New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-04-23

EuldrEeMeufs
and Black River Canals. until the same snsh
be completed" Two things are very clearly
enjoined by this clause
F;rn-Tbat the revenues which remain after
satisfyipg the demands OF previous sections N
each fiscal year shall be applied TO the compile
ton Of these works. Ana
Second That the Legislature shall direct the
manner in which that application shall be made.
Up 70 this time these revenues nave been a.
yl,e5 N the completion Of the canals By being
Dai4 ont in each fiscal year Tor work done upon
them. The Legislature hitherto has directed thar
tn application Of these revenues should oe ma1e
IN tbis narticular manner Bat no one has ever
contended until very lately, that this was the only
manner within the power OF the Legislature 20
nrescribe The very fact that the manner Of ap-
Ilvpe them is left to the discretion OF the Legs
lafure implies q discretion, night 20 choose ore
Of several II a better way should be dlvised than
that adopted hitherto one which should secure
the object aimed at by this clause IN the Constr
tuition, namely, the completion OF the Erie Cana
enlargement and the Genesee Valley and Black
River Canals more certainly, more speedily, and
with greater economy, and which at the same
time should not contravene any other provision Oh
that instrument it would clearly be the right ana
the duty Of the Legislature to adopt 1t and carry
it into execution.
Now we contend that this bill does embodysuch
plan-tbat the name" in which, by its provi-
sions the Legislature directs the surplus revenues
in each fiscal year 10 be applied TO the specln-
ed works, is just as Constitutional as that when
has been adopted hitherto and that in every other
respect il in far better The manner Of Application
provided by the bill is simply this
FIKsI. The surplus revenues of each Of the hs
cal yenrs, 1851, 1859, lisa and 1854 are - De eP
piled 10 the mpletion Of the Canals, lust as they
have been hitherto by being pad 0Ht Ior WORK
done upon those canals during those years, or pre-
viOUsy.
SECOND. All the work necessary to complete
them is to be done within these four years-and
by the Spring Of 1854 the Erie Canal will be en-
lsrged, and the Genesee Valley and Black River
Canals will be finished.
THTRD. The surplus revenues, in each fiscal
year after 1854, are to be applied to the compile
lion Of the Canals, las required by the COnsttu-
ton by being paid oat for work done upon them
precious 10 that time.
This is the whole scope and substance OF the
bill These are its main PROVISIONS, and IT'S de-
tails are shaped 80 as to carry them INTO euecI.
The Canals will be completed within the next
four years, being paid for partly by the surplus
revenues of those years, and partly by promises
TO pay out of the revenues Of the years succeed
ing. Those promises are in the shape OF certii
Gates and they declare upon their face that they
are to be paid out of those revenues, and without
any other obligation, pledge or liability OF any sort
Oh the part of the State.
IL seems to US thai the common sense OF every
man may be relied on, TO convince HIM that the
bin thus only carries into effect one OF the plain
est injunctions Of the Constitution. The design
OF that clause of the Constitution was evidently
twotold.
FIRST. To compel the completion of the Ere
Canal Enlargement, and the Geaesee VALLEY and
Black Rirer Canals.
SECOND. TO make the surplus revenusS payJor
dOiHgH.
This bill efectualy secures both these object
Il will complete the canals by 1854, and will pay
IL ~ fha
which the Constitution expressly devotes to that
object Is it not clear, then, that the iDunciions
Of the Constitution are fulfilled more etiectualy,
because more speedily, and with greater econo'
my, in this way, than inthat which has been adop'
ted hitherto :
These positions are too plain for denial or
doubt But it is said that the bill creates a debt
against the State, and that it thus encounters the
prohibition Of the Constitution. We have been
unable 10 put any such construction upon 1t. we
are as strongly opposed, as any can be, to any
measure which will involve the State IN debt.
But there is no possibility Of any such. result from
selves declare that they are payaele exclusively
cut of the surplus revenues, devoted by the Con
stitution TO the completion OF the Canals, and that
there is no pledge, liability or obligation OF any
kind whatever resting upon the State for their
redemption. The only obligation which the
State incuTG is TO devote these revenues after
1854, 10 the payment OF the certificates; and that
obligation is created by the Constitution. The
certificates will represent the work done upon
the Canals. And the Constitution requires that
work or whatever represents tito be paid Tor out
of these surplus revenues. .
The Attorney General OF this State, Mr.. Levi
Chatfed in an official document, which, we
regret to say, must take its place among the I'M
periehabe archives Of the State OF New ork
contends that these revenues will be releasedIrom
all obligation to redeem the certificates issued
a. IL laal
pieted. {" II these canals he says, are CON-
pleted in three years, does not this remainder be-
come reLtered from this Constitutional dedication
and subjected to the disposal OF the Legislature
The application of the remainder to that object
shall cease not when the debt contracted for their
completion shall be PAID but when the said ca
nails shall be completed And the same PO
siton was assumed by Mr.. Mann, just before
resigning his seat in the Senate. These cir
tiicates, it will be remembered, represent work
done upon the Canals The laborer who holds
one Of them, would be somewhat surprised 70
be told as these distinguished gentlemen tell
him, that he could not be paid, because bis
work was done that the Consultation author
ICES payments out OF these revenues only until
the canals shall be completed and that upon
the instant the last spade has been struck, aud the
finishing blow given 10 the work, al constitutional
Obligation 70 par for the work bestowed upon It
ceases forever. Ii may be said with equal Justice
that the contractor who holds the certificate Of the
engineer for work done, at the completion Of the
canals, has no claim upon these revenues tor re-
endorsement. The plea is one that would not be
tolerated for an instant in any court Of justice on
the face Of the earth. To say that it is not usti
fed by any thing in the Constitution is simply to
say that the State is not authorized by that in.
Itument to defrsad those whom it hires to work,
nor TO withhold from the laborer the wages he uas
fairly earned. The surplus revenues are devoted
by the Constitution 10 payment for rOyt done
spon tie canals, until they shall be completed
and this dedication " Ill remain IN force until that
payment shall have been made, whether it be be.
fore or after the work is done.
Ingenuity has been tortured by the enemies Of
this bill to bring its provisions within the prohiDi-
tons OF the Consultation. The undersigned in
the exercise Of their best Judgment, believe that