Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-02-15


ment. And what Is a prospective "homestead"
worth without a government to protect and
Union to concentrate iti Is it not, then, the i'm
perative duty of Congress to reclaim and hus-
band every acre of this broad, fertile and rich
domaiLf Held, inviolabIe, as a trust fund for
the projection of the national credit, our national
debt. however large, instead OF depressing agri
culture, manufactures and commerce, would
furnish guarantees for the fidelity of our ruleers
and Representatives. and impart strength and
stability to the Government
Very truly yours,
Hon. E. D. Morgan.
The Eligibility of Governor mOrton.
The Madison Courier, an intense Republican
shee.. contains communication from cores
pondent whom il terms one of the ablest and
most experienced politicians of its party, taking
grounds against the eligibility of Governor Nor
TON toShold the Office for another term 1t
makes but little. if any difference to the Demo
cracy whether the Republicans nominate o. p.
MORTON or POP Gun SMITH as their candidate for
Governor, and one is as much entitled to public
confidence as the other. but as His ExceIlency
has been at great pains and expense to convince
the people that he is constitutionaly eligible to
hold the Uffice of Governor indefinitely, we givea
Republican view of the question anagonistic to
his claims Says this able and most experienced
Republican political correspondent of the Courier
AS this question is one purely Of Constitution
and law, it would be out OF place. in the follow
ing suggestions, to interpolate anything of per
sonal or partisan character. The question is one
al. ~ -
the vast public interests involved overshadow all
questions Of personal or individual claim or
choice. o. p Morton was elected and inaugu-
rated rs Lieutenant Governor. Three days
thereafter. Governor Lane, having vacated the
Office Of Governor, o. p. Morton, Lieutenant
Governor, was installed Governor; The Ian
guage OF the Constitution, whatever may be said
for OF against its wisdom. is simple and easily
understood, whenit declares, sec lst. art 5th.
"The executive power of the State shall be vested
in a 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 the debates in the Constitutional
Convention on this clause will satisfy any one
that the true intent and meaning of that body. in
adopting this section. was 90 prevent the posi-
bility of an executive incumbent employing the
power and patronage of the Office during term.
so as to secure re election 70 a second or suose
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
term1 Ii he has 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 | an
swer, first, he signs himself, officially "Governor
Of Indiana thus giving his own construction Of
his constitutional status.
he in
IL, article >, "the Governor shall he comminder
IN chief of the military forces, and NAV call out
these forces To excute the law Section a, art.
-: He (the Governor) shall, from time to
time, give the General Assembly information
touching the condition of the State, and recon-
mend such measures as he shall deem expedient."
&c. Section IA provides that every bill which
shall pass the General Assembly shall be present
ed to the Governor, who shall approve or return
it with his objections" Section IL says"he (the
Governor) shall havs the power to grant re-
prieves, combinations. pardOns, after convic-
tious, &C., together with many other functions
which the Constitution devolves directly on the
Governor" The present executive has done all
this; he has been commander in chief of the mil
itary OF the State he has called out this force to
repeI INVASION; he has communicated with the
General Assembly. and given them Information,
and recommended such measures he thought
sor the interest of the State He has approved
bills that passed the General Assembly and re
turned others with bis objections He has ex-
erci<ed the pardoning power. transacted business
as Governor, with the several officers of the State
government. Issued commissions to various civil
and military officers whom he had appointed, and
in fact exercised all the functions OF Goyernor of
the State These substantial material functions.
exercised ard discharged by him. in compliance
with the terms and requirements Of the Constitu
ti0n, identify him as. and. in fact make him
Governor. though the mere form of election, as
sIch, 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,
aud has not been Governor. then his acts as such.
which the Constitution clearly provides, shall be
discharged by the Governor may indeed be ques
toned, while. il he is Governor. they
doubtedly valid. But, fortunately, we are not
wholly left to speculation. argument and construc-
ton this point The Supreme Court of the State,
in Carson vs. McPhuridge. 18th Indiana Reports.
takes up tLis question, and disposas Of, at
least 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, aud no
person shall be eligible TO 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. roeH the capacity o.
being elected TO. an Office The Court also in this
case clearly recognized fractions Of term of of
fee. Now if we apply the principal of the de-
cissoH 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 GO
serve in a second term just so much time as he
held the Office during the first term. II this bs
logical and true, it also follows that he woald be
qualified and eligible TO holI and serve In sec
ond term just such period Of time that he did moi
hold the Office during the first term The CEN
clnsion, then, would appear inevitsble that Gov
Morton may be elected and serve as Governor
for three days. or so much Of the former period
as was occupied by Governor Lane, Whether
Z the people OF Indiana will attach 90 much impor
tance to a complimentary Endorsement Of thu
present executive as such an election would be
il is for that people to say. Whether such Al
intersement under all the circumstances wouls
be desirable. even BY Governor Morton, is TO
him 90 decide. .ls tn s e,ssfp ss1i ssd
; n si.r b.e Promotions. --..a, i.sisetr
The names Of Oolonsls 0aoss, CoLoRovE
wILpxa and ScRisSEE were sent into the Senst
on Tuesday for promotion to Brigadiers. !