Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-07-23
JUDICIAL OPINIOl;.

ing III pupHc meetings, VOtcu W Iaihc ouc ouoi ~
three hundred dollars as a communication In money
for such of their citizens as may be drafted into
the military service of the United States under the
law passed by the last Congress for enrolling and
calling out the national forces, Governor CoBURN
has taken judicial advice to the legality of such
proceeding. The constitution of Maine, it seems,
authorizes the Governor to require the opinions'
Of tho Justices Of tie Supreme Judicial Court
" upon important questions of law and upon solemn
occasions" and accordingly under this power,
Gov. Coburn asks the opinion Of the Court upon
the legal questions involved in the following inter
rogatories
Has city town any legal right to pledge ito credit
to rse money for the purpose OF paying the Communications
Of such Of its citizens may be drafted into the service
the United States under the law aforesaid?
2 Has city town any legal right to raise money by
taxation to provide communications for such of s citizens
may be thus drafted
The Judges thus addressed have given an opin-
ion adverse to the legality of such proceeding.
Under the national aspects of the question they
argue as follows
"As Congress has the power to command and re quire
the services of each citizen may prescribe the mode
and manner OF obtaining such services The ob cation
obedience rests upon the citizen 1t is part the duty he
owes to the Government which protects his rights The
duty personGthat OF each citizen II drafted the ter
vice be his personal service II asubstute pro-
cured the procuraton Of such substitute is TO be made
by the person drafted If Communication money be paid he
is to make such payment friend may volunteer
substitute, may aid him in procuring whatever Of
money may be determined by the Secretary Of War the
price of exemption, he aid him in dschargipg any
other personal liability But the ablity-whetber Il,
serve to procure substitute, to pay the fixed
q communications in each alike personal liability.
Each is much personal liability the obligation to
pay tax duly assessed to discharge dt b per-
form any other act required by contract by statute
The municipal relations of the question-shati is,
the degree in which its solution depends on the
municipal laws of Maine--are thus expounded by
the Court, whose opinion under this head will be
understood to have exclusive application TO the
Legislation of that single State The Judges say
at will be perceived, therefore, that the question
amounts to this-whether town legally raise money
gratutousy to discharge the pecunay obligations Of the
citizens to procure their exemption from military
other service IL such power conferred upon the NUM-
cipal corporations OF this State
"The general power of towns to raise money given
by the Revised Statutes Of 1853 chapter section 26 ia
these words The qualified voters OF town may raise
such sums as necessary for the maintenance aud sup
port of schools and the for making aud repairing
highways and town ways and bridges for the purchasing
and fencing of buryng grounds for purchasing building
and keeping in repair hearsc aud house therefor for the
exclusive use OF its citizens; aud Tor other necessary
town charges.
BY subsequent acts further powers have been conferred
upon towns the exercise Of doubtful powers has been
confirmed by legislative authority But the raising of
money under statutory provisions to cooperate mih the
General Government is maDfestly to be distinguished
from raising money for purposes different unauthorized
by any existing law.
"The words other necessary town charges do not
constitute and distinct grant of unlimited power to
raise money for any purpose at the will and
pleasure OF majority They embrace all incidental
penses arising directly or indirectly IN the due and legt
mate exercise of the powers conferred by statute
While towns may raise money to discharge all abili-
ties in the performance of their multiplied municipal du
ties, they cannot unless powers conferred or
of power receives quen legal ratification,
transcend the authority given by the statute and incur
liabilities in arising in the Of it's exercise
The Court conclude their opinion as follows:
Were town to raise money to be distributed to ia
vored individuals the tax assessed for such purpose
could not for moment be upheld. Still less it be
when the obvons and inevitable tendency OF il would be
to defeat the object for which the act of Congress before
not to raise money Its preliminary and special purpose
to be raised 10 pursuance Of its provisions If town
may taxes to pay the Communication money of those
who may be drafted so may all and the Government
would be left without soldier for it's protection and the
nation surrendered Dto the power Of those who
ring for its overthrow BY such the wealth and
taxable property of the community would be diverted
from the defence of the Government and the Of
the State would be turned to its destruction by deprvng
it Of the means necessary for it's preservation.
1--WE therefore each OF the nterrogatories in
the negative"