CONTINUED. Amount of warrants drawn on the above within the two last fiscal years, 66 66 66 66 6. 66 including special act for Switzler, Revenue, 140,384 82 18,076 56 66 9,212 74 66 66 66 Road and Canal fund, 87,963 71 Balance in the Treasury on the 1st day of October, 1838, COMMON SCHOOL FUN D. On the 1st day of October, 1838, Amount received from the United 242 68 Common School 411,726 17 66 Interest on three 1,000 00 State Loan for $382,335 30 Amount received of Saline Fund, (to wit:-) 66 STATE DEBT. 66 66 The State debt on the 1st day of October, 1538, consisted of:- 51 Bonds of the State bearing an interest of 6 per cent. $500,000,00 564,856 18 382,335 30 50,000 00 1,397,191 48 The sum being the amount of debt due by the state principal) and interest to the Seminary & Saline funds, up to the time of their investment in Bank, on the 12th April, 1837, and ( the loan for Building Capitol, ESTIMATES. The following are the estimates of the receipts & expenditures Amount to be paid into the Treasury, 1st fiscal year, $82,000 00 90,000 00 To which add balance in Treasury 1st Oct. 1838, $172,000 00 39,984 87 $211,984 87 $139,631 27 In the above estimates are not included a number of accounts which have been audited and allowed, but not paid for want of appropriation by law to pay the same, and certificates (in part) granted to that effect; among them are the salaries of the Civil Officers due on the 30th September last, none of which have been paid. The appropriations which have been expended, (and on which there are many claims, and doubtless will be many more, as the collectors of the present year come in to make their annual settlements) are, the General Contingent, Fund, pay of Civil Officers, pay of Assessing &c. Revenue, Public Printing, and contingent expenses of the Penitentiary. I would most respectfully suggest to the General Assembly, the necessity of making provision for the payment of accounts which may come in under the above heads of appropriation (as many of the Collectors will have such gainst the State, and will depend upon them in part to complete their payments into the Treasury,) which can only be done by warrants on the Treasuury in most cases, and those warrants can only be drawn where there are appropriations, although the claims may be allowable by law. If the Auditor is right in his estimates, it will be seen that the receipts into the Treasury for the two next years will be amply sufficient to defray the ordinary expenses of Government during that time--this calculation is based however on the supposition that there will be no alteration in the rate of taxation nor in the number of the objects taxed. The expense of assessing under the present law makes a very considerable item in the Treasury. The county courts who have the allowance of the accounts of the Assessors, (too often it is apprehended,) audit and certify them without that strict examination which the nature of the case would seem to require, the Auditor is led to this conclusion, from the fact that in some instances, accounts have been allowed for more time than there were working days between the date of commencement and the termination of the services charged for. I herewith send you the copy of an account which has been suspended for that reason, and on which the action of the Legislature is respectfully requested. Would it not be better that a part, if not the whole of the expense of assessing should be paid out of the County Treasuries? If this were the case the courts, no dobt, would look well to the Assessors, that they performed their duty and did not charge for a longer period than was absolutely necessary for the performance of that duty. The great expense arising out of criminal prosecutions, seems also to call for some attention of the Legislature. The increase in this item has become very considerable, and under the law of the last General Assembly regulating costs in criminal cases, now and unusual charges have been made out, presented to and allowed by some of the courts of the State; connected with this subject, is a case which the undersigned deems it his duty to bring to the con sideration of the Legislature:-On the 23d day of January, of the present year, there was presented at this office to be audited and paid, an account against the State, which was duly certified as having been made out under the direction of the Judge, and Circuit Attorney of the 9th judicial Circuit, for services rendered and performed by a Sheriff in guarding a jail or a prisoner confined in a Coun ty jail, amounting to the sum of $389 25, which account was rejected by the Auditor, who at the request of the party concerned endorsed his reasons for his refusal to audit and pay the same; afterwards this same account with the Auditor's reasons of refusal endorsed thereon, was again presented to the said court, and upon such presentment a mandamus nisi was awarded against the Auditor, and immediately after the receipt of the writ to audit and allow the said account against the State, or shew causé to the contrary-To this writ the Auditor made a return, a copy of which, as also of the writ are herewith sent for the inspection of the Legislature. Would it not be expedient and proper, that the powers of the Judiciary, and the Auditor of Public Accounts, should be more clearly defined in matters of this nature? All of which is most respectfully submitted, HIRAM II. BABER. · On motion of Mr. Rawlins, (The reading of the above report being dispensed with) Resolved, That five hundred copies of the same be printed for the use of the members and officers of the Senate. On motion of Mr. Campbell, Rsolved, That the above report of the Auditor of Public Accounts, together with the accompanying documents, be referred to the committee on Ways and Means. Mr. Sterigere submitted the following: Resolved, That when any paper shall be directed by the Senate to be printed, the number of copies printed shall be fifty, unless otherwise ordered by the Senate, Which was adopted. Mr. M'Daniel offered the following: Resolved, That (the House of Representatives concurring therein) a joint committee of three on the part of the Senate, and on the part of the House of Representatives, be appointed to investigate the report of Col. Z. Taylor, of the United States army, of the battle fought on the 25th December, A. D. 1837, in Florida, by the regular army and Missouri Volunteers and also the reply made by a portion of the oficers of the Missouri Volunteers to said report, and such official correspondence as may have been held hetween the officers of said Volunteers and said Taylor, together with all such matters as pertain to said campaign, with power to send for persons and papers, and witnesses; with power to examine witnessess on oath, and to report the result of said examination to the two Houses of the General Assembly; which, On motion of Mr. Turner, Was laid upon the table until to-morrow. Mr. Jones of Cooper, from the joint committee on Enrolled bills, reported, That the committee had examined and found truly enrolled, An act appropriating money to defray the expenses of Government. Message from the House by Mr. M'Culloch, Mr. President The House have adopted the following resolution: Resolved, That so much of the Governor's Message as relates to the recent difficulties betweeen the people called Mormons, and a part of the people of this State, be referred to a select committee of seven members, to act jointly with such committee as may be appointed by the Senate, with instructions to inquire into the causes of said disturbances, and the conduct of the military operations in suppressng them; with power to send for persons and papers. The Speaker has signed an act entitled An act appropriating money to defray the expencses of Government, Which is herewith transmitted to the Senate, with the request that the President of the Senate sign the same. Mr. President Signed said bill, and it was delivered to the committee on Enrolled Bills, to be presented to the Governor for his approval and signature. The Senate took up the resolution of Mr. Campbell, relative to spreading upon the journal the reports presented to the Senate, which had been laid on the table, Which was decided in the negative, and the resolution disagreed to by the Senate. On motion, The Senate adjourned. FRIDAY, NOVEMBER 23rd, 1838. The Senate met pursuant to adjournment. Mr. President, Laid before the Senate the following communication from the Governor: EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, To the Hon. the Senate of Missouri: GENTLEMEN-I have this day approved and signed a bill entitled "an act appropriating money to defray the expenses of Government. Most respetfully, Your Obt. Servt. LILBURN W. BOGGS. To the Hon. FRANKLIN CANNON, President of the Senate. Mr. Darby presented the petition of J. Livingston Vandoren, Augustus Pease and John B. Fish, praying to be incorporated under the name and style of the Missouri Saline company. The reading of which was dispensed with, and On motion of Mr. Darby, Referred to the committee on Internal Improvement. Mr. Rawlins, from the select committee to enquire into the state of the Library, submitted the report of the committee. The reading of which was dispensed with, and the Secretary required not to spread the same with the catalogue of books, upon the Journal. Mr. President, Announced Mr. Gorham, as added to the committee on engrossed bills, and Mr. Grimsley, as added to the committee on Internal Improvements. Mr. Turner asked and obtained leaved to introduce a bill supplemental to an act, concerning Guardians, Curators and Minors, approved Jaunary, 2nd 1835. Which was read the first time, and Ordered to a second reading. Mr. Darby asked and obtained leave to introduce A Bill, empowering the county court of Franklin county to erect a toll bridge Which was read a first time, and |