Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-05-16
secretary Athon Vs. Gov. norton.

the secretary OF State. aud II appears 70 be en-
tirely gratuitous. There is no apology for its
labored effort to misrepresent that officer and
prejudice the public mind against him unless it be
to influence a case nov pending in the United
States Circuit Court, ID which the Governor and
the Secretary are parties litigaGt. We propose
briefly to examine the complaints of His Excel
leney.
The Governor pronounces it an Offense for the
Secretary Of State to regard it as his business to
issue commissions" What SAYS the act pre-
scribing the duties of that oficer3 tSee G. & H.
/. p. 563):
"He shall keep a register Of and attest all the
official acts and proceedings OF the Governor,
and afix the seal Of the State with such attesta-
lions TO all commissions, pdrdons, and other
public instruments to which the signature of the
Governor is required"
So it appears that the laws of the State make
it the duty of the Secretary to attest the signs
ture of the Governor to every commission whether
military or civil.
During the Administration OF Judge PEELLE.
the predecessor of DIR, ATHoN. the documents
show that all the military commissions issued by
the Governor we're attested by the Secretary of
State, and a record of the commissions kept in
his ofice. In other States a similar rule is pro-
vided by their laws. In the fifteen loyal States
of Maine, Rhode Island, Massachusetts,, New
Jersey. Pennsylvania. Maryland. Delaware, Ken
lucky. Ohio. Michigan, Wisconsin, Illinois, Iowa,
Kansas aud California, all military commissions
issued by the Governor are attested by the Sec
rotary Of State, in the same manner as the laws
of Indiana provide, and as has been the custom
heretofore. In the States of Vermont, New York,
Minnesota and Missouri. it is provided by law
that the military commissions shall be attested
BY the Adjuiart General Of the Stale.
And it is interesting at this point to inquire
what motive Influenced the Governor to change
the custom OF his predecessors 10 Office, for which
the laws of the State prOvidedI The Governor,
Secretary, and Auditor of State, as the Colonizl-
ton Board. had a little patronage at their be
stOwal-the appointment of Colonization Agent.
The Secretary and Auditor voted for the ap-
pOintment of Judge Wick TO that position, but the
Governor desired the selection of a Reverend
Mr.. BROUsE, whom it appears by the records of
of the Office is a defaulter. For refusing to vote
for the Governors choice, the Secretary and
Auditor were threatened with retaliation by His
Excellency That threat was Immediately put
into execution. On the 18th of January, 1863,
one month after DR.. ATHOS was sworn into
Office. the Governor issued an order directing all
commissions signed in blank by him, then in the
Secretary 5 office, should be forthwith returned.
II had been the practice OF Governor MORTON up
to that period and during the two yeas term Of
Judge PEELLE to sign commissions in blank for
the convenience o. that Office. Such too had
bsen the custom Of Governor MoRToN's predi-
cessOrs in Office. The object IN so doing was to
facilitate business. as it frequently happens that
the Executive is necessarily absent on public or
private business. During the term of Secretary
PEELLE Governor MoEToN raised no question as
to the duty Of that officer to issue and attest the
commissions issued to the officers in the volunteer
regiments. Tor which he received the fee Of one
dollar each. 1t appears from the records that
Secretary PEBBLE issued OES fourteen thousand
commissions, for the issuing of which he
received as many dollars. DR.. ATHoN had
been in Office one month and had issued about
OtE uuuAiC4 COMMISSIONS ~ uht Ol1NCASg
when His Excellency for partisan reasons, trans
feFred the duty of issuing commissions from the
Secretary of State to the Adjutant General. But
if Dr.. ArHoS had consented to become the plant
tool OF His ExcelIency we have every reason to
believe that no Oh Inge would have been made by
the latter in the m 'uner OF issuing commissions
Not a word ever passed between Gov. MORTON
and d.. ATHoS on the subject Of the commits
sions, nor did the latter ever imagine even that
he had the right to change the order of the Gov
ernor OF OF the Adjutant General as to the date
Of promoted officers acting accession to the office,
or as to the date of any officers appointment.
In this connection it should be remember d that
every CONFUSION state, tie date OC the officers
commission in the service, aud that the date Of
the attestatiun does not afFeet the officers seniori-
ty Of rank or time of promotion. How reads the
commission:
Elm the name and BY the authority of the State
of Indiana, | do hereby commission the said
John Smith FIRST Lieutenant Of said company, TO
serve a. such for the term Of four years from
December 2Dth. 1862"
Suppose this commission is issued three
months afterwards. How reads the attesta-
ten:
In witness whereof, / have hereunto set nv
hand, and affixed the seal of the State, at the city
Of indianapolis. this 10Th day of March. 1868.
By the Governor. o. p. MORrON.
Attest: JAMES 5 ATHON, Secretary IF State.
In this case a commission was dated before
Dr.. ATHoS became Secretary of State, and would
it have been legal fo7 him 10 have male the date
of attestation correspond with rhe date of the
commissiOn2 All that Dr. ATHoS ever insisted
upon was that the date of attestation should cor
respond with the time that the record was made
and with the order Of the Adjutaut General for
commissioning the officer, whose rank is fixed
By the Governor, and who is also ranked accord
ing to the date designated in both the order and
the commission. The Secretary Of State only
attests tn Governors signature and the date il
was affixed to the commission For example:
The Adjutant General issues ali order to the Sec
rotary dated May LIST, to commission JoHx
THOMAS Captain, from January /. 1864. The
Secretary attests the Governors signature on the
In Of May The date of his signature is noted
on the record to show when il was issued. which
does not regulate the rank The date fixed by
Governor iu the commission alone controls the
ragking privilege
The Journal says that after, and not till after,
be it remembered, the accession Of Dr.. ArHox to
the Office Of the Secretary Of State, 'the com
missions we're ordered to be issued BY the Adiu-