The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-04
Assembly.


hLBASY, April y 1851.
ui. yStaRGr'trSr mt. rrc.
In, iucstin pending the passage u the bill to
provide the Erie canal enlargement and the Genssec
yalIss and Black River eausls.
Dir MoRHis said the Legislature n 1871 would long BE-
remembered for it, action III ts arbitrary course In
forcing an election of the Uu.ted states senator AMI
other things. The bill before the House l. one Of
great Importance More Is 10 be accomplishclby Il than
may first be supposed but to the by which
IL to be accomplished there l. great variety Of
opinion constitutional grounds As 10 the en-
larrcmcnt of the canals he Gid net believe there
was amy division a opinions but a. T. the means
by which II to b. effected he thought there was.
and Justly The bill he insisted sought T. avert an
explicit provision q The constitution. which PROM.
bttd tho mourning ~ debt for the purpose proposed
Mr. VI then discussed the coustitutonah'y q the bl
AMI umed the ground that i vas n direct opposition
70 the provisions a the constitution III wa tor Great
ing debt then Il was not legal and u II provided flr
the expenditure n large ~ the public inhls, y
equally Illegal Mr. VI. thea read from The con-
stuon and cited certain a. sustain nu iu this
position. lie disclaimcd any intention Il atributng
paItan motives feelings to the advocates ~ this nh
sure. u,r would he sanction the expulsion Of any
br u the party 10 which hc belonged bccau ~ hap
ned 70 agree with hi political opponents "n ms ni-
rthnt question. The necessity fr this WORK va un-
doubted In fact the people VI this state ~ conaa-
nifty favorable to this enlargement bu tn hh'n-
ntr IL which II was t. he accomplished wa subject
upon which there wide difference n fopai7n The
gentleman from Lewis IMr. Lyon ~ NJ adfocaey ~
this urc claimed fr this great work the .ur9grt of
the m,mb,rs q the House; II they reyreicei the
mighty dead. who dust and ancs b. eetlsilo
their minds the master spirits whom he styled the friends
OF the canal De Witt Clinton Silas Wright and others
aud he certainly fearful that tho inauimntc rmins
81 those great would be- rc-vvifcd BY the soul ~
human spirit. which might rchuke him ir Ly0n)
fgr his advocacy q violation 4 th' constitution ~.
VI. pnid hirh compliment to John 4. spenrrf, as
juri- and scholar Tut believed hun devoid q i4bty
ard waytriug in his opinions H. Il ,cl hi rcuiafS ~
declaring again the utter utonalty ~ fhe "
and stating that, u had bocn determined % pts y,
the consequences must be lett to those who ~ 'ud Fye
for IL passage.
Tho srsAsrR, Mr. Raymond followed In an able dc.
fence n e Till and ~ its cunsitut gunlty AMI clhel
that the constitution demanded t,at this cnargm nt
should bc made from the surplus revenue ~ thr canals
II had been stated that these surplus revenues were Tue
property a the state Could the state appropriate these
funds 10 any othor purpose than the conpeion y t'
eLlargt mont q the canal Assuredly not lheftorc
their the property ~ the state, bht
reserved fund 70 b. applied specod "a the cousttd
ton That instrument says, their surplus revenues
shal hc set apart for the payment of the completion
ard enlargement - the canals eud thts - Just
what ths hl conte emplates- certainly l. strictly con-
sttutional-in fact, that i carrying cut the pre-
ccptH and provisions of that article This being tle
case, he had nothing more 70 d. than % reter "
the objections waged against the bill ny the OPP nts
Il tie measure. Tho gentleman from Uu ndago hr e-
rCy), a. crttd that the word applied meant nhhng
~ less than paying In regard to ths opinion
hc differed widely from that gentleman aud cited several
cases md LEGAL decisions 20 sustain him IN this position
that applied could not mean paid over alone but
that u meant great many other tsings giving scre-
uonary power in certain The SPEAKER theh re-
fcrrcd 20 the second oectonhat the surplus revenues
must be applied each fiscal year and he cobtenleo that
the carrying of the II year into the ac-
counts ~ another was ~ means = violation = the
constitution 10 is papablc fact that the money couii
h. appropriated In each sca year or u could Mt be
@cerisiscd what was really the surplus revenue tha'