Indiana State Sentinel, Volume 23, Number 2, Indianapolis, Marion County, 8 June 1863 — Page 2

WEEKLY SENTINEL.

MONDAY, JUNE -8. miliary and Clrll Conflict In Chi tTh Order Suppressing- the Chicago Times 71 ee tins of Citizens in delation Thereto Petition of Members of all Political Partie to the President for the Iteseindlngr of the Order. -The order of General Bvussmc BQpendlnthe Chicago .Tiraed caused intense excitement iuthat eitjr There were fears of t mob in consequence, but as the proprietor of the paper had appealed to the law to redress their grievances and determine their rights as citizens, by common consent it was agreed to submit to tlie leyal determination of the case. As a matter of public interest we copy from the Chicago Tost its account of the occurrences connected with the enforcement of General Bir.nside's order: m . At 11 o'clock. A. M., ou Tuesday, th publishers of the Times received the following noli fi cation: - Bt TiLiGiArn from IIkadqua lTras,) ' Cincinnati, June2. J Editor Chicago Times: . 1 . . . "! Yon iM-e hereby notified that I hare issued an order stopping the publication of jour paper, which order will be published in the morning: pa per of his ci:y to-day (Tuesday morning.) You will please goveru yourselves accordingly. A. E, Bcr.nsqe, Maj. Geu. . -This was fallowed at 7 o'clock by the following notice mm cd upon the publishers by a military officer from Camp Dongiiis: . .. - Br TrLtoKAm from Springfield Ciucago, June 2, 1863. To Capt. J amen S. rut nam Camp Douglas'; You will enforce the following order of Major General Burnside:.. Cixcis ati, Jane 3, 163. Gen. Annex: I have issued an order suppressing the Chicago Times. You will see that no more publications ot it are made, and, ifneces-sa-y, you will tike military possession of the of ire. Signed. A. E. Bcknsidk, Maj. Gen. J. Ax men, Brig. Oen. 't seems that no attention was given these or c'ei , and the work of preparing the paper for publir tion proceeded as usual. At a later hour the ,offi er from Camp Douglas took possession of the office, and notified the publishers that the paper must not issue. This was speedily noised abroad and the utmost excitement on the part of the friends of that journal wa3 manifested. Loud denunciations and fierce threats were indulged in, and it was openly declared by outside parties that the paper should issue. Meanwhile the publishers proceeded to appeal from the military to the civil law, and at eleven o'clock at . night, upon an application properly made, the following informal and temporary notice was issued by the Hon. Thomas Drummond, of t!.e U S Circuit Court, aud was served upon the officer io charge: U. S. Circuit Court, Norther District of Illinois. Wilbur F. Store and Anauias Worden tm. General A. E Burnside, Cen. A and James S. Putnam. , Whereas, un application has been made to me by bill on the equity side of thU court to restrain and eojoia the above uained defendants from carrying into effect an order of Maj. Gen. A. E. Burnside, dated June 2d, 1863, purporting to be made by him as an officer acting under the au thority of the United States, lor the suppression of the publication of a newspaper called the Chi cigo Times, and whereas the application has been made at so late an hour that it cannot be heard before to morrow; now, the above named defendants, and particularly the said Gen. Am men and Jas. S. Putnam, are hereby directed and enjoined to take no steps or measures to carry into effect the said order of Maj. Gen. Burnside above referred to, until the applicatiou can be heard in pen court to. morrow; nd they are hereby enjoined not to execute the same. , Thomas Dbcmxond, TJ. S, Judge. .Chicago, June 2, 163. . . Upon the service of thiswrit. the publishers in formed the officer of their purpose to issue a p per in tle morning, whereupon the latter proceeded to- Camp Douglas with the avowed purpose tobring a sufficient military force to carry out the orders of his superior officer. Soon afterwards, the publishers dispatched a number of mounted scouts to the camp, with instructions to recounoiier, and return with information of the first movement of the military toward the city. The scout returned about two o'clock in the morning, anno'incing that the military were on the march. The paper was quickly put to press, all the doors of the establishment were locked, and the machinery was run at its highest speed to get off as m uiv copies as possible before the trooj should arrive. Probably two thirds of the edition were thus worked off. The city carriers received their full supply, and a considerable portion of the mail copies were sent to the postoffice, tlte post master having received instructions not to forward them through the mails. About half-nast two the troops from, C.imo Douglas arrived in front of the building in which the paper was printed. They found the doors locked, but obtained an entrance, it U said, by breaking id the doors. They took possession of the press. confiscated" all copies of the paper wliich b id not bd been sent out of the establishment, and placed a guard in the. mailing room. Thus matters stood in the morning. Kirly yetterday morning the eventsof the preceding night became known, and several hundred persons collected about ihe office, and so . blocked up that portion of Randolph street that f irce of policemen had to be sent to clear the sidewalk. M iiiv persona li the crowd were intensely excited and talked rapidly, others m ere -lei thither by curiositv and did not talk at all, or at least not much. As the- talking pr gre-sed. Iiowever, the excitement increased, and was soon . fanned into a bhze by the following hand hill which w posted ip the front windows of Ihe office and distributed through tlte crown: All good, loyal citizens of Chieapo. w ho are in favor of free speech and the freedom of the press, as guiranteed to us by the Const tution we love and behold, are invited to assemble in mass meeting, iu front of the Chicago Times office, on Weinesday evening, June 3d, at 8 o'clock, to take counsel together in regard to the recent infamous order of Gen. Buruside, suppressing pa- . pers always Deioocratic, and consequently always loyal. . By onler of the Committee. Thi anonymous production had the effect of largely increasing the crowd and addi:.g immensely to the excitement, which at any time was rife for outburst in violence, bad any particular object of attack presented itself. The soldiers renrsired on guard until alout 8 o'clock, when they were withdrawn, or at least disap- . pe red from publto view. , Upon the opening of the Federal court, at 10 o'clock, Jame F. Joy snd Wirt Dex'er, Esq., attorneys for the publishers. appeared, and Sir. Joy said: . ..... .... "In this case relative to the suppression of the Chicago Times newspaper, I wish to say that we . hTe not been able I find the officers. Captain Putnam and General Am men, upon whom to serve the notice in the case. So soon as the notice is served upon them, we will come before the court and ask for an injunction." ' lion. S. A. Goodwin, fj. S. Dis rict Attorney, said: " From what passed last night I am induced o say that I do not appear for the military authori ties. However, a suggestion baa been made to - me that if the parties can not be found, in a question ot so grave a nature as this, whether it would not be well, if this motion is to be brought op, that row should deem it wine to have your associate on the bench. Whether it may bo considered necary or not I do not know. Per haps the gentlemen on the otbr side would be p!eod to have the ca) beard before he whole - roslrl. - - r. s- Mr. Jov We have no objection. Indeed, we shall be pleased to hvc all the membeis present. ". It is a matter of immfiiu m..miu,t iV I tion of a newspaper. I am not one who approves of its coarse very far fr m it; yet fh quo-tion involved in this ease is whether a military oflicej may or may not stop free speech and dicRsion upon any question. That qaestion is one of imsaene moment, and if your associate can s;t. we shall be pleased with the arrangement. The ex teencies ot the case, however, are so important that the case should be heird at onre. If per sonal rights can be protect el by the court, it should be done; but I hope noth'iig will be done to brin? about violence. Any course will be accept iMe to . Jndge Drammond I saw an order in the news papers yesterday for the suppression of t!i Time:! newapaper. I dkl not know that it was correct. I ws not until late that evening informed that the military authorities, had taken it upon them elves to carry the order Into effect. At the .same time I was informed that an application would be made to me to arrest the action of Gen. : urnside. It waa about 1 o'clock last evening

rhen ihe application was presented to nie, which! llejed that the proprietors of this newspaper were ordered to suppress its publication, &c., and. the interposition of the court was a-ked to arrest, it. The consequences of the act f OeuJ BumSide were vast, iuasmuch a it affected lh-iuter ests of all the proprietors and the public, the ritrht of froTerv und- l-tbooght it tlut dutv of

the court, without determining any que-tioii"öf right to the mil:tary atrtlioriiies.to take in. con sideration that there was a question of so much more importance Involved in this bill, that it was the duty of the court to hear argument upon it. aud llu't thU-order shouhLissue. ..thought it was nothing more than fair and just to aif parties -plaintiffs as well as those representing the tlov. eminent. The court did not intend in issuing 'he order that it should fatabd as an injuctioit. The order-was made last evening by the Judge nt Chambers The act of Congress and rule of court require that, before any special it juuetion shall issue, notice shall be given, and it was for that reason and the exigency waa so treat that the order could be issued, the Judge then advised the counsel to teleeraph to Judg-r Davis to know if he could come here aud heir tb i case, or the counsel might argue it in Springfield He would cheerfully do all in bis power to hare the case argued before a full bench. These parties have the same right as any other parties, and the Court cannot refuse an application of this kind. Whether the bill is a proper one is a matter that will come up on tho hearing, ll ia nn exceedingly painful subject lo me; I may say both jerson all and orofesidonally I desire to give every aid and ast-MLance ia - my Dower to the Government nd to the Administration in restoring the Union, in cementing once more that loud which u kited US together.- But I have always desired, have always wished to treat the Government of law as a Government of the Constitution, and not a Gor err. men t of mere physicul force. Loud cheers 'om every nart nt muia 1 trust there will be do interruption of the Court. I personally have contended, and shall always contend, for the right of free discussion and the right of commenting, under the law and under the Constitution, upon the acts of the officers of the Government. I claimed in a speech, or an address, which I once made before the people of this city, that I believed in that right because I thought the Constitution and the laws guaranteed that right. . As an officer ol the -Government, I will seek to maintain that Government, bat I believe that the Constitution and the laws furnish ample means ample means to suppress this rebellion. I believe that the military authorities act under the laws, under the Constitution. I also believe that when there arc military operations going on, when there are armies in the field in hostile array, in battle, in movement, then the civil au thotitv ceases. And then comes in martial lawthen comes in the law of war. But the armies of the United Slates, the President of the United States, the Major Generals of the United States, act under the authority of law, and the military l.w is just as much under the Constitution and under the law as is the civil law. precisely. Before concluding, I rhould desire that the counsel, who have made this application to me, might ascertain, as they can easily by telegraph, whether Judge Davis will entertain this applica tion, either alone or connected with me. I will say one word further: That while there may be considerable feeling produced bv an act of this kind, still we must recollect that nothing is ever gained by violence.' These parties have appealed to the court, and the court, so far as it is able to do so, will deter mine their rights of property. I trust that there will nothiug occur in this community which will show a want of confidence in the civil tribunals of the country. It is desirable to know whether we live under a Government of law or under a Government gimply of force As I have already saiil, I believe that we live under a Government of law, and I trust that every citizen of this com munity also rests under the same belief, and that all, each one for h:mjelf, will remember that we live under a Government of law. The court adjourned subject to the Judge's call. The citation was served upon Captain Putnam late in the afternoon. . Early in the evening the people commenced assembling around the Times office, but the throng was bo great that the meeting was adjourned to the puplic square. The meeting was called to order bv ex Lieutenant Governor E. W. McComas, formerly of Virg uia, and Steward M. Fclleb, 'Esq., was appointed President. About seventy-five Vice Presidents were also appointed, and a large number ot Sec-' retaries. Speeches were made by Mr. Fiixia, General SiXGLrrox cf Juincy, Hon Moses M. Steoxo of Wisconsin, Governor McComas, E. G. Asat, Wirt Dextek, and others.. The following resolutions were passed amid much cheeriug: The twentu thousand loyal citizens of Illinois, assembled this evening to consult upon their inltr eels, do resoce, 1, That law is the bulwark of liberty; the abrogation of law is the death of liberty; the Con stitu:ioii guarantees the freedom of speech and of the press nod oi the right of the people peaceably to assemble, and to petition the Government for the redres of grievances An infringement of these rights is a blow at the Constitution; an abtogation of these rights is the overthrow of the Constitution. He who et eks to abridge or dcstroj these rights is a traitor to law and to liber ty The people of Illinois will forever demand and insist upon these righls. They will obey the laws themselves and insist upon a like obedience by all men. They will seek redress for grievances through the forms of law and the irihtfiiaN of justice. They will demand and in cist upon the trial by jury of men not in the military or naval service, who are charged with crime; they will demand and insist upon the right to speak and print their opinions of men in power, and the measures of thoe men; they will demand and insist upon the judgment of the civil tribunals upon men or newspapers charged with the expression of "oisloval ami incendiary sentiments." 2. The military power is and must remain subordinate to the civil power. Military, like civil functionaries, derive all their powers from the law. - So Tar as they act under the law they mu-tbe obeyed. When they exceed the law, their orders and decrees are void. - 3. General Order No. 4," prnmnlsated bv General Buruside, by which the publication of the Chicago Times is declared to be suppressed, is without warrant of law. and should, as we have an abiding belief that it will, forthwith be rescinded by the President. If the Times, or any other public journal has exceeded the limits of lawful discussion or criticism, the civil tribunals. and they alone, are the competent and iawlul judges ol its crime. To the courts of law it an peals; let the courts and the courts alone decide its fate. 4 The people of Illinois are devoted, with their lives id their fortune, to the elorions Union ot the Sta'es under the Constitution made by our father?; they will racrifice life and for tune, and all but liberty, to preserve that Union: they will, cordially sustain the authorities in all honest and lawful efforts to preserve that Union; but they will 'jot sacrifice their liberties, though lire and fortune co together. Penceabt v,olerlv, loyally they will maintain their liberties, so Ions; .1 .It I ... .L . u 'II L as iney can inns i-e maiiiiaiiiuii, uui nie a in u.ivc them at every hazard by some means. HOW THK CHICAOO TWIBCifE WAS SAVED. During the day .much t ilk and some threats ere indulged in relative to mobbing the oflite of the Chicago Tribune. Expressions to this ef feet coming to the ears of the stockholders of that concern, caused great uneasiness, ana toward evening the front windows of the establishment were barricaded with paper bales. The bales were placed four deep and sufficiently high to pro tect a man of ordinary stature from the shins up ward I tins t-rranied they formed a rerr sub stantial breastwork, behind which the editors, clerks, fomjosib'r and pressmen, under com mard of the heroic Dr Brav, could hold at bar a t fry considerable force of assailants. In addition to these military precautions. Col. Han cock's Home Guards, eieht hundred stronsr. were ordered under arms witb thirty rounds of ball cartridges. The regiment was held in re serve until n late hour t night within a convenient distance of the expected theater of hos tiliiies. SUBkT MEETIVt) TO SATK THE TRI DINE. S- great, indeed, were the fears for the safety of the Tribune establishment, that Jmlfe Vsn Iligins, who is understood to be one of the larg est stockholders, got together in the Circuit Court room a secret meeting of the prominent Republicans to consider what should be done in the premises. A number of Democrats were cm lied in. the doom were locked, sod the meeting organized at 12:30 P. M , by the appointment of Juvor Sherman (Uemocrst,) to the cnatr, and M.'F. Tuley , (Democrat.) Secretary. The following record of the proceclio. is furnished fir publication by the Secretary: Remarks were made by Jude Van Higgins, Hon. Lvui-m Trnmbuil, Isaac N. Arnold. Wm. B Ogden, S. S Haves. James F. Joy, A. W. Arrington. Samuel W. Fuller, Wert Dexter and others. ... Hoa. Wm. B Ogden presented the following resolution aud petition: vV bxbeas. In the opinion of this meeting of citizens of all parties, the peace of this city and State, if not the general welfare of the country,

are likely to he promoted by the suspension or re-j scinding ot the receut order of Gea. Burnskie for the suppression of the Chicago Times, therefore, r I f ' Resohed, That upon the ground of expediency alone such of oar citizens as concur in this opinion, without regard to party, are hereby recommended to -unite iaa. petition tojhe President,.

respectfully asklnglhe suspension" Of fesclßctin' of said order. The undersigned, In pursuance pf the above resolution, respectfully. peMtiori the ' Presidents favorable consideration and action in accordance., therewith. Which was unanimously adopted. ' - On motion the Chair appointed a committee of 9ve to circular aad obtain signatures to the petition, , The Chair appointed Messrs Wm. B. Ogden, Van II. Higgins, A. C. Coventry, Judge Dickey aud C. Beckwith, EJq. On motion the persons present were requested to sifjn the petition. Senator Trumbull and Representative Arnold announced their intention to telegraph to the President to ?ive this resolution his serious and prompt consideration. The committee were directed to send the resolution and petition by telegraph to the President. . " The proceedings of this meeting were ordered to be published in the morning papers. ' ' The Tribune office still stands. At 1 o'clock Capt. Putnam, learning that the publishers intended issuing a suppllment, arrived from the camn with ' forty men, an I surrounded the office, for the purpose of suppressing all issues. The Case of VallandlchaiH-Dancer ' to the Oovernment, and. How to .Heel It. It it stated that Jeff. Davis has offered per-miwio-VHndigham to remain at large In the Southern States if he will k th nth of allegiance to the Confederacy ; but if not, not. Vallandighara. of course, will not take the oath, and he will be thus reduced to oaeof two courses: either he will recross onr lines under a flag of truce and be sent to Fort Warren, according to the intimation he received from Gen. Rosecrans, or he will be pernrtted to. escape from the Confederacy to Canada by way of Nassau. lie might in that event take up his abode on the f.-ontier just opposite Ohio, and be enabled to hold frequent communication with the Democracy of his Slate. The probability would be that he would tret the nomination for Governor, and, if elected neit fall, he would be sure to find means to cross over, and then he would te sure to bid defiance to the President and to Burnside; and it would be impossible to take him out of the State unless by producing civil war in the Western States Such are the perilous or humiliating consequences to which the first wrong step inevitably leads. No good can be derived from the course pursued bv Oen. . Burnside, through the influences of Chase and the orders of the War Department, and it may be productive of incalculable evil. It will make a martyr of Vallandig! ham, and ho the means of elevating him to positions of honor, which otherwise he never would have attained. But it will be sure to damage the Government. The people, in their elections, hare already expre.-ed their disapprobation of these arbitrary and unconstitutional arrests in the loyal States, and it was not prudent to continue them. The last Congress, sensible of the current of public opinion which hart eet in against the Administration, passed an act, which was siened by the President and became the law of the land, prohibiting all such military arrests und trials in future, and directing lhat politicrl offenders should be dealt with by the civil law and have a speedy trial by jury. In the face of this law Vathtndiphnm was arrested, at dead of night, bv a file of soldiers, in a peaceful, loyal State where martial law . had not been proclaimed, akcre the habeas corpus had not been suspended, tried ami sentenced by court martial. Such pro ceediugs have not only no warrant of law, but are directly contrary to law and the Constitution, and have not even the merit of expediency to recommend them. They are extremely dangerous, snd the sooner the advisers of the President take the buck track the better for themelves and for the peace and harmony of the loyal States. . Let not excessive confidence in the armies now under its control influence the Administration to a series of fatal steps which must terminate at last in a bloody anarchy. In 1843 Trance was more prosperous than it ever had been before. Louis Phillipe, King of the French, false to the people who elected him, and false to his own interests, blindly relied on his new fortifications around Par's, which he deemed impregnable, and on a powerful, well organized army, to enable him to trample upon popular rights, as he did by the advice af evil counsellors. This ' king of the barricades," äs he was called, prevented first the assemblage of political meetings in oppost tion to his policy. The leiders of the opposition then proceeded to get around the royal edicts bv announcing public dinners. These, too, by the advice of a perverse Cabinet, were prevented at the point of the bayonet. The reople. accustomed n a representative government and free dorn of discussion for a period of eighteen years, would stand it no longer. It is the latt feather on the overloaded camel which breaks his back. Louis Phillipe violated the Constitution, be broke their charter. . The patience of the French people gave way tinder this last act of their King, and there were plenty of reckless desperadoes ready' for their own purposes lo spur them on. After three days' fighting in the streets of Paris, notw itlist inline his large standing army and for tifications, the Bourbon was compelled to seek safety by flight, under the disguise of a wig and a sailor's jacket. . The revolution was complete. The English, from whom the French in mod ern times borrowed the idea of public discussion and representative popular government, have been always extremely tenacious of the right of free speech, even to revolution and civil war. Nor will their kindred of America ever endure its infringement; and whosoever advises the President to sanction thfl overthrow of the right by bayonets is his mortal enemy and the enemy of the country. A republican Anglo Saxon govern roent, in peace or war. can never be carried on upon the same principles as those which reguiate the despotism of Austria and Russia. Let not he President, therefore, permit the Administration to put him in the wrong. There are evil men who will be sure to take advantage of the error and iiiHame the passions of the people; and Heaven onlv knows what may follow. The chief organs of the Republican party nre compelled to condemn the military arrest, trinl and nunishment of Vallandihain Leithe President lake the wind out of the sails of Vallandigham by is suing an order cancelling the sentence and per mitting him to return to Ohio nt once. This would also take the wind out of the sails of Chase and make the President exceedingly popular. The prisoner set free would do far less harm than he would if he were in durance at Fort Warren, at larj: beyond the enemy's lines or ia Ciin uh, au exile in sitsht of the chores of his native Sta e. Let the bill of nchts guaranteed by the amendments to the Constitution be sacredly respected, and all will be well. There is no necessity for their violation, and, alter the warnings which have beeu borne to the ears of the Administration, , to persist in such a course can be regarded as nothinir bort of that madness which ever precede the destruction of its victim. The Enmicial condition of the rotintrv is hihlv prosperous, and the final success of the Federal urmsand the restoration of the Union are only questions of me, if ordmat v prudence guide the National councils. Let not our hopes, therefore, be blighted by nny insane policy calculated to fer ment civil war at the North. The wisest plan which the President can pursue is to cut loose from the radicals, stand by the Constitution at'd throw. himself upon the people, who will enthusi atically sustain him iu a conservative policy. By such a couise. in view of the disorganized and confuted stale of parties. broken into antagonistic factions, Mr. Lincoln would nut only save Hie Republic, but become the popular candidate for the succession, and stand a better chance of election than any competitor whose name has yet a ppearesl before the pubbc. N. Y. Herald. Well Said. Levi Bishop, at a late Democratic meeting in Detroit, said! The Democratic party is in every sense loyal to the Government With them the Constitution, the laws, and the personal liberty of the citizens arc watchwords. Two vents ago they were atked to sustain an Administration with whose political principles they could not sympathise ill its effort to maintain the Constitution and overthrow the rebellion; and upon being as ured th-it these were the objects for which the war wis 'o ! waged, they laid party aside, came op to the woik and did their whole duty. And to day the silent voice of the slain from a hundred battlefields, proclaims ti e loyalty of the Democratic psrty, ' A gooa Democrat si.rt a good citizen will annex no terms or conditions to his allegiance ta the Government. ' " There is said to be some trouble in Sullirnn county in regard to the enrollment under the Conscription uct. ' Troops were sent down there yesterday, hut a collision is not anticipated. By the exercise of discretion on the part of the Enrolling Commissioners, difficulties can be avoidel; and not-e but the most discreet and sensible men should be appointed to such positions.

I H '. 1 A 1 1 T .Tl F. XV. O F, 1 1 1 1 V 1 1 1 0 . willltary Orders Of ficlnl.

IIeadquartecs Depaktxext or the Ohio, . CixcufXATi, O., Junejl, lCiC3. General Order Ao. 90. and in all such cases as do not clearly show pre meditated disloyalty on the part of the accused. or when a nesire is m:mtesfeil to atone tor nnst . . - -.. . faults by future rood conduct, the prisoners will 'lit be released on taking tlte oath of. allegiance and giving bonds for "a strict observance thereof. The General commanding Is convinced. that a large majority of the men arrested have been misled by dishonest and designing politicians, and he prefers to strike at the sources of the evil, and allow those who have been led astray to return to their loyalty and allegiance, if they have seen the folly and sin of opposing the Government. The United States, in striving; to put down a rebellion unparalleled in history, requires that every man at home or in the field shall each in his sphere be enlisted in the cause.. The necessity demands a sacrifice from all. .In reponding to this call, the devotion of the citizen soldier stands foremost, and bis sacrifice is the greatest. He gives up all that is dear to the citizeu his home, his freedom of speech and action, the prospect of gaiu, and often gives his life. He exacts no condition?, but surrenders himself wholly to his country, as represented by the constituted authorities placed over him. . But while he thus yields up his civic rights so entirely to his country, lie is none the less a citiwn; he waive them temporarily tq zive greater efficiency to his efforts, and looks forward to the time when, the authority of the Government rcT stored, he shall again exercise the rights be has patriotically laid down. , I . While the duties f a cit..ten are of a more peaceful and less exacting character, he is none the less a soldier, and it becomes him to appreciate the grandeur and entireness of the devotion of his brethren in the field, and to remember that he too has sacrifices to make; but the coun try's demand upon him is comparatively but small. The country requires from him no physical sacrifices, no personal hardships; it merely asks that he shall imitate tli loyal example of the soldiers in the field, so far as to abate somewhat of that freedom of speech which they give up so entirely. The citizen would be unjust to the soldier, as "well as unfaithful ! his country, if. while enjoying the comforts of home, he would be nnwilling to girea portion of a j.rivilege which the soldier re-igns altocether. That Ireedom of discussion and criticism which is proper in the politician and journalist in time of peace, be comes rank treason when it tends to weaken the confidence of the soldier in his officers and in his Government. When this insiduous treason, striking at the very root of that military power which is for the time being the country's protec tion, makes its appearauce, it is the hounden du ty of the Commanding General to expel it from his lines, with a heavier baud than he would drive from his c imp the villain who would scatter a material poison, that would inveterate aud diciruate his soldiers. - The General commanding desires to again call the attention of the officers. Provost Marshals, aud others in authority, to the necessity of great care iu the making of arrests, which should iu a.lnstances be founded on. full affidavits sns tabling distinct charves except when the exigen cies of the case demand instant action. Carelessness iu this respect is only less censurable than negligence iu the dctectiou and punishment of crime. With the exercise of scrupulous care r.nd sound discretion on the part of officers, and a candid consideration nn the part of all citizens, of the relations of the people and the army to each other as above set forth, the General commanding is full of hope that mutual co operation in putting down the rebellion will become more hearty and effective, the necessity for arrests will tie diminished, and the tendency to factious opposition to the Government, and hurtful criticism of its measures, be removed. , . . By command of Major General BURNSIDE. . , Lvwis Richmond. Ass't Adj't Gen. Official: W. I. A person. Assistant Adjutant General. An Apoatleof Freedom. The following is Iron, ihe Hon Mr. Con way, member of Congress from Kansas, in the last Congress: To the Editor of the N. Y Tribune: Sib: The recent avowal of Mr. Gerrit Smith that he is in favor of the restoration of the Union, eveu if such restoration should involve renewed power to shivery, is a slight indication of that counter revolution in public sentiment on this subject which the war is calculated to effect, and which political leaders seem determined through it to bring about The only period in which there was a ghost of a chance of giving this war an anti slavery result was the firsttwo years of its existence. If it had been taken hold of nt the outset as an instrument of revolution to dissolve the Union and constitate the North the nation thus liberating the Government from all constitutional obligations to slaveholders, and had then been rushed through with skill and cnery, un'er wise ministers snd competent Generals, in a manner to give full effect to the power of the North, slavery would have been swept out of existence and the seceded States conquered to the authority of the Unio't, and held as syhject provinces. But this w;is not done. On the contrary, the war was emplojed as a means to prevent revolution and to maintain the Union. The object was to force upon the slaveholders the rights guarantee.! to them by the Constitution they discarded. For nearly two years the most zealous regard was paid to these rights," and military operations conducted in a manner to induce the Southern people to return voluntarily to their Federal alle giance. Jn consequence of this -ohcy, the golden opportunity slipped away the South became a determined and settled power the North lost the prestige of victory, and its mnralu was broken. Thus the war became a failure, and ceased to bear upon the question of the subjugation pf (he South in any manner whatsoever; and now, what ever may be said to the contrary, there are few reflecting minds which have not come to thecoil clnsVii i lint the indei-cinience of the S uth is an e-tablished fajt,w lieiher rccj;ti:zetl or not. The war for the future. theirlWe, becomes simply au itu-irunieut in the ham's of political malingers to effect tcsul's favorable to their own personal ends, mid unfavorable to the cause of Ireedom. , , What mutters it that a few resriments of ne groes, more or less, under white othceia are sent into the field! What matters it that the Presi tent's edict of emancipation is printed in Little li Hrown edition of the United Statutes at Larjje? I Richm!ld:i)iirs? or even Virk-burgI Des not the Conftlr:icv Flill stand firm and defiant, ll lid does it imt promise to st and ho iti the fiiiurtjV And, HlMve II, is not the Presidential election approaching T It is now Hssumed that the Union is an object paramtmiit over all other considerations, and we arc told that it must never be relinquished. We are asked to adhere to the war. not because it gives us successful achievements in the Geld, but for the refill simply that otherwise we give up the Union. We nre told also that the institution of slavery, like all other institutions (vide N. Y. Times of to day,) is of minor importance one way or the other, comoared with the Union; tint it must give way or not give way ; be destroyed, or granted a new lease of lite, with increased power, just ns the exigencies of the Union may require. Ami to this doctrine, that life-long Abolitionist. Gerrit Smith, and that zealous Republican. Mr. Raymond, and that emiuent Democrat, Mr. Van Buren, all alike assent. Since the deportation of Valtand'gham. it is suopoaed that this is to be the mongrel Democratic platform lor the r.ext Presidential race. Now, Mr. Editor, I desire thus publicly, and from the beginning to announce my emphatic wish to be counted out of nny such arrangement. I went Into this anti slavery business earnestly, and on the presumption that I was acting with honest men men who hated slavery, and who were determined to cast it out, come what might T find that ns to many I have been decieved. I find that these men want power, and care for uothing else: and that tor the sake ot power they would kill all the people of the South,' or lake then, to their arms; that they would free all the slaves or make their bondage still more hopeless; or do any other inconsistent or wicked thing. I have no sympathy whatever with such an unhallowed last of dominion. A a for the Union, I would not give a cent for it unless it stood as a guarantee for 'rredom to every man, woman and itiild within its jurisdic tion. I consider the idwi that everything must he sacrificed to the Union as utterly preposterous. Wht was the Union made fort That weshould sacrifice oursei ves to it? I, for one, would beg to be excused. As things stand. I would stcrifice the Union to freedom any morning before breakfast Very truly yours M. F.'COSWAT. Wasuinoton, May 23, 1?C3. fT'Oeneral Burnside failed in stopping The Times, aud be concluded to let The WWMroll on.

...The General commanding directs that General I RUiine. Auditor of Sute I

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. v.. iruTiu, i .u. us. tarsi . j T,,u WM pMceeJln?

institute an investigation into toe cases oi an cit- i . . . r- . a-. izen prisoners now "confined iu this ' Department: maudate-agwt R-Sf qe as Auditor, to

Opinions of' tkje Supreme court on , ' the Interest Question

y The State ex. rel. of tv t T, i r t- t 1 i . i r l no uoan, o. o.na...& f uuu . A , fn)Commissioners,-- ---,.': .- rr rrra. obtain a compel State, to ontaia" the payment of tire semi annual inter- ... t ..i i; r.,.i I aiiMiii rni. II I ilh til liik I uiiiii: 11,'ltk I ' r i were was demurs- sufeUuied w.ua com . plaint. Jnlgraent for the defendant. The allegations In Ihe complaint were substantially the same with those set forth in a ease, at this term, between the same parties, but appear ing to hare been decided differently below. - Of course those to. whom the interest is near due, are anxious to receive the same. The flicers of State, through counsel, express themselves as anxious to pay it, if they have authority to do so. Each party asks us. without regard to mere forms and technicalities, to determine as to the power and duty of said officers, relative to such pavment, under the laws now in force." The Constitution, adopted in 1851, contains this provision. Seo. 3, Art. 10. "2fo money shall be drawn from the public Treasury, but in pursuance of appropriations made by law. At the time of the adoption of sid section by the twnvention and by the people, there existed a large debt acainstthe State, the semi annual interest on which was more than one hundred and fifty thousand dollars; payable half yearly in the city of New York, as per arrangement with the bond holders, under the acts of 1846 and 1847. To make these semi annual payments it was necessary to get the money, in some form or manner, conveyed or transferred from the Treasury here, to the office of the Agent of Slate, at the city of New York. A custom sprang up, dating from the time our debt waa funded, tinder said acts, and continuing in an almost, if not quite, unbroken chain until 1659, by which, upon the requisition of the Agent of State, the funds were transferred to New York, to bis control, to make Slid payment, without a special appropriation having been previously made of each amount so transferred. At the legislative Session of 1857 funds were not provided, nor appropriations made, to meet said interest, and other current expenses. In the attempt to remedy this neglect of the legislative body, the Executive and Administrative officers, created a debt to provide the funds, and paid them out in discharge of said interest. It is within our knowledge, as a part of the history of the State, that the arts of these officers, and the failure of the Legislature to act, provoked much comment, by which public attention was drawn to the questions involved in the controversy. At the session of 1851), the Legislature passed an act, in relation to, or providing, a Treasury system; by the seventh section of which, it was enacted, among other things, that: ''The Treis urer of State is expressly prohibited from niying any mwiev out of, or transferrins any money from the Treasury of St-te, except upon the warrant of the Auditor of State." Acts 1 59, p. 23. And in the eighth section it is declared that "the Auditor of State shall at no time draw a warrant upon the Treasurer of State unless there be money in the Treasury belonging to the fund upon which the same is drawn to pay the same, and in conformity to appropi iaf ions made by law, and on money actually in the treasury, subject to the payment ol the same" Id. It Is evident that the provision, thus quoted, contemplated two thin.'s. " First, to carry into full effect the section of the Constitution above quoted; and, secondly, to ere -te, or at least maintain, a strict system of checks noon e tch other in the Auditor's and Treasurer's offices in regard to tha moneys of the people entrusted to the care of said officers. This third section of th? Constitution was not self executing; that is, whilst it might be operalive upon the conscience of thr person sworn to support it; and through that channel, punishment might follow a' disregard of its behests, yet no temporal punishment, or forfeiture, was prescribed, and therefore supposed questions of overriding necessity were suffered to blind the eyes of persons to the remote consequences of a disregard of this plain provision oT the fundamental law. The statute of lb'59 was not, in itself, any more binding than jhe constitutional provision; r nd, therefore, the reison of the enactment of tlte law, of 1 6 1, prescribing penal ties and punishment for a violation of that of 159, which was based upon the principle embodied in the Constitution. Bv said act of lt6l it is mule a felony for an officer to convert to his own use, &c , contrary to law, any funds replaced, iu his c ue. and punished by fine. :c., and imprisoned from one to twentyone rears. And to pay out money in any other manlier except c prescribed by law, the Treasurer is subject to a fine of from fifty to five hundred dollar and imprisonment not les than one year; and to use the nnney of one fund to pay drafts upon any other fund subjects him to a pun ishment somewhat similar. And the Auditor, to draw a warrant, unless there be money in the treasury lielonging to the fund drawn on, and in conformity to appropriations made by law, subjects himself to a fine of from one hundred to one thousand dollars and imprisonment from one to six months. After the past:e of the law of 159, whatever nage and cu-rom wis growing tip and maturing in regard to withdrawing money from the treisury. was at once abandoned for the plainer and lcJs hay.zardous mode prescribed by the Constitution and laws. ' It is manifest, uoon a careful consideration of the act of 159, tli it il the Treasurer of State ia permitted to reniovo money from the treasury without first procuring as authority from the Auditor, it would be impossible for the latter officer to tierform bis dutv, for it is s'rictlv en joined up iti htm that he -'shall at no time draw a warrant upon the 1 retsurer ot btate unless there be money in the treasury belonging to the fund upon which the same is drawn to pay the same, and in conformity to appropriations made by law." As the moneys paid into the Treasurers office are charged to ecn respective fund to which they belong, in the .Auditor's ofue, so the warrants drawn by the Auditor, in favor of any person llt)on any one of these funds; are duly registered, -and therefore the An litor cm see at any time whether any balance rcmiins in the Treasurer's hands, of any particular fund, to be yet disbursed such as the s.tl:ne fund, the bank tax fund, the University fund, ihe coner tl fund, Lc. Whatever mac have been the general reason, affecting, perhips. ths r.trueiure of the Government it't If, we suppose the immediate reason the Auditor was prohibited from drawing warrants for sums in fact due. but, iu instance where there was no money provided to pay the same, grew out of a desire to prevent ?uch warrants from accumulating or being thrown upon the market, and thereby, perhajw, depreciating the credit of the Smte." All men wl witnessed the depreciation, in many counties of the State, of county orders thus issued without this salutary restriction. For, iu substance, a county order Is a warrant drawn by the County Auditor upon the Treasurer; and the depreciation of such orders very much embarrassed the finances of many counties. .- - It la plain, that now, whether a uage to the conntrary ever existed or not, the Legislative and Administrative interpretation of our Constitution and laws, prohibits the withdrawal of any money from the Treasury, placed there at the expense, or through the credit, of the people, without an appropriation hiving been first made, and a warrant drawn by the Auditor. The whole controyersy resolves itself into the simple question, of whether thare are existing laws making appropriations for the payment of such interest Such laws can only be created by the Legislative department. They cannot, exclusively, grow ont of anv usiiie prevailing; in either of ihe other departments. Perhaps long established usage may be shown to demonstrate the sense in which a law, previously enacted, wss understood by those having the fittest opportunity of knowing. Smith's Com. on Const. Construction o. 348. But upon this point it is said, "That contemporary construction is properly re sorted to, to illustrate and confirm the text, to explain a doubtful phrase, or to expound an obscure clause, and iu proportion to the uniformity of that construction, and the known ability and talents of those by whom it Is given, is the credit to which it is entitled, it can never abrogate the lext, it can never narrow down its true meaning, it con neper enlarge it nalnral boundaries." Story on the Const. With these landmarks as guides, let us look to the acts, which, it is claimed, appropriate the money to pa v said interest and authorize the ministerial officers lo withdraw it from the Treasury for that purpose. I. is a section of the act of January 19, 116, as follows: "Skc. 5 The interen on the stock hereby created, shall be payable half yearly, at the City of New York, on the firstdaysof January and July of etch vear; commencing on the first day of July. 1847. But if the interest for any half year shall not bo demanded before the expiration of thirteen months from the lime the same became due, it shall only be demand able afterwards at the Treasury of the State; and, for the payment of the interest and the redemption of the principal as herein provided, the faith of the State i hereby solemnly pledged."

aiariuu ,. v.

i niia1 iv wut a. warrant ou tue i i casurcr ui

i II, is the latter part of the 14th section of the act of the 27t!t of January, lt-47, as follows: , ; "Be it further enacted, That all stock to be created, and .all certificate!" and other instru tocnta of titlo to bej issued in pursuance of the saVl.a,t,Laiid J1 principal, moneys and interest thereby respectively TeT-ure.T,"Käll not be m'oIesIT ed or impaired, arrested or attached by the State of Indiana.- - - III These two clauses of the acts named.it is said, were sufficient authority, and regarded as such, by those whose duty it was to guard the funds of the State, upon which to pay said interest; until the adoption of the new Constitution, hich eontained the foBrrwfnsr---Sec. 2, Art. X- A'l the revenues derived from the sale of any or the public works' belonging to the State, and from the net annual income thereof,' and any surplus that may at any time remain in the Treasury, derive! from taxation for general State puqvtsys, after the payment of the ordinary expenses of ihe Government and of the interest on bonds of the State other thau bank bonds.

shall be annually applied, under the direction of the General 'Assembly, to the piymetit of the principal of the public debt." ' -..,-.. It is claimed that this section mplied'j' appro piiates the funds in the treasury, derived from taxation for general Slate purposes, after the payment of the ordinary expenses of the Govern ment; first, to the payment of this interest, and, secondly, to the p tymeut of the principal. IV. Is the 16th section of the act of lb'59 as follows: -, ' "At some convenient period, prior to the filling due of the interest on the foreisn debt of the State, payable at New York, the Treasurer shall, wi hout tnnkitig anv tli-crimin it'noi. ilraw on the bank notes in . the Treisury an anion a I of specie SulBcie'tt to p iy ssid interest, which be shall trans mit to NewYoi k by ex 'ressor other iseis may be deemed mo-'t safe; but any bank tr banks on whose notes .specie is thus demanded, may redeem such notes to the extent of su"h dividends, by draft tin New York, ptyable fifteen days preceding the tlay of payment of said interest, and without any premium of exchange, and giving vmi'le security to the Treasurer for the prompt payment thereof." , Can we say, in view of these provisions f law quoted bodi fundamental and statute, in view of the usage th it maintained thereunder, in view of the acts of 1659 and l6l, and of the causes thtt produced the same and of the change of usage there ifter, that appropriations for the pay ment of interest have been made by law? If we cannot, then it would follow that die withdrawal of the money from the Tre tsury, for such pur pose, would subject the officer, acting in that behalf, to the penalties prescribed by the embezzlement law of 16CI. Certainly the faith of the State was pledged for the payment of the interest and, ultimately, of the principal of the funded debt, by the acts of 1H4G land 1847; but was there a continuing appropriation therein, that such good faith might be maintained? - It is clear that under the present constitution, aud, perhaps, as fully under that which preceded it, die power lo raise revenue and to control the disposition thereof after it is raised, is vested in the Legislative brnch of the Government. We can not sir but what there might be causes of very great moment, which iui):lit be considered by such branch of the Government of such overruling import nee ns to justify the temporary sus pension of the collection of any considerable amount of taxes. This might be produced by a widespread and general famine or other calamity. Therefore, that department might desire to control the disposition of the funds in the Treasury, in a direction other than towards the payment of interest on ihe public debt. If the argument that the acts of 1 846 and 147 should be construed as an appropriation, is given the full force claimed, it would go to the length of in tintainlng that such continuing appropriation became a part of the contract, or settlement with the bond holders, and not subject to the future control of the legislature, except as involving a breach of such contact upon the part of the State. We are of the opinion thai there was not, in the acts of 1846 and 147, an appropriation of funds necessary for the payment of the interest that might accrue in the future upon said funded debt. There was a pledge of the faith ot the State that such action should be had in the future, but that, like all other human affairs, was subject to be controlled by contingencies that might iutervene between the giving of such pledge and the fulfilment of its terms. The contract with the creditors of the State was consumated in view of this falable element in human calculations. As to tho thirl point relied upon, we may safely sav. as a general proposition, almost univer sal, that constitutions fundamental laws, do not contain, nor are they intended to coutain, continuing appropriations of money for specific purposes. The principles upon which taxes should be levied, revenue raised and expended, may be laid down, but such instruments do not usually descend to the particularity of m iking spe cial appropriations, to meet future contemplated indebtedness. As to the particular section of the Constitution now under consideration, it appears to have been framed as a direction to control the future disposition of any surplus that might remain in the Treasury; derived from named sources, sfier the discharge of the ordinary ex penscs of the Government and payment of inter est on. the debt namely, that it should lc paid on the principal of Said debt, that w, that it should not be ri-ked in future, in speculations, or loaned, Ac Tins was the leading idea involved in said section the disposition of the surplus. The other matters are mentioned only as tnci dental to the main idea. We cannot think that the parts of this section thus incident illy placet! in the Constitution,should be cniistroed into a direct appropriation, semi annually, of large sums. Certainly if. the body of men who forme ! that Constitution had intend ed to make a binding appropriation, for years to come, they would have approached the work di recti y, and would not have thrown it in as a mere inc ident to another matter. Wc come now to consider the 'otirth point, that is, the sixteenth section of the act of 159, which, it is insisted, operates as an appropriation. We may say generally that it ctnnot escape the most casual observation that the act does not profess to be' an appropriation act; nor is there any Ian fiiace emvlovedtn tn:s particular section that we usualtv find In appropriation bills. We are asked to infer that an appropriation was intended be cause certain other things were directed to be done by the Treasurer of State; First, the time was fixed that he was to do two acts, namely, nb tain from tne banks specie on notes in the Treas ury, and transmit it to New York; Secondly, the manner in which he shall perform this duty is prescribed, namely, without "discrimination" he is to draw upon said hmks for the payment of specie on said notes, i his is strictly iu accordance with the section immediately preceding it. which directs the Treasurer, in nuking disburse ments, to pay ont bank notes in the order of time in which they shall be received, making no dis crimination in favor of nny banks, tic. Why was this inserted? bpca use, ?. i? well known, ns a part of the history of the times, there had been inform 1 chirges circulated, whether true or false we know not, that certain persons who had, be fore that time, been iu control of the Slate funds, bad, by Virtue of their position, very much favored certain moneyed institutions in the State. This was the direction as to the manner in which he should obtain ihe necessary amount of specie that he was forbidden to run uo-u on bank and look up the circulation of another. When be had thus obtained the funds he was to transmit the same to New York by express or other safe mxle: but no person or officer is named to whom he is to send it, nor is it directly said that it shall be p-.id upon he interest on the pub lie debt Third The next purt of the section is clearlv for the benefit of the b inks, that i, when ihe demand is made upon them, on the notes in the Treasury, they may furnish drafts on New York instead of the specie, upon the terms named In said section. Taking- these two ectinns, the fifto-nlli anl tlx teeth, together, and it pretty clearly appears that the general interest, as well as the rival interest, of banks was beiug looked to in the enactment' of said sections, about as much aa the formation of a treasury system. Viewing these two sections in this light, and it is tleur to us that they were intended merely as directory to the Treasurer as to the mode or manner in which he should discharge his dutv, when an apnropriation might be made; therefore, we will examine the whole act to see whether a more ex tended construction ought to be placed upon the language employed, and such interpretation placed thereon as-will make it an act providing for continuing appropriations. ' This is made necessary for. up to the passage of this act, our conclusion is that no appropriation cxited. It is clearly right in the interpretation of any particular part of a statute, to hok to the whole context, to the preamble, if there is one, to the title, and to the circumstances which called forth the enactment. Wa havealroady quoted ptrtionsof the7trt and fth sections, prohibiting the Auditor from drawing a warrant, and the Treisurer from paving or transferring the moneys in the Treasury, except by virtue of appropriations made Neverthelessif by this sixteeth section, a legal apnro"riaiion ws made, or by any other valid' law, tha duty of the Auditor under said eighth section would be to draw the proper warrant, ic. j Can we say, looking at the whole act, that the law makers intended, by the obscure unsatisfac tory language used In said sixteenth section, to

. ' . - breathe ir to being so im portaSt a law as that by which, every half year, over one hundred and fifty thousand dollars of the taxes collected from their constituents was to le transferred and paid without the limits of the State. Thea let us look with rare Jtqjhe whole act. "The Constitution of Indiana, article four, section nineteen, provides that "every act shall embrace bet one subjeet sod matter properly connected therewith: which subject shall be expressed in the title." - We should wssnire, in every tn stance, Jhat legislation was had With reference to this section; and, therefore, to find the subject of an enactment we should examine the title to sucb . Here the title Is An "act to -proride ft Treasury system for the State of Ipdisrja. or the . manner of receiving, holding and diabxirsiag the public, moneys of the State, and for the safe keeping of the piblic moneys." - Whatis the leading ilsi b er e--the subject on which legislative wisdom was being brought to bear. It is the esUhlishaient of a Treasury -system incidental to this leading idea Tre the minor details; first, of the manner iu which money can get into said Treasurr. namely, upon the cer. tificate and draft of the Auditor ia favor of the Treasurer, see section C: second, as to holding said money, the Treasurer is expressly prohibited from loaning, using, or permitting any other person to use, deposit, or exchange said money," but is to keep it in the place provided, Ac, . section & . Third, as to the mode of disbursing. This we have already been considering, and is upon warrants drawn by the Auditor; par ments made and receipts taken by the Treasurer: section 8. ' Fourth, as to the safe keeping of said funds, in this is include! that portion of the said statute which provides for a Treasury building, safes, vaults, tee., and also the safe guard of a heavy bond to be executed by the Treasurer for the due discharge of the duties devolved upon him. . Can it be believed, considering this title with reference to the constitutional provision lastv quoted, that a continuing appropriation of large sums, for an indefinite period of time, would be found covered nn under the term "manner of disbursing the public morevs?" It appeals to us that the ' manner provided for in this act w as upon warrants drawn, as contra distinguished from the manner which had before prevailed, in some instances, of removing money from the treasury that is disbursing it. upon a requisition only. . . . The subject matter of this act was and is the establishment of a tre tnrv system. The matters properly connected with that subject were providing a place to keen said funds and the mode in which thev- should be kept, and the safeguards to insure the accomplishment of that object the manrer or mode by which nwpey should et into the treasury, and in which it should get out of the same This was necessary, that the proper checks ami balances might exist between the several persons having control and charge of said funds. Could any appropriations that might be made for any purpose, and especially for a purpose foreign to that of the establishment of the Treasury system itself, be considered as matter properly connected with said subject of legislation? To say the least of it, it is not a question tevrnd doubt that such legislation would be vaHd when thought about by the most favorable circumstances. And certainly where the whele enactment was the result of public inquiry into the acts and former mode of transacting business, in this rrpect,by these public officers, and was a legislative condemnation of such course, we would expect to see legislation, left plain snd without ambiguity, as to the duty of such officers, in the futnre transaction of the itms business Ir. a word, that the circumstances which begot this legislation, were such that we believe if the law makers had intended to make appropriations by this section, running through an uncertain length of time, they wculd have expressed that intention in unequivocal terms. We are strengthened in this view by the fact that at the same session, by another act, they appropriated six hundred and forty thousand dollars to pay the interest on the public debt for the rears 159 ami .1 60: this was approved March 5, 159 Acts ls59, p. 13 four days after the act creating the Treasury system, which, it is now insisted, had already made a continuing appropriation; and also by the action of the subsequent Legislature, in appropriating like sums, for the same purpose, for the years 16GI and 1&G2. Acts l6l , pp 6 and 7. From these considerations, the conclusion ia inevitable that no appropriation has been made to pay saM interest, and consequently the ruling of the Court lielow. in this case, wns correct. Jujgmcnt affirmed.

Ristine, Auditor, tic , .vs. State of Indiana ex. rel. Boatd of Com. Ac. Appeal from the Marion C. C. Perkins J. Indiana owes a foreign debt con -infracted anterior to the war, the aggregate annual terest on which is $"f"2'l.0(fl, payable semi annually, on the 1st of July and January, in the city ot New York, to such persons as may hold her bonds. To the puuetual paymeut of the principal and interest of this debt the faith of the Stale is solemnly pleged; and the nonpayment of either, when dne, would cover the Stale with dishonor. The money to pay these demands, at the proper times, must be provided by the Slate, and placed in her treasury, before it can thus be applied in payment. 1 G. &H.fi45 . The modes th t may be adopted by the State to place the necessary money in the treasury, preparatory to payment of demands against her, are taxation, borrowing. &c . Const- art. If), sec. 5, but the money raised bv either mode mut be placed in the State treasury before it is applied in pivment of debts Thi U exnte-sly required by statute 1 G. k H .p. 645. The m ney must be paid to the several creditors of the State, by the Agent of Sta'e. in fie city of New York, but it must be transferred to h'tn, lo be thus used, from the treasury of the State, at In Ii in ipoli. by the State Treasurer. Such is the statute In the code of 143. p 2"JJ, wc find this section: Sec 2"! The Treasurer shall also adrsnce, from time to lime, to the State Agent, such sums of monev as shall be necessary to pay ihe principal and interest on the public debt." 4c. By the act of 159. il is provided that, "at some convenient period, prior lo the fiUing due of the interest on the foreign debt of the State, payable at. Ac . the Treasurer shall. Lr , transmit to New York." e. ThU paction is incomplete, in thi that it does not. say to attorn, in New York, the Treasurer shall transfer the money; but when we look at the ic'i prescribing the duty of the Agent of State, we find ihe defect may be cot.jeetttrally supplied; nordfes the section apply or directly authorize the application of the money in pay ment of anything The question now arises how, upon what authority, what condition prece dent, can the Treisurer mke t'e tranfcr or ad vance the funds" The law ein'icitly answers the question. By the code of 1843. p. 2.V2, it was enacted: . "Sfc 21. Sn(4i advances shall be made on requisitions drawn by the Auditor ol public aeConnts on the Treasurer of State, wh'ch shall be numbered, and the amount thertVif fh.repd, by said Anditor, to the Commia-toner or A cent re - ce ving the same in a book to be kept for that purpose; and for the anvniat so charged the Commissioner or Agent shall settle with the Auditor." &c. Sko. 22 For the amount of satisfactory Toucher produced at such settlements, the Auditor abnll isane warrants with which shall be re deemed the requisitions before issued ; and should any amonnt yet remiin in my auch spent t hands, be shall refund the same to the treasury, tanlese the same shall be required for a new expenditure, when a new requisition shall be obtained therefore." Under this statute, then, a reasonable time before the interest fell due, the Agent of State procured from the Auditor requisition on Ihe Treasurer, upon which the latter transmitted the money to the Agent, which requisition was afterward resieemed by a warrant. But in l(s59, the law seems to have been changed to this extent that the warrant issues in - the first instance in place of the requisition, thus simplifying the transaction without any possible increase of hazsrd to the public fund. Sec. 7 of the act of 1859. (I O A U. 647) declares that "the Treasurer of State is expressly prohibited from paying any money out of, or transferring any money from the Treasury of State, except upon the warrant of the Auditor of State ' It is thus plain beyond a doubt that the Agent of State must receive the money for the payment of ' our interest, whether that money may have leen raised by taxation, lorrowing, or otherwise, from the treasury of the State, and that the Treasurer ran not now, nor could he ever, transfer or advance that money to the Agent, except upon authority previously given by the Auditor of State, a warrant from him, or a requisition, toe equiv alent of a warrant. This settles the question as to the power sod duly of the Treasurer; because, by sec. 3 of the act of Feb. 22, lbCl.it is made a criminal offence for the Treasurer to pay out monev in any other manner than as prescribed by law." 2 G. and II.. p 456, It now devolves upon us to ascertain when the Auditor is authorised to draw his war rant. The constitution of the State provides, art. 10; Sec. 2. All the revenues derived from the sale of any of the public works belonging to the State, and from the net annual income thereof, and any furplus that may, at any time, remain la the