The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-23

in open Sc nate that uness the order legislative bust
fixed by the Senate should be laid aside, and he
should be allowed to prescribe what should and what
shovld not be done he would aso vacate his seat and
render further legislation impossible TO have complied
With such demand would have degraded the Senate be-
low the level Of him who made 1t.
FYh-Each Of these twelve Senators, had placed upon
record his solemn belief that Of chose remaining
(Mr. Scboonmaker) was not a Senator, having been
elected to Congress They therefore cannot consistently
believe that there twenty Senator's left,
they be sincere In urging that acts requiring quorum
Of three ihs could still have been passed This posi-
on, whatever may be its intrinsic merits Is certainly
good against those who hold it.
Upon these grounds fortified they are by the most
conclusive reasoning the undersigned submit to the
people of this State that the step taken by the minority
who vacated their seats in the Senate and thus by dss
troying the constitutional quorum rendered legislation
impossible would If sanctioned establish principle
dangerous to the interests and destructive to the rights
Of the people in which recognizes the prn
cipe that majorities must rule
We shall now proceed to consider the pretexts by
which these endeavor to Justify the course they
have taken They all embraced in the statement
that the bill upon which the Senate about to act
was one, which in their Judgment ought not to pass
nate were in favor Of IT, this the only in which
could be defeated.
1t will be clear what has already been said that
this does not affect, in the slightest degree
the principle involved If minority may defeat this
bill in this way any other bill may be defeated through
all time to in the way by any minority that
,qay be opposed to its enactment The constitution
never intended to elothe the minority with any such
power The provision requiring quorum of three
fifths. designed to empower a minority de-
feat legislation and in the convention which framed
the constitution the suggestion that it might be so
used secuted impossible and absurd. The Hon.
Michael Hoffman, who was the leader Of the dominant
party in that convention and the author of this clause
said that 1t designed las guarantee for safe egsa-
ton by requiring full representation Of the people.
aMr. Worden 1--WE quote from the debates) suggested
drawing to defeat wise legislation Mr. Hoffman replied
that the house from which they retired would deserve in
fanny fit did not mprison them for it, This n perfectly
stution and shows that such power is conferred
contemplated by it, has been asserted and exercised
this instance. And the effect of sanctonipg this pro-
ceeding will be to engraft upon the constitution
Irovsonthata minority of twoffths in either branch
may veto the action of the Legislature We are quite
willing that the people should decide whether this is
safe and just principle and whether this is the proper and
constitutional mode of amending that instrument.
But it is alleged by this minority, that the bill embo-
died violation of the Constitution aud that they we're
therefore, justified In resorting to any necessary
to prevent its enactment Granting for the sake of the
argument that the bill unconstitutional il Is sufficient
ssy the people Of the State have where
delegated to minority in either branch Of the Legisa
% over IN m asns under the con
Those have jurisdiction all
% If the
M in each branch Of the Legislature enact law and
net violate constitution and doubt arises upon
i the duty Of minerses to abide by every law
w m ha Only BY
But the minority in this case have usurped that autho
to decide point which committed by the
% ss
clothes and decision they have no right to
enect fhey profess their rsvolu
Sna1 sG s M .ss 1
do an act that violates the hrst principle Of the
erity The madnsa who fred his dwelling to esterminate
the v.mn which he feared might inure it, seems to have
impossible that any who has the slightest
"a e and &. and
proceeding. No matter what been the charac-
tuition ana Win Tie very esistsnee rspusean govern
the passage unjust laws and void such
Fl nsfs a. ii Bs the ana
the authority they confer rpon courts of law;
alleged neither nor 70 The
into
of he STAT. and 70 promote the beat
The after setting apart portions Of the rsys
in each se1 year be applied in such manner as the Legis
iargemeBt and the Gsnesee valley and Black river canals
Two thing are very Clearly enjoined by this clause
ITst1hat the whih remain after satisfying the
9, previous sections in each a'c year. shall be
Sceord-That the Legislature shall direct the in
which that application shall be made.
completion q the canals BY being paid out ia each fiscal
& Ie S S"ns the Of these b.
made in thi particular manner But one haseyer con-
within the power ofhs Legislature % prescribe The very
iset "a That hs manner o. applying them Is e 70 the drsSon
of several If better should be devised than hat
" clause the constitution namely completion
Is Is Tans ana ,ae eenssss an T
greater economy and which the time should not
sy ss the & SSd the duty aS' Of hs
adortt and carry 1t into execution.
Now, contend that this bill does cmbody such plan
that the msnut in which, by s provisions the Legsa
turc directs the surplus in each hsea year to be
II "A
has been adopted hitherto and that In every
Sidsd ty The bili l. sSpiy ihs:
III @ @ pg I SS % a N psed pns 70 S . e"mpan
o. the canals ug ss they have been hyrto ~ oeins paid
second All the work necessary % ,ompe,e them
done within tlese four years aud BY spring i
re Ssnsl VIII be enlarged and the Genesee Fay and
Jhrd The surplus reyenues, IN each hseal year ater
required Gy tSe ~ Sess paid ou, tor work
done upon thssn previous TO that time .r -
are i. msn roysion snd is detail; are shaped g A. 70
th & tks% nto sa,st ihs canals ana S wi y ny & Sr.
revenue. u years partly by promise, TO ray
in Tie shape esrhcste aud they declare upon her face
that hey sre 20 b paid gut 81 hoe and without
part of the state
u that the q every may be
relied to convince him that the tll thus oay carries
into eject q the painest uun ctons q The constitution
tWo.isid = '''' ''Au'' = '"'
ti,st To compel the compilation q 70 Eric Canal r.
Second To make the surplus pay for dons H.
This tfl efectuay both these objects IL viii
complete the canals by i and will Tor them cNcn-
sycy out p the Huplus which The constitution
expressly devoeS o that object j. IL not clear them that
the inunctons of the constitution are fphled more ei
tunly because speedily and with greater economy Ia
Tits way, than In that which has been adopted hterta
These poeicus too plain for denial or doubt Bnt
said that the hill creates debt against the state and that
thus encounters the prohibition q the constitution We
have been unable 70 such construction upon H. We
arr a. str ngy opposed can be to any measure WHEN
viii involve the State IN debt But there u no Possibility q
any such result from the operations Of this bill The er
hcet themselves declare that they are payate esncy
out o the surplus devoted w the constitution 10
the completion of the canals and that there y no pedy
liability obligation % any kiad whatever resting upon he
state for their redemption The only Obligation which we
state ineuIs Is 10 devote these revenues after l the
payment q the certificates and the Obligation created ~
tie constitution The certificates will represent the wprk
done the canals And the constitution require. that
work or whatever represents H. 70 be paid Tor out o. these
surplus 80.
The Atrney General Of this State, Mr levi 3 Chataeld
IN an ofhcal document which, regret % say, mntt
ts place among the mpcrishabe archives q the state ~
Now York contends that these will he released
from all obligation TO redeem the certificates issued un
them whenever the canals shall be comploed these
canals be ARE completed in three years det not
this remainder become relieved from this ae