the force of them if we incumber the constitution, and perhaps embarrass the future operations and more enlarged experience of the legislature, with a catalogue of ethical and political aphorisms which, in some instances, may reasonably be questioned, and in others justly condemned."[1]
Among the maxims thus condemned are those found in the constitutions of several states declaring monopolies to be odious and contrary to the genius of a free government. Such a declaration was made by Maryland in its first constitution in 1776, and has been repeated in every constitution since adopted by that state, namely, those of 185 1, 1864, and 1867. North Carolina also incorporated this declaration in the constitution of 1776, and repeated it in the present constitution which was adopted in 1868. Tennessee declared against monopolies in the first constitution of 1796, and repeated the clause in the two constitutions since adopted in 1834 and 1870. Arkansas incorporated the same declaration in the first constitution, adopted in 1836, repeated it in the reconstruction constitution of 1864, omitted it from that adopted in 1868, but replaced it in that of 1874, which still stands. The Republic of Texas incorporated this clause in the constitution of 1836, and it has been retained in every constitution adopted by the state, namely, those of 1845, 1866, 1868, and 1876. Florida made this declaration in the constitution of 1838, seven years before admission to the Union, repeated it in the reconstruction constitution of 1865, but omitted it from the present constitution, which was adopted in 1868. The pro-slavery constitution of Kansas in 1857 contained this clause, but it has not been repeated in the later constitutions. New Mexico has recently made the same declaration, and it will doubtless stand in the constitution when that territory is admitted to the Union.[2]
It is noticeable that only southern states have made this dec-
- ↑ Lecture XXIV., 13th edition, Vol. II., p. 9.
- ↑ In addition to these the Massachusetts declaration of rights, adopted in 1780, states: "No man or corporation or association of men have any other title to obtain advantage or particular and exclusive privileges distinct from those of the community than what rises from the consideration of services rendered to the public."
