Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-03-07
ntsss Debt Interest Question Cover
usr morsou's misrepresentation cor.
rresea By the Attorney General.
Hon O. p. Morton /,
sptAxArorls. March 5, 1864


Hon o p Moyfeaf
Sra In that portion Of your speech before the
Republican Convention on the 23d Of Feb'y. de
voted TO the proceedings growing out Of the sub
jectof tie payment of the interest on the Fun
ded Debt due the ist OF July 1853. are statements
calculated 20 create a false impression upon
those not acquainted with the history OF the
Transaction.
Professional engagements prevented my read
ing your speech until To day. OF would have
sooner called your attention, and that of the
public. 10 the ucorrectness Of your statements.
aud the intentional wrong for mere partiz.n
purposes. you DO all the parties you mentioned.
make the following extract that you may
have the full benefit ofthe case you make:
ITO secure the co-operation of Mr. Brett.
AMI - stem the current OF public indignation
which was setting ia strongly against the parties
10 this scheme, IL was determined IN May 20 pro
cure an opinion from the Supreme Court. by
which Brett could be coerced and under which
Ristipe and his co adiutors could be sheltered
Accordingly in May. Hon. W. IL Talbot. the
President OF ths Sinking Fund, and who, u was
well understood. ras one OF kstiaes advisers
In this scheme Of reputation. commenced a suit
against Ristine In the Circuit Court of triOn
County asking for a mandamus against Risfine
90 compel him to issue warrant upon the Treas
urer for an amount OF money sufficient
TO pay the approaching July interest. The
Sinking Fund was the holder OF large amount
oil our State stocks. upon which IL was the duty
of Talbot ~ collect the interest and the bring
ing oil this suit vas apparently IN the perform
ance Of his duty. Ii was obvious. however. that
if such suit was brought II wonld be mere
sham. a concocted thing 10 consnmrnate the
original scheme Of population The history of
the case in its progress through the Circuit and
Supreme Courts clearly established the truth OF
this opinion The history Of the case in the
Circuit Court il set forth IN the card OF Dir
Smock. the Deputy Clerk of that Court. which
will read.
"IsDIAsAPoLIs. May 10. 1868.
In the ease entitled The State of Indiana
the relation of the Commissioners OF the Sink
ing Fond W.: Joseph Ri-tine, Auditor OF State.
the papers were first presented TO me by Nr
Hord, the Attorney General on Monday the TN
day of Nav with request that the entry pre-
pared should al once be entered OF record, aDd
transcript un,de out and certified foi the Supreme
Court This was my first know ledge OF the case
Mr. Hosd stated that The case had been passed
upon by the Court The pagers consisted of 4
complaint demurrer 10 complaint, answer and
demurrer to answer. and OF an entry IN the hand
writing of the Attorney General reciting the over
ruling of the ot murrer TO the complaint, the sus
tanning the demurrer to the answer. and the Judg-
meut of the Court ihata writ OF mandate issue OF
in conformity with the prayer OF the compliant.
The Attorney General wanted me TO quit my
other work and make the entry in the order
book Immediately which | refused TO do, and
TOLD him that the transcript could not be made
then, unless IL was made from the original papers.
and before The entry WAS made in the order-book.
- -. ~e.arfA fsaE 4 "A lint
wav. / supp lsed il all right. and that every
thing had been ordered bv the Court.
The papers were then taken to the Clerk =
Office and from them transcript was made out
and certified before any step in the case had been
entered upon the order book and before the mn
utes had been read or signed. As soon the az
transcript could be completed in this mode. 1t
was handed the Attorney General, who was wait
ING at the Clicks office for it he said as he re-
ccived H. that ne hoped TO get decision IN the
Supreme Court in few days, and that the costs
would be paid.
=. After this the entry was recorded. When
Judge Finch read the entry he remarked that he
had not been informed of what IL containef- that
IL had not been read to him. and il he had known
lie character il should not have been recorded :
He struck the entry from the order book with his
own hand. and before the minutes for the day
had been signed. =,
This certainly beats any judicial time on record
The Summary proceedings of the police courts OF
New York or the Old Bailey in London cannot
approach il. Here the pleadings on both sides
had been prepared out OF court In advance. a
record of the case procured and filed in tie ST.
preme Court before the minutes of the Court be
low had been read or signed without the char
acter of toe case having been brought to the
know edge Of the Judge of the Circuit Court
who, upon being informed OF what hid been
done, struck out the entry upon the Order Book
with his own hand, and. a. learn trnm another
source. sent communication 70 the CLERK OF tht
Supreme Court stating that the record filed with
him had been improperly obtained. and that he
had not decided any such case He then took ~
and examined the original complaint and decided
il invalid, upon the ground that the proceedings
we're wholly premature. the time not having ar
rived when any action could be had upon the
subject From tbi. last decision Talbot appeal
ell TO the Supreme Court The supreme Court
received and reiaiped both records. and then The
case presented the very novel aspect OF two APP
petls pending ia the Supreme Court Mt the same
time and only one case in the Court beiaw IL
few DAYS opinions were delivered n the SUI
preme Court in both cases. denying the existence
OF snvrappropriatiou< by which the interest coul'
be paid upon the State debt And here leave
the Ia suit
In future times the legal antiquarian will pause
amidst his researches to examine this ease as tn,
greatest curiosity in the annals of American
jurispruience.
You substantially charge that the proceeding
were sham that the case in the Supreme Cour
reached there through unfair means, that the de
cision of the cause prejudged. and that th'
Judges were influenced BY improper motives il
deciding "a they did. Grave charges, such a
should only be made upon conclusive proof; bu
when, as in this case. wholly without foundation
merely prove that their author j. reckless in hi
statements, and is willing to make any charge
however serious. ard unfounded. when he hope
thereby to benefit himself and injure a-potIca
opponent; thu he is buccaneer in politics. will
ing 10 barter his honor and manhood for temporsr
success. When the controversy arose as To tn
payment Of the interest on the public debt, wa
satisfied YOU dd rot desire the legal question
submitted TO the Courts for decision. that yoI
preferred il should remain open question, an'
the interest remain unpaid. that YOU might u.s.
It's nom payment as material for the manufsc,ur
of political capital, and anticipated your thrown
every obstacle in your power in the way OF III
judicial decision OF the question
Mr. Rfsrtxx and mvseif reaiizing the IN
por,ance of the subject. wese desirons of submit