Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1846-05-14
To The Tar-Paying Community in Vermont
NO TX


of accounting. as between man and man. Mine
and thine are expressions requiring definitions
The laws have as clearly defined the rights of
things ms the rights of PERSONS and while those
laws have assured to man the RICH, to control his
own property, it has with the same authority, inter-
dcted all improper interference with and control
over the property of another. No person, in pos
session ofpublic property, can appropriate il to
private use, without being subject to the charge of
embezzlement fraud peculation. Public prop
erty must be transferred to private by operation
of law, or no title passes. No man can, ought
to make the application himself though he may
believe he has rendered a full equivalent This
would be to make man Judge in his own case
Public funds retained, under such circumstances,
are public funds still, and should be accounted for
One in olden time. said of anothers property found
among his, that chat shall be accounted stolen with
me" And ought not property, in the possession of
one but rigHfully belonging TO another while
secretly and irauduontly detained, to "be account.
ed as stoenl" Its demoralizing and corruptng
influence upon the conscience and the heart, is the
same as in the of theft. Ii so, then it becomes
a sacred duty, binding upon the Legislature, to
enact laws, which shall compel every man to
strict accounting, for all public properly in his
hands This view ofthe subject is Of vastly more
importance, than the saie-keeping of the public
funds for their own sake. Where the laws do not
guard the public funds from peculaton, and embez-
front, unresiraued throughout the length and
breadth Of the land and offices aud officers will be
bought and sold like chattes, in the political sham.
bles
Public accounting should be essentially of the
strictness, as between man and man;-the same
scrupulous exactness, and the compensation
for the same amount of similar service. In all
cases where the law has defined the service and
fixed The compensation that should be the only rule
to govern. The tctms liberal and illiberal, an
have no place in such accounting. All is reduced
to Justice and injustice, and the law and science OF
arith metc, must be the opponents Of what is just
and the elements of all just accounting. In ad-
minisiering and executing the law, relating to this
subject the officer entrusted with that duty has
nothing to say in regard to the amount of the
pensation :; that has been, should have been
tied by the Legislature
Every detention OF public funds, beyond the Pc
Rod provided by law, becomes breach of duty,
and continued TO certain point, becomes embez-
element fraud, or peculation. Blu, how few would
feel the power of moral obligation such an extent
as 10 secure u just accounting, for public funds
in their hands, when the knowledge Of such fact
was confined to their own bosom.
One thus situated might not design finally, per-
haps, TO defraud the public, but accounting would
be delayed to more convenient season. time
which would probably never occur. 1t is an injury
to the individual inirusted with public property,
not 10 compel a tditnlul accounting, and at snort
peri DDS, appointed by law 1t is besides, practical
injustice to collect taxes TO be squandercd for any
other purpose than for the support OF government
economically administered. Were all our taxes to
be collected of one individual, and TO be disbursed
in the form of fees 10 another for services alleged
10 have been performed the injustice Of paying be-
yond the conventional, orlegal compensation, would
be at once perceived, The case is the same, be-
tween the tax-paying public are called upon TO ad.
N the firm of IN he dshursad
in the form Of fees for services not rendered, or
more than the statute has prescribed and this we
call practical injustice. All our revenue or at
least with few exceptions, is derived from direct
taxation, and the tax-paylng community have Just
claim to know, for what purposes aud uses their |
money is drawn from their pockets, and they should
be heard in their objection TO the illegal dIsburse.
ments of the funds Of the Treasury The duty Of
keeping allowances to the amount fixed by law, is
not difficult but where the law has committed TO
an officer power to allow in his discretion sum
for service not defined, the is Otherwise
The claimant requires, that the accounting officer |
should be liberal lit is for the State the services
were rendered. aud the State can afford to be lib
eral But should not be forgotten that liberality,
to such claimant becomes extortion from the tax.
paying community, and that the terms liberal and |
liberal can have no place in this matter Justice and
injustice are the only terms appcsbleto the - /
The law should be the only arbter between the two.
Ii is not supposed, that these positions VIII be ser
ously controverled, but still the practice has been
widely different, from the principles here laid down,
and this from an early period Of the govern
ment
The statute establishing fee-bill, entitled "an
act regulating fees" passed Oct l79S, after pre-
scribing the compensation for every service defined
in that statute, concludes with these words viz :
And for any other duty or service, done or per-
formed, such sum shall be in proportion to the
fees specifically provided by this any other stat
ute" A similar provision has been retained in all
the acts upon the subject since. And yet this pro-
vision Of the law has been little better than a dead
letter The service, perhaps, has been performed,
and charge ten times greater than the rule estab-
lished by law, has been made, and allowed by an
authorized officer, and Immediately settled by an
order on the treasury. Revision and correction,
had now become impossible This allowance be-
comes first precedent, then law not only for that
officer bat for all Others performing the same SER
vices The written law becomes dead letter,
while precedents, originating in abuse and fraud,
become the law of the land These abuses are not
confined to any one branch Of the public service
or TO one kind Of service 10 particular Office
They are evils which accumulate from year to year,
and are not Of small magnitude, but will effect
serious amount of the public funds, if suffered to
continue. True, it may be urged that the pecula
lions Of which we complain, are, when singly con-
sdered, OF small amount only ten cents on the
dollar of the grand list of the State, sufces to meet
the actual necessary expenses Of government.
Six tenths of these expenses 60 10 sustain our
judiciary. But it may be urged that these pecula-
tons are inseparabie from all human government.
II the Legislature will for such reason disregard
them in This day of nrooress hut n few wears will