The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-05-11
BIDDEFORD, ME-, FRIDAY MORNING, MAY II, 1860

MAY II. 1860.
Treasurer is not elected for tho precise period
Of year, though such is very general i'm
preston. The Constitution simply declares
that "the Treasurer shall be elected annual
", at the first session of the Legislature;"
and hence IN election at any time during
that session is plainly. within tho require
ments of this provision and most obviously
the Treasurer Of the year preceding, remains
in Office till such election is effected and his
successor qualified. Any other construction
would involve an intermediate period during
which the funds Of the State would be left
to no responsible keeper.
If these positions bo correct, and tho Com
missioners are fully persuaded that they are,
II ia'evideut that all moneys unlawfully 70
moved, by Mr.. Peck, from tho Treasury, be-
tween tho 1st Of January and the 4th of
February, 1859, must be made good BY the
Suretes Of 1858; as their responsibility Is
explicitly declared in their Bond to extend TO
the date ut which his successor enters upon
the duties Of his Office. Upon careful e1-
animation Of the books of the Treasury De-
partment, and comparison Of the samo
with the accounts Of the various Banks In
which tho Treasurer had dealings, II appears
that between the dates named the sum Of
so, 1860 was drawn from tho Treasury for
other than State uses, and all the deficit Gre
ated by these acts the undersigned consider
as falling within tho liability Of the Sureties
of 1858. Should this amount be deducted
from the $62, ,563.71 for which the Sureties
of 1859 were alleged to DO liable in the Re-
port of tho Investigating Committee, their
liability would bo reduced to the sum Of
40,426.72,
1t has also been shown to tho satisfaction
of the Commissioners, that an official check
for $4,000 was deposited by Mr.. Peck at the
Augusta Bank during tho last days Of 1858,
and that this amount went to cover bis def
cheney Of that year, just as did the $40 200
worth of checks discounted ut other Banks
and described at length in the Report of tho
Investigating Committee. This sum is Of
course to bo deducted from the amount
claimed of the Sureties of 1859, and is to be
recovered from tho Sureties of 1858. 1t bo-
longs to precisely the same class that the 9TH
ers do, and is to be treated in tho samo man.
ncr. 1t also appears that the tax Of the
town of Paris. amounting to $S4l,3l was
received by Mr.. Peck, and that he did not
give credit therefor at the proper time-with-
holding it Just as he did the taxes of West
brook, Yarmouth and other towns, and thus
concealing his deficiency of 1858 in the mode
fully set forth in tho Report of the Invcsti.
eating Committee. These two sums, (the
Augusta Bank check and the Paris tax)
amounting together to S2,S4l.3l, must be
further substracted from tho liability of tho
Suroties Of 1859 and added to the sum for
which the Suretics of 1858 arc responsible.
Deducting it then from the $40 ,426. 72 above
found, and there will remain as the undoubt-
ed liability of the Suretes Of 1859 the sum
of S37 ,5S5.4l.
or the sum of S22, 1860 removed from
tho Treasury between January l and Febru-
ary 4, 1859, there is no positive and conclu-
sivc evidence that any part was used to pay
tho obligations incurred by Mr.. Peck otii-
cially, when he was raising money in order
to make his accounts good at the Legislative
inspection. There is, however, some infer
entail proof, amounting to strong presump-
ton, that 81, ,038 "A of the gross sum was
thus used, and tho result Of this, II estab-
lished beyond doubt or cavil, would be to in
crease the liability of tho Sureties Of 1859,
and diminish that Of the Suretics Of 1858
by precisely this amount-inasmuch Us to
reckon II all against tho latter might be du-
plicating tho payment of the same specific
sums. The case, however, is not ono of such
clear and imperative obligation on the part
of the Sureties of 1859 as to warrant the
Commissioners in cxacting its payment, and
rs they are proceeding under Legislative
Resolve which directs them to settle with the
Sureties sin just and equitable manner,
they feel we'll persuaded that both justice and
equity will be best subserved by declining to
enforce the payment of that sum from tho
Sureties of 1859. The admitted, unques-
toned, and iudisputablo liability of those
Sureties Is S37 ,585.4l. When any thing
beyond this Is demanded, doubts and cavils
and disputes arise such as the Commissioners
conceive It highly desirable to avoid.
There is another consideration which enti-
ties tho Surctics of 1859 to some lenicncy ut
the hands of tho State, in adjusting their II.
ability. It is the fact that private notes and
drafts to the amount of Sl4 900, negotiated
by Mr.. Peck for tho acknowledged purpose
Of conccaling his deficiency Of 1858, were
nevertheless oil paid out Of the Treasury
funds in the spring Of 1859. The sureties OF
1859 have therefore to assume this amount,
which was o virtual deficit in 1858, but
which did not become 30 technically and le-
gally till 1859. Whilo this presents no
ground for the evasion of proper and legal
responsibility, it certainly does suggest the
most cogent reasons for settlement on the
basis of equity and liberality. Under these
circumstances, while the undersigned have
not felt authorized to remit the payment Of
the deficit caused in 1859 by the notes nego-
tiated in 1853, tlcy have felt that 1t would
be oppressive to insist on the last dollar BY
exacting this sum Of S4,038.44 from the
Sureties of 1859, when their liability there
for is in any event matter Of serious doubt.
When the Commissioners had succeeded in
adjusting the liability Of the Suretics Of 1859,
and had found that tho amount due from
them was S37 ,5S5.4l, they received . Prop,
osition from those Suretics to pay $37 wv
to tho State. and receive discharge from
all further liability on their Bond. The
terms proposed wcro 81 900 in cash, and
$40 900 Der year for thrce years in notes OF
samuel +. Hersey and Walter Brown, salts
factorily secured by mortgage on real estate.
The undersigned accepted the offer, and
Mcssrs. Comstock, Porter and Jewett werc
appointed Sub Committee to proceed to
Bangor and examine tho real estate proposed
to be mortgagcd, and ascertain If It consti.
tutcd sufficient security to insure tho prompt
paymcnt Of the notes to which II Is collate- |
mi. The Sub Committee devoted some thrcc
DAYS to the task assigned them, and became
satisfied that the security was ample for tho
protection of the State, and ut once had tho
mortgages executed. Upon this fact being