The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-02-12
certificates, properly numbered or let

l
for the reason, that, there being no evil
dence Of exchange, should said claim be
paid. the pay certificates would still be
liable to be presented fer payment, and
neither the General Assembly nor my.
self would be able to ascertain whether
or not they had already bean redeemed.
The State might, under these circum-
stances, be called upon to twice dis
| charge the same obligation.
| Let us briefly inquire into the correct.
ness of the theory that the Appropria.
ton Act works fiuaiity as to the status
OF the claim, and that nothing is left to
be dono but for the Treasurer to count
out and transfer the money. There can
be no question ns to the meaning and
intent OF the General Assembly in maxi
ing tho appropriation. It can bear but
one construction, which is this, that
only valid claims should be paid The
Act was clearly Intended to provide the
meaus for tho settlement OF the claims
OF tho South Carolina Bnnk aud Trust
Company, that were legal and binding
on the State. To deny this simple state
ment, is to assert that the Legislature
intended to make valid an illegal claim
"a proposition that is monstrous in
every aspect. Now. then, tho Legisla-
ture having provided tho means of pay
lnent, who is to stand between the State
and the claimant? Surely the State
Treasurer. BY looking ut the Act ent:-
tied IAN Act to make an appropriation
to pay the claims Of the South Curoliuu
Bank and Trust Company Is. the State
Of South Carolina" 1t Will ut once he
seen that the whole matter of idcntiGca-
tion of said claims, Of tile computation
Of the interest accrued thereon, &c, Is
madr the duty Of tue Treasurer. With
he facts before me, l Cauuot comprc-
heud III what manner it can be MAIN
.nined that my dnties in the premises
are merely ministerial.
On the contrary. those duties involve
the exercise of the fullest Judgment aud
largest discretion. It will not do 10 say
that .ho appropriation OF the money
gives tho South Carolina Bank and
Trust Company an absolute. vested
right to ii; that the moment; the Act be-
! came a law, tbs Statu lost and the bauk
acquired full title therein. for tn. his.
| tory OF our Government, State and ma
tional, proves the contrury; for, if for
any reason the appropriation laised, the
Legislature would. without doubt, do
what has aiway; been done by Congress
and by every State Legi .lature-cover
the money back into the Treasury.
In adopting the above views as to the
dnties and functions Of the State Tren.
surer, 1 have not altogether boen left to
my own ideas aud Judgment. Fortu-
nately, tho duties aud province OF the
financial officers of our Go 7erument
have been the subject of judicial in
quiry, and have been decided aud adju-
dicated again and again by the highest
tribunal of the country-the Supreme
Court Of the United States Those
views have been elaboratcly argued,
fully considered, and completely estab-
lisEed in the case OF Decatur as. Pauld.
ing, IA Pet. S. G. Rep, 497; case OF
Kendall rs United States, II Pet, 524
Brashear rs. Mason, 6 Howard's U. S.
Reports, 02; United States as. Guthrie,
II Howard's U. S. Reports, 2S4; United
States U.s. Seamen, II Howard's U. S.
Reports, 225. The relations of tho CO.
o-a!a:Ita !:-.',a'.,.. d; Stale gc.e--ccc.a,
and the restraining power of the one
upon tho other, have also been fully
considered and defined. (See Low vs.
Towns, Geo., $50; People ps. Bissell,
10 ILL.,, 229; Mauran vs. Smith, r. 1.
Rep. State of Ohio &c rel Lewis White.
man ct at Us. Salmon z. Chase, 5 9. S.
Rep, 529.
Upon a patient investigation of the
facts in the case, and careful consider
confirmed in tho opinion that l have
alton OF the law applicable thereto, I am
rightfully acted in the premises, and
that it will be unlawful for me to pay
the said claim of 5000, unless the
General Assembly shall pass an enabling
Act authorizing mo to waive tho re-
quircmer; Of the necessary vouchers.
n relation to tho instructions given
TO the South Carolina Bank and Trus,
Company, and to myself, hy the Comp
trollcr- General. (copies of which are
hereunto annexed,) would respectfully
invite attention to the law regulating
aud governing the duties of the Comp
trollrr- General, and law creating de-
pository, Or repositories, for tho public
funds.
Seotious so. 81, So and SO, of Chap
ter II. Revised Statutes, nre as follows
The Treasurer of the State OF South
Carolina shall deposit all moneys thai
shall come to his hand on account o
this State, within three days, Sundayt
exclusive, after receiving the same, il
such bank or banks in the cities of Co
lumbin and Charleston as shall be de-
signated by the Governor, Comptroller