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

or do any other act in furtherance vi Vic coin-
mon cause of the nation,
If the cities, towns and piantatlons We're the
GENTS of fine State (which it is manifest they
ygsre not) then their whole indie Dtedness in
q ,rrad for bounties and the expenses attend
no the same, is the present debt of the State
for the payment of which justice would require
that immediate provision should he made
While the people of Maine have imnosed re.
strictions upon the Legislature, by prescribing
limitations upon its power to create a debt Il
never repudlates IN Whole or in part If these
corporations We're the agents of the State. and
tne aept was created by its agents in its behalf,
thon the act wholly fails to DISCHARGES what in
such event would be its manifest duty: for as
suredly, debt contracted at its own instance.
ny us agents on its own account should be
helo sacred. But such is manifestly not the
view OF those, who favor the passage of the act
uhder consideration, for its very language re-
pudlates the idea of any present State lnaeDt-
edness and proposes to assume fraction only
OF the existing liabilities of the clues, to"ns
and plantations of the State ro
BY section 3, the proceeds of the ponds are
TO be applied to the payment OF the indeDteu
ness of the cities, towns and plantations ana
eff NOT in debt to pay State taxes, current
town expenses, or for the support Oh scnools;
"a the town may vote Inc constltutlonal
limit of three hundred thousand dollars has
heen nassed. The proposition is to still further
exceed that limitation. The debt in and by this
hill to be created, among other objects is ito
pay State taxes, current town expenses or for
the support of schools" Is such debt created
to suppress Instruction, to repel invasion, or
for the purposes of war? The proposed hill
particularly specifies the appropriation to be
made of the bonds of the State or of the funds
derived from their sales and they are for none
OF the purposes indicated in the exceptions to
the sixth amendment to the constitution. =
1t is not enough that a debt has been created
by some corporation or individual for the spur
poses OF war;" If it were, the Legislature
might assume the debts of any sister State OF
OF the United States as well as of individuals.
Ihey might assume debts thus arising from
any of the past wars in which the nation has
been engaged. The authority is not
given to create debt to pay
debts howsoever and by whomsoever
created, though for purposes of war. The
State must by its constituted authorities Gre
ate the debt in its inception and for the pur-
pose specially excepted from the general pro-
hibition of the amendment Whatever the
| State in its corporate capacity expended, or
| whatever, if it were an individual it would be
bound to pay as a just debt for the purposes OF
| war, may be provided for by creating debt
I exceeding in amount the constitutional lin.
| itation of three hundred thousand dollars
| But the creation of debt created by the Legs-
lature for and on account of the State and on
its credit differs most essentially from the as
/ sumption of a debt created by others and on
| their account and credit. The constitution
| authorizes under certain conditions the former
| but not the latter. ~ 80 =it'
The bill proposes to create debt when none
row exists. 1t is not a bill to create debt to
suppress instruction, to repel invasion or for
the purposes of war. 1t does not purpOrt to
be. 1t is bill to createa debt to pay the debt OF
| expenditures of municipal corporations, in the
| creation of which the State was not party in
| the disbursement of which it was not consult
ed and over which it had no control, and for
the payment of which it is under no present
liability. iii I'll fi'ta43 2H1 Il
| The conclusion to which we have arrived, is
that the proposed bill to which you have called
our attention, would, if enacted, be in plain vi
| olation of the constitution of this State.
| ,t.s...5t a., JOHN APPLETON, ts.. 4,
JONAS CUTTING.
| fI 'i-a 90" ID EDw. KENT, 'A eff
| "a lnii sbl no CIV. WALTON, U 81
.. .... ....s.-.,, WILLIAM G. BARRows,
---' CHAs. DANFoRTH,
or 10 Ho-JEir-1 W RUFUS G. TAPLFY, a
| i3fii.l..-.4-l .ys. j. f. DIcKERsoN, .ai !.
| Hon. j. L. Chamberlain, Governor of Maine
- Augusta ~ i'ii '.i. -. 'iii' -'.Sa t. '' :