Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-04-11
INDIANAPOLIS, IND, MONDAY,

wayward steps pointed out by these extreme
men Of the East Notwithstanding all this, Lin
coins name is coupled with Morton's upon the
occa ion of the nomination of the latter, who
stood forth and in effect, proclaimed Great is
Abraham the first, and am his High Priest in
Indiana, to ofhcia.e in carrying ont his views,
whatever they may be, now or hercafterll
But to return. On the first day of the session
each branch of the Legislature had passed The
usual resolution for the appointment Of Joint
committee to wait on the Governor and inform
him that the two houses were organized and
ready to proceed TO business, "and inquire of
him when it will be convenient for him TO deliver
his message to the General Assembly" Br.
Rep. Q, III. Jour. l6.
On the morning of the second day of the ses-
sion, it was reported to the House that the Gov
ernor would deliver his message that afternoon.
House Journal, 29.-Brev. Rep, 20, Mr.. Nib
lack, in the afternoon, Democrat, offered a
resolution inviting the Senate TO rerair TO the
Hall of the House instanter TO hear the mes
sage. House Journal, 20. This resolution was
adopted by the Democratic House, and immedi-
atcly sent TO the Senate, and by the President, a
Democrat, laid before the Senate. He remarked !:
"By consent of the Senate, / will direct call of
the roll of Senators for the purpose of seeing
whether there is quorum present or not, and
whether the Republican Senators will como in,
and 90 with rs TO hear the Governor deliver his
annual message TO the General Assembly" To
this Mr.. Browne of Randolph, Republican,
said 81 do not think they want to hear it, sir. !"
Thereupon the roll being called, there was not a
quorum present. Brew Rep, 10. The Presi-
dent then communicated to the Speaker that GER
tain Republican Senators, naming them, were
absent and because of the want of q quorum
there was no Senate to meet the House. Brev.
Rep. 3O.-House Journal 81. In the House,
Mr. Packard, Democrat, hereupon offered the
81 u
solUed, That the House of Representatives. by
committee of two Of its members, wait on his
Excellency, the Governor, and say TO him that,
owing TO the Senate having no quorum, il is un-
able to attend in the Hall Of the House as
Senate and that as there is no General Assem-
bly, az this day in session, the House is unable 10
say when il can have the pleasure of hearing the
message of the Governor of the STATE - and
Branham and Packard were appointed said com,
mittee, lBrcv. Rep, 30; ii. Journal 32) and
communicated the resolution 10 the Governor.
See remarks of the Speaker-Id; II. jour 80.
Now, on turning 10 the Constitution of the
State we will readily the reason for this reso-
luton. Section l, Art. 4, provides that {" the
legislative authority of the State shall be vested
in the General Assembly, which shall consist of
a Senate and House of Representatives"
Rev. Stat 1852, p. 4s. That is, the Senate and
House shall form and constitute the General
Assembly. So, also, as TO the law-making power
of the United States. Art. l, sec. I, u. 5.
COnst Article 5, sec. l3, is that "hc (the Gov
ernOr) shall, from time to time, give to the Gen
eral Assembly information touching the condition
of the State, and recommend such measures as
he shall judge to be expedient."
Story, in his Commentaries on the United
States Constitution, vol. 2, chap g. says:
This section Involves a fundamental rule, the
else o the legislative power by two distinct and nde
pendent branches
That is, neither the Senate nor the House
could alone pass law and send it to the execu-
tive for approval, or otherwise put it in force
could one branch alone complete any legisla-
tive act. As the section of the Constitution
quoted requires the Governor to give informa-
ton, not to the Senate nor to the House, but to
the General assembly, it is evident that such plan
should be adopted as would bring the informa-
ton 10 the notice of both branches The Uniform
usage had been for the Governor of Indiana to
personally anpear before the two Houses, in the
Hall of the House, and deliver 10 them his an
nual message. So far ns the records show, it is
evident that until Governor Morton saw fit to
ansmit his communication to each House, by
his Private Secretary, that department had no
thought of Insulting" his highness. II is ex-
cecdinglv doubtful whether, as q legal question,
the House could receive the message in the alb
sencc-;hat is, when informed that there was no,
Senate. This IS the view the Speaker took of
the constitutional question. and he was sustained
bv the House; for that body had taken the same
view in The adoption of the resolution last
quoted, and by that resolution the Governor was
so informed. He did not heed the information,
but determined, in the absence of his friends
from the Senate to force the House to receive
his views of matters. House Jour, 80.
On the next day, being the third day of the
session, Mr.. Packard, from the committee, re-
ported that the Governor declined 10 aDpear be-
G. in, hoe.
duties enioined on him had been performed; that
is, BY sending by the hand of his Secretary, as
above stated. Br Rep. 81.
This fired up the House. II was considered
an act Of discourteSy towards a coordinate
branch of the Government, and the House, in
vindicatiOn of its selfrespect, by resolution,
dered the Speaker TO return the communication,
sent by his Secretary, TO the Governor, by vote
of 6l TO 80. See vote and debate in Br. Rep pp.
81, 81, 33, and "a, FL. Jour. "a. Let us examine
this question moment longer The joint COM
mittee of the Senate to act with that of the
House, on the resolution of the latter, were
Brown of Wells and Browne of Randolph-Br.
Rep. Al, and were appointed on the fifth day of
the session On the next day they reported that
" the Governor informed the committee that, as
there ,caS not quorum present when his message
was sent in before, he now sends the message
and accompanying documents" Br. Rep. 81.
The point TO which attention il called in this re-
port is that the Governor knesc there was no con
stilutional legislative body 10 receive his mes
sage when he went through the form of sending
it in. But having got in the wrong, he per-
sisted IN that path, so far as the House was con-
cerned. but backed down 70 the Senate and
whys Because the Senate passed a concurrent
resolution whitewashing his highneSs. Br. Rep.
PIP. 5s, SO, 60. The House failed TO perform
that act hat referred the resolution 10 q com
mittee. H. Jour. So far as they did whitewash
they bestowed their labor, in that line on Gov
ernor Seymour, of New York. Br. Rep. p. 40,
II. Jour- 6s, 92. This was a mortal offense to
the functionary, o. Z. NJ, although the commit
tee reported they were prevented from acting by
the absence of Republican members. II. Jour.
7l3. And so he'refuscd TO communicate with
that body in the usual manner and now, a year
afterwards, follows them with malice and false
hood, not only because they failed to indorse his
course, but because they attempted to inquire
into some of his official wickedness, as We shall
hereafter see.
The Governor then proceeds 10 enumcrate
specifically certain appropriations that he thinks
should have been made, to wit: l. For relief of
soldiers families. 2. For relief of wounded and
sick soldiers. 3, 4, and G. To pay military
claims. 5. To sustain the Arsenal.
A sufficient answer to this is found in the fact
that the Democratic Committee of Ways and
Means did report bills for these very purposes,
except As to the Arsenal. but their passage was
defeated by the boiling of the Republican men,
bers of the House, under Me adrice Of Goreraor
Morton. The amount proposed to be appropri-
atcd by these bills, for the relief &C., of soldiers,
was one hundred thousand dollars for payment
Of Indiana Legion a like sum. There was no
appropriation for tD,c Arsenal, because il was an
institution erected without authority of law, so
far as the State was concerned--one built NJ