Daily State Sentinel, Volume 12, Number 4055, Indianapolis, Marion County, 12 October 1863 — Page 4

HOTELS.

AVELI1IE HOUSE, E ,s O. AVELINE, I'ropV, Corner CnlhounandUcrrySt., (Opy.atf th Clt Hoaw.)

AGENCY.

JANCE KEP

ET?

U1J

UETZGER & STRIBLEN, REAL ESTATE AND CLAIM AGENTS, offiic n, n oad tiio' iiaii (DP STAIRS.)

ff OCS A!rOWrTS. VACANT LOT, 'AHM a5D gl Fanrdn Land honrbt and !. Loan nejciu'el ai.dMilect.on Riad. )i.lona. honait. hmek pay ai.4 all other military llafinf ttaMIhH i Rrtüch Offce at Wbfnrt', D O . ra.t faeilltea for th prompt collet-ilone fall et aim. mrw flm. abj delr4 Information tfn fr" of charge hT ealltna; ia prn of atdr Mttn u. e rcloin tarrtp.

miliary Ulrrciorf of IndlHrJnpol I, Indiana

VZCCCTiYS DirAaVTMlXT.

Paj pr Ado.

0. P. Morton, Oorernnr; Ofllea, tat Hoa; r.idice tnrttr ot Market and llllnot ta W. K Hollowaj, C''hI a rxl Privat ecrriafr to O'tyfrnor. offler, Statt Hotie; resi wfcb fl rn rr Morton W. II . H. TVrrHf. M.Jr aift MiUtary Secr-tf-y to Goe rmr. (Wik, State Huu-; reldi -.ce Lot' B'ock, on ofclo itw I W. M. Scblaler, MJr ketjlmen, lnt in olcnteera. A. 1. C to fiorertior. üflcf, , Slat Ho; taints t palmer II oue La. NoM. Adjutant General of Indiana.' Oflle, State IIoump; board at Batea Honr; t00 from the State and pay of a Col-' ouel

3,000

5,4

3,141

iL ax nTrr orncrtu or tri piktkict or IXDIAÜA AD MICIIIGA. O. B-WUlco. Brigadier G-nral of Volunteer, 0vtnmn4 flf tX-Mct f Indiana anl MicMgan. Office, Ueadqarter. rurner Maryland

twtltMMilfirUi board, al Iba Hat llmii Kobert A. Httifhin. Ciptaln and A. A. G., U. H. Voluiitrers. Ofl!ce, Headquarter; toard M blM li'WH. ... . ........... Georg C. Lyon. Major ITtb Xithijran Volunteer, l tief IttfvwtMaNbal IM-1 riet Indiana and Michigan. OnTc, Heafjnarter; boardi t Bat. iL... LCurtittmkett, M lut 2ttö Mj.Mtl.aetta Yoloo'eer. A D. C. ar.d 1'nM Adjutant. l'Oc-, Meadqaarter; lerda at Bat' tlou Wra V. klchard. lt U tu. I?ih Micr-ijan Volr.titrtr. A.C. C. OffUe, JI.adUjnprs board at Bef1ou Caari- A. Mcnibt. lt Llrut ?ib M ch. Vol. A. Ü C. OHc, Hed'uarter; board at Ea'etll -um Jonafhaa fWrrh. lt I iut. A A Inspector Jeüeral. Offltr, llf a.luartf r-; board at Hate

Hou

Jana tti.1d. t l. ?Ut Ind. VoU . I't Cmanamiant. 1 tfflr, Hea1quarteri: bari al J1J r teenn , emer tVnnMlTania and Tnkrr treeU tf. r. atad-iixm, Ii Ural. Ind. Voll Office, Foment Itarrarks C. L. kuf, 31 LieuL 71t Ind. oI. OSce, Rnrua.de Barr : J. it. l.Hnaon. Culonel V. Ä. A. and MilitaiTCowmtndfr. i'fflce. He adqnarfr, hoard at J wig Morriion'a. terminus of the Graxel ri...... JoRTk 11. Farqob r, CaptamU. A Infantry and A' t.-Military Cora. Ufflc, Headquarters; board corner Mm. areuue and New Jetxey atreet. ... J. B. Miller, Capt. 13th C.H. Inf and MuMerina: an I DiaburatnK ffleer. Office, Ueadouarters; . board at Mrt. Kindrr'a t9, Kat ahlnK-t-n atret ...... W. 11. Jordan. Capta'n th V. 9. Inf.. MkburslanOfflcr. 03ic. UeatJquartarf; loarda at Li Ua' Hotrl Jamea a. Ekin, CapUln and A. Q. I).. Acting Qur!ermater U. S.A. Office, south west corwr Wa-himrton and Sew Jrey atreeis; board a at tbe Palea Ilme 8. Lowry lloorr, Captain and A. (J. M.l. S. Vol. OWee, ; boar.S at Little' Hotel. Tbomaa K-trr, C-ptaln C. S. U. S. V. (itTic and retdritc-, outh-eat coriter TVabington and Mli pl tret. Daniel McClare, M.Jor and pa) roaster. OlWce, lobo a I'Joch. corner Wasbintctoii and Me. liitM) atraeta, up tair; boa'da at tbe Rate Houie C J. Ätet rno' M jran! Pajtnate. Oflice, Toba'a Biock; rulea corner lVunsyWatila and Tinker at reel a M. M. Bund v; Ma or and Payruter. Oftice, New'a Ba Hinir. No A i, tat WLin(ton tract; board. Bate Houe Frank Wilcoi, Captain, (EM regt. Int vol., !'ot Provost Man .al. Office and reiddence at Kotdiera llutue J. . Bobia, Siuaro, Ü. 8. uk, Medical limtor Office, ncrthf tst corner T Mar) land and Delaware atreet; reidenre. Michigan Kod,eajt fcit.... Willia n T. Wilej, Capta'n and Military Store-

keeper. Otnce, Headquarter; tesidenoe,

So. Jl Eaat ew lork etreei....

4,054 l.G3 3.14H 1,554 1.554 1, y4 2. 44 1, 334 1.3U6

2,844

1.446 1,44

1,446 1,6!

1.6C3

1,26

1,446

3.21 11"

' orricK or acting a,ista:t ruovuT mau.?hal

OKXEftAL tom. INDIANA. " Conrad Baker. Col. lt Indiana cavalry and A. A. Provnet Marbal General for 1 rid una. Of. Are. Blarkford'a Block. autheat comer Meridian and Wa-binjrtrn tr-ei, tip-Maire; boarla at No. I.T2 North Tennneee Mreet.. Jarno G. Jonea. Co. Aid ItvI. itiNntry and Suprintendeiit for Kecnilting fr?r Invalid Corp ! and commander of camp o rende vu v of. fle, lhtrtct lleaitqaarterw; buard at Bate Iloue Jahn N. Srett, Captain. 7th Ind. Tol intee' infanfry and A. A. A. G. and lucpertor. (UV.cr, witti A. A. P. M. O.; board at Macy llAue.. ; Orr htake. Captain, 39th Ind. volunteer inantry and A-.i'nt anenn'endent of kecrvitt ti'it. lo-j-ector, Ac. Ofl'ce. IMtnct Ilrad- . qnartr: bard at Mcy tlotxe 1 T. J. da la Hunt. Lieutenant and Adjutant Cnth lud. -olunierr lnfntry and SujxTintendeut of arrest of deerter. Oflice. with A. A P. M r. R. K. I ich, l.irut. and Q. M., SHd ltd volunteer lnfunt y. A. A. Q. M.and !njrtor. Of. ftc. with A. A. P. M. ii.i boards at Patterson

i rtoa

'i.hlt

i,664 1.446

1.46 1 1.4.V

OAn Of ENROLLMENT Or TIIKMXTH IuNROLLMiNT PISTRtCT

tX Braden, Captain and P.-ovm Mar-hal. Of-" Rca, MacWford'a Block, 3.1 fior. board at O. Jokmon'a, three milea north of tbe city, P.. ra Iroad ra. J. Wallace, ConmiaKr. Offloe. Blackforl'a lock; reMfn N 1! Kat Market trrt Thorn a fL Harvev. Rureon. Offlce, with Prot Marshal; board at No. 7S '" waU-

tnjtoD. atreet

Ald ln. CArtltftonHceln Stata Horie..

1.446

1,446

3.268 73.84 4.(154 .14

FOUNDRIES.

THE IIOOSIEU STATE FOUNDRY AND STOVE WORKS.

TT WAVING COMPLKirD OUR FOr IRT.K Al!K 11 now prepared to .-eceive and atifactoriT execuf nrtre for toTe and ctNtmc tei.eral ). Tbe aetuo partner ba Jut returnel from the Kat, her he ha pr-nrel tb iihM de-irable and rrfrct pattern for oo.'k and parlor o eeertntrliiced int. .1 he marke. epeclally Inrite the artention nf wholesale tove dealer ti-

thi branch of . ur buirrei. wiih a requeM tLat thev wtU

fir. a eaJl tur other work wdl end rac ir'ii front and column, (whtcb we dr-Me to mke a rm i.rr.t fca tnre in our manufactur.) railin? and mill CB'tin,:. nitar ailWau-l ', Loue work, such as ven'Üat. r. w in4t ap,tU aitd bwiiow w are, in fact ever t bin; ro 1 tired 1 1 an iron foundry. repectfully Urlt jatropafe, and tn'y protr.Ue what w can welt and pn-mptl) perform. OÄce an! KinndrT, tna o-tth Itr'uware treet, a 'Jo'nln IteJianapoli and Cinr'.nna! nd Indiana Central freiirbt lVptt, riditatKll- In.! i.a tnylJ- '"k. U)KO A rCC K.

NOTICE.

To Shippers of Tallow, Lard, Grease,

Uns, &C, CLC. rrlinKrNl'KRllGNKlMI.VVlSit H)R AMMbkUOK

J year C en Ch'r partk-idar atrtte. t the aale of

Iba arwTi arti'e, fori f onRJrnt i.f ! i rir aNi'lt y to jxe ftlffti-itimett eut toem on trry adraitijeou

term Ary wr on oim rar eeair orcotar can

hav tbem arati by arnaina irrir Mrr. to ABKAM KM..HT A ON, janey-!Cm 3'2 Uatrr 't'eet,Nrw (,r. OCULIST. "

Unrmen Tlarh, lrulit. HAS PEhMANKMTLY LOCATkl AT IMMN.!tI.ll INDIANA. OJUCR IN KLACKPORD'S BUILDING, SKCOND ?wr, vr Iba AmrrKan kipre (JCke.

J. E. McIals. ltKlianapvJi A. L. Kora, Indtanapoita. Gaowtoat TntacT, Ibdianapoll. Jon VT. PaiTTf. Waba-b. J. D Mc!aU. Attlca. T. D XiCaaTV. Wibuh, M. M. Muavat, Attlra. Ca)AA.8aiaa.Mabab. V. K. PtTsaa, Mancie, CaaBtaBPaaawB'ix.CLK'aa-o. til. Jaaiaa Srcaaa. Ifaretie, Ind. fieaiderce No. lit. North Mervlias Mreet. aprJ-d3iB.

9

Submitted to the Indiana State Senate, March ö, 16G3. Mr. William, Chairman of the Committee on Finance, submitted the following report: Mr. President: The Committer on Finance, to whom was referred the following resolutions, to-wit: Resolved, That the Committee on Finance be instructed to examine and report whether the on hundred thousand dollars appropriated to the Governor a.s a Military Contingent Fund, has been expended in accordance with the intent and meaning of the law making 5aid appropriation. Resolved, That the Committee on Finance be instructed to examine and report whether in their opinion, thf-re has been any violation of the embezzlement law, and if so, at what time, and by whom, with leave to report by bill or otherwise; Make the following report of their investigation, and respectfully submit the same to the Senate: On th 17th day of April, 18G1, the Governor, Auditor, Treasurer, and Secretary of State, efltctcd a loan of twenty.five thousand dollar from bankers of thi city. This was done before any law was passed authorizing the loan, but of that the committee ha no disposition to complain, as the officers, of State were acting on a pressing necessity, and for proper and praiseworthy purposes. In all our investigations it will be the aim of the committee to deal candidly with all matters coming before them. For the purpose of legalizing the loan thus made, and making payment thereof, the following bill was passed and approved on the 4th day of May, 1SG1: " An act to legalize the act of the Auditor of State in depositing certain bonds of the State in the Branch at Indianapolis of the Bank of the State of Indiana, as security for twcnty-live thousand dollars, borrowed by the Governor, Secretary, Auditor, and Treasurer of State, and to assume and to provide for the payment of said sum of money by the State, approved May 4, 18G1. Section 1. Be it enacted by the General Assembly of the State of Indiana, That whereas it became necessary, in order to comply with the requisition for troops, recently made by the President of the United States to procure a large mm of money for the use of the State, before the General Astembly could be convened; and whereas, the Governor and Auditor, Treasurer and Secretary of State, upon their own private credit and responsibility, borrowed from the Branch at Indianapolis of the Bank of the State of Indiana, for the use of the State, the sum of twenty-five thousand dollars, to be expended for and on behalf of the State, in paying the expenses incurred and to be incurred, in raising and sustaining troops, in compliance with the said requisition of the President; and whereas, the Governor, and other officers of State aforesaid, gave their promissory note for said sum of money, dated April 17, 1801, payable on demand to the order of C. L. Stevenson, Cashier of said Branch Bank, with interest, and to secure the payment of said note, the said Auditor of State deposited in said Branch Bank five per cent, bonds of the State of Indiana, to the amount of thirty thousand dollars, therefore, the borrowing of the said sum of twenty-five thousand dollar, and the depositing of said bonds as security for the payment thereof, as above recited, are hereby declared to be legal and binding upon the State of Indiana, and the debt contracted as aforesaid is hereby assumed, and shall be paid by the State of Indiana out of the Contingent Fund of the Governor, appropriated by this General Assembly for the purpose of defraying the expenses of responding to the Proclamation of the President of the United States, for troops; and if no funds specially provided for the purpose of paying said debt, should be in the Treasury when it becomes necessary to pay the same, then the said debt shall be paid out of any money that may be in the Treasury, and not otherwise specifically appropriated. Section 2. There is an emergency which requires that this act should take effect immediately, and it is therefore enacted that it shall take effect and be in force from and after its passage. The Senate will see that the twenty-five thousand dollars, borrowed from the bank of this city, before the meeting of the extra session of the General Assembly, was ordered by law to be paid 44 out of the Contingent Fund of the Governor," or if there be none of that fund, uthen that said debt shall be paid out of any money that may be in the Treasary, and not otherwise specifically appropriated.' One of these modes of payment only could be legal. The sequel will show how and from what fund the same was paid. In prosecuting the history of the 1 tws appropriating moneys for the payment of the war expenses assumed by Indiana, we find the following enactment, passed by the General Assembly, and approved on the b'th day of May, 1861 : "An act making an appropriation to defray the expense of preparing to respond to the call of the President of the United States for troops, approved May G, 1SG1. Section 1. Be it enacted by the General Assembly of the State of Indiana, That the sum of one hundred thousand dollars be, and the same is hereby appropriated to the Governor's Contingent Fund, for the purpose of paying the expense of calling out and sustaining the militia, under this requisition of the President of the United States, and that the same shall be drawn on the order of the Governor, specifying the articles, and from whom purchased, the services rendered, and by whom, and that said order shall be in the Auditor's office before a warrant is issued therefor, except in such cases where the same may be deemed expedient by the Governor, but that he keep a detailed statement thereof, and report to the ensuing General Assembly, all disbursements by him made out of said fund, specifying each item thereof. Section '2.- It is hereby declaretl that an emergency exists for the immediate taking effect of this act, therefore it shall take effect and be in force from and after its passage." Out of this ample appropriation of nn hundred thousand dollars, it was expected that all expenses which had been incurred would have been paid, and certainly that the Governor would have allowed that the requirements of the law of M ty -l, 18G1, directing the payment of the loan of 8:20,000 out of this fund. That was a reasonable expectation, because it was a lawful one. It was specially appropriated "for the purpose of paying the expenses of calling out and sustaining the militia" Jcc., and the twenty-five thousand dollars was borrowed in advance for that purpose. On the Jlt of May, I8t51, the Senate adopted the following resolution: " Resolved, That the Governor be requested to furnish a detailed statement to the Senate of the expenditure of the one hundred thousand dollars appropriated for a contingent fund to the Governor, at the commencement or the present General Assembly." To this resolution the Governor returned the following reply, June 1st, 1SG1 :

State of Indiana, Executive Department, Indianapolis, June 1, 1SG1.

To the Senate of the State of Indiana: At 8 o'clock last evening, a resolution passed by your honorable body, calling upon me to give a detailed statement of the expenditures of the one hundred thousand dollars appropriated ns a military contingent fund to the Governor, was laid before me. In the brief eriod allowed for the answer, it will be impossible

to give all the items, which would involve an examination ef over two thousand voucher?. These vouchers are on file in the office of the State Auditor. From the records in my office, a general statement can be given. On the 4th day of May last I drew from the treasury, on accouut of said fund, the sum of 10,000; of this amount, 60,000 was immediately paid to J. II. Vajen, Quartermaster General, on account of debts already accrued ; G16 63 was paid for telegraphing; the balance, 83 3S3 37, was deposited to the credit of the Stote, as a reserved contingent fund, and is still unexpended. Since that time I have examined and passed vouchers to the amounts 8133,177 78. Of this amount ö,000 was paid by a loan made from the bank before the meeting of the Legislature. The above sums were all expended for subsistence, clothing, equipments, and transportation of the troops raised in this State, for State and Federal purposes, and incidental expenses connected therewith. It xcill be seen that the fund is exhausted. This results from the fact that the troops were on hand and had to be provided for, and that the second appropriation was not made until the 30ih of May two days ago. All of which is respectfully submitted. O. P. MORTON, Governor. Here, on June 1, 1S61, less than thirty days after the passage of the act granting one hundred thousand dollars for the Governor's contingent fund, that officer reports to the Senate that uthe fund is exhausted,' leaving the impression that it had been all paid out in obedience to the law, and for objects which the law contemplated. This statement was received without any doubt of its accuracy, and especially as the Hoive of Representatives sent to the Senate, on the 29;h day of May, 1SG1, a bill appropriating a further sum of twenty-five thousand dollars for the Governor's contingent fund. As the General. Assembly had already passed an act appropriating one million of dollars for the general purposes of the organization of troops, this body did not see the propriety of granting any further special fund to the Governer, and the bill from the House failed to receive the sanction of the Senate. Thus matters stood at the close of the extra session, and the further history of the Governor's contingent fund is disclosed in the Auditor's report, on the first of November, 1SG1. In that report Auditor Lange says: From a report submitted to the Legislature, at the extra session, it would seem that Governor Morton labored under the impression that the first 6100,000, charged to the military fund, had been chtrged to the " military contingent fund.' Twt nty thousand dollars of this being a loan to the General Government for the support of troops, made by the Governor, was properly charged to the ''military contingent fund." The rest was properly charged to the military fund, as will appear from the vouchers on file at this office. It will be discovered in the above extracts from the Auditors report that when he speaks of the "military contingent fund," he means the "Governor's contingent fund." This should be borne in mind, in order to understand the condition of these several funds at the time to which this investigation refers. There has been manifest irregularity in the manner of drawing on these separate funds, and the Governor and State officers do not seem to comprehend that system and regularity are essential to conducting properly the affairs of the State at a time like this. Wc will cite briefly some of these irregularities as a sample of others. Forinstance: Warrants Nos. 2,941, 2,912, 2,943, and 2,944, were drawn upon the Governor's contingent fund, on the 20th, 2 1st, and 2'2d days of May, 18G1. On the 21st day of May, 1801, Governor Morton, by warrant 3,197, in favor of "V. S. T. Morion, who had furnished " accoutrements,' drew upon the Governor's contingent fund for 9,750 7o. All these payments are charged up to this " military fund," and nof to the fund upon which they were drawn. This is shown by the books of the Auditor and Treasurer of State. The "military fund" did not exist at the date of the warrants, and no money existed by which to pay them, for the law appropriating the sum of one million of dollars for this "military fund," did not pass till the last days of May, and was approved only on the 31st of that month. By what authority the change was made, or for what purpose, the committee have no means of knowing, but the whole operation seems to be both irregular and unwise. The statements of the Governor, on the one hand, and the statements of the Auditor and Treasurer of State on the other, do not harmonize. The Governor's report to the Senate of June 1, 1861, says the contingent fund "is all exhausted," while the Auditor says that only 8-0,000 dollars of that fund was expended, and that sum was drawn out by the Governor himself. The Treasurer of State, in reply to a resolution of the Senate, says, under date of January 20, 1863, "there has been paid out, for war purposes, between the days specified, (the 17th day of April and 30th day of May, 1861,) out of the contingent and military contingent funds, 847,170 83; out of the military fund $49,819 9,3. olIt 0f the State arms fund 812,232 59. I have no means of knowing the precise amount devoted to war purposes out of the above sum of 847,170 83, as the accounts of the contingent fund proper, and the military contingent fund, were blended together." This is the testimony of the Treasurer of State; and the committee cannot but believe that blending together funds specifically appropriated, and for objects so dissimilar, is liable to great abuse, and should be discontinued altogether. Irregularity commenced at the vcrv outset of the war expenditures. The bank debt made before the assembling of the extra sessicn (82-3,000), and which was drawn for against the " Governor's contingent fund," was never charged to that fund at all, but has been tiansfcrrcd to the general military fund, and the same paid out of the treasury, as we conceive, without the warrant of law. To decide this point, it is only necessary to ask, "was the Governor's contingent fund in such a state that this 62"3,000 could be paid out of moneys remaining unexpended ?'' The committee, on the -authority of the Governor, the Auditor, and Treasurer of State, unhesitatingly declare that it was able to discharge that debt. Auditor L'ingc says, in his report of November, 18G1, that the Governor's contingent fund had been drawn on but for 820,000, and Mr. Harvey, the Treasurer, says that the contingent and military contingent funds onty contributed 847,819 96 previous to May 30, 1861. All the testimony is, that the Governor's contingent fund was ample to discharge the bank debt. Why was not this done, as the law required? Considering this whole matter in a dispassionate manner, the committee are bound to declare that, in their opinion, the law has not been complied with, nor its authority respected. In regard to the second resolution of the Senate, directing the committee to inquire and report whether there has been any violation of the embezzlement laws, and, if so, at what time, and by whom ? The committee, for a full understanding of these laws, will refer the Senate to the sections which impose penalties for such offenses. Before doing so, however, it is proper that wc should refer to the legislation which preceded and followed this enactment. On the breaking out of the rebellion which has led to military operations, the General Assembly pissed an act appropriating 81,000,000 for the purpose of organizing and equipping troops in this State. We copy below the first and fifth sections of this act, in order that the Senate can comprehend the intentions of the legislative authority of Indiana. They are as follows :

An act making additional general appropriations for the years 1S01 and 1862, and defining the fund from which they arc to be paid, and providing for a committee to audit claims ujon said appropriation, and providing forthe expenses thereof, approved May 31,1601. Section 1. Be it enacted by the General Assembly of the State of Indiana, That the sum of $1,000,000 be and the same is hereby appropriated to defray the expenses growing out of the insurrectionary condition of a portion of the United States, and in. enlisting, maintaining, and subsisting troops, and providing munitions of war, including, also, the expense of this session of the General Assembly. , Sr.c. 5. That there shall be appointed a committee, consisting of two members of the House and one of the Senate, to be denominated an Auditing Committee, whose duty it shall be tojncct nt Indianapolis monthly, and examine and audit the accounts of the Commissary General and Quartermaster General, and another accounts, either for pay of men or materials of any kind purchased and designed to be paid for out of the appropriation made in the first section of this act; and the Auditor of State is expressly prohibited from paying any claim of any description whatever, trxcept for legislative expenses, out of the appropriation made in the first section of thjs act, until said claim has been audited and certified by said committee, or a majority of them. This law is very plain, and no man or officer, unless he intends to disregard the plainest provisions of law, can mistake or misapprehend it. It left nothing to the choice or caprice of any officer of the State government. It was mandatory. It would be very difficult to frame or employ language to express a wish more clearly. And yet this right of the General Assembly was called in question, and the people's representatives defied and placed at bay by the officials which then had charge of the departments here. There could be no question of the power of the Legislature to constitute this Auditing Committee, composed of members of both branches. The Courts have so decided. This feeling of resentment against the legislative power of the State has been inaugurated for no worthy purpose, and it is for the people to apply a corrective. Men occupying executive and other departments and positions at the scat of the State Government, have but too. often interposed to stifle the rightful course of legislation, and to tell the" Representatives and Senators who arc sent up to make and enact necessary and wholesome laws, what shall be done and what shall not be done everything is expected to bend to the one man power, and all attempts to put a check upon extravagance and arbitrary rule is met by a scowl or repelled by official insolence. This Auditing Committee was refused all power or access to a discharge of its duties, and it w not till the Courts had sustained the law that these Representatives were allowed to enter upon the discharge ol their functions. The same spirit which prompted this gross interference in the legitimate action of the last General Assembly is equally active in stifling off those now here with fresh indorsements of the people. The provisions of the embezzlement acts arc intended for :i wise purpose, and it is obligatory on all men who assume the duties of public place and position to see that they arc enforced. Those provisions are simple and to the point, as follows: Sec 8. If the Auditor of State shall draw any warrant upon the Treasurer of State, unless there be money in the Trcasrry belonging to the particular fund upon which the same is dr.vn to pay the same, and in conformity to appropriations made by law, he shall be deemed guilty of a misdemeanor, and upon convection thereof shall be fined in any sum not less than one hundred dollars

nor more than one thousand dollars, and be imprisoned iji.thc county jail not less than one nor more than six months. ; Sec 9. If the Treasurer of State shall use the money of any particular fund, or the money appropriated by law for any particular purpose, to pay any warrant drawn upon any other fundvr appropriation, he shall be deemed guilty of a misdemeanor, ancyupon conviction thereof shall be fined in any sum not less than onv hundred dollars, nor more than five thousand dollars, and be improncd in the county jail not less than one month nor longer thjin six months. This committee has no disposition to speak unkindly o! those who forgot the laws of the State, but there is so much at stc.ke, in times like these, when the money of the people is scattered roadcast, that this Senate would be unmindful of its duty if it failed to condemn those departures from duty which are so glaringly, manifested of late. There never was, in the history of legislatjm, an enactment so much needed as the one fromjwhich we extrac t two sections, as abovej. It was designed to protect the Treasury ,of the State, and to save the means oi the people from the deprcdatfons of officials placed in'charge of their moneyed affairs. The embezzlement law is a good one; but how has it to be observed ? Let us come to! the facts. On the 4th day of May, lStfl, the General Assembly passed an act which we place in full at the beginning of this reporr, in which the borrowing of the 825,00' from a Bank of this city, by the Governor, cVc, is legalized, and it nakes an appropriation pn May 6, of 100,000, to be known as th-J Contingent Fund of the Governor, and provides that the said 85,000 thus borrowed shall be paid out of that fund. Has this beenfdone? Has that law been complied with ? Not at all. On the contrary.

llUf XUl IjrjtXI 1 V lllwljj' VAC J O III CI IUAILII AWVIV- iiw . any sort authorizing the " Military Fund," and yet when tip appropriation of a million of dollars is voted by the General scmbly, the Auditor of State, out of this fund, pays the loan of 845.000 while he had 880,000 of the Governor's Contingent Fund onihand, and from which he was directed to pay the borrowed momjv. If this is not violating the law, and taking money from one appropriation and applying it to another, then it is useless to put hriman laws in plain language to guide public men. The committee wish to be perfectly respectful to a co-ordinate branch of the Government, but it does seem to them that this is an infraction of all the forms and spirit of that law, and should receive the notice of this Senate. It will also be seen, by the tables annexed, that large ord.'rs for money were drawvi, from time to time, on the Military Fund timing the month of May, and before any appropriations were nWic for the purpose. The Auditor and Treasurer were aiders in tlesc irregularities, and in this have come short of their duty to the.State and her laws. ! It is but right that notice be taken of these departures from a strict administration of the department at the seat of Government, 1 . t.1rXl m m wMt j'xs'ks- .mna r t 1 am no rr? i fi anr ant rthra art f

and it would be a -.rare instance of human folly to spend millions upon millions for Jueh a purpose, and yet permit our Governor and State officials to disregard those of our own General AssemWy, instituted as these liw were, for the protection of the public treasury. The committee arc aware, and properly consider the embarrassments under whicji the State officials labored in May, 18Gl, and would not harshW judge either them or the acts referred to: they would not willingly add an undeserved reproach, or recommend a harsh measure, but the committee is forced to the conclusioh that it was the duty of the Auditor and Treasurer of State to frankly acknowledge that, their action was irregular, and, at the same; time, invoke for it, such legislation as would vindicate the law, and release them from all intejitional or covert violation of the solomn enactments of the General Assembly. ' -Respectfully submitted, . J. D. WILLIAMS, Chaxrucn. i P. HOAGLAND, 5 AUG. BRADLEY, FRANKLIN LANDEIJ9, I H. K. WILSON. t