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

4
Many OF tie men who framed the ne,
Constitution were in the first Legislature
that assembled under it. That Legisla' ar
did not deem it necessary to make anv ful
ther appropriations to pay the interest upo
the public debt, believing that the acts G
1S4e and 1S47 were sufficient for the pur
pose. This opinion was acted upon b.
every Legislature up to the fall of 1858
and specific appropriations were not mad
before that time for the payment Of iuteres,
ut was also adopted and act-d upon durin.
the same period by the Officers Of State
Thus from the begin ning, the acts of s4t
and l847 were accepted both by the Legis
iature and the State Officers, as a sufficien
appropriation under the Constitution,
The new Constitution contained the fol
lowing provision: -
q SEC. 2, ART. X All the revenues de
4 rived from the sale Of any of the public
works belonging to the Sta,e, and from the
net annual income thereof, aud any snrl lus
that may at any time remain in the Treas.
ury derived from taxation for general State
purposes. after the payment OF the ordinary
expenses of the Government. and of the 10.
terest on bonds of the State, other than bank
bonds, shall be annually applied, under the
direction Of the General Assembly, to the
payment of the principal of the public
debt"
This provision is In itself direct apcro-
pri 'tion to the payment of the principal of
the public debt, of all the money remaining
IN the Treasury after the payment of the
ordinary expenses of the government, and
of the interest on bonds of the State, other
than bank bonds.
This appropriation, however. cannot be.
come operative until after the payment of
the interest on the bonds Of the State. and
carries with 1t a necessary implication that
the interest should be paid out Of any money
in the Treasury. The Attorney General
says. however. that If this section is an ap-
preparation to pay interest, it is, also, to
pay the ordinary expenses of the govern !
ment.
This does not follow, for the ordinary
expenses of the government from their
nature are not hquidated. and ascertained.
and can only be li4uidated and determined
~ legislation from time to time. while the
interest on the public debt j. liquidated and
determined In the most solemn form. Ii
additional legal authority was required out
ide of the act of l846 and the supplemental
ct OF IS47 to pay the interest, it will be
ound In this provision of the Constitution. s
Thus for a period Of twelve years the
arious Legislatures and Auditors and
'reasurers OF State received the acts of
846 and iS47 AS a suffi ient appropriation 4
'ithin the meaning Of bolh Constitutions {
pom which twenty three semi ANNUAL pay
Ions or u0TTIrs ursunrseu-- .1krt r4eitis 4eiis
hat were in force during tueso
ears are still in force, under which the IN {
crest was paid. and. after such long acqui-
.scence and practice by Legislatures and
officers Of State, it is too late TO say there
is no appropriation.
In 1857 the Legislature adjourned with,
out making the ordinary appropriations tor
The support OF the Benevolent Institutions.
and without having passed Revenue Bill.
Tie Hon Joseph E. Mcdonald, a lawyer
Of reputation aud ability. was then the At
torney General Of the State. lie advised
Gov. Willard aud the State officers that no
further legislation was required TO uthor'zs
the payment Of the interest on the funded
debl OF the State as the ac' OF 1916 was a
contract with the bond holders and a suffi-
cient appropriation. He however gave The
opinion al the same time tha. there was no
under which money could De
lawfully drawn from the Treasury for the
support OF the Benev olent Institutions.
Under the authority of this opinion and
ing ten years, Gov Willard, together with
the Treasurer and Auditor of State, borrow
ed si65, 900 to pay tie July interest in
1858.
The Attorney General quotes passage
from the message OF Gov. Wizard 10 tue
extra session in the fall of 1853.
In his commentary on the passage he
the Governor as defending his
=, n,r;or tho intarast on the Dnbllc
debt without an appropriation as matter
of nublic necessity to save the credit Of the
State. He has imperfectly read the passage
and the misapplication of it is total. The
Governor said nothing OF the sort. In that
part of the message, in which the Governor
refers to the absence of an appropriation, he
is speaking Of the Benevolent Institutions
And in that part IN which he speaks OF
borro wing money. he refers 10 the payment
of the interest on the public debt. The
ease stood thus: for the payment OF the
interest on the public debt there was an
appropriation but not sufficient money IN
the Treasury; for the support Of the Be
neyolent Institutions there was money in
the Treasury but 10 appropriation ou which
/ to pay il out. i ae \ uml
/ Oa the 24th day of April, 1857, Gov.
Willard published in the :. Indiana State
/ Sentiael' an address TO the people of Ind-
ana, from which extract the following
passage:
/ by laws which were passed by previ-
Ious Legislatures provision is made for sus
tanning every Department oe the Govern
n,ent excepting the Benevolent Institutions
The tax is lesied for the support of the
,common schools and two cents upon eacf
one hundred dollars for the purpose of pay
ing the principal of the public debt. Al
'lonr as there Is money IN The Treasury be
longing to the State, it is believed that Their
is authority to pay the interest on SAT-
debt" &
In this passage he clearly states his opin
lion that there is authority 10 pay the interes
! on the Public Debt as long as there Is none,
/ in the Treasury, aud ihat every department
%; the Government was provided Tor b.
previous Legislation excepting the beueso
lent Inssitu ions. Further on he used th
following language:u