Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-01-08

qualified and entered upon his duties with
out delay.
II seems TO be the opinion Of some pcr-
SONS that the Governor has some suparvis-
ion or control over the other Executive Off
GERS, aud Is therefore in somc measure re-
sponsible for their action. Such persons do
not reflect that each Of these officers is cleo.
ted 10y the people, and is mado by the Con-
stitution wholly independent Of the Cover
nor, in the administration Of his own de-
partment except so far as the intervention
of the latter may be sanctioned by express
enactment. The only act providing forany
intervention of the Governor with the ac-
ton of the Treasurer, previous to Mr., Glib
sons resignation, was that Of April 8, 1856
That act authorized the Governor upon re-
quest of the Auditor Of State, to appoint a
suitable person to aid that officer in exam.
lining tho Treasury, and required him to di-
rect the Auditor to make such au examiua-
ton under certain circumstances. AT the
proper time / directed tho attention of the
Auditor to this law, and he made the exam
ination required by it, and reported that
the funds of the State were safe in the
Treasury. He made no request for the ap.
pointmcnt of any assistant, and in the ab.
sence Of that request there was no authori-
ty to appoint ono. His report, and those
of the Legislative committees, furnished no
ground for any further direction to him, and
none was otherwise made known to me.
A further duty was imposed upon the
Governor by tho act of March 30, 1857,
which required him to appoint once in three
months an Examiner of the Treasury. The
first three months had not expired when Mr..
Gibson resigned; but believing myself war
ranted in making the appointment at any
time in the course of that period, and regar-
ding the disclosures which had been made
as demanding an immediate and thorough
investigation, appointed Thomas Sparrow,
of Franklin county, TO that office. The re-
suits of the examination of Mr.. Sparrow,
are set forth in his report, wich is herewith
transmitted. The nature and extent of the
defalcation; the devices by which it was
concealed from the Legislative Committees,
and the Auditor of State, at tho time OF
their several examinations, and the rospeo-
tive parts in the criminal transaction, of the
two State Trcasurers implicated in it, are
clearly stated in this document. No can
did person, l think, can Withhold his assent
from the conclusion to which he arrives,
"that John G. Breslin distracted the money
from the Treasury, and that William II.
Gibson, by concealing the defalcation and
denying its existence disregarded truth and
his sworn official duty"
As soon rs this official investigation had
been provided for, the facts which had been
made known to me were communicated to
the prosecuting attorney of Franklin county,
who is charged by law with the prosecution
of all offences committed within its limits
and TO the Judge of this judicial subdivision,
whose duty it is to charge the grand jury in
regard to such offences. The prosecuting
attorney was assured of whatever aid the
executive could afford to him in the dis
charge of bis functions, and he, accordingly,
received the assistance of the attorney gen
eral, in the Investigations which took place
before the grand jury. These investigations
resulted in indictments against both the ex-
treasurcrs. Mr.. Gibson gave bail, but M.
Breslin fed to Canada. Every effort deem
ed fit and cxpedcnt by the prosecuting at
torney and attorney general, was made for
his apprehension, and the charges were de-
fraycd from my contingent fund. A corr
espondence was also instituted with the fed
eral government at Washington, in the
hopes of engaging its intervention with the
British government, by which means alone
the surrender Of tho fugitive dcfnulter could
be obtained. The federal authorities, how
ever declined TO interfere, on the ground
that the surrender of n fugitive charged
with embczzlement was not stipulated il
the treaty between the United States and
Great Britain, and therefore could moi, Will
propriety be asked for
Civil suits have been instituted by I'll,
attorney general, against the two ex-trcas
urers and their sureties upon their ofIicia
bonds. In the course Of the investigation
required by these actions, as well as by tn,
criminal prosecutions upon the indictment
found by tho grand jury, it is hoped tha
some further light may be thrown upon th,
uses made of the money distracted from th,
treasury, and that considerable portion @
it at least, may be recovered.
Up to the time Of the disclosure Of tn
deficit, Mr.. Gibson had obtained means fo
meeting the current demands against tn
State Treasury, and deccving tho legisla
tive committees and the Auditor, when G,
amining its condition, by temporary loan
from banks and bankers, and other device
described in the report Of the Special E,
aminer. Whether the withdrawal of Tia
moneys thus obtained and represented t
belong to the State, con titutcs defalc;
ton and renders him liable as dcfaulte
notwithstanding he may not have particip'
ted in the original abstraction, is a qucstio
for the courts. The practical effect of tn,
withdrawal was TO leave the State unprov
ded with sufficient funds for the paymer
of the interest on the State debt, becomin
due on the lst of July, or for the ordinar
expenses of the government.
To obtain these funds was indispensable
and there were but two means of accomplish
. ing the object. One was to call the legi
lature together in extra session, and ava
. its action; the other to make animmedia
= arrangement, and invoke for it the sanctiC
Of the General Assembly at its next regul
d meeting. Only eighteen days would clap
after the resignation of Mr.. Gibson befo
G the interest was payable, and that tin
d would hardly suffice for the assembling
? the legislature and the provision of the nc