Eastern times. [volume] (Bath, Me.) 1846-1857, 1851-05-15


fend the Stale in war; no debt shall hereaf-
ter be contracted by or on behalf oil the peo.
pie of this State, unless such debt he for a
single work or object, and TAX be imposed
sufficient to pay the principal and interest
within eighteen years, from The lime of The
contracting thereof ami that every law au-
thorizipg loan, shall, before it takes effect,
be submitted to the people at a general cleo
ton, and be approved by a majority OF all
the votes cast for and against il al such cleo
ton. n r. 81 r r ~T ~ FL
~ The sixth section of the same article de-
clares that the Legislature shall not sell, ease
or otherwise dispose Of any of the canals OF
the State, but they shall remain the property
of the Stale, and under i!s management for
ever
The third section of the same article pro-
vides that 'afler paying The expenses OF SUI
perinlendence and repairs of the canals, and
the sums appropriated by the first and sec
ond sections Of this article, ISL $500 to
pay our existing State debit there shall he
paid out of the surplus revenues of the ca
nails TO the treasury of the State, on or before
the Both day of September in each year, for
the use and benefit of the general fund, such
sum, not exceeding two hundred thousand
dollars, as may be required TO detray the
necessary expenses of the State and the
remainder of the revenues of the said canals
shall in each fiscal year be applied, in such
manner as The legislature shalt direct, 20 the
completion Of The Erie canal enlargement,
and the Genesee Valley and Black River ca
mails until the said canals shall be completed
The bill referred to, which is entitled An
act to provide for the completion of the Erie
al ,lar RI. N1il
and Black River cana,s,' clearly violates, ac
cording to our understanding, both the let
Ter and spirit Of these provisions of the con-
stltution. 1t authorizes loan OF nine MIL
lions OF dollars, without submitting the law
to the approval Of the people, and without
imposing tax to pay the debt as the con.
sllluion requires. 1t authorizes the creation
of debt of nine millions of dollars, and
pledges the future revenues of the canals,
which are by the constitution TO be applied
10 their completion for It's payment. Ii cre>
ates all obligation or pledge on The part of
the State so to arrange aud regulate the tolls
on all of our canals as to produce a surplus
of at least eight hundred thousand dollars IN
each year, until the Erie canal enlargement
is completed and after that sutficie mt TO pro-
vide surplus of at least one million Of dol
lars in each year, until a sufficient sum shall
have been collected and safely invested to
pay the sum borrowed; thus mortgaging the
canals OF The STATE, and binding the Stale to
impose tolls and taxes on transportation OH
all our canals, so as to produce at least
given amount of revenue TO pay the mort
gage, however oppressive such lmpostIons
may be TO the forwarders, or destructive TO
the trade and business of our canals. Such
obligations, contracted on the part of the
Stale with lis creditors, amount TO cOndl-
tional disposal of the canals of the State, and
violate both the letter and spirit of that clause
of the constitution which declares that the
Legislature shall not sell or otherwise dispose
of The canals, but they shall remain the prop
erly OF the State, and under its management
forerer.
The bill also violates those provisions of
the constitution which direct the remainder
OF he revenues o. the canals in each fiscal
year, TO he applied TO their completion.
Ii aFproprIates for years to come portion
of the remainder of the revenues of the ca
mails 10 the payment of interest on money
borrowed, instead of applying such remand
er ~ each fiscal year 10 the completion utthe
canals. 1t pledges the remainder OF the
revenues in each fiscal year for HE payment
of money borrowed; and which, when bor-
rowed and placed IN the State treasury, may
be appropriated with a less violation OF good
Faith than it is borrowed 10 other purposes
than the completion OF The canals.
The bill also directs portions OF the money
borrowed, on mortgage or pledge OF The
revenues Of the canals, to be applied to the
payment of the interest on the money so
borrowed; thus recognizing and establish
ing the principle that The State may borrow
money and create debt 10 any extent. in its
power on q pledge Of The future income Of our
canals, and may increase that debt by other
loans on like security, 10 pay interest on The
money previously borrowed, and may bind
itself forever 10 tax transportation on our ca
nails to the extent nect ssary 10 pay the debts
thus contracted. The establishment, of this
principle nnllifi those provisions OF the con-
st,tut,on which plainly and expressly pro-
hblt the Legislature fiom contracting debts
without first obtaining the sanction of the
people, and from in any way selling or dis
posing of the canals, and may, in lis results,
impose on the Safe the obligation 10 tax
transport alton on all our canals by such high
tolls as to destroy their usefulness, by driv-
ing business into cheaper and untaxed chan
nes of transportation, or else compel the
STATE 10 lay a direct tax on the people TO pay
the money thus borrowed.
We are in favor of the enlargement Of the
Erie canal and the completion of the Gene
see Valley and Black River canals; and we
desire TO have the work done in the manner
which the constitution authorizes and re-
quires, and we are willing 10 submit The de-
cision of that question to the people. But
x1a will tha ,c
comprising that or any other object, how>
ever desirable, knowingly to violate the con-
stiturion and lrample il undo feet. Xxx"
If The policy Of the democratic party.
adopted in 1885, of enlarging the canal by
the application Of the surplus revenues to the
work, had been continued, The enlargem
would now have been completed, and our
State debt SO far reduced that the legislature
could al this time remove The greatest obsa.
Gle in the way Of The forwarder-hish tolls.
We regret 10 say that this is not The first
instance in which we have felt constrained
TO differ from the ma orlty, in the decision
OF an important constitutional question Which
this senate has been called on to decide.
We alude to the decision recently pronounce
ed here, that a member Of this body, duly
elected and returned as member of Con-
gress. with his consent, and not declining 10
accept the office, was entitled to sill here as
senator after tine commencement of his Off
cia term as member of Congress, notwilh-
standing The constitutional. declaration that
mo person being member OF Congress shall
hold seat in The legislature Whether the
decision made by majority Of this body in
that case was in any degree Influenced by a
desire on the part of the majority to retain
the power in this body to carry this and 9th
err favorite measures, we will not assume the