Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-02-10


most experienced polisicians Of IL party taxing
grounds against the eligibility Of Governor MoR-
rox to hold the Office for another term. II
makes bat little. II any difference 70 the Demo
cracy whether the Republicans nominate o. p
Nowros or Por GrS sxirH as their candidate for
Governor. and one Is As much entitled 70 public
confidence as the other but as His Excellency
mas been at great pans and expense 70 convince
the people that he y cOBsttutioDAliy eligible to
hold The 0ffce Of Governor indefinitely We give
Republicans view Of the question antagonistic to
his claims SAYS this able and most experienced
Republican political correspondent Of the Courier
As this question j. Que purely OF Constitution
and Law. IL would be out OF place. Ia the follow
ing suggestions. TO interpoia,e anything of per
sOnAl or partisan character. The question i one
that concerns the people of the entire St,te. and
the vast public Interests involved oyersbadow all
questions Of personal or Individual claim or
choice. o p. Morton was elected and inaugu
rated a. lieutenant Governor Three DAYS
thereafter. Governor Lane having vacated the
Office Of Governor, o p Morton, lieutenant
Governor. vas installed Governor; The ian
guage OF the Constitution, whatever may be said
for or against it, wisdom. is simple and easily
.
"The executive power Of the State shall be vested
ia Governor He shall hold his Office during
four years, and shall not be eligible more than
four years in any period OF eight years"
Reference TO TIE debates ia the Constitutional
Convention on this clause will satisfy any one
that the true intent and meaning of that body. in
adopting this section, 10 prevent the posi-
bility Of an executive incumbent employing the
power and patronage Of the Office. during term,
to- a 81 tn a ors uh
quent term thus doing all in ts power TO restrict
the attention and fidelity OF the executive a sim
pie discharge of the duties of that Office. Has Oil
yer p Morton been Governor during the present
term? Ii he mas been Governor he would. by
the terms of the above section. be disqualified
from serving during another term Immediately
succeeding the present To this question |
swer. first. he signs himself officially. Governor
of Indiana" thus giving his own construction of
his constitutional status
Secondly, the constitution provides 10 section
II, article ;. "the Governor shall he commander
in chief OF tue military forces, and may call out
these forces TO execute the law" Section 4, art.
l3: HE the Governor shall. from time to
time. give the General Assembly nformat ton
touching the condition OF the State aud recon-
mend such measures as he shall deem cxpe1ient,"
DC Section IA provides that every bill which
shall pass the General Assembly shall be present
il With his objections Section IL says"he the
Governor) shall bavs the power % grant re-
prieves. combinations. pardons, after convic-
tons, &c, together with many other functions
which the Constitution devolves directly on the
Governor" The present executive has done all
this; ne has been commander in chief of the mil
itsry Of the State. he has called out this force TO
repe INVASION; he has communicated with the
General Assembly. and given them information,
and recommended such measures as be thought
for the interest of the State He has approved
bills that passed the General Assembly and re
turned others with his objections. he has ex-
ercised the pardonng power. transacted business
Governor, with the several officers of the State
government. issued commissions 10 various civil
and military officers whom he had appointed, and
in fact exercised all the functions OF Governor of
the State. These substantial, material functions.
exercised ard discharged by him. in compliance
with the terms and requirements of the Constitu
ton, identify him As. and. in fact make him
Governor. though the mere form of election as
such. is wanting 1t is safer to conclude that he
Is Governor. than. for any personal or partzan
purpose, to argue that he is not If he is not,
and hssROt been Governor, then his acts as such,
(which the Constitution clearly provides, shall be
discharged by the Governor may indeed be ques
toned, while, If he is Governor. they un
doubtedly valid But, fortunately, we are not
ton this point. The Supreme Court of the State,
in Carson vs. McPhitrdge. 18th Indiana Reports.
takes up this question, and disposes of, at
least a material portion of the controversy
This case, it is true. refers To the Office OF
County Clerk, but the point involved is the same.
and the language of the Constitution in both
cases similar That instrument declares that the
Clerk shall continue in Office four years, and no
person shall be eligible 10 the Office of Clerk more
than eight years in any period OF twelve years.
The Court decides in this case that the disabling
or restricting clause in the Constitution includes
The capacity of holding. as tceil as The capacity OF
being elected TO- an office. The Court also in this
case clearly recognized fractions of term of of
nee. Now if apply the principal of the de-
cision in this case To the case OF the Governor,
as he will have held the office for nearly four
years, il follows that he would be disqualified 20
serve in a second term just so much time "a he
held the office during tie first term II this be
logical aud true it also follows that he would be
qualified aud eligible 10 hold and serve IN Il sec
ond term Just such period OF time that he did not
hold the oince during the first term. The con-
clusiOn, then, would appear inevitable that Gov
Morton NAV be elected and serve As Governor
for three days. or much of the former period
as Wa occupied BY Governor Lane Whether
the people OF Indiana will attach az much lmp0r
lance to n complimentary Endorsement of the
present executive rs such an election would be,
il is for that people 10 say. Whether such an
endorsements uaier all the circumstances would
be desirable, even by Governor Morton, Is for
him [ . decide.