The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-02-23

"a ,gi-oi e ~, ~ sA naf NHs
Is airi - aet tta saH4 Hap.
g banker or broker in the State. and theme,
3 into all the wild and hazardous specula
tions in which il is possible Tor money tc
+ be employed, and this, too, without The
I State having one farthing security for theil
I return, other than the pledges Of artificial
persons without honor or integrity. and
!, natural persons without ability.
i, 1t is not for such uses that portion oil
the proceeds of the toll and labor Of the
. people Of the State is collected and paid
j into her treasury, but for the importan,
and noble purposes ofdefraying the prop.
er charges and expenses Of republican
|, government, and protecting and preserv.
ing her honor by the punctual payment Of
J the Indebtedness she has otherwise volun-
} tarily entailed upon herself. The twenty
| second section OF the second article OF the
} Constitution speaks volumes upon this sub
ject, in this language:
mo money shall be drawn from the
Treasury except in pursuance ola specif.
ic appropriation made by law"
II Sir, the proper rational and legal con.
sirucion Of this clause will give it pretty
extensive range. Itmeans the treasury in
fact and reality, and not in mere idea or
name; treasury in every particular capa.
bic ofholding and keeping safely and Sc.
curely the money Of the State. II means
further that the money shall, under no cir.
cumstance or pretence be taken from sucn
treasury unless specifically directed by law
If this clause OF the constitution is per-
mitted to have the force and effect for it
here claimed, which think not al all ex-,
travagant. any possession of said money
upon the part OF any person or corpora
tion. other than officers. as mere trustees,
for safe keeping and disbursement, is man.
ifestly contrary to the object for which it
is collected, and violation of such sec.
tion. The funds Of the State in the pri-
vate use or employ Of any officer, or in the
hands Of any person, bank or corporation,
as deposit or otherwise, is in every legal
and rational contemplation, out Of, and
not in the Treasury. Without strict and
literal construction, such as here claimed
for said provision, the object and intent Of
| the trainers OF the constitution cannot be
carried out, and the evils under which the
State has long suffered, could not and
would not be remedied.
The loose and lati,udinous construction
given TO the 2lst section of the lst article
of the old constitution. under which so
many wrongs have been prepetrated up.
on the public funds OF the State. can form
no precedent for the construction Of the
4" enty second section Of the present, and
should not under any circumstances, be
regarded as furnishing any authority or
guide upon the subject. Hence the posi-
ton is true. that taking public money from
the treasury ofthe State. either lor the pri-
vaie use Of any officer or other person, or
for deposite elsewhere, unless specially di.
irecled by law, is violation OF the present
'fundamenal law Of the Stale. The consti.
tuition thus declaring latihe public money
shall be kept in the treasury, and moi be
taken therefrom, unless by virtue of speci-
fic appropriations by law, it becomes the
imperative duty Of the General Assembly |
to compel the observance Of this constitu.
tional injunction. by such penal enact.
ments as will in all human probability,
force obedience thereto. The consitu.
tion, as history well proves, might as well
be silent upon this subject as proclaim
what it does, unless the legislative branch
of the government throws around il the
safeguards OF penal law. The experience
Of Ohio alone. most clearly attesis the fact,
that mere civil liability on the part of the
officers into whose charge the law places
the public monies, is not sufficient protec.
ton TO the State. lfthe rule ofthe present
constitution, supported by stringent penal
enacments, had been enforced years ago,
the hard earnings Of the people would not
have marched into the custody Of railroad,
insurance and banking companies, and
the pockets ex.Treasurers and receivers
to the tune Of hundreds of thousands Of
dollars, which now stand in the catalogue
Of dead losses to the treasury Of the State.
In principle, the same object and reasons
that induced the constitutional rule upon
the subject Of keeping the funds in the
treasury, will prevent their being inter.
cepted on the way 10 the treasury, by any
private use or employment of the same in
the way Of deposite or otherwise. |
The act Of Congress, known as the In
dependent Treasury law, against which all
the friends of chartered privileges waged
war, and kept it in furious operation for
years, furnishes a reliable example Of the
true and correct construction OF the con
stitu,ion upon this subject. The ninth sec
lion Of the first article Of the constitution II
Of the United States contains the same pro-
vision upon the subject, that was in the old
constitution Of this State, and The same