Year: 1863

Governor MORTON must concede that there is
doubt whether the State officers have the author


ty pay the interest upon the public debt, under
the provisions Of the acts ofls59ard 1861. The
Governor and the State officers have alike taken
an oath to support the Constitution and obey the
laws of the State. And certainly Messrs. RIs
TIVE and BRETT are gentlemen equal in honor
and integrity to His Excellency. They desire
that the interest on. the public debt should
be promptly paid, and that all tie creditors of
Indiana should receive equal consideration.


They cannot. however, recognize that construc-
ton of the Constitution which makes the .in-
tendment" of Legislature law unto them.
At the last session of the Legislature a commit
tee was appointed to audit military claims against
the State In creating this committee, it was no
doubt the intention of the Legislature that the
claims thus allowed should be paid. But owing
to the secession of the Republican members OF
the House no appropriation made to pay
such Indebtedness. According 20 the logic of
Governor MoRToS the Auditor aud Treasurer of
State should pay these claims because such was
the "intendn.ent" of the General Assembly.


1t is due to all the creditors OF the State that
their claims should be paid. Good faith demands
this. The failure of the General Assembly, at
Its last session, to appropriate the money neces
sary to meet these obligations in pursuance of the
provisions of the Constitution, has created the
present embarrassment We know that the State
officers would like to dsburse every dollar in the
Treasury if they thought they had the authority
to do So The laws of 1859 and 1861 were en-
acted for the purpose of putting an end to the
loose manner in which the financial affairs of the
State had been conducted, and to prevent the as
sumption of authority by the State officers.


The Governor entertains the opinion that the
State officers have the authority to pay the in
terest upon the public debt without tie Legisla-
lature passing appropriation therefor, as has
been done since the law of 1859 was adopted.
The State officers believe they have such
thority The question has been brought before
the Courts for their determination. The Presi-
dent of the Sinking Fund commenced suit in
Circuit Court here, against the Auditor of State
TO compel him to issue warrant for the payment
Of the interest upon the dublic debt. Judge
FINCH decided that the warrant must issue. The
Attorney General demurred to this decision and
the case was appealed to the Supreme Court.
We are informed that Mr.. TALBOT notified the
Governor, and Messrs. JOSEPH E. MCDONALD
and A. L. ROACH who are the attorneys for the
foreign bondholders, of the tendency of the suit,
and requested their aid and co operation in its
prosecution We state this fact to show that the
case is intended for investigation and for
just decision OF the by the highest judicial
tribunal of the State The Journal, however,
threatens the Court in advance ifit does not de-
eide the case according to its views of the ques-
ton. The Court will do its duty in the matter
may be its decision it will be sustained by the
people. We notice that the Journal also threat
ems the Treasurer with suits for damages in the
Federal Conrts if be does not pay the interest,
whether there is authority for it or not. This
threat is put out, we suppose. to alarm the State
officers into compliance with the schemes of
His Excelency.


If the Courts are to determine whether the
State officers are authorized to paw the interest
upon the public debt. the decision may neces-
sarily be delayed until the time for payment has
passed. No such contingency should be per-
mitted in case involving the credit of the State
And what object in bringing the question before
the Courts, when there is more speedy and GER
tain remedy for the difficulty? The Governor
has the power conferred upon him to assemble
the Legislature whenever. in his opinion. the
public interests demand it. In the present
emergency he should not have the slightest
hesitancy in doing so. In ten days the Legisla-
ture could be assembled and in ample
time prevent the stain of Reputation from rest
ing upon the State There is not candid man
in the country who understands the question but
will say this is the Governors duty. lie ought
not to ask State officer to do what he regards a
doubtful act, when he has it in his power to re-
lieve him from all responsibility. If the interest
should not be paid in consequence Of the Gov
ernor failing TO call the Legislature together, he
will have to shoulder the responsibility for that
failure. This he can not evade. And if he de-
sires the interest to be paid he will not hesitate
to apply the constitutional remedy placed in his
hands. There are other considerations OF public
nature. and not Of party character, which re-
quire the action of the General Assembly, even if
the interest question was disposed Of The Gov
ernor should nos hesitate one moment in relieving
all doubt about the payment Of the interest by
promptly converting the Legislature. He has not
yet exhausted his responsibility in maintaining the
honor and credit of the State.