Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-04-08

General CSsnIxoros's vess are philosophical
sound and .tatesmanlike. = ndisaopoi.s Journal
- - ILLusrRATfoS
The township election OF last MONDAY. =
II Dayton. Ohio. usually Republican. elect
81 the entire Democratic teke, byh handsome
majority. -
TT Toledo, Ohio. which strongly Re
publican Last fsll. has elected the Democratic
ticket by 300 majority.
Inscress upon shc FuudeA Debt Of the
state No Prsvs.seo for sss Pay
ment-
The General Assembly. at is late session.
owing 10 the absence of the Republican members
Of the House Of Representatives. failed TO make
the necessary appropriations to provide for 1.-The
payment Of the ordinary expenses Of the Govern
ment, and Of the interest on the bonds Of the
State. other than the bank bonds" The Consti.
tuition expressly declares that mo money shall be
drawn from the Treasury, but in pursuance Of
appropriations made by law" The law estab-
fishing Treasury system, passed in 1883, con
tains a similar provision. and the embezzlement
act OF 1861 makes il penal offence for the off
GERS CT State to draw any money from the Treas
ury. unless duly authorized or appropriated by
law.
There was no appropriation made by the Leg
islature to pay the interest upon the funded debt
OF the State due on the lst Of july next. The
question has arisen whether the officers of State
~ r a.
ton under any general law, to use the
funds in the Treasury for tina; purpose. The
matter vas submitted by the Auditor Of State to
the Attorney General for his opinion. As il will
appear from the opinion of that officer. which
is published herewith. after careful review
Of all the laws bearing upon the subject.
and the constitutional provisions in re ference to
the duties of the officers of State. he has decided
that the proper officers of State have authority
20 draw money from the Treasury to-psy said in
terest.
IL il the duty Of the General Assembly not
only to provide the means necessary 20 pay the in
debtedncss OF the State and to redeem the faith
which it has solemnly pledged to its credi-
tors, but TO direct or provide by law the
moneys which shall be drawn from the Treas,
ury bv her officers There is n remedy for this
failure on the part Of the General Assembly to
perform its duty. The Constitution has provided
for the exigeney by giving the Governor of the
State the authority to call special session Of the
Legislature. whenever, in his opinion, the public
interests may demand it, The opinion of the
Attorney General is very clear a. to the duty of
the State officers and hs decision will receive the
approval Of every good citizen.
The Legislature of 1876 made compromise
with the creditors Of the State for the indebted
due them In that contract the faith and
honor OF the State was solemnly pleged to
promptly paw the interest upon that Indebtedness
That pledge thus for has been promptly and hon
ornbly fulfil ed The honor. and credit and fame
OF Indiana is not surpassed. if equaled. by any
of her sister States Shall it be furnished now
by any act of bad faith-any act to sub
serve a partisan purpose? If so, it cannot
be charged the Democracy. majority
of the present Legislature are Democrats. The
Democratic members of the Legislature did all
in their power to provide for the payment OF the
Indebtedness of the State and to maintain unm
pairei its good faith. It's honor and its integrity
They passed bill raising the necessary revenue
for those purposes. They prepared bill provi
ding for the payment of all the indebtedness of
the State They remained in their places until
the last day that laws could be constitutionally
enacted The Constitution provides that
quorum of two-thrds OF each House
must be present to enact laws. The
Republicans had sufficient number of
members of the House to break quorum
and TINS defeat legislation. They made use of
that power Ten days previous to the constitu
tonil limits of the session of the Legislature they
broke a quorum. They seeded. They skulked
from the fulhllment of their constitutional ob'iga
tions WiIfully thew violated their oaihs ofofice
This revolutionary action OF the Republican
members left the Democratic members powerleSs
to pass the legislation necessary TO sustain the
honor and redeem the pledges Of the State TO
her creditors. They have no power rem
edy the evil. although willing to do So.
il they could II the interest upsn the funded
debt of the State. due on the LIST of July, is not
with the Republican party. Republican Gov
erDor has the power, and he alone. To redeem the
plightcd faith of the Stste-to preserve its fair
fame and honor unsullied 1t remains TO be seen
whether he will sacrifice honor and principle to
secure what he may think may be a party ad
vantage TO his political friends. That is the is
sue he makes and the responsibility he assumes.
SrArE OF ISpIASA)
OFFICE AUDITOR or STATE,
INDIANAPOLIS. April 2d 1863
Hon. Oscar B. Hord, Attorney General Of said
Stale:
DEAR SIR: Owing TO the dereliction of the Leg
islature. at IT. late session. 10 make the sppropr
alton necessary % pay the interest on the funded
debt OF the State. various opinions exist tn the
power Of the prvper officers of the State 10 draw
from the treasury the amount necessary for such
purpose our opinion i respectfully solicited up
on th's subject OF much importance TO the
honor and welfare OF the State.
Your obesiient servant.
y. RISriNK, Auditor.
ArroRNhN GENERAL's OFFIcEi
INDIANAPOLIS. lND. April g. 1853
Hon. Joseph RistiHe. auditor Of SLATE:
SlR: have the honor To acknowledge H.. -
ceipt ct the accompanying letter from xou 20
xhn