Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-04-13

Interest upon the Funded Debt of the
state - No Provision for ats Pay
ment-
The General Assembly. at its late session,
owing to the absence Of the Republican members
Of the House of Representatives, failed to make
the necessary appropriations to provide for "tbs
payment of the ordinary expenses of the Govern
ment, and of the interest on the bonds of the
State. other than the bank bonds" The Consti-
tuition expressly declares that ono money shall be
drawn from the Treasury, but in pursuance of
appropriations made by law" The Law estab-
fishing a Treasury system, passed in 1859. con
tains a similar provision, and the embezzlement
act of 1861 makes it a penal offence for the off
GERS of State to draw any money from the Treas
ury. unless duly authorized or appropriated by
law.
There was no appropriation made by the Leg.
~islature to pay the interest upon the funded debt
of the State due on the LIST of July next. The
question has arisen whether the officers of State
are authorized, in the absence Of such appropria-
ton under any general law, to use the
funds in the Treasury for that purpose. The
matter was submitted by the Auditor Of State to
the Attorney General for his opinion. As it will
appear from the opinion of that officer, which
is published herewith, after a careful review
of all the laws bearing upon the subject,
and the constitutional provisions in reference to
the duties of the officers of State, he has decided
that the proper officers of State have no authority
a.. I-.w ~ n from tho Tra.aurv IN Dav eaid in
terest.
1t is the duty of the General Assembly not
only to provide the means necessary to pay the in
debtedness of the State and to redeem the faith
which it has solemnly pledged to its credi-
tors, but to direct or provide by law the
moneys which shall be drawn from the Treas
ury by her officers. There is a remedy for this
failure on the part of the General Assembly to
perform its duty. The Constitution has provided
for the exigency by giving the Governor of the
State the authority to call a special session of the
Legislature. whenever, in his opinion, the public
interests may demand it. The opinion of the
Attorney General is very clear as to the duty of
the State officers and his decision will receive the
approval of every good citizen.
The Legislature of 1876 made a compromise
with the creditors of the State for the indebted
ness due them. In that contract the faith and
honor of the State was solemnly pleged to
promptly pay the interest upon that Indebtedness.
That pledge thus for has been promptly and hon.
orally fulfil ed. The honor, and credit and fame
Of Indiana is not surpassed, if equaled, by any
of her sister States. Shall it be furnished now
by any act of bad faith-any act to sub
serve a partisan purpose? If so, it cannot
be charged TO the Democracy. A majority
of the present Legislature are Democrats. The
Democratic members of the Legislature did all
in their power to provide for the payment of the
Indebtedness of the State and to maintain unim-
paired its good faith, its honor and its integrity.
They passed a bill raising the necessary revenue
for those purposes. They prepared a bill provi
ding for the payment of all the Indebtedness of
the State. They remained in their places until
the last day that laws could be constitutionally
enacted. The Constitution provides that
a quorum of two-thirds of each House
must be present to enact laws. The
Republicans had a sufficient number of
members of the House to break a quorum
and thus defeat legislation. They made use of
that power. Ten days previous to the constitu.
tional limits of the session of the Legislature thew
broke a quorum. They seeded. They skulked
from the fulfllment of their constitutional ohliga-
tons. Wilfully they violated their oaths ~ofofice.
This revolutionary action of the Republican
members left the Democratic members powerless
TO pass the legislation necessary to sustain the
honor and redeem the pledges of the State to
her creditors. They have no power now to rem
edy the evil. although willing to do so,
If they could. If the interest upon the funded
debt Of the State, due on the lst Of July, is not
paid, the sole responsibility for that failure rests
with the Republican party. A Republican Gov
ernor has the power. and he alone, to redeem the
fame and honor unsullied. 1t remains to be seen
whether he will sacrifice honor and principle to
secure what he may think may be a party ad-
vantage to his political friends. That is the is
sue be makes and the responsibility he assumes.
STATE OF ISDIASA.)
OFFICE AUDITOR OF STATE,
INDIANAPOLIS. April Cd. 1863.
Hon. Oscar b. Hord, Attorney General of said
State:
DEAR Sir: Owing to the dereliction of the Leg
~islature, at its late session. to make the aprTopri
alton necessary to pay the interest on the funded
debt OF the State, various opinions exist "a to the
power of the proper officers of the State TO draw
from the treasury the amount necessary for such
purpose. Your opinion is respectfully solicited up
on this subject of so much Importance TO the
honor and welfare of the State.
Your obedient servant,
j. RIsTISE, Auditor.
ATTORNEY GENERALS OFFIcE,l
lsDTANAPoLIs, IND, April 6. 1868.