Year: 1867

Assumption of Town Dch,s.


The Constitution of the United States con.


fides to Congress the power to provioe fo,


calling forth the militia to execute the laws n,


the Union, suppress insurection and


repel invasion, and declares that nc


State shall, without the consent Of


Congress, keep troops in time of peace or en-.


gage in war unless actually invaded. 1t


would be difficult to express more forcibly the


intention to confine the war making power to


the national government. There can be NO


such thing as war in Virg inia and peace in


Maine. Wherever hostile armies appear up-
on the territory OF the Republic, they injure
the whole body of States Even if the Union
| were merely great Mutual Insurance Com
pany, the States have nevertheless taken each
others war risks, and whatever damage or
loss is suffered by the fortune of war must be
shared by all alike.


These principles are too familiar to need
any elaboration Congress undertakes to sup
port the militia in the field. Congress which
calls upon each State to furnish its contingent
OF troops, must by the same rule furnish the
means to raise these troops. Whatever the
State does in this way must be regarded as so
much advanced on the account of the general
government. Whatever expenditure is made
by the towns in complying with the requi-
Sltlons OF the State for soldiers to fight the
battles OF the Union, must be regarded in the
same way. The necessary expenses of raising
troops belong to the national government
as much as the expenses for equipment, "a
tlohs ana pay afler their enrolment The
whole business is national, The war through
which we have just passed was not waged for
the especial benefit of Maine. 1t was the ma
tiOnal government which was threatened, and
there is no reason why any portion of the cost
OF the war should tall upon Maine rather than
Georgia Nay, does not every consideration
OF Justice require us to impose at least an
equal share of the burden upon States which
like Georgia led off in that dance of death?


Whatever town debts were necessarily and
properly incurred in raising troops under calls
OF the national government should undoubt-
edly be paid by the nation, and as t he nation
al government deals only with States and not
with towLs, should be presented by the State
for payment.


So much we grant to the advocates of an
immediate assumption by the State ofthe war
debts of the towns and cities of Maine. There
ale nevertheless grave objections to the bill for
this purpose now before the Legislature. That
bill does not propose to present these debts to
the national government. 1t proposes on the
contrary to substitute for them State debt Jim
tied for the present to two millions, which is
thought to be one third of the whole sum. Six
per cent. twenty-year bonds are to be executed
for the benefit Of the several towns, and each
is to be allowed its proportionate amount of
the Who'e sum. An extraordinary tax of one
and half per mill. is uu ha assessed on the
State valuation to provide for the inueres, and
principal of these bonds. The Governor and
Council are to audit the accounts Of the towns,
and the whole business is to be completed by
the Both of september next re t.I'a|


New it is to say the least que tionable
whether the Legislature has any constitution
al authority to create such debt as this. In
the second place, the bill in its present form
will not equalize the burden. Some towns
promptly senS forward volunteers at every
call; Others sent no volunteers and voted large
sums to fill their quotas. The former lack at
.lts moment the strong and willing hands
which 1err
musket; the latter still owe the money which |
they paid to keep their producers at home. 1t
is not equalizing the burden to impose part
OF this debt upon towns impoverished by the
loss of citizens. The action of the towns in
voting bounties was taken without color of
legal authority at the time. 1t is one thing
to say that the people of the
towns had a right to Judge
for themselves whether their action was ne
cessary, and another for the State to reafiirm
that judgment and assume tie debts so con-
tracted. The management of the towns ought
to be carefully reviewed; all unnecessary and
immoderate expenditures ought to be rigidly
excluded from the accounts. The task is too
laborious for the Governor and Council; it
should be imposed upon special commission;
and final action should be deferred until the
report OF the commission shall have present.
ed the matter in definite and tangible form.
1t will then be question whether the State
ought to assume the debt, and provide for its
payment, or simply to present it to Congress
for payment. Il


The bill now before the Legislature ought
not to pass therefore,


1. Because its constitutionality is doubtful


2. Because the subject is not ripe for legis-
lation. Nobody pretends to any definite
knowledge of the amount or character of the
town debts. ra


3. Because there is no reason for assuming
third of the sum of these debts, which is not
equally good for the whole, and


A. Because whenever the debts are paid,
they should be paid by the Nation and not by
the State.