Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-09-14
the State Auditor and Treasurer
Cenanrn hlel

The meeting of the war Democracy" held at
Indianapolis 90 the 20th Of August, passed the
Following resolution:
liz That we VIII sustain the integrity and credit Of
the National and State Governments, and we denOunee
tue State Agent, Auditor and Treasurer for their willing
ness 10 ~repudiate the pubic debt and sacrifice the honor
and credit OF the Slate to minister 10 partisan aggran-
dizement and privats emolument."
The resolution was reported by the Commit
tee on Resolutions, and it WAS passed unani-
mcusly by the meeting That meeting was com
posed of men Of intelligence. There were law.
yers on the committee who are presumed to know
what is the law They assumed to censure the
acts OF State officers. Were they honest or dis
honest in their course7 This question can only
be determined by the law and the facts. If the
Auditor and treasurer have complied with the
law m every respect, and have strictly observed
their oaths as guardians of the State treasury,
Their are the Committee on Resolutions deliberate
slanderers of faithful public servants. Let the
facts decide.
The law 6sec. Z. p. $50, Acts 1853. says:
"The Treasurer of State is expressly prohibited from
paying any money out Of, or transferring any money
from the treasury of State, except upon the warrant Of
the Auditor"
The law (sec. 8. p. $50, Acts 1859 } says:
"The Auditor Of State shall at no time draw a warrant
upon the Treasurer of State unless there be money
in the treasury belonging to the fund upon which the
same is drawn to pay the same, and in conformity to APP
preparations made by law"
The law is thus clear that the Auditor must
not draw. or the Treasurer pay. a warrant. not
authorized by law
To make this more imperative upon the
Treasurer. the Legislature at its next session,
(sec 3. D l13. Acts 1861 enacted:
"f the Treasurer of State shall pay out any public
money in other manner than is prescribed by law, be
shall be guilty. of a m~isdemesnor. be fined not less than
$50 nor more than $500, and be imprisoned in the county
prison not less than one YEAR"
The Iauiolafuro IN arf,r.a fIa ,oosr f,.,kC.l
discharge of duty by The State Auditor, (sec. 8.
p. ia, Acts 1861 enacted:
little Auditor of State shall draw any warrant upon
the Treasurer of State, unless there be mony in the
treasury belonging tn the particular fund upon which the
same is drawn, and i'm conformity TO app OPERATIONS made
by law. he shall be deemed guilty Of a miSdemeanor, and
be fined not less than 500 nor more than 81. 200, and be
imprisoned in the county Jail not less than one nor more
than six months"
Such are the regulations and penalties under
which the State Auditor can alone draw. and the
State Treasurer pay, warrants upon the Treasury.
Ii Is well known that the Republican members of
the Legislature, last winter, ran away from Indi-
annapolis before the passage of laws appropriating
the money to make four half yearly pay ments of
interest on the State debt. The Constitution
limited the term Of the Legislature, and its ses
sion expired without an appropriation Of money
to pay the interest Gov. Morton refused to call
an extra session of the Legislature 20 make the
appropriation. claiming that the State debt ar
rangement was sufficient authority for the pay
ment of the interest on the State debt. A suit
was commenced in the Marion Circuit Court for
a mandate to compel the Auditor of State to
draw his warrant upon the Ire ,sury for the pay
ment of the State interest. The Circuit Court
decided against the application. An appeal was
taken to the Supreme Court, and. after a full
examination of all the points in the case. the
Supreme Court last June affirmed The iudgmen
of the Circuit Court. deciding that no approDria
ton had been made to pay the interest and that
the Auditor had no authority TO draw his war
rant upon the Treasurer. The Agent of State
has no authority to pay money until appropriated
by law and drawn from the Treasury by warrant
OF the Auditor.
" e have thus briefly given the facts connected
with the failure to pay the July interest on the
State debt. WHY did he convention pass the
resolution censuring the Auditor, Treasurer and
State Agent? The committee that reported the
resolution are, or profess to be. intelligent men
the member of the committee from this district is
a well known lawyer in this city. and he is pre-
sumed to know the law and the decision of the
courts-lhe chairman of the committee is a
judge-another member of the committee. Good
ing, Is a judge-WilliamSon, another member of
the committee, was the Republican candidate for
Attorney General, last wear. Which is the most
charitable conclusion-tha they were ignorant. or
disaonestf They may possibly plead ignorance
to the decision of the Supreme Court, but il was
a recent and public event
There can be but one conclusion in the matter
and that is, that the leading spirits in the conveu-
ton were willing to r~epudiate law, decisions of
the courts, fairness and common justice. to pro-
mote their personal and political ends. The
resolution was a falsehood. manufactured for the
express purpose of whitewashing Gov. Morton in
his usurpation and wrong. aud to bring about a
union of the War Democracy" and the Republi-
can party, with front seats for the leaders of the
War Democracy" in the new political syna-
gogue.-fLogansport Pharos.