Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-05-13

Governor Morton on the sPayment of
the Interest on the states Debts
We are indebted to His Excellency. o. p.
MoRroS, for pamphlet copy of letter addressed
by him "to JAMES WINsLow, ESQ, of New York,
touching the payment of interest on funded debt
of Indiana" 1t occupies some fourteen pages,
bound in yellow paper covers, and partaking
somewhat of romance in its statements, it may
be properly denominated ''yaller kivered" litera-
ture. The Governor places the following de6ni-
tion upon the word appropriation" He says:
"An appropriation NAV be accurately defined as
a direction gwen by law to pay money out of the
Treasury for a particular purpose. This direc-
tion may be specific, and in terms, or it may be
necessary intendment of legislative act"
His Excellency then proceeds to quote the
vcriOus acts in regard to the public debt, passed
in reference to the compromise with its creditors,
and acknowledging that the Legislature at its
last session made no appropriation, general or
specific, for the payment of the interest on the
State debt, sums up with the statement that "if
the interest is not paid the responsibility will rest
with those officers upon whom the law has de-
volved the duty of making the payment" A
brief reference to the law and the testimony, and
the duty OF the Governor, will plainly demon
strate who will be responsible for any failure to
fulfill this obligation aud the plighted faith of the
State. We do not propose TO discuss the con-
sistency or inconsistencies of the opinions of the
Attorney General, which seems to be the main
object Of the Governors pamphlet for that gen.
tleman is fully competent to that task
III
10, reads as follows:
"No money shall be drawn from the Treasury
but in pursuance of appropriations made by
law
All familiar with the legislation at the special
session in 1858, and at the regular session in
1889, will not fail to remember that the loose
manner in which the financial affairs of the State
bad been transacted was prominent subject OF
discussion, and an act finally passed "to pro-
vide treasury system for the State of Indiana
for the manner of receiving, holding and disburs
ing the public moneys of the State, and for the
safe keeping of public moneys" DAVID G. BRAN.
HAM was chairman of the House Committee OF
Ways and Means, at both of those sessions. The
charge was made by him and other prominent
Republican members. that the State officers il
violation of the Constitution and the laws, had
assumed the responsibility of disbursing the pub
lie moneys without the authority or sanction Of
the Legislature, and the payment Of the Interest
on the State debt was especially referred to
And to show, that in the opinion of the Legisla
ture, the State officers had no authority to pay
that interest without the authority of the Genera
Assembly, its payment for 1859 and 1860 wa.
provided for in the general appropriation bills fol-
those years.
The Governor is in error in his statements He
says:
Thus, from the beginning, the acts of Is4t
and lS47, were accepted both by the Legislature
and the State officers. as IA sufficient appropria
ton under the Constitution
This is not SO. Previous to 1858. the Legis
lature provided specifically for the payment o.
the interest, thus demonstrating that the acts o
1876 and ls47 were not Sufficient appropria
ton"
The act Of 1859. providing treasury system
was passed over Governor wrLLARD's veto Il
be paid into the treasury and there to remain, Al
received. until paid out in pursuance of law
Sec. 7 Of that act, says:
The Treasurer Of State is expressly prohibited
from paying any money out OF, transferring
any money from the Treasury OF State, excep
upon the warrant OF the uditor of State"
There is no chance here for any misappreben
sion in regard to the duty Of the State Treasurer
Section 8, of the same act, thus defines the dut,
Of the Auditor:
The Auditor Of State shall at no time draw
warrant upon the Treasurer Of State, unles
there be money in the Treasury belonging to tn
fuDd upon which the same is drawn TO pay th
same, and in conformity to appropriations mad
bylaw"
And the Legislature left no room for doubt il
regard to its construction Of the phrase. "in con
formity to appropriations made by law" b.
placing in the General appropriation bills !
passed. the appropriations necessary to pay tn
State debt interest for the years 1859 and 1860