The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-02-12
Imr=rzant xerter from HonI r. L. Car.
dc.o, subrnsste 90 ths LoEislaturee
ExEcUTIvR DEPARTMENT,
Co1uMB1A. s. O.. February 10. 1874.

To Ae Honorable the Senate and House
of Represcntaii ues-dENThEMRN;ssah have
the hotior to s.ate that, after transmit
ting to yonr honorable bodies my COM
munication of the 7th instant, I have,
upon further reflection, deemed It pro
per that I should again communicate
with you in relation 20 the matters con-
taineG'in said communication. Iu view.
not only of the peculiar and embarrnss-
ing circumstances surrounding the par
ticular case under consideration. but of
the weighty and important principles
involved, aud the grave consequences
that may attend upon unadvised action
Oh my part, desire to respectfully in
vite your attention to the reasons that
have induced mo to pursue the course l
have followed. Governed by no object.
nctuated by no motive save al earnest
desire to obey the Constitution and laws
of the Stute, and to faithfully perform
the duties of my Office, l have felt that
l owed it as duty to the General AS
sembly and to the people, that in dis
bursipg the public moneys should
carefully scrutinize each aud every claim
presented for liquidation, and arrest tue
settlement Of such as may be proved by
the records of my Office to be irregular.
until tho General Assembly be informed
of the fucts connected Herewith. have
taken this view of my obligations to the
State. believing that in so doing.
am sustained by the Constitution aud
the laws.
Upon an examination Of the Consti-
tuition and laws Of tho State it will be
found that the State Treasurer. es the
head Of the financial department Of the
executive branch Of the Government,
has DUTIES to perform that are. in their
nature und exercise, separate and dis
tinct from tho legislative department.
In the main, those duties are not merely
ministerial, but involve the exercise Of
judgment and discretion. He is u
bonded officer, liable to criminal prose-
cution ns we'll as civil suit for improper
disbursements or failure to render
proper account of the ploneys entrusted
to his care.
Section %. Article 2. and Sections IL,
IL, IL and 10 Of Article 8 OF tho Conati-
tuition, prescribes plainly the mode for
Ito disbursements of the public funds,
and the manner Of recording the trans
actions of the State Treasury. Chapter
II of the revised statutes also regulates
and prescribes the duties of the office of
recite here all the duties therein en-
Joined, but I would simply call atten-
ton to the language OF Section 33 of
said chapter, which reads as follows:
"That the Treasurer shall. ct the end of
every month, report to the Comptroller
General al accurate statement OF the
cash transactions OF tho Treasury of
every description. Iu the said report,
he shall state the amount of every sum
Of money which he may receive or pay
away in behalf of the State. particular
izing the person. and his Office. OF whom
he receives, and to whom he pays, as
also on what account he has received.
and for what purpose ne has paid such
sums"
Under the plain and positive prcscrip-
tions of the Constitution and lava, and
i'll view OF the existence of the condition
Of facts as bsfore stated, charged, ns ]
am, with the performance OF such i'm.
.,ortant dutiss. -ith such wc;ca. :: "a.
sponsibilities resting upon mo, with
consequences of the gravest character to
| myself and bondsmen, attendant apou
my wrongful acts, l may we'll pause ir
the exercise of my functions to inquire
into the rightfulpess and validity OF the
! claims that may be presented for pey
ment, and may we'll refuse to discharge
doubtful claims, until the attention o
the Legislature shall have been directed
to such claims. 10 act otherwise, would
be manifestation on my part of the
most wanton disregard Of the interest:
OF the State, and an exhibition Of reck
less uncoucern for the rights Of my
bondsmen.
But I am aware that, ON tho other
hand, it is claimed that the General AS
sembly having made an appropriation
for the claims against the State held by
the South Carolina Bank and Trus
Company, am thereby estoppcd fror
inquiring as to whether the claims ARE
really what they puTport upon their faot
to be; that am neither required nol
authorized 10 ascertain from the records
whether or not the consideration
namely, the pay certiicates-which j:
supposed tc lave been received by thu
State in return for the issuance of sait
bills payable, were really received an6
Cancelled; and, if SO received, whether
the bills payable presented for paymen
are really those issued in return for sucl
certificates. It is further urged that tn,
Act Of appropriation has finally CLOSED
the question of the validity Of tn,
claim, and that any consultation Of tn,