Year: 1863

war loan. That the Legislature regarded as an
appropriation in pursuance of law, hence no pro-
vision was made in the general or specific appro-
priation bills passed at the special session of
1861 for the payment of interest on that debt.
Mark the difference There was no special tax
provided for or levied TO pay the interest upon
the State debt hence the Legislature regarded il
asnecessary, under the acts of 1859 and 1861. 10
provide for the payment of the interest in the
general appropriation bills and to conform to
provision of the Constitution which REQUIRES
that mo money shall be drawn from the treasury
but in pursuance of appropriations made by
law"


Where rests the responsibility, then, if any
failure should occur 70 pay the interest upon the
public debts IL is made the duty of the Legisla
ture to provide for and direct its payment. II
failed to do so owing to the revolutionary action
of the Republican members of the House. The
/ Governor has also duty in the matter
/ The Constitution authorizes him to convene
special session of the Legislature whenever
in his judgment the public interests may de-
mand IT, Certainly tlat contingency has arisen
il he regards the honor. the fair fame and the
plighted faith of the Stte worth preserving. He
certainly should not ask the State officers TO as
sume responsibility which the Legislature has
forbidden under severe penalties, when he has il
clearly within his power to provide a remedy.
The very condition of affairs has arisen which
even the Republican members of the last Legis-


ature anticipated as one of the consequences Of
their boiling, and they we're clearly of the opinion
that the State officers had no right to pay the in
terest under the statutes of 1859 and 1851 and so
expressed themselves.


If Governor MoRroS's loose and latitudinarian
con struction Of the Constitution and the laws are
to prevail-if the officers Of the State are 10 be
governed by the "intendmen, of legislative
act" or their judgment as to what that "intend-
ment" may be-there will be but little duty for
the Legislature to perform, and il will be un-
necessary for it to pass any appropriation bills,
for il is fairly to be presumed that the General
Assembly does not propose to create any debt by
law without intending TO pay it.


T There can be no question bat that il is the duty
of the Governor to exhaust all constitutional
measures TO provide for the payment of the in
to convene the Legislature for that purpose be.
fore the July interest becomes due


+ If there is any conspiracy to defeat the pay
ment of that Indebtedness whatever, it can Justly
be charged to Governor MORTON and his political
friends in the Legislature. who suggested and


justified the bolt at its last session, that defeated
the appropriation bills in which provision was
made for the payment of the interest upon the
State debt


There is one point that Governor MORTON is
careful to conceal He aud his party friends bit.
terly condemned the responsibility assumed by
Governor WILLARD in paying the Indebtedness
of the State without appropriations in pursuance
of law. Yet they now attempt to Justify their
conduct by quoting the policy of the latter as a
safe precedent. There is this difference which
Governor MoRroS fails to notice The State
officers under Governor WILIARD's admin
istration could assume responsibility with
out any embezzlement act staring them in
the face and its severe penalties. That
act was recommended by Governor MORTON,
and it met his approval. to deter officers from
doing the very acts which he now urges upon
them. Is that fair dealing, is it honest, is il
consistent? If His Excellency has no respect for
official integrity himself he. at least, should not
J ask the State officers to do that which two years
ago. he pronounced felony. and which should
receive the punishment due that crime He might
require this sacrifice from partisan associates
but certainly he has no right to demand il from
those whom he regards as political enemies.