Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-05-05

We are indebted TO His Excellency. o. p.
MoxroS. for pamphlet copy Of letter addressed
by him Ito JANIS wTSsLow. Eco. of New York.
touching the payment Of Interest on funded deb,
OF Indiana" IL oceupie- some fourteen pages.
bound IN yellow paper covers, and partaking
somewhat q Romance 10 if- s,~tements. ], may
be peoPeriy tsromiBaied "ysIles hyered" i,era.
tgre Tbe Governor places the iolIes,ng defni-
don spsn the ~ord '.appropriation.'' He says:
An appropriation MAJ be accurately defined qs
direction gwen by law TO pay money out Of the
Treasury Tor particular purpose This direc-
ion may be specific, ard in terms. or il mAy be
necessary inieDdment Of a legislative act. T"
FL Eseelleney then proceeds TO quote the
vcr'oss acts ia regard 10 the public debt. passed
- reference 10 the compromise withits creditors.
asd acknowledging that the Legislature at its
Ian session marie no appropriation. general or
specific. Zoe the payment OF The interest the
State debt. sums up With the statement that III
the interest is paid the responsibility will rest
with those officers upon whom the law has de-
volved the duty of making the payment" A
bret reference TO the law and the testimony, and
the duty of the Governor. will plainly demon
fulfill this obligation aud the plighted faith of the
Ssate We do not propose to discuss the
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 il fully competent to that task
The Constitution of the State. Sec. 3. Article
10, reads a. follows:
~. l.. A.
bat in pursuance Of appropriations made by
law
All familiar with the legislation at the special
session in 1855. and at the regular session in
1859. will not fail to remember that the loose
manner in which the financial affairs Of the State
Rad been transacted was prominent subject of
DISCUSSION, and an act was finally passed "to pro-
vide a treasury system for the State of Indiana,
for the manner Of receiving. holding and disburs-
jng the public moneys of the State. and for the
safe keeping 81 public moneys" DAVID c. BRAN
NAN was chsirman 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 II lcers in
violation Of the Constitution and the lsNs. had
lie moneys without the authority or sanction of
the Legislature. and the payment OF tie Interest
on the State debt especially referred to-
And to show. that in the opinion Of the Legisla
ture. the State officers had authority to pay
that interest without the authority Of the General
Assembly. its payment for 1860 and 1861 was
provided for in the general appropriation bills for
those years.
The Governor Is in error in his statements He
SAYS:
Thus, from the beginning. the acts of 1876
and ls4I. were accepted both by the Legislature
snd the State officers. rs /. sufficient appropria-
lion under the Constitution"
This is not SD. Previous to 1852. the Legs-
laiure provided specifically for the payment of
the interest thus demonstrating that the acts of
1916 aud l57 were not sufficient appropria-
ton"
The act of 1859. providing treasury system,
wss passed over Governor wILLARDs veto. 1t
provides generally that all public moneys shall
be paid into the treasury and there to remain, as
received. until paid out in pursuance of law,
Sec. OF that act, says:
THE Treasurer OF State is expressly prohibited
from paving any money out of, or transferring
any money from the Treasury of State. except
upon the warrsnt OF the uditor of State
There IS no chance here for any misapprehen.
sion IN regard to the duty of the State Treasurer
Section 3, of the same act, thus defines the duty
of the Auditor:
The Auditor OF State shall at no time draw n
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 appropriations made
by law.
And the Legislature left no room for doubt in
regard to It's construction OF the phrase ''in con
iormiry to appropriations made by law" by
placing in the General appropriation bills il
passed. the appropriations necessary to pay the
State debt interest for the wear 1859 and 1860
Certainly there can be no mistake A. to the in.
tendmeut of the Legislature in passing the act
providing treasury system. and its construction
OF the Constitution and the laws in reference 10
the State debt. There was penalty provided
in that act for the punishment o; violations thereof
by the State officers
To make the iutendment Of the Legislature
more clear in regard to the act Of 1859. the Gen.
eral Assembly at its session in 1861 passed what
Is generally known as the embezzlement law
Wequotc two sections from il:
Sec 3 IL the Treasurer of State or any dor,
uty or any person in his employ shall nav out
or receive. any public money in any other man,
ner az prescribed by Law. he shall be fined not
less than hfty nor more than FIVE hundred dollars
and be imprisoned in the county prison not less
than wear.
Sec II the Auditor Of State shall draw anv
amount upon the Treasurer of State unless there
he money IN the Treasury belonging To the par
ticular fund upon which the same is drawn 10 nav
the same and in conformity TO appropriat;or.
made by law, he shall be deemed guilty of
mlsdemeanor. and upon conviction thereof shall
be lined IN any sum not less than one hundred
dollars and not more than one thousand dollars.
and be imprisoned in the county Jail not less than
one or more than SIX months
And 10 make clearits meaning Of the term Sin
conformity to appropriations made BY law" the
Legislature which passed. this embezzlement law
10 correct the loose manner in which Il financial
Affairs OF the State had been conducted pl,ced
IN the general appropriation bills for 1860 and
ioo2 the suns necessary 20 paw the interests
upon The State debt
At the extra session in 1861 A war loan of
two million vac provided for In The Ia. .,