Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-01-23

pourpose Of testing It's validity. Th'
first has been decided, without touching
any Of the great points involved In th'
issue. The second is still, pending, an'
will, In its progress, fully test the rights o
the corporators. The Supreme Cour
have already intimatcd such an opinion
in regard 10 the adoption Of amendment
to bills upon their passage, inevitably
render the charter nullity.
In view Of all these facts, It's my solemn
conviction, that public credit aud conf
dencc can never be given TO an institution
of this character. recommend, there
fore, that the charter be expungcd from
the statute books; or, failing in this effort
that all connection between tho Bank
and the State, either by deposit Of funds
or otherwise be prohibited, and that II
be prevented from re-issuing the notes oI
the present State Bank, by the penalty cI
forfeiture Of the securities received there
for.
The charter should be promptly and
absolutely repealed, SO that no sanction,
whatever, its legal existence shall ap-
pear upon your statute books. The safe
ty Of the public funds should also admon-
ish you to prohibit the reception of its is
sues for public dues.
The Legislature owe il TO themselves,
10 the cause Of honesty and justice, to the
credit Of the State, and to the constitu-
ents they represent to take prompt and
decisive action In the premises. When
the present State Bank shall have been en-
tirely wound up and all its affairs liqui-
dated should the people then desire an
other institution to succeed il, their repre-
sentatives will come instructed to that
end, and can frame charter which,
guarding the rights Of all, shall not be
subservient to the purposes Of private
speculation. If it be good, the whole
people should be permitted to participate
in its benefits; II 1t be otherwise, it should
be promptly suppressed.
It may be said that the new institution
is now in the hands Of safe and response
bic men, and that their rights Of proper
ty should not be disturbed. In answer,
II may be stated that they purchased the
stock, with full knowledge Of the frauds;
that tho stock, instead Of passing into the
hands Of our citizens, our farmers, mer-
chants, and mechanics, as in the former
Bank, is being transferred to men beyond
our limits, who have no other interest in
the prosperity Of our state, than to. make
II the theatre Of their speculations. Nor
have we any guaranty, or assurance, that,
however. solvent the present stock
holders, the stock may not. in the FIRST
moment Of disaster, be transferred to 9TH
crs. without character, or responsibility.
With the extended powers and privi-
leges conferred on this institution-its
rights TO issue post notes, TO discount up
on deposits. and to defy the scrutiny, OF
control Of tho Lcgislatute--it is believed
that no prudent capitalist would ever In.
vest his money init
On the 3d Of July last proclamation
was issued by tho Executive, upon tho
subject Of tho appor!lonmcnt Of Senators
and Representatives. and their election
The Constitution, which Is the paramount
law Of land, provides for, and establishes
General Assembly, TO be composed OF
the members OF q Senate and House ol
Representatives, who are required to hold
biennial sessions, at the capital OF the
State, on the Thursday next after the
first Monday Of January, 1853, and on
the same day Of every second year there
after. Under this Constitution, a lcgisla-
turc enacted and established an apportion.
mont law, dividing the State into senato-
rial and representative districts. In ac-
cordancc with that law, tho General AS.
scmbly Of 1854 was elected.
The Legislature, thus elected, failed to
comply with the requirements Of the Con-
stitution, in regard to the making of prop
or laws to provide for the organization oI
a future Legislature. This neglect Of the
General Assembly does not. in any man.
ner, impair, or lessen, tho power Of the
Constitution, as to the necessity Of hav-
ing and sustaining State Legislature
Surely, the neglect Of one branch Of the
government to perform its duty, win not,
Of itself, work revolution. or destroy
tho functions Of government. 1t is, in
forming: Constitutions, an essential prin-
ciple that the government should contain
within ITSELF the power Of self.preserva-
tion.
The Executive Department is invested
with no authority TO exercise the legisla.
tive powers Of government; and, in this
instance, no legislative power was cxcrci-
sed. The Proclamation, from the ncces-
sity Of tho case, took the existing appor-
tionment, as II stood at the last election
under tho law. and recommended the
election Of members to GIL the number
necessary 10 mako constitutional Senate
and House Of Representatives, upon pre-.
cisely the same ratio and apportionmen,
which existed when the General Assem-.
bly, adjourned. In tho same number
representing the samo territory and popu'
lation as whom you adjourned, you have
assembled at tho present time.
Convened under the Constitution, cloth
cd, by the people, with the Sovereign
power that belongs to General Assembly
II is your duty 10 fix. by law, the number
Of Senators and Representatives tha
shall compose the future Legislatures, and
10 apportionment Senators and Represen
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