Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-04-11
WHOLE NO. 1921

s6O6,l 22, (Auditor's Report, p. l2.l But this
money cannot be touched, except by the sanction
of law, and the Governor is afraid of the law
making power. and will not call that BODY toge-
ther as he might do. COnst., Art 4, sec 9.
Now, although il is bis express duty (Consf.
art 5. Sec l6l 10 "take care thet the laws be
faithfully executed, he not only thus attempts
to execute without law but acts directly in the
face of the law and the Constitution. BY both
il is provided that money belonging TO, or raised
upon the faith of the State shall be placed in the
State Treasury. Art. 10, Const; Acts 1859, p.
227 G. & H. CAS- Ibis law is direct and
positive. 1t is the sworn duty of the Governor
TO take care that it is faithfully executed. G.
& I'll. l63. To what amount he is thus running
the people in debt there is no living man, except
himself knows: nor will they ever know while
he remains in office. But he had determined TO
do certain things whether be had the lawful right
to do so or not. This is the effect Of the Ian
guage he uses, namely: " That whatever might
be the true aspect Of the legal question" &c.
But to return. The reasons given by the Su-
preme Court in support of the decisions made,
and by the Governor assailed, are ample, and
viii be found at pages 32e 10 35s; and brief Of
counsel and argument Of Governor Morton on
pages 35s to $50 Of vol. 20, Ind. Reports. After
o careful examination of those opinions and argu-
ments, we viii refer to but one matter in addi-
ton; but il is such a matter as would, without
one of the opinions this sentence occurs:
It is clear tha, under present Constitution. and
perhaps fully under that which preceded * the power
TO raise revenue AMI 10 control the disposition az
raised, vested in the leislsrve branch or
government We cs1noi say but what there mie ht be
OF very great moment which might be considered
importance justify the temporary suspension the
collection Of sny considerable amount Of This
or Other eaIsmv yrSSer sSf s d~ss f,nsn, 11S9Sf
desire q coAtri ne disposRion eftte funds IA ne
treasury. direction oter tlaa toscartis TIE pay
saeHf Of the isfsresf 0a fhe public dect Page s52
The courf was then speaking of the funded
debt of the State. The suit being for the inte-
rest thereon
We do not suppose tie court was then aware
OF the fact that the Legislature had, By lar, given
different direction ia the funds provided 10 pay
said interest. The law is not alluded to in either
of the opinions; nor cited in briefs of counsel;
or argument of Gov. Morton, although he had
approved said laws. First: an act at the General
Session, 1861, p. l07, Sec levies tax for 1861
and 1862 of TWO cents on each one hundred dol
lars valuation and for 1865 and afterwards five
cents for the reduction and ultimate extinction
of the public debt" Section applies il 10 the
payment OF the interest FIRST, about which the
suit was bad. Afterwards, at the Special Session
of E6l, p. Is, a loan of two millions was au-
thorizcd - to repel invasion, and provide for the
public defense" AT the same session, p. 81, the
taxes levied and set apart 20 pay the interest and
for the ultimate reduction of the public debt was
direTted from that purpose, and ordered 10 BE-
paid on the said loan of two millions of dollars.
In other words, the money ordered at one session
to be raised to pay the old debt was, at an
other session, because of the war, directed by
the Legislature to be paid upon the war loan
then ordered. This was thought necessary, we
suppose, to give the war bonds credit in the
market where they desired TO raise money on
them. The Governor insists it would be an act
Of haH faith r,av fba infa ON, tho old
debt, the history of which he gives. A Relcdebt
was made on the pledge of certain taxes to DC
raised, and these were the only means TO pay the
interest on the old debt Ii would be clearly as
bad faith to now take these taxes, as the Cover
nor proposes and pay them on the old debt.
He finds fault with the officers of State for re-
deeming some of our outstanding bonds, after
having refused to let him have the money, and
to pay interest on the funded debt. The matter
is very plain. The Legislature, having the ex-
elusive control Of the funds, had not appropri-
ated anything for the cne purpose and had for
the other. By the act of May l3 1861 authority
given to borrow 81 600 600, and tax of
five cents on the one hundred dollars levied and
set apart to pay it, by authorizing the State debt
Sinking Fund Commissioners to buy IN the
bonds. See PIP. Is and 81, Acts Sp. Ses., 1861.
These officers, that the Governor was so abusing,
constitute that Board. The truth is, the Cover
nor did not know exactly what he was talking
little political capital out of something, and
therefore tried this dodge, and failed
Governor Morton, having thus shown that be
had quarreled with the Legislature, quarTeled
with the other State officers, and quarTeled with
the decisions of the courts, because those deoi-
sions showed he had been pursuing a wrong
course; next discusses his quarrel with the
AGENT OF STATE.
Indiana has an agency at New York, under the
x-,@t, Il hop n 4ba Cso.a
where holders Of the stocks of the State, when
they desire 10 transfer them, can do so, and where
the interest upon said stocks Is payable. Secs. 4
and 5, Acts 1876; sec. 4, lS47. The Legislature
elects the Agent. John c. Walker is the present
Agent. The Governor, after showing that the
State officers and the Courts in srIict pursuance
of law would not permit him to unlock the
treasury vaults at will, and that he was afraid to
call the Legislature together, says:
Iprcceedrd to New York. and opened negotiations with
Messrs. Winslow, Laner a G.. That atle and cistiu-
gu bed house promptly offered TO pay the interest The
proper eyider could be procured who the
stockholders entiu d TO receive IL.
He then SAYS that Walker refused 10 furnish
the list I" in long, mali lignant and frivolous COM
munication, in which he assaied the Governor =
that is, "big ingun me-" But he does not give
the reasons given by Walker, and which. no
doubt, from what We have already sad, viii
readily suggest themselves to the reader, namely;
that the Governor had no legal authority 10 bor-
row money for such purpose, and consequently
he could not do that indirectly which be could
not do directly; that he could not borrow the
money of Winslow & Co. TO pay this debt, nor
could he make an arrangement" by which they
would pay it, and become the creditors Of the
State. Upon what terms did he arTangel How
much interest was he TO pay them for the use of
their moneys How much bonus were they 10
pay him to get their fingers into this thing, to so
large amount on profitable terms These
questions show at once that there may be wheel
within wheel in regard to this matter. he next
shows that, through Winslow & Co., he attempt
ed to inveigle Walker into doing an improper
thing; that is, to draw checks upon said house in
favor of each holder of stocks for the interest due
thereon. 1t would have been improper, because
the State had no money there upon which 10
check Consequently these chicks might have
been protested-Eefused, for want of funds, and
would have deprecated at once, and Morton,
Winslow & Co could have bought them up for
triie, and held them against the State for their
full value. This would have been injurious TO
the credit of the State and ruinous TO Walker
Ii is true, Morton says Winslow & Co. promised
to pay said checks; but bankers promises are
like pic-ci ust made TO be broken; and, more
over, Walker as q sworn officer had no legal
authority to do such act, but with Morton that Is
like a womans "because," it is no reason at all
STATE PRINTING.
We copy in full the remarks of the Governor
under this head TO show either his ignorance OF
the subject, or else his willfu and malicious per-
version Of the facts in the case. He says:
sI should present the conduct Of the State on
GERS proper light II did not sude 20 their acson IN
regard the State Printer II Is di1cut 20 see upon
NOR they could refuse advance