The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1863-05-22


' "Ever since these acts were passed ,h
, State has maintained her faith and .redi
e the result of which has been TO encouras
: the introduction of population and capita
. into the State
He then complained that the Legislator
had adjourned without passing a bill levy
: ing taxes with which to pay the interest il
1857 and 1858. 4s
, The only responsibility which Gov. Viii
lard and the Stale officers took by pawn.
, the in,eres, on the public debt in 1857, wa
in borrowing the money for tha, purpose
which was clearly authorized by the act o
1859. which act is still in force.
The quotation which the Attorney Gen
eral makes in his Opinion from the Debate.
in the Legislature Of 1859. are irrelevant, a.
they refer to the legality OF the loan made
existence of appropriations.
The Treasury act of 1859 and Embez
element Bill of of 1861. are not broader
than the Constitution. They do not make
that illegal which was not Illegal before 1t
required no more to constitute an appropri-
alton after the passage of those bills than
before. They simply affixed punishment
for paying money out of the Treasury inn
The simple question is, as to the existence
of an appropriation, within the meaning of
the Constitution, and this is conceded by
the Attorney General. as he does not con-
tend that an appropriation good before the
Embezzlement Bill is not good after it,
This was expressly decided in the case of
Lange. Auditor VS. Slower, at the November
term, 1869. of the Supreme Court of Indi-
IN vuht htah la1l xL.S IL
State Auditor could draw a warrant under
the general appropriation containe in the
Swamp Land act OF 1852, notwithstanding
the Treasury act of 1859 and the Embez-
element Bill Of 1861. Where the appropri-
alton is general it can be paid out of any
money in the Treasury not otherwise ap
proprated; when it is special and payable
out Of particular fund it must be paid only
from that fund. The section quoted by the
Attorney General from the Act of 1850,
means this and nothing more Instances
Illustrating the first class NAV be found in
he appropriations for the payment of the
interest on the public debt and the salaries
II the State officers. Instances of the
second class may be found in former appro-
'rlations for the support OF the Benevolent
Institutions at time when separate and
pecihc tax was levied to raise a fund for
hat pnrpose.
At the regular session of 1859. an act
vas passed entitled an act to provide a
'reasury system for the Safe OF Indiana,
Or the manner Of receiving. holding and
isbursing the public moneys OF the State,
'e~snf'. ee. III y rt,~t, prr'rt the
eb, Of ihs sta tjIl,sp loterest on the fofs,gh
treasurer shall. without making any dis.
elimination, draw on the bank notes in the
Treasury an amount of specie sufficient to
,ay said interest, which he shall transmit
o New York by express, or otherwise, as
nav be deemed most safe; but any bank
,r banks on whose notes specie IS thus de-
handed, may redeem such notes TO the
xten, of such dividends, By draft on New
York, payable fifteen days preceding the
Law of pav ment of said interest, and with
out any premium of exchange, and giving
ample security TO the Treasurer tor the
prompt payment thereof.
This section is disposed of in the follow
ing manner by the Attorney General:
:. The interest on the State debt was pay
able in New York, and al tbs time this act
was passed., there existed no statute provt-
ding the man ner in which the money should
b, transmitted to that city, and making 1t
the duty Of any particular person to per-
form that service and this section does
nothing more than provide the instru.nen-
talty by which the interest shall BE- trans.
nitted to the place Of payment.
l. is true this section provides the man
ner in which the money 10 pay the interest
on the public debt should be transmitted TO
New York; but it does more. Il declares
that at a convenient period before the 'ater.
est falls due, which is on the first dtIs of
January and July of each year. the Treas
urer shall take from the State Treasury.
enough money to pay such interest and
transmit the same to New York for that
purpose. He has no discretion in the mat
ter. The ;ct to be performed by him Is not
made contingent upon future appropriations
or legislation. He can be excused from is
performance only by the want of mosey IN
the Treasury. and in that case IT IS made
his duty by another act of the Legislature.
together with the Governor aud auditor, TO
borrow an amount sufficient to meet the de-
felt. The section constitutes an appropria-
ton taking precedence of all others. The
Trea urer is ordered to take twice year,
enough money from the Treasury to pay
the interest; and how shall he escape ODE
dience TO the mandate ? He cannot shelter
himself behil d the opinion Of the Attorney
General or any form oil construction, how
ever learned and ingenious.
| The command is plain, direct, uncondi
tioual, and must be obeyed. II before
techuical objections could be raised of tbs
wan. of formal appropriation, they wer'
completely removed. VIII the Treasure
perform this mos: p,ain and important duty
/ believe be will. l believe he is an homes
man, and will not permit any influence t
stand between him and The discharge of
duty SO vital to The good name ani welfar
of the Sta.e.
J, The credit of the State, at one time great
ly deprecated. has been restored by man,
years OF faithful Observance of her obliga
: tions. and il blemisn again come upon il
. woe be TO tho e by whom j. shall come.
: The Attorney General quotes the 7sh. sec
| toe of the Treasury act Of 1859. prohibii
!, ing the Treasurer from paying any none
: cut Of II. or transteyFiny any money froE
. the Treasury. except upon he warrant {
the Auditor.