The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-09-22
RECENT CONSTITUTIONAL CHANGES.


RECENT CONSTITUTIONAL CHaNGES'
There Is no subject deserving OF moro
careful attention than the change wrought Of
late years in the political framework OF this
country. We do not now refer TO the obvious
bearing OF constitutional amendments upon the
relation Of the central Government TO the soy
oral States. although II is worth noting how far
the old doctrines Of State rights. and especially
tho right of secession. have been expressly dis
avowrd by the Legislatures or Constitutional
Conventions. Virginia. for instance. has de-
cnrcd that shc shall over remain member OF
tho United States Of America and that her
people are an lndlssouhle part OF the American
nation. Mississippi likewise has affirmed that
she will never assume right withdraw from
the Federal Union on account of real or sup
posed grievances. and Louisiana has distinctly
proclaimed the permanent allegiance OF her CIT
icons 10 the national Government. or the same
purport arc the declarations of North md South
Caro- ina and Of Florida. These are rcmarka-
bic facts which attest n wide assent 10 that Fed
cralst view Of the Constitution which twenty
years ago scc.s"d to be generally discredited.
A change. however. rot less noteworthy, though
less frequently remark, !. has taken place in
the extent Of power rcscrv, ' to the people. ana
in the limitation Of the funcli ons delegated to
y
transformation through which the country is
now passing and which tend to curtail. or at
least define. the field Of Legislative interfer-
cncc aro brought together by Mr.. W1LMoT l..
WARREN in the current number Of tho hi1nd-
tonal Rerie,r Some Of tho data collected by
Mr.. Warren seem 10 invite special consider
nton.
Mr.. Warren points ont that our American
Legislatures began with charters no less broad
than that Of the British Parliament and that
although thcy nftcrward surrendered certain
strictly defined functions 10 tho Federal Gov
eminent. as to the res, they were still the unin-
structcd representatives the plcnipotentary
law making. taxing. spending. and borrowing
organs Of sovereign commonwealth. The
abuse of snch limitablc powers. which culmi-
natcd during the years following the war In
carnival Of extravaganza and corruption. has
constrained the people 10 deprive the Legisla-
turc Of certain prcrogativcs tho most impor-
tani limitation being that affecting the public
credit. Now York. for example. by the amend
mcnt Of 1874. absolutely prohibits tho loan Of
the credit Of the State and the power to contract
debt is vigorously limited both M regards the
amount and object VI expenditure. What Ia
equally significant. we find that subdivisions OF
the State nrc hcnccforth forbidden 10 appro-
pirate money incur Indebtedness. or lend their
credit in favor Of any individual. association.
or corporation. except to provide for the poor.
according to the general law. In like manner
PENNSYLVANIA restricts the State debt for casual
purposes 10 81 GOO 600. AMI refuses 10 admit any
other purposes for which obligations can be
contracted except those Of war and to pay exist
ing claims. Neither can municipal credit be
loaned for any purpose whatever. and II Il fur
thor laid down 10y the organic law Of the state
that the debt Of municipal subdivisions shall
never exceed seven per cent. Of the valuation.
nor shall new debt TO the amount Of two per
cent. be incurred without popular vote. SO,
too. In Mississippi and Nebraska. the power a
the state to contract debt is limited. that Of mu-
inequalities being referred 10 the popular voice.
In Virginia. Tennessee and Maine the State is
restricted but their Constitutions are silent rs
to municipal subdivisions; on the other hand,
in New Hampshire and Connecticut the state
power is unlimited. yet that Of municipalities is
curiailcd. New Jersey Colorado. Illinois. and
North Carolina all follow tho New York plan Of
combining the State debt to certain objects. and
cXacting popular assent 10 nm enlargement for
other purposes. with strict prohibitions upon
municipal corporations. Kansas and Iowa have
like provisions. with tho exception % the last
named Limitation. while California. with n STINT
lar rule as TO the States debt. makes il the duty
OF tho Legislature TO nx tho sum Of municipal
ohlign,ion FINALLY We may mention TINT Gv,
stotes in Tho West and Northwest namely Ohio
Indiana. Michigan Minnesota. ana Nevada. and
saveu in the South and Southwest 10 wi, Wcst
Virginia Missouri Georgia Alabama Ar,,on.
sas Florilo and TnNns all strictlv limit th,
b,rro,vine ro,,-- ~ tho STATE without evnn MI
l.,yIroa r,1,urao Ia tho ronular snn.tion g.,
nm ,nor.ase and tho sauna s.s..- ,.r,bihi, IN.
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