The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-19

PROTEST AND RESIGNATION OF DEMocRAriC SENATOR'S.
To tk Hon. .Sanforf r. Church,

PROTEST AND RESIGNATION OF DEMocRAriC SENATOR'S.
To tk Hon. Sauf~f +; Charch.
SiG-Tho undersigned, members Of the senate Of
the state Of New York, consider the bill now about
20 be put to final vote, authorizing loan Of
nine millions of dollars on u pledge Of :. the
remainder the canal revenues in each fiscal year"
clear, direct, and fragrant violation of the plain
and integibls financial provisions of the constitu-
ton The i2lh section of the 7th article OF that in
stTumcnt, and which We wero all sworn 10 support
when we took seats in this Senate, declares that
except the debts specified in the 10th an 18th see
tons u that article (Which debts to mset casual
deficits. failures vi or Tor expenses not
provided for, not exceeding at any time one million
Of dolars, and to repe invasion, suppress insurrec
ton, or defend tho state IN war; no aeps shaii
pie of this State, unless such debt be for single
work or object, and a tax be imposed sufficient TO
pay the principal and interest within eighteen years
from the time of the contracting thereof ana that
every law authorizing lonn shall, before IL taxes
effect. be submitted to the people at general cleo
ton. and be approved 10y majority oil all the votes
cast for and against il at such election.
The sixth section of the same article declares
that the Legislature shall not sell lease, or other
wise dispose Of amy u the canals Of the state, but
they shall remain the property OF the State, ami
under its mana cement forever.
The third section of the same article provides,
that /" after paying the expenses OF superinend-
and repairs OF the canals and the sums ap-
propriated by the first and second sections OF this
article Isl b5O,0oO TO pay our existing State debit
there shall be paid out of the surplus revenues ot
the canals, to the treasury OF the state, on or be-
fore the Goth day of September in each year, tor
the use and benefit of the general fund, such sum
not exceeding two hundred thousand dollars as
may be required TO dcfray the necessary expenses
Of the state, and the remainder of the revenues of
said canals shall, in each fiscal year, BE- applied in
such manner the Legislature shall direct, to the
completion of the Erie Canal Enlargement. and the
Geneeee Valley and Black River Casals, until the
said canals shall be completed.
The bill referred to, which Is entitled an Act TO
provide for the completion Of the Erie Canal En-
largement and the Genesee Valley and Black River
Canals, clearly violates, according to our under
standing both the letter and spirit of these proyi
sons OF the constitution. 1t authorizes loan OF
nine millions Of dollars, without submitting the law
TO the approval of the people, and without imposing
"A tax to paw the debt created, the constitution
requires. 1t authorizes the creation of debt of
nine millions OF dollars, and pledges the fu-
ture revenues of the canals which are by the const
tuition to be applied to their completion, for its
payment. II creates obligation or pledge on the
part OF the State, SO to arrange ana regulate the
tolls on all Of canals produce surplus of
al least eight hundred thousand dollars in each year
until the Erie Canal ENGAGEMENTS completed and
after that sufficient to provide surplus Of at least
million of dollars in each year until sufficient
sum shall have been collected nd safely invested to
pay the sum borrowed, thus mortgaglng the canals
Of the State, and binding the State to impose tolls
and taxes transportation on all our canals so rs
To produce, at least, given amount OF revenue to
pay the mortgage, however oppressive such IMPOSE
tions may be to the orwarder destructive to the
trade and business of our canals. such obligations,
contracted the part ofthe State with its creditors,
amount to conditional 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 otherwise dispose OF
the canals, but they shall remain the property of
the state and under its management forever.
The bill also violates those provisions Of the
constitution, which direct $ the remainder Of the
revenues of the canals in each fiscal year. to be
applied to their completion.
taIpropriates for years TO come portion Of the
remainder of the revenues OF the canals to the pay
ment ofinter st money borrowed instead ofapp.y
ing such remainder in each fiscal year to the compile
tion Of the canals. 1t pledges the remainder of the
revenues in each fiscal year for the payment of
money borrowed and which, when borrowed, AMI
placed in the State treasury, may be appropriated
with less violation of good faith than il Is bor-
rowed, TO other purposes than the completion Of
the canals.
The bill also directs portions Of the money bor-
rc~ed, ON mortgage or pledge OF the revenues of
the canals, to be applied to the payment Of the n-
terest the money 50 borrowed, thus recognizing
and establis hing the principle that the State may
borrow money and create debt to any extent in it,
power pledge Of the future income of our ca
mails, and may increase that debt by other loans on
like security, to pay interest the money previous
ly borrowed, and may bind itself forever to tax
transports canals to the extent necessary
to pay the debts thus contracted. The establish
ment Of this principle nullihes those provisions Of
the constitution which plainly and expressly prohibit
the Legislature from contracting debts without first
obtaining the sanction Of the people, and from in
any way selling disposing Of the canals, and may,
in its results impose ON the state the obligation to
tax transportation on all our canals by such high
tolls TO destroy their usefulness by driving BUSH
ness into cheaper and untaxed channels Of trans
portstion, else compel the state 70 lay direct
tax on the people TO pay the money thus borrowed.
We are in favor Of the enlargement Of the Erie
canal aud she completion of the Genesse valley and
the Black river canals, and We desire TO have the
work done in the manner which the constitution
authorizes and requires, and willing to sub
init the decision Of that question 10 the peoples but
will not consent, for the purpose Of accomplish
ing that or any other object, however desirable
knowingly to violate the constitution and trample II
under our feet.
RI the policy Of the democratic party. adopted in
lcs5 Of enlsrging the canal by the application Of
the surplus revenues to that work, hat been con-
,inued the enlargement would now have been com
plctcd and our State debt So far reduced that the
Legislature could at this time remove the greatest
obstacle in the way Of the forwarder, high tolls
We regret 70 say that this is not the irst instance
In which we have felt constrained to differ from the
majority IN the decision Of an important constitu
tional que stion which this Senate has been called
on to decide We aude to the decision resently
pronounced here, that a member Of thh BODY, duly
elected and returned a a member Of congress, with
his consent. and not declining TO accept the office,
entitled TO III here senator after the com
Inencement al biz official term as a member OF
Congress. Notwithstanding the constitutional deciar
ration, that 4" No person being member 81 Con-
gress shall hold scat in the Legislature. neither
the decision made by majority Of this body IN
thst case was in any degree influenced by desire
the part of the majority to retain the power IN
this body 70 carry this and other tayorte measures,
we will not assume the right t. determine, but will
leave the decision Of that question u The impartial
judgment Of constituents.
We have felt constrained ~ the obligation which
are under to support the constitution, to oppose
the Isssage Of this bill in every stage of u pro.
gress through the Senate. We cannot but regard
IT. final passage az prostatioa q all the barrer-
intended 10 be erected by tue constitution against
the abuse Of Legislative power % borrow money.
contract debts, ana impose taxes. IL nov seems
that our arguments, our appeals, AMI oar refnon-
STANCES in vain 10 arrest the passage Of this b
Under these circumstance W. cannot consent ~
longer retaining seat. here's to Tx accessory 70
what seems 90 deliberate iafrac.ion Of the con-
stitution under which government j. formed,
and by which IL exists All other matters before
the Legislature, when compared with ths, sink into
insignifcance. We regard the preservation of the