draft a bill in aid
of the Attorney General, charging the embezzle>
ment Of the funds Of the State BY said Graves;
and for the purpose Of more certainly giving the
Court of Chancery jurisdiction Of the subject mat
ter, las such state Of facts really existed drec>
ted that the bill should allege that said Graves OBJ
tanned a large sum Of money from the United
States Treasury, and that doubts existed as 10
whom such sum Of money belonged, whether to
the United States or 10 the State Of Mississippi;
and that such bill should pray for the issuance of
subpoena against Graves, a writ Of injunction
restraining him from the use OF custody Of the
funds Of the State, and also that a receiver should
be appointed by the court, and that such receiver
take the funds Of the State into his custody and
care, until the further order of the Chancellor in
relation thereto, and that the Chancellor might
adiudge and decree to whom such funds so re-
ceived by said Graves belonged, whether to the
United States, or 10 this State. This bill was
drawn accordingly, and submitted 10 the Chancel.
Tor. During the progress Of tho prosecution a
gainst said Graves, whilst the same was before
the Chancellor for his consideration and action,
and before the Chancellor bad evidenced bis ac>
ton on the bill, and before the trial of Graves
had closed, he escaped from the custody Of the
Sheriff Of Kinds county. After his escape, the
Chancellor gave bis opinion on the subject Of the
bill presented 10 him, declining TO grant the writ
of injunction, or 10 appoint receiver as prayed
for in the bill, assigning reasons for the refusal Of
his action and aid as prayed for. This refusal
was based on other and different grounds, than
the fact, shat said Graves had abandoned the Of.
Zee of State Treasurer, aud that the same was
than vacant, and might be filled by tue Execu.
i've"
Iconsdered tho Office of The State Treasurer
vncant by the removal dnd abandonment Of the
office by said Graves, and proceeded 10 appoint
another State Treasurer. Before doing so,
learned that Mrs. Graves, the wife Of the late
Treasurer ofthe State, desired to see me. | i'm.
medaely visited her at the late residence Of said
Graves, where she delivered to me the sum of
s69, 2S2 6s in Mississippi Treasury Wanants,
500 900 in United States Treasury notes, and
the sum Of s2,749 6s-lO0 10 foreign gold, the
greater portion in sovereigns, which sum | took
INTO my custody. ] forthwith appointed State
Treasurer, who, by force, opened the door Of The
Treasury Office and the iron chest and safe Of the
Treasury, 1.-The keys having been in the custody
Of Graves, lost, or misaid,) Upon taking an in.
ventoFy Of The funds found in the Treasury, was
asceilained that there was in specie the sum Of
Sc 80, in uncancelled Mississippi Treasury War
rants the sum Of s6,442 IL, and large sum Of
deprecated bank notes, amounting to the sum Of
| S64,945 90 100, together with some receipts
and other evidences Of debt. AT the first conve-
nient opportunity; after a secure iron safe for the
keeping of the funds was provided for the State
| Treasury, delivered over to the State Treasu'
rer the funds received by me from Mrs. Graves
or rather, placed the Mississippi Treasury War.
rants into his hands to be cancalled-the United
States Treasury notes and the S2,749 6s-l00 ia
foreign gold, placed 10 the iron safe Of the State
Treasury on deposite, for The benefit ofthe Stale
or Of the United States, to whichever the same
might be found properly 10 belong, mot being
able beyond doubt 10 determine the real ownel
Of The same, but being strongly inclined TO believe
that in justice the greater portion Of the same be
longed 10 the United States.
lam inclined TO this opinion from the following
facts, by statements 10 letter addressed by the
Secretary Of the Treasury Of the Uaiied States Il
R. s. Graves, which has fallen into my hand
since the escape Of Graves, am advised tina
said Graves received on the third day Of MAJ
1912, the sum Of Sle,722 06 on account Of lh,
three per cent fund, and on the 9Th day OF 0cto
| Der 1912, The sum Of 50, l42 90, paid also on &C
count ofthe three per cent fund, which sums Weu
received, I suppose, in United States Treasury
notes, and on the 9th day Of October, I942, b,
received the sum of Sl44.214 33.l0O on &C
count Of the two per cent fund. ! am advised b
copies Of the receipts Of Graves for the paymen
Of The S2,I42 92-lO0 Ofthe three per cent fund
given on The 9th day Of October lS42, and 70
The payment Of the $I44,2l4 33-l00 Of the lw'
per cent fund, given on the Glib day Of October
ls42, furnished by The Hon. john G. Spencer,
that United States Treasury notes were receives
BY Graves for both Of the last mentioned amounts
By reference 10 the 500, 500 United Safes Urea
sury notes received BY me Of Mrs. Graves,
will be fouad that these notes bear date on th
10Th Of October 1912, from which / conclud
that the same is PORTION Of the sum Of SI44l
f 9l4 33>100 of The two per cent fund. l consid
er that Graves, as State Treasurer, had author
ly, BY the law Of the State, to receive the tire
per cent fund, as il accrued, into tho Treasury
: the State; aud that be bad authority under d
7th section Of the act accepting the two per ceI
E fund, under provisions Of the act Of Congress
! the Atm September ls4l, and the acquisitions
) tbe Governor Of the State. made for that purpo,