Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-09-13
Burton,s bond.

The Union and american OF Saturday calls In
question the correctness of the report OF the
Legislative Investigating Committee in its
statement that the Governor Johnson ne
elected to take a bond from DIR. Burton, as
commissioner OF roads. as required by law.
In the course of their investigation, the Com
mittee addressed letter to Gov. JOHNSON,
asking him how the fact was, to which he re-
piled, that according to his best recollection,
be did take the bond of Burton as required.
After this. the Committee reported as follows,
as to the fact:
"Au act passed January 26th, 1916. makes
it the duty of the Governor to require of the
Secretary of State, before he enters upon
the discharge of his duties as Commissioner OF
Internal Improvement to execute a bond with
good and sufficient security. in the sum OF
$4,000, conditioned. to account for and pay
over all moneys. as provided for in said act.
The Committee would state, that they have
carefully examined the registry of bonds in
the Office of Secretary, of State, and the pa
pers and books of the Circuit Court of Da-
wilson co. where the SeCretary's bond is re-
quired by law to be deposited and have not
been able to find the bond of Mr.. Burton, as
Commissioner of roads, and are satisfied that
the Governor failed to take the same"
Which shall we believe-the mere uncertain
recollection of Gov. JOHNSON, or the state
ment of the Committee, based upon Gov. j. s
letter and thorough examination of the pla-
ces in which the bond was required to be
placed? We imagine the public will find no
difficulty in arriving at conclusion. The
opinion of the Union and American however
sincere, will scarcely be taken against the
separate and collective affirmation of the Com
mittee, who say they "are satisfied the Cover
nor failed to take the bond.
The Union and american also attempts to
exonerate the Governor from the blame which
necessarily attaches to a neglect of a grave
and important official duty, by so constituting
the law as not to require the Governor to take
this bond and quotes the section of the law
as follows:
That the Secretary of State. before he en-
tiers upon the discharge of the duties imposed
upon him according to the provision of this
Act. shall first execute bond with good and
sufficient security to the Governor of the
State in the sum of twenty thousand dollars
conditioned to account faithfully for all mo-
neys which may come to his hands and pay
over the SAM as provided for in this act"
But if it is not the Governors duty to see
that the bond is given, whose duty is it
There is not a man in the State, we suppose
gifted with a sound, unbiased mind, who would
not sustain the construction placed upon this
section by the Committee. The Governor
will never be able to excuse himself upon such
shallow pretexts. Indeed. the two branches
h. Il 90 oh 9th
The. Governor, by claiming to have taken
the bond admits it to have been part of his
official duty-but his defender denies that il
was part of his duty. Now, the Union ana
American's juridical construction must be
wholly wrong, or the Governor claims to have
OF his powers and duties.
But the superserviceable work OF the Union
and american is scarcelyended with the defence
of the Governor in the matter of ''Burton's
kond.' There are other counts in the Com.
mittee's Indictment 10 which we respectfully
recommend the Union and american to apply
its legal learning and logical ingenuity. They
reads thus:
"The Committee further find in the
LIST sec. of the Free Banking law, the
following provision, land he Comptroller
before he shall enter upon the discharge
of any of the trusts or duties imposed
upon him by this act, shall enter into
bond to the State, and annually
thereafter, with sufficient sureties, to be APP
proved of by the Governor of the State, in
such sum as he shall direct, with condition
for the faithful performance of the trusts and
duties imposed upon him by this act, which
bond, being first indorsed with the approval
of the Governor, shall be filed in the office of
the Secretary of State"
A bond, in pursuance of this act. was taken
by the Governor from j. c. Luttrell, for the
unexpired term of Col. Crozicr, for which he
was elected, and we find, also, that n bond
was taken i'm the sum of $4,000 of the same
officer, March LIST, 1856, conditioned as the
law directs, and with three sureties, which
bond was approved by the Governor, and
registered according to law. These are the
only bonds that were ever executed lay Comp
trolier Luttreli that the Committee have been
able to find, and Col. L,ittyel says that he dad
not execute a bond for the second gear, as Is
required by sdid Free Banking IdV. The
bonds were executed under the above law by
A. r. Crozier, on the 9th September. 1882,
and the other 30th August, 1858; but they
haze been unable 10 find any bonds for The gears
1854, 1855 and 1857 aud satisfied that no
such bonds Were erer eIeciaed."
Will the Union and american reconcile this
dereliction with the Governors ''usual scru-
pulous exactness in the discharge of his
duties?"
The Slave Case In Court.
W. lo..,, &C.,, .ho ba