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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 166   View pdf image
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166

viaipns in the Constitution as will prevent the
existence of such a difficulty. Some method
must either he provided there, or the matter
must be left to that common law which the
great expounder of the Constitution has laid
down in the case of Luther DS. Borden, as the
American doctrine. There is no practical
difficulty, however; for, in this age of the world,
no man will so clog the wheels of govermen-t as
to stay progress or prevent improvement. With
us, danger is to be apprehended rather from
a contraiy source. We need brakes — we are
going too rapidly.
Mr. D. then proceeded to speak of the right of
revolution, as recognized (for extreme cases,)
by the Constitution,
But gave way to a motion that the Convention
adjourn.
The motion having been agreed to, the Con-
vention adjourned until to-morrow morning at
] 1 o'clock.

FRIDAY, January 31st, 1851.

Prayer by the Rev. Mr. GRAUFF.
The roll having been called — no quorum was
present.
Mr. MICHAEL NEWCOMER. I move a call of
the Convention.
The PRESIDENT. The roll has just been
called.
Mr. NEWCOMER. How then are we to get the
members here ? I suppose the proper plan will
be to send the officers of the Convention for
them.

After some conversation, the President direc-
tefcthe Secretary again to call the names of
those members who had not answered on the
first call of the roll.
The names having been accordingly called,
and a number of members having entered the
hall, ad interim, a quorum was found to be pre-
sent.
The journal of yesterday was read and ap-
proved.

The President Jaid before the Convention a
communication from the Treasurer of the State,
relative to the interest on taxes which has been
remitted by the Executive under the provisions
of chapter 207, of December session 1842, as re-
quired by the order of the Convention of 3r£
inst.
Which was read, and
On motion of Mr. BROWN,
Ordered to be printed.

TREASURY DEPARTMENT.

Mr. McLANE, chairman of the committee on
the Treasury Department, submitted the follow-
ing report :
The committee appointed "to consider and re-
port respecting the Treasury Department,"

REPORT.

Article 1st. There shall be a Treasury Depart-
ment, consisting of a Comptroller chosen by the
qualified electors of the State at each election of
members of the House of Delegates, and shall
receive an annual salary of three thousand dol-
lars; also of a Treasurer to be appointed by the
two houses of the Legislature at each session
thereof on joint ballot, who shall receive an an-
nual salary of two thousand dollars; and neither
of the said officers shall be allowed or receive
any fees, commissions or perquisites of any kind
in addition to his salary, for the performance of
any duty or service whatever, In case of a
vacancy in either of the officers, by death or
otherwise, the Governor, by and with the advice
and consent of the Senate, shall fill such vacancy
by appointment to continue until another elec-
tion by the people or a choice by the Legislature
as the case may be. The Comptroller and the
Treasurer shall keep their offices at the seat of
Government, take such oath and enter into such
bonds for the faithful discharge of their duties as
the Legislature may prescribe.
Art. 2rf. The Comptroller shall have a general
superintendance of the fiscal affairs of the State;
digest and prepare plans for the improvement
and management of the revenue, and for the sup-
port of the public credit; shall report estimates
of the revenue and expenditure of the State, and
superintend and enforce the collection of all
taxes and revenue; adjust, settle and preserve all
public accounts, decide on the forms of keeping
and stating accounts, and grant, under regulations
prescribed by law, all warrants for moneys to be
issued from the treasury, in pursuance of appro-
priations by law, prescribe the formalities of the
transfer of stock or other evidences of the State
debt, and countersign the same, without which
such evidences shall not be valid; he shall make
full reports of all his proceedings, and of the state
of the Treasury Department within ten days after
the commencement of each session of the Legis-
lature, and perform such other duties as shall be
prescribed by law.
Jlrt. 3d. The Treasurer shall receive and keep
the moneys of the State, and disburse the same
upon warrants drawn by the Comptroller and
not otherwise; he shall take receipts for all
moneys paid by him, and all receipts for moneys
received by him shall be endorsed upon war-
rants signed by the Comptroller, without which
warrant so signed, no acknowledgement of money
received into the Treasury shall be valid. Upon
warrants issued by the Comptroller; he shall
make arrangements for the payment of the inter-
est of the public debt, and .for the purchase
thereof on account of the sinking fund. Every
bond, certificate or other evidence of the debt of
the State, shall be signed by the Treasurer and
countersigned by the Comptroller, and no new
certificate or other evidence intended to replace
another shall be issued until the old one shall be
delivered to the Treasurer, and authority execu-
ted in due form for the transfer of the game, shall
be filed in his office, and the transfer accordingly
made on the books thereof, and the certificate or



 

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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 166   View pdf image
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