The south-western., 1856-03-12

/ DRaocRATIc RuLE.-On the morning of the
18th inst, Mr Mcdonald, the spigilant and able
representative Of the parish Of Claiborne, rose
in his place, and stated that he was deslrous of
presenting to the house resolution instructlng
the finance committee to inquire and report
without delay upon certain items which the re-
solution designated as contained in the reports
of the auditor and treasurer. The principal
items related to tbs delivery of, and payment
1 for certain volumes OF Robnson's Supreme
! CourS Reports, payments made for swamp lands
erroneouly sold, and the public printing
! The facts connected with these transactions.
will startle the people OF the State, unless every
thing like public virtue is los. totally in the Vi
olence ofparty strife and party tyranny, Or uti-
less these officers can explain them satisfac.o-
rily, which we hope they can do. It's time that
the people Of the State should know the full
extent Of that corruption that is daily creeping
into our public places, in order that they may
in future select their public agents with that
/ knowledge fully in their POSSESSION. It Is the
duty Of the public press of the State to speak
outin language that can be understood.
At the last session of the legislature the fol-
lowing act was PISSED:
IAN act, to procare five hundred copies OF
Robinson Reports Of the Decisions Of the SUI
pre1ne Court of Louisiana. aE
Sec. i. Be it enacted &c. That upon the
delivery to the secretary of state of five hun
dred copies of the Supreme Court Reports OF
Louisiana, by Merit NJ Robinson itshall be
the duty Of the treasurer Of the State to pay to
J. B. Steel, Or his assigns, four dollars per vol
ume; but 10 payments are to be made until
the entire work is completed and delivered,
Sec, G That this act shall become a law
from and after its passage -r
This act is evidently drawn up very careless
Ily. There is no doubt in our minds they put
construction upon the act that itwould fairly
bear. But whether this be so or not, Is not
pertinent 10 the question for the consideration
Of the general assembly But before We state
the main question involved and at issue, We
may he allowed tc assert that there can be no
doubt, as is proved by their subsequent acts,
that The general assembly intended, and uil-
derstood, the acts as intending, to purchase FIVE
! hundred volumes Of these Reports instead Of
, copies. The act was so drawn up without u
knowledge of the full import and meaning OF
the term copy or else it was an intended
fraud upon the general assembly. Now as we
t haves asserted that the act would bear the con
strucion the officers have placed upon it, We
S will quote from Webster in order to sustain our
;
or set Of books, as a copy of Addison's works
, But as We have remarked, the members OF the
legislature placed a very different construction
t upon it, as is evident from the fact that they
appropriated only FIVE thousand dollars for this
specific purpose, which appropriation runs
, through two years.
Fl But what is the main question now for con-
: sideratun? 1t is this that FIVE thousand dol
lars only having been appropriated, it was 3
r most unwarrantable stretch Of power for the Of
fcers of the treasury department. to have ex-
ceeded this appropriation. Ii was an unwar-
rantable stretch of power for the reason that it
, was, at the same time an infractlon of the con
. stitution and disregard of an express prosi-
sion of the law TO establish and regulate the
q treasury department" Now, letus see wheth
:. er we right in this position. The const'tu-
:, ton art. 81, is in these words. We need not
:. quote more of the article than is pertinent to
- the question: ..... -. ..u.z &=as
= Art. 90. No money shall be drawn from
:, tie treasury but in pursuance OF specific ap-
preparations made BY law, nor shall any ap-
;, preparation Of money be made for a longer term
= than two years"
Now let US see what is the law 10 estab
y lish and regulate the treasury department.
+ Sec 29. Be it further enacted &c. That no
\ warrant shall be drawn by the auditor, nor paid
!! by the treasurer, unless the money to pay the
. same has been previously appropriated by law;
;, nor shall the whole amount drawn for, or paid
under any one lead, exceed the amount appro-
b prated by law for that purpose"
: Now, can it be denied, that the amount ap-
propriated by law for the purchase of these
4 books was FIVE thousand dollars, and yet these
t officers exceeded this by nineteen thousand dol
lars; thereby paying out Of the public treasury
this excess, not only without color or pretence
of law but in spite of both the law and the con
h stltutlon. Instead OF paying the amount spe-
e ciioally appropriated, viz: five thousand dol
, lars, they actually paid Twenty four thousand
e dollars.
n Now, SO far as this matter is concerned, we
Y believe that we have made ourselves SO clear
n that the humhlest mind in the community will
: have no difficulty in comprehending US.
o The item regarding the payment of public
e prnter is of similar natare with the preceding
|. The general assembly appropriated forty thou
II sand dollars for this purpose, and these Off
d GERS paid out fIy-sx thousand FIVE hundred
h and nine 29-1OO dollars, "exceeding" (which
E the Goth section Of the law we have quoted
, above expressly forbids) the appropriation ''for
y that purpose by the very handsome sum of
d s3teen thousand five hundred and nine 90 100
: dollars.
7 But ia more fragrant iGfracton of the consti-
n tuition, and the law quoted, remains behind yet
t to be told The reports Of the auditor and
: treasurer, exhibit the following item Of expcn-
: diture: .-.. t..-... .. ...
S Reimbursement OF swamp lands erroneous
1 ly sold l4,368,o7." Now, is it nct start
ling fact that no appropriation whatever was
2 made for this purpose,
: Why it is idle for the general assembly to
: engage in the laborious and responsible duty
Y OF passing general appropriation bill, if the
: dlsbursng agents of the Stale are unrestrained,
f and can pay out money without limit, stay OF
: hindrance, to whomsoever they please, and fcI
i whatever purpose.
! We will watch with a falcons eye the pro-
e ceedings Of the finance committee and the ac-
+ tion of the general assembly, upon a question