Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1865-12-21

The particular enquiries which the committee were
instructed to make, are the following. Whether
the appropriation of the s2l 900 OF gold aud sil-
YER coin. mentioned in said report Is made by the
authorities ofhe State having the said com IN their
possession now, wasaccOrdlng to law or not and
if not according 10 law, then 2. Whether the said
appropriation justified by the extraordinary cir
cumstances of the case, and should now be legazed
by the action Of the Legislature and II neither ie-
gal or justified by the eXigency Of the case then
g. What legislation is necessary to recover the same
for the use OF the State. ,E
The report of Mr. Bennett referred to in the reso-
luton was not in possession OF the House, but has
been furnished by the Governor 10 the COMMITTEE nj
their request.
The history Of the transaction far as it iSneces
sary to state it for the present purpose, appears rom
the report of Mr. Bennett, and other evidence beiore
the Committee, TO be as follows
The twenty lone thousand dollars of specie, which
is the subject of investigation, was borrowed by the
State Government at Richmond, in the name OF the
State, from the Bank OF the commonwealth, IN
the month of March, 1860. Bonds purporting to
hind the State were offered TO the bank for the
amount This bank not being one OF the repositories
OF the State the money was transferred from ~ 10
the Exchange Bank, which was depository. when
twas asccrtained that the evacuation OF Richmond
was determined upon, the Exchange Bank, as stated
nv Mr. Bennett, notified Governor Smith that THIS
money mast be withdrawn from the BANK Inc
Governor theTeupOn directed tile withdrawal OF the
money from the Bank, by an order drawn! by him
mo- the authority to do so under Section Thirty
two Chapter Seventeen, OF the Code OF lSbu. Ii!s
order bear; date April lst, but twas probably issued
on the % and does not appear to have been known
until that day, that the evacuation oil hicnonu was
contemplated The sum of $40 500 was discussed by
Mr. Bennett in pursuance ofspecial direction from the
Govenor given before he lett Richm0nd. Ihe fur-
thcr sum of So 293 was disburssd by Mr.. Bennett III
nu,,uance of general Instructions from the Governor
and in the month of August the balance, amounting
50 Dn- III.
the late Treasurer of the State, who UNDERTOOK "
complete the disbursement. The greater part Ol TINS
amount had been dsburSed by Mr. calvert Dnt
considerable balance still remains IN ms hahuo OF
under his control, as will appear by communea.
ton from hm herewith snbmitted marked y. othcr
facts have been elected, which are important 10
full understanding of this TRANSACTION IN al Is as
p,cts but the committee has not been instructed 20
renort nil facts nor TO consider the transaction In al
~ nsuants in the view which has been adopted by
tb, committee the facts already stated appear TO be
n1icipnt for the purpose contemplated by the reso
luton. "a,
The resolution proceeds upon the presumption
that the money in question Is the property Ol the
state of Virginia unless it belongs to the parties to
whom il has been paid, and 1t accordingly contem-
plates proceeding To RECEIVERS u Tor the state III case
Shall be- found that tue parties have no right' leSal
ar moral 10 retain il. IT, therefore, the money does
not Lelonr TO the State il the title OF the State
surprising il to exist ought not TO be asserted u
seems pain 10 the committee thatthe special enquiries
SUGGESTED by the resolution ought not 10 De prose-
cuied. for i'm that case though It should appear as
tho rrult of those enquiries that the taking Of the
money was not justified by law nor excused by the
,irrum. tances of the case, the Investigation could
not lead TO the results contemplated by the resoiu-
tiOn. -, . 49,.
The committee have not BEEN instructed to lnves-
ticat the facts for purposes OF correction or expo
ann, With these views the committee have addressed
themselves first ~ tue preliminary enquiry whether
the money in question, 7upposng mol 10 Deiohs 70
the parties To Om it has been paid Is the properly
of the State of Virginia. .... ..rf
II n very clear that the present government, repre-
senting the State OF Virginia, cannot assert any
claim this money by right OF conquest FOR all the
rights OF conquest whatever they he, belong 10 the
United States and it seems 70 the committee TO be
equally clear thar the present government IS not 10
be REGARDED as having succeeded as representatives
of the people of Virginia, to the government OF which
Governor smith was the head This government,
which is the continuation vi the rghtiul govern
ment which existed prior TO the ordinance Of Seces-
SION has been RENTED by the conquest OF the terri
torv and the suppression of the nsurped govern
ment to all the rights which belonged TO that origi-
Iul government .-
The present government was in existence and OPP
Grafton with its seat * Alexandria, at the time the
money in question was borrowed BY the Richmond
| government from the banks OF the Commonwealth,
and at the time it was drawn out Of the Exchange
| Bank The authorities Of that government are de
signatei by the Constitution Of the state rs the
|
moni" and il is declared that the General Assembly
shall not provide by law for the payment OF any debt
| or obligation created by them. Those authorities,
therefore, can not be regarded By us as having pau
| the agents or representatives OF the peope VI -"
| gna for any purpose and we. as the agents anu
representatives of those people, cannot claim tue W
! the money in question, merely because IL was ~
nnrel and held by them Ii this money had 9ey !,
found in the treasury Of the state or ih 'ue ~
those who appeared to hold IL Is whether the
| question
| Jn.tr;no oC Estnppel would not have pFecluueu anl
denial Of the title Of the state VIE" aa no,
| rirbtfu, representatives. But cue hp" T. r.
found in the treasury nor IN tne ~ tba S,ate
ssnrna To hold it the representatives Vi 'as
- d;ehnrsed nv those who claimed the rlght
~ 10 ~ a. the lawful authorities OF the State' anu
= now held by persons VINO Gain IL as thcn y"
| i NJ" srba1s the undistnbuted balance in the
- of Mr. Calvert 1t is the opinion oil the commit,
, therefore that the money which Is tie subject VI
| ,hiz annuiry cannot be received by the SlAie pe
cause the State has no title to H. But even IL ..i'
were otherwise it does not seeIn to the eolnh.
that II would be proper for the state 10 assert US
| IL nnder the circumstances of the case. The
| money was borrowed from the BANK Vi Tue NoH'
| monwealth which received for II bonus WHICH Pui'
norted to bind the State for It's re.payn lnsse
| bonds however, We are not at lloelty' uuuel tie
| Constituton To paw and the result oil recovery Dy
| tho STATE would be that the bank would lose the
| money II would not be consistent with the honor
and dignity of the State to produce such result,
unless the conduct of the bank had been such as u
deprive it of all right to protection. Such does moi
apear TO the committee TO be the fact. On the con-
trary there is reason to believe that the loan upon
which this money was obtained from the tank
though voluntary in form. was in substance fac
compulsory. The committee, however, forbear t.
go into this question because the facts necessary fol
its proper solution are not before them in an au
thorized form aud it is not necessary TO do so il
view of the opinion at which the committee have ar
rived in reference to the title of the State, Th'
whole subject will be proper matter for judicial in