Year: 1864




the first davs of January and July in each year. nnt
the princips OF the debt shall be paid The arrange
rnent was highly advantageous 20 the state, and da
much for the restoration of her credit Legisiau'h
had in 1916. Ain completion OF the arrangeshel''
was regarded perfect and continuing apPropta4 pa
ton from the Treasury of an aronnt OF money suth-
cient to paw interest from time 10 time, according
to the terms of the new agreement. was 50 f
ed and acted upon throughout the admin stranoh Oh
Governor Whtcorb throughout the two anduliis.rs-
tons of Governor Wright. and the late administrator
I of Gov Willard. In 1857 the Legislature having
failed 10 make the usual appropriations ior Ine
of the State Government, the Hon. Joseph L. Mcp0n
aid then Attorney General of the State gave II as ms
official opinion that. while there apr Iriatnns
authorisiug the payment of money from the treasury


for the support of benevolent institutions, there was
legal ani continuing appropriation for the pay' 'n OF
the interest on the State debt and in occordancc WITH


this opinion Governor Wizard in 1858 borrowed from
the Sinking Fund enough money 10 pay the July IN
terest the Treasury at tlat time being empty Inc
Constitution adopted in $780, expressly guar
anteed that after the payment of all necessary e2
penses III, balance should be APPROPRIATED for the
payment of nteres, and principal Of the State debt.
Then Indanas credit reclaimed. and II was Fta,y
important that it should be preserved But IN July,
1853 it found these Copperhead State oncers
declared that there money appropriated to pay
the interest the debt They then loud IN their
cry that. as would dare allow the matter so i'm,
portant go by default, would be compelled to call
the Legislature together again.


Justice to Mr.. Brett, the Treasurer of
State, requires it to be said that he did
not enter readily into this scheme OF re-
pudiation, and that he frequently ex-
pressed his entire Misrepresentation OF It,
To secure the o-operation of Mr. Brett,
and to stem the current of public indlg-
nation setting in against the parties oil the
other scheme, it was determined In May
to secure an opinion from the Supreme
Court, by which Mr.. Brett could be
coerced and which would shelter Ristlne
and his fellow workers. Accordingly
| -ho
it was understood, was one of Ristines
advisers, commenced a suit against RiS-
tine in the Circuit Court of Marion
county, asking for mandamus against
Ristine to compel him to issue warrant
upon the Treasurer for mount of money
sufficient to pay the approaching July
interest The Sinking Fund was the
holder of large amouts of our State
stock, upon which it was the duty of
Talbot to collect the interest, and the
bringing of this suit was apparently in
performance of his duty. Itwas obvious
however, that if such suit was brought
it would be a mere sham, concocted
thing to cosummate the original scheme
of repudition. The history of the case
in its progress through the Circuit and
Supreme Courts clearly established the
truth of this opinion. The history of
the case in the Circuit Court is set
forth in the card of Mr.. Smock,
the Deputy Clerk of that Court, which l
will read:


"INDIANAPoLIs, May Is, 1S63-In the
case entitled the State of Indiana on the
relation of the Commissioners of the
Sinking Fund VS.. Joseph Ristine, Audi
tor of State, the papers were first pre-
sented to me by Mr. Hord the Attorney
General, on Monday the 11th day of
May, with request that the entry pre-
pared should at once be entered on re
cord. and transcript made out and
certified for the Supreme Court. This
was my first knowledge of the case. Mr..
Hord stated that the case had been passed
upon by the Court. The papers consisted
ola complaint, demurred to complaint,
aud demurrer TO answer, and of an entry
in the hand writing of the Attorney
General, rcciting the overruling OF the
demurrer to the complaint, the sustaining
of the demurrer to the answer, and the
Judgment of the Court that writ of
mandate issue in conformity with the
prayer of the complaint. The Attorney
General wanted me to quit my other
work and make the entry in the order
book Immediately. which l refused to
do, and told him that the transcript could
not be made then, unless it was made
from the original paper and before the
entry was made in the order book. Mr..
Hord replied that he would take it in
that way | supposed that it was all
right, and that everything had been
ordered by the Court


The papers were then taken to the
Clerk office, and from them a transcript
was made out and certified, before any
step in the case had been entered upon the
order book and before the minutes had
been read or signed. As soon as the
transcript could be completed in this
mode it was handed to the Attorner
General. who was waiting at the Clerks
office for it; he said. as he received it,
that he hoped to get decision in the
Supreme Court in a few days, and that
the costs would be paid.


After this the entry was recorded
When Judge Finch read the entry he re-
marked that he had not been informed
of what it contained-that it had not
been read to him, and if he had known
its character it should not have been re-
corded. He struck the entry from the
order book with his own hand, and be-
fore the minutes for the day had been
signed.


w u SAOth- deputy Clerk


defy the records of any court to find
a parallel to this case 1t was smuggled
through the Circuit Court by fraud 1t
was decided that there was no appopri-
alton to pay the interest, and the Copper
heads came TO me with the demand that
1 should call that traitorous body to-
gether again. But / did not. went
to New Y ork, talked with tie capitalists
there. and they said, I'VE will lend YOU
the money and trust to the good faith of
Indiana to get it back Messrs Win
slow. Lanier Il Co. gave public notice
that they would pay the back interest.
which fell due in July, and that which
accrued on the first day of january.
1864. Up to this time they have paid out
$3.50. 900, and, on to- morrow. when it be
comes due, will pay S16e.0oo more.
ICheers-


And thus the credit of the State i,
maintained, and ii is for this the Peace
Democracy of the State, through .Judpe