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

We publish this morning the opinions OF Judge
HaxxA and Judge PrnxISs. Of the Supreme
Court. upon the question presented TO the Court,
whether the Auditor Of State has any authority
TO issue a warrant upon the Treasury for the pay
ment Of the semi.annual interest upon the State
debt due on the ist Of July next. or the Treas
urer of State 10 pay said interest out Of the funds
In the Treasury without a warrant from the Au-
ditor The Court are unanimous in the opinion
that there " no law authorizing the payment OF
the interest or which would justify them in 80 20
ing A. this j. matter In which the good faith
and.rredit of Indiana l. involved, we trust the
opinions Of the Court. which We regard incostro-
ver,ible. will he carefully read ,nd consi lere by
every citizen 81 the State
In 1916 (the State having failed TO pay the In
terc.t upon the public debt Tor some years. a
csmpromise Was made with her creditors. they
releasing one half o. the Indebtedness for new
obligations AMI for the Other tho Wabash aud
Erie Canal and the lands unsold which had been
appropriated by the General Government for It's
construction the State plclring IT, faith for the
punctusl payment of the interest on the new
bonds In 1852 the Legislature. In view Of the
loose manner In which the financial affairs OF the
State had been conducted, enacted strin
zen, law prohibiting the Auditor anil Treas
urer of State from withdr wing any money
from the Treasury unless IN pursuance Of appro.
priatons m,dc ny law. The General Assembly
Of that year placed ts construction upon that ne,
by providing for the ment OF the interest upon
the State debt for the succeeding two years, In
the general appropriation bill In 1861 the Leg
issaturc passed what il known as the embczzle
ment law. providing heavy penalties for anv vio-
lation Of tho law establishing Treasury system,
which had been enacted two years previous
The Gcnerai Assembly Of 1861 also provided for
the payment Of the interest upon the public debt
for the two succeeding years in the general ap
preparation bill
There was majority Of Democratic members
In both branches of the Legislature of 1863. which
assembled in JANUARY last They were constitu-
tionaliy elected and represented the sentiments
of a majority of the people Of Indiana. Several
bills upon measures of public policy were ma
tured by the majority of the Legislature. and
were presented for its consideration. Some OF
these were Objectionable to the minority. The
Constitution requires that law be enacted
unless a quorum of each House shall be present.
and il Is made ID consist Of two thirds Of the
members Of each branch Of the Legislature. The
Constitution restricts the sessions to sixty
days. AMI all laws must be enacted within fifty
nine dfys Thirteen days previous to the sxpira-
ton OF the Constitutional term of the Legislature
and before the appropriation bills necessary
TO sust,r the State Government aud provide for
the payment of the obligations of her creditors.
. sufficient number of the Republican members
of the lower House 20 break quorum. boiled,
left the city. aud thus blocked the wheels of Lex.
islation and prevented the adoption of necessary
laws To meet the Indebtedness Of the State to her
creditors A uirority of the Republican mem
bers seeded with the full knowledge that their
Der pronounced this proceeding mean treason,
~ violative Of the constitution. "a the with
drawal of South Carolina from the Union. The
seeding Republican minority of the Legislature
went to Madison. on the Ohio river. so rs to be
able to GET out Of the jurisdiction Of the State
in case any me ,sures should be adopted to COM
pei them to return to the discharge Of their con-
stitutional obligations. and they remained away
until after the time had elapsed for the constitu.
tional enactment Of laws
The apology Of the secessonists for boiling.
was their fear that a military law would be
adopted. which they declared to he Objectionable
partition grounds not only. hut unconstitu-
toual But in this regard they are without ex
cuse. Ii they had remained i'm their seats they
could have defeated this bill by constitutional
legislative expeiients and they were also al
viset that il could not pass the Senate And if
the courts could have so decided. and thus m,de
Il . nullity Such being the case. il mrst be
conceded that their action revolution
ary. and without justification. When they
bolted il Vas with the full knowledge that their
act would defeat the passage of the approximation
bills. and thus jeopariize and involve the cridis
and faith Of the State They lefs with these
facts staring them in the face
The seeding minority tolted with the knowl
edge. advice and approval Of Governor MoRros.
a. Sou">e'fe" 'hem 10. ana luSunes them IN tnts
violation Of their oa,hs Of Office He is more
guilty than they. for they would not have taken
this revolutionary step without, his agreement to
stand by and uphold them
The time is near nj hand for The Treasurer of
State To place funds in the city Of New York 10
70 NEE, the aecruing July interest upon the State
debt The Governor. too. under such circum-
s'ssses. asked the Auditor and Treasurer of State
40 asruihe the responsibility of withdraw m 9ney
RON The treasury for that purpose, and argued
that the laws compromising the State debt were
In enee' continuous appropriation which su
thcrised them To do SO They coulJ M, ,I,..
such construction upon those acts To ,..,
this question. the President OF the s;,l;, f.,
applied for mandate directing the Aus;,o. -,
draw his warrant upon the treasury 10 nav the i,
terest. Judge FIScH. Of this circuit. 6rs, :,
lowed the mandate From this decision an an
peal vac taken to the supreme Court The
Judge then changed his decision and refused TO
Wow mandate. and from this decision an an
zeal was taken 10 the court Of last resort