Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-06-08

no tax Of any kind can be imposed" This prin-
ciple rendered tie King dependent upon the legis
lative power for tie amount Of money he might
expend bnt still left il 20 las discretion or that
OF his officers. 10 spend lie money raised BY Par
Hmeut at will-ihst - 90 apply il 70 such claims
made upon the treasury. a. he or they chose, TO
the neglect Of others The money used
where self qualification, iavoritsm and corrup
ton could be best ACCOMPLISHED while Just de-
mands upon the treasury were left unpaid
while Dsubv was az the head Of the finances
the creditors had received their dividends though
not with the strict punctuality OF modern times;
but since the victory won by the court over the
Wings. not a f,rthing had been paid. and no re
drcss granted 10 the sufferers till new dynasty
established a new system" (Macaulsy. vol. /,
D 22l Till that done the public creditors,
he SAYS were plundered. and the public revenues
wasted in extravaganza and corruption by the
court. The new system referred 60 WAS estab
lished NJ the revolution of loss, and was regarded
as Of the highest importance. What il j.
thus stated in Cresly on the English Constitution
p 293:
..in addition TO this important guarantee (the
military act , for the regular meeting OF Parlia.
ment a system 81 settling The roval revenue
established in Williams reign. Which necesstatcd
the observance Of the same constitutional prnci
pie The House Of Commons then determined
no LONGER vote To the crown certain general
large sums of revenues 20 hesppei 10 plrtiCoar
purposes according to the ROYAL discretion: but
they appropriated specific parts of the revenue TO
specific purposes Of government This principle
had been previously attempted but IL is only
since loss that il has been strictly enforced"
Saws Mr. Halam in his Constitutional History
D. $50: "This great and fundamental principle
"A II has long been Justly considered that the
money voie'l by Parliament i appropriated and
can only be applied. 10 certain specified heads Of
expenditure. was introduced. as | have before
mentioned IN the reign Of Charles | and gener
ally, though not in every instance, adopted 10y his
Parliament The unworthy House of Commons
that sat in 1865. not content with needless aug
mentation of the revenue. took credit with the
King for not having appropriated their supplies:
hut, from the Revolution. it has been the nvar
able usage The Lords Of The Treasury, by q
clause annually repeated in the apprp ration act
of every session. are forbidden. under severe pen
altes 10 order by their warrant any moneys IN the
Exchequer. SO Appropriated. from being issued for
any other service, and the officers Of the TX
chcquer 70 obey any such warrant This has
given the House OF Commons ciFectual con
troll over the executive power. or. more truly
speaking. has rendered il so much particip,tor
In that mower. thatno Administration can possibly
sub.ist without is concurrence at H. 10 this
transtercncc of the executive government (ior the
phrase y hardly too stroug) from the Crown to
the two Houses of Parliament. and especially the
Commons, that We owe the proud attitude which
England has maintained since the Revolution, 80
extraordinarily dssimilar IN the eyes of Europe.
70 her condition under the Stuarts +"
The system established. was, that all the mo.
new in the Treasury was 20 lie specifically appro
pratcI. AMI specifically applied This new and
important principle, English historians call It..
thus practically established in That country, Is
adopted. In this State. part of our funla-
mental law. mo money shall he drawn from
fiY
made 10y law Aud the abuse To be corrected by
the establishment of the principle, was, the exci
else of oilic, disoic elton IN paying ont the public
money. The purpose 10 be accomplished. was.
the giving 10 the legislative power alone the right,
and imposing upon 1t the duty of designating pc.
riodicnlly, the particular demands against the
State or other objects. 10 which the moneys in
the Treasury shall be- from time To time. applied.
and the amount TO each Opinions ATTY Gen.
Vol 2, page go And. il il a great and i'm.
portant principle not to be Tightly violated lf IL
Is doubtful whether the legislative power has ex
ercised its function in this particular. the officers
of State should not take the money from the
Treasury. See The People Va. Schoonmakcr.
81 Herman, ~ Y X. 1913 IL NAV be laid down
az maxim in constitutional government. that
officers, as general rule, should not assume to
exercise doubtful powers. Such assumption Is
the first step in usurpation. in setting M naught.
in fact. the Constitution. That step should not
be taken: for if ii s there Is danger that IL will
he followed by others in the direction till
the constitutional prohibition is entirely tro iden
under foot There is no necessity that the State
officers should assume doubtful powers. There il
no necessity that the Court in this case. should
attempt TO bend the constitutional rule in order
to create justification To those officers in the
assumption of such powers. The Constitution
has provided against this necessity by author.
ling the Executive of the State to call
the Legislature together to supply deficiencies in
legislation. There is, hence. no necessity that
the officers of State should exercise questionable
authority and dsrespect for the restraints Of the
Constitution be thus encouraged. or tho credit of
the State be dshonored. The question. then is,
is there appropriation by law of the money 20
pay the July interest on the State dcbi2 IL there
is, the proper State officers can pay il. If there
isnot, they cannot legally do so. What, then.
il appropriation bv lawg What is n definition
ofitg judicial decisions are not cited, TO sns
extent on this point. Ii has rarely arisen in the
courts of this State and vet il is of great im-
portance in the correct administration Of the gov
eminent, and ought to be definitely settled; and
when it is 30. carefully observed. There are
some things which, plainly enough. are not sew
orally appropriation. a promise bv the Gov
eminent Ia pay m0i.ey is not an appropriation.
A duty on the part Of the Legislature to make
an appropriation. is not such promise To
make an appropriation is not an appropriation
The pledge Of the faith Of the State is not ap
preparation of money with which "a redeem the
pledge Usage ofpaying money in the absence
of an appropriation cannot make an appropriation
for future payment. The question is Ia be set
tied upon the meaning of the Constitution.
Usage may be evidence of the meaning the nj
mnistratiye officers have put upon that instru
ment and such. entitled To respectful consid
Grafton but il is 10 binding Interpretation; and
the usage was in fact probably commenced with.
out much consideration. See Newell VS.. The
People, Scden. on page 81
An excellent illustration of what constitutes an
appropriation is presented ia the summary Of the
legislation Of Congress upon the subject. found
in Brightly Digest. n. AZ. under the title APP
propriations 2" That legislation is an exposition
by the legislative and executive department of
the Federal Government of the requirements of
the clause in the Federal constitution, that mo
money shall be drawn from the treasury, but in
consequence Of Representations made BIZ law" See
Brightly, p >, note VI AMI Mcconnell W. vii
cox. ] Scamm, fIlls r 359 Anappropria,ion
may be made In different modes IL may be
made by an act setting apart and specially appro
priating the money derived from a particular
source Of revenue 10 a particular purpose Our
swamp land act il Of this character. G & II,
597. Dodi vs. Miller II Ind 1873 LANCE W.
Stoner, 10 Ind. us.
Smith. in his Wealth Of Nations speaking of
exchequer bills. &c. proceeds. 3SS when this
resource L. exhausted, and il becomes necessary,