Year: 1869

regrets the necessity which existed
for convening a Special Session of the
General Assembly at this time. The
duty of calling you together at the
earliest practicable period after the
late regular session was so obvious
that / do not intend to occupy q
moment of your time In justification
or explanation of the proclamation in
pursuance of which you are now
assembled. By the resignation OF
seventeen Senators and thirty-fige
Representatives, two days prior to the
last legislative day of the late regular
session, the General Assembly was
practically dissolved, the quorum be-
ing, by said designations, destroyed in
both Houses. When this happened
no appropriations had been made to
meet the ordinary expenditures of the
State Government for the years 1853
and 1870, or for the support of the
benevolent and other public institu-
tions of the State during the same
period.


The fact that the General Assem-
bly, has, on three different occasions
within the last twelve years, been dis
banded by the action of minority of
its members before the appropriations
necessary to carry on the State Gov
ernment and meet the current ex-
penses of the benevolent institutions
had been passed, seems to Imperative
ly demand that these absolutely neces-
sary appropriations should be so pro-
vided for by permanent and contiD-
uiug law that they shall be placed be-
yond aud above the demands aud vicis-
STUDIES Of mere party organizations. To
this end, respectfully recommend the
passage of an act providing that,
whenever the General Assembly, at
its regular biennial session, shall fail
to pass laws making appropriations
for the ordinary expenses of the Stase
government and for the support of its
benevolent and other public institu.
tions, then it shall be competent for
che State officers to direct the Auditor
of State to draw his warrant on the
State Treasury for the amount neces-
sary for the purposes, not exceeding,
however, the amounts appropriated
for the same purposes for the last year
for which appropriations shall have
been made. 1t would be no difficult
matter TO frame a law of this kind SO
as to securely guard the treasury
against improper drafts being made
upon II, and at the same time protect
the public interests against the con-
sequences of failure on the part of
the General Assembly to make these
necessary appro roprlati0ns. In the ab-
senee Of such law, whenever the
General Assembly fail to pass the
necessary appropriation bills, the
State Government must either cease to
perform its functions, and the inmates
Of the benevolent institutions be dis
banded, or loans must be contracted
without the authority of law to en-
able these functions to be carried on
and these institutions to be support
ed. think no candid man will dis
pute the correctness of the PROPOSE
tion that when one branch of the
State government fails or refuses to
perform a clear duty which it alone Is
competent to perform, another branch
of the same government should not,
by such failure, be left in a position
in which it can not perform its own
duties without assuming powers not
conferred by the Constitution and
laws. The provision | am asking you
to make for all these ordinary and
necessary expenditures has long since
been adopted In relation to the Instltu-
ton for the Deaf and Dumb.


By the law governing that Instltu-
ton, ample provision is made for
drawing money from the Treasury for
its ordinary expenses, In the event
that the Legislature should fail TO
make the regular biennial appropria-
tion..


At your late session, in passing the
general revenue law, you wisely made
the tax continuous one until
changed by law. This was doubtless
done to meet the contingency of
failure to pass revenue law. l ask
that the same principle be adopted
respecting such appropriations as are
absolutely necessary for the contiuu
ance of the State Government and
the support of the public institutions
of the State.


/ trust now that you are again In
session, that you will, without dis
tinctiou of party, feel that your first
and paramount duty Is to make the
appropriations which the exigencies
Of the public service so manifestly de-
mand.


The Constitution of the State in
terms declares that :" it shall be the
duty of the General Assembly to pro-
vide by law for the support of insti
tutions for the education of the deaf
and dumb and the blind, and also for
the treatment of the insane"


Every member Of this General As
sembly, in common with myself, has
taken an oath to support the COnsti-
tuition of which the section quoted is
a part. Here, then, is plain duty,
binding upon every member, regard
less of his marty affiliations or rela-
tionships. Now, shall a plain duty
like this, concerning which honest,
intelligent minds cannot differ, be
subordinated to or made dependent
upon any other question of party
politics upon which there may
be an honest and an earn
est difference of opinion ? |
trust not. [ hope you will, with
the least practicable delay, make the
necessary appropriations, and espe-
cialIy those required to meet the ia
bilities already contracted by the
( Trustees of the State Normal School,
| the Commissioners of the House of
| Refuge, and the Trustees of the
Soldiers Home. The managers of
these institutions have been greatly
embarrassed by reason OF the fact
that provision has not been made for
the payment of these debts, and the
gentlemen who have made advances
| for these institutions have been put


to Inconvenience by reason of the


non payment Of these advances.


Having, at the opening of the last
regular session, given to you such in


formation touching the condition of


the State as was thought necessary,


and having recommended such meas


ures as were judged to be expedient,


L deem it only necessary now to refer