The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-04-04

divduals afford to let all this pass us by? ~
Opinion Of the Full Bench. ..
ON THE POWER OF THE STATE TO LOAN ITS
CREDIT arn- .Ll ui
BANGOR, Feb 18, 1867.
SIR: The undersigned, Justices of the SUI
preme Judicial Court, have the honor to sub
init the following answer to the inquiry con-
tanned in your communication of February
18th. III I.. flf..t 81 hHs
Numerous amendments to the original Con-
accordance with its provisions. The sixth
amendment, in pursuance of the resolve of Jul
ly 20, 1S47, is in these words: s.a4 Lnliua o
ARTICLE 6. "The credit of the State shall
not be directly or indirectly loaned in any case.
The Legislature shall not create any debt or
State, which shall singly, or in the aggregate
with previous debts and liabilities hereafter in
CURED at any one time, exceed three hundred
thousand dollars, except to suppress insurrec-
ton, to repeI in0dsion, or for purposes of acur
but this amendment shall not be construed to
refer to any money that has been or that may
be deposited with this State by the government
of the United States, or to any fund which the
State shall hold in trust for any Indian Tribe"
Prior to this amendment, there was no con-
stitutional limitation to the power of the Leg
islature to create debts in behalf of the State.
The general design was to provide a perpetual
check against rashness or improvidence. "The
credit of the State shall not be directly or in
directly loaned in any case" This indicates
the great purpose of the amendment. But as
there may be occasions for Indebtedness for
State purpose, authority is given to create a
debt to the amount of three hundred thousand
dollars. Indebtedness on the part of the State
is limited to this amount. The object of the
amendment cannot be misunderstood Its
binding force cannot be denied. 1t is the calm
and deliberate expression of the popular will,
embodied in the solemn form Of constitu
tional restriction upon legislative acton.
But it was obvious that exigencies might oc-
cur, that pressing necessities might arise, when
the safety and well-being of the State would
require that this limitation should be disre-
garded. The amendment, therefore is made
subject to the following exceptions: ITO sup
press instruction, to repel invasion, or for
purposes of war" These exceptions relate to
the general duties OF government. They au-
thorize the Legislature to create a debt, when
necessary to discharge obligations arising un-
der the Constitution of the United States, or
to protect its own citizens in the full enjoy
m444&o qii Jlyids, d liberty tx and happiness
must be to provide for the special obects dis
hnctly set forth in the exceptions in the sixth
amendment, and for none other whenever tbe
constitutional limit has already been eYceedaJy
ihese are to suppress insurrection to repej
INVASION, or 1or purposes of war "-srAat ma
Sbs
cannot be suppressed. The public enc
my must have invaded the territory of the
State or nation, else he cannot be repealed :
There must be a state of war imminent or ex-
listing, else there can be no purposes of war =
The exception looks to the present-insurrec-
ton, Invasion or war as actually existing or
impending. The government of the United
States can rightfully call on the State in any of
these contingencies, and it is the duty Of the
State to respond to the call. The existence of
these conditions alone give the Legislature a
right to create a debt exceeding in amount the
constitutional limitation. The debt thus Great
ed mnst be to meet these exigencies, and not
to pay the existing and outstanding liabilities
OF corporations or individuals. m
The act to which our attention is called. is
entitled AN act to equdtize the war expendi-
lures of the several cities, towns and planta-
tons" The title of the act clearly expresses
Its obleet-to equattze the war expenditures, by
relieving some cltles towns and plantations in
part from debt voluntarily contracted, and i'm
posing the burden upon the rest. ''~ z
By section 1, the Governor and Council are
" to examine the accounts or claims of the sew
eral clues, towns and plantatio as of this State
for expenditures made and liabilities incurred
III furnishing soldiers to the STATE under the
several calls of the President of the United
States therefor, to suppress the late rebellion.
and shall determine the amount which shall
be allowed or reimbursed TO each respectively.
which adjustment shall be made on the fol-
lowing basis, viz: allowing to each city, town
or plantation an amount not exceeding its act
ual expenditures necessarily incurred having
reference only 20 the amount maid as bountu
and expenses attending the same, in which adj
justment unnecessary bounties and expenses
shall be reduced to just basis" &c.
By section 2, when the above amounts are
ascertained and certified to the Treasurer che
shall notify the several cities, towns and Man
tations of The amount allowed each, and shall
execute, IN due form, the bonds of the State
tor their benefit, in sums of one thousand, five
hundred and one hundred dollars to the
amount of one-third of the whole sum allow
ed, not exceeding two millions of dollars. lint
IT one-third exceeds two millions, then each
shall receive its proportion of that sum. Said
bonds shall be payable at any time within
twenty years, with interest coupons attached
rovable annually, at the rate of six Der cent !"
Sc. --'''i F7'
oy section 3, "The bonds belonging to any
city, town or plantation that votes SO to do
shall be sold by the State Treasurer, if til y
can be sold at par, and the amount so received
shall be paid to the treasurer of such cities.
towns and plantations, and applied to the nav
mens of the Indebtedness thereof, or If not IN
debt, to pay State taxes, current town expenses.
OF Tor the the support of schools as the town
=, The proposed bill in its very terms negatives
tne existence OF the excepted cases, in which
aione the constitutional limitation upon sucI,
otate Indebtedness may be exceeded. There is
~ hn aamoS 70 be suppressed, invasion
which money may be needed The b;Il is 70
create debt on the part of the State w;th
which gratuitously to reimburse the nu,nor or.
municipal corporations therein for exnenS;,
lures voluntarily incurred by them. for az
payment of which they now are, and the Sta1e
is not now liable, but is in and by its PASSAGE
hereafter to be made liable. II
During the existence of the rebellion. the
Legislature by various acts created debt "for
l. n. n lzla
cation of payment is as unquestionable as the
right to create it, is undoubted. This debt,
thus created, largely exceeds the constitution
al limitation upon State Indebtedness.
The municipal corporations of the State had
no legal right to give bounties or contract
'ne scope OF their power. Nevertheless, with
S Sob iegai authority they attempted to create
t uepts LOT mat object. They were under no OBJ
1,5a 70 90 So The Legislature, by subse-
rgelatio !" ratified their past doings in
would otherwise have been held ;n,raI;d a.
ne same Time 1t empowered them w;tb;n CO..
Tain minus 10 create future indabtaS-ana.S e
s 81 III purposes But the Indebtedness fins
TO be created was by and for those eo ou1ess ehus
The debts Were theirs. They were yaI,, alons.
incurred, eacn corporation acting, for itSaIfa
determining the amount of its own I;ah;i;.po
These debts now exist and are obligatorv my
tne Respective cltles, towns and plantations bv |
how
are like other debts, no matter what thsir nry
gin, nor how generous1the purpose OF tbair
creation. NJ, a. ~
The cities, towns and plantations. in their |
action under the several statutes to which we
have referred, were in no respect, either d.
rectly or indirectly the agents of the State nor
did they incur any liability in its behalf.
They had no authority express or implied to
no That. The Legislature in its various en-
h onnein made such provisions, in the way of
Sodnes and ofrendering aid to the families of
and titt; while in the service, as it deemed just
CRAZY sln agi The State has honorably dis
al It's constitutional obligations. 1t
as Is aeentn no municipal corporation to act
to supply its omissions to re aenG ;t
S com Il did i. own work and ID did s1i"f Il
whics it would reimburse the SENT ,at WITHIN
%t1s ana - Rlantatons for their expendtures
piclpai corporation was the same az th.. any
1dlvidual, who not being liable to serv oi
uproours substitute or advance funds
If .iH...u..