Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-04-19
seoretary Erasmus B. collins. Hso.

MILTON GREGG, of the New Albany Tn
June in a well written article of near two
columns in length, shows up the fallacious
arguments of Mr. Secretary COLLINS, in JUS
ti6cation of the high-handed outrage Of which
he is guilty in Withholding from publication
the Bill to establish Bank with Branches" /"
Mr.. GREGG being one of those whose efforts
were most strenuously exerted for the cleo
ton of the Secretary, would not be expected
to take issue with that gentleman except in a
case like the present-where the wrong is so
apparent as to Justify the severest censure.-
We extract from the Tribune one or two Of
the points raised by its editor
"He next goes on to inform us very grave
ly, that, had he been acting as Governor of
the State, (God save the mark y instead of re-
turning the bill with his objections, to be
passed over his head, he would have pocket
ed il, until after the adjournment Of the Leg
islature, and then filed it with his objections
with the Secretary of State In this he ex-
poses two things. First, an arbitrary and ty-
ranical disposition of heart and secondly, an
utter ignorance of the Constitution he has
sworn TO support If he does not know that
the law in question would just as well have
gone into force by pocketing it, (the course
he would have taken as by returning it with
his objections, to be passed over his head, it
is time he should go and learn of some of the
school-boys he may meet anywhere in the
streets of Indianapolis. They must be dull
pupils indeed that can't understand the fol-
lowing plain provision of the Constitution
- If any bill shall n be returned by the Governor
within three days, Sundays excepted after shall have
been presented 10 him, shall be law, without his sig
nature unless the general adjournment shall prevents its
return"
"This law was presented to the Governor
four days before the general adjournment
"We are next told, that had the propriety
of establishing such bank as this, been made
an issue in the election in 1854, he would
have declined the nomination of Secretary of
State. From this we ae to understand,
doubtless, that he entertains conscientious
scruples on the subject and that, as a ministe-
rial officer, he cannot conscientiously lend his
official aid in earring into effect the provisions
of law so utterly abhorrent to every senti-
ment of his heart. Now, we are opposed to
taxing any mans conscience beyond what it
can bear and would, therefore, respectfully
recommend that, if the Secretary cannot con-
scientiously place his official signature to this
law, with the great seal of State annexed,
to its publication, he should at
once resign, and let some man take his place,
who is not so tender footed. Doubtless the
world would still Jog on, and wheels of gov
eminent still roll forward, with some other
man than DR.. ERASMUS B. COLLINS at the head
of the State department. 0- 500
- -
" But the closing paragraph, in which he
intimates that he will be governed by public
sentiment, as to whether or not he will pub
lish this act with the other laws Of the session.
caps the climax of official contumacy, and
proves his utter unftness for the position he
occupies What mere ministerial officer
undertake to set himself up above the law,
and by his own will, and at his own pleasure,
nullify and subvert the law making power
Why such thing would scarcely be tolerated
in an absolute monarchy, much less where the
will of the people, as expressed through their
representatives, is supposed to be the law of
the land Why the Secretary seems to have
forgotten, if he ever knew, what are his pow
ers and duties in the premises. Let us then
call his attention for moment to the 9th
section of the act prescribing his duties
Src. s. tie shall deliver 10 the State Printer, at the
earliest day practicable copies OF all acts, joint res0lu
tos> and memorials, they are passed by the Gene raj
Assembly with proper marginal notes 10 the general
laws.
"Is there any discretion given here to the
Secretary of State to suppress such laws as he
may adjudge unwise or unconstitutional p
Nothing of the sort. And yet he tells us that
he will take it upon him to suppress the pub
lication of this law, or not, according as he
may find it popular or unpopular with the
people. He may learn, after while, that
there is such thing as impeaching an officer
for official contumacy"