The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-16
Opinion OF Hon. Daniel Webster an tAe Urts
Canal Enhancement Dnn.

/
Hon Daniel Webster hss given the following opinion -
the constuonaiity Of the Erie Canal Enlargement bil
now before The Legislature Of this State
| OPINION.
Doubts having been suggested OF the constfsutionea
power Of the Of State Of New York 20 pass
bill now pending before IT, entitled AN act to pryde
for the completion Of the Erie Canal Eusrermrs ~
the Gene-ee Valley sni Black River Canals my opInoo
upon that point has been requested The first
pi' ume ir whether BY this bill should II pass into
is" debt would be- contracted by behalf Of ths
thetwelh section c the venth article OF he cons it,
ton OF that state That section declares that no debt
shah be hereafter contracted by behalf Of this
state unless Tor some single object &c unless its
reimbursement be provided for by direct tax &c. ke
None Of these condcn others made necessary By
the section referred te in order to render law for the
creation OF debt valid contained IN this bi 20 that
the sole question far respects this part of the con-
sttuten s simply this Does This bin authorize the con-
tractng q debt by or on behalf Of the state TO
tract debt is in the general sense Of the phrase "a
incnr Liability for the payment Of money. This
liability may be absolute or conditional; il may be
accompanied by the joint liability Of others or il
may rest On one alone; and II may Il may not be
cured by pledges hypothc cations, other collateral
surahccs. And IN thsgener the constitution Of
the state of New York is to he understood ia this third
section Of the sofenth arclo because where the con
tuition Of state gives the Legislature Of sUch Sse
authority T. contract debts or imposes restrans on
such authority there cannot wei be any doubt Of what
i meant by the use 81 the terms The legislature OF
state except 80 far constitutional prob btions may
prevent may control aut dispose Of the property, in
come and revenue ~ the State, ANA apply them to pub
tic objects IN hs discretion; and il may authorize loans
on eonrae' debts for proper obtcis Ept the contract
ny the legislature Tor such objects
ferinincd or prohibited aud by the constitution Of
New lork il is prohibited except under limitations ard
conditions. which this li does not provide for Docs
us bl men propose TO create debt In other words
will these certificate provided ior in IT, establish OBJ
legation against The State of Now York t1ast.tutinn
debt within the Just Interpretation If the prohibition a
the constitution! think not think the certificates
viii amount to transfer assignment anticipation q
certain revenues. and nothing II p provision Of
the bill he clear, as IL seems to il j. clear that the
certificate shall te received at the sole hazard of the
ccircr, OF hi assigns. wthou, any obligation pu
M or con To NAL
any other provision for the Of the xhi,h
may bc advance a. do not think the transaction amounts
To the contracting Of debt within the prohibition Of the
constitution The second question arises under tne
tEiTd section of the same (spyenth) article .he
important words are" The surplus revenues shsx
in each hscsl ycHr lie applied the Lesi,lat sban
direct to the completion Of the Erie Canal Enlarge-
mctt and the Gcntsec Valley and Black River Canals,
until they sbal he cnmpleted' ! had, st first
difficulty with this clause from apprehension that IL
nj ht bc suppose that these words make II imperative
on the Legislature to perform tho legal OF application
IN each hca year, successyely but persuaded that
view T. too narrow. and cannot be sustained The
actual application If the pncy to is USE and not the
legal declaration Of its is ho thing 10 be done IN
each fea year. That Is 10 say; the legislature In lie
discretion h TO make proper provision and may MAKE
them before hsad for the application Of the surpua re-
which they destined The Legislature has, aud
should have rea>cnab latitude OF discretion In THE
CEecut If this trust IL may select of the three
objects to be first accomplished and then smother 10
seccnd postponng the trird; IL may provide for
carrying them al on, Simultaneously Al this depends
ts eghtc ned Judgment Of what the public good
requires ore Gun hardly how any jadiciog and
nica cuton G. this Authority, By the Lcsis.s-
tu;e. ceid b. performed wither previous contracts and
stipuations for te doing of thc work the hand
and the sy mon. out OF the fund the other All suck
tpulaions for fsurc payments would bc anlicpHions,
or legHl regulations in advance ana consider the pro-
,i1"rs ef THE Li to amount to no more am OF OPT
nion the i,fcre the whoie that the m i not In any
Of IFS PROVISIONS rcrugnan TO the c"ntiiut!on o. Nee
York DANIEL WEBS-ER.
MAngHrtrI n. April IL. ISL