New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-05-20
The Canal Question.

..1,ed With striking force. We make the
mJIowing extract, earnestly recommending
~. whols document to the attention Of the
Electors of the DISTINCT:
~. con,t;tution provides and sets apart GER
-. n, the enlargement and completion Of
tH ln - and further directs that they DC az.
INC -, ,1eb manner ~ the legislature shall d.
rect -. co,.,;.nti,n has nrovidess raw
s",I,rginp and completing The canals. is not
.Lst NAV exclusive Of all other ways Has the
isgi,lsture q right 70 ay Tax, even II sanction
{bv a vote OF the ms Ority Of me people, % do
,b,t which the constitution declares snail be done
- sno,her mspperl Toe constitution is made,
=" "a. 10 xnress the vii Of the people, thereby
..ast;,a . Fundamental law. And 2nd To pro-
cot ne minority against eggressions from the
majority the majority, therefore, are no. permit
- m do that whichthe Constitution f0rbids
THE Constitution expressly provides that the
canals shall be completed from their own surplus
revenues; and hence. we think, that any law
which throws the burthen Of charging aud CON.
Melting them on the State as large, IN the f. N Of
State debt and direct tax is certainly contrary
% The spirit II not to the direct letter Of the Con-
,titution. The Canal Bill does neither OF these
things II ia merely the necessary action Of the
Legislature to carry out Constitutional provis-
ion. Certain funds, as they accrue 10 each fiscal
ear are, in the words o the Constitution, 20 be
dpphed in such manner as the Legislature shall
direct TO the completion OF the Erie enlargement,
snd the Genesee Valley snd Black River Canals,
until the said Canals shall DO completed"
The Legislature, in toe exercise Of its discre-
ton, proposed to apply theae revenues through
the in,tumeptsity Of Canal Certificates
These certificates Sc. forth on their face, that
.bev have no other basis than toe surplus reven-
nas of the cauas-that the faith OF the State ia
in no wise pledged for their redemption, and that
thA holders must look 20 too canal revenues, and
70 then alone, for the payment OF both interest
and principal Hence no State debt, nor any
obligation on the part Of the State, ia created
bv this bill. Ard further, tue DILL applies the
funds 70 ihe preciIe Obac,s specified inthe Const-
tuition. and spproprGies 10 other tauds to these
Two objections have been urged against
this bill 70 these We would call your special at
tention
Ist That it ought 10 have been submit;ed TO
the people for their separate vote and. action
ID. That the Senate elected an amendment TO
submit the law 10 the Supreme Court
In regard to the first objection, We have seen
that the Constitution Of the State haS required
the Legislature 10 apply the surplus revenues OF
the canals 20 their enlargement and completion;
and so long as the Constitution stands, no power
can transfer that duty % any other body.
InTegard to the second. IL was mere pr0posl'
ton 70 embarrass legislation, and 20 make the
judiciary part Of tho Legislature. Tho Constl-
tuition has provided thar sl laws, whose conss''
tutionGity are questioned. must go 90 the Sd
preme Court for aOiudicatlOO; and u IS not com.
petent for the Legislature TO enlarge or to ahridge
the power of the Supreme Court over their own
acts. To ask that Court 10 give an Opioion, OK
cent in the ordinary course OF It's Judicial duties
il sAs absurd az % invite then to no present and
take part in the business Of legislation. II these
views are correct the Legislature not only ad-
opted constitutional means Of applying the sur
plus revenues to the enlargement of the canals,
but they adopted the only 7o0y for their en-.
lMgement end completion which the Constitution
permits.
Mr.. Gerrit Smith, whose Circular in IA
yor of the Canal Bill and against the re-
signing Senators We have already noticed,
splies to tho attacks Of the anti-Csnal
press upon that Circular, in another which
q by no means deficient n spirit. 10
sys;
You repre- sent that IN ny opposition to the re-
ligning Senators, ! an gctuated by seillshness.
Ii would not be strange ID an. Selhshness IS
well nigh universal; and have never claimed to
10 exempt from it. But what has my seli,hness
better are the resgnng Senators for my being
bad mani You have undertaken to make capital
Eor these Senators out OF the defects IN my chs'
lIoter This is not right. This is not 70 employ
Sound logic with your readers, but 10 attempt To
nislead them.
| You hold me mp as inconsistent with my
elf being now in favor Of State debt, where as
| have hitherto been uniformly opposed TO State
| lebts But why are the resisuiog Senator'S en-.
| aled 10 any advantage from my ncouslstency
| Are Won however, INGENIOUS IN contrasting my
| cnR Standing views OF State debts with the con.
Itructon which you pat upon the Canal BlIi l
Mmit that those views DO nos harmonic with
Jour construction Of the Bus but they 90 Wlsn
myown for | see no State debt in the Bill lt
:urus out. then that your plant, In point OF
Act ia not that | am inconsistent with myself,
but inconsistent with youysoyosl Now do not
claim to be- do not aspire 60 be. DO no: wish 70
, Do consistent with yourselves
| further Inconsistency, which you charge UPON
ne 10, that, hitherto, have opposed the building
! NJ canals aud railroads b, che State Here again,
/ lwould deny, that the rssSuing Senators axe en-
| hled 10 profit by any Of my Inconsistencies is
| .thOwever inconsistent '1- mc 0say, that, While
| would not have State buid railroads ana ca
rails would have it finish those It has begun, or
sell them! My ueiehb2r undertakes against my
adgmeut TO build store. lie gess Il three
aarters done. Am ! inconsistent with myself
Or advising him to sell, or finish it
You say, that my property in Oswego Will be
realty enhanced in value by tho completion OF
ae Erie Canal 90. most fully and emphst'cal
y agree with you And had YOU known OF my
Eoperty IN Rochester, You would, doubtless nave
Coupled that with my Oswego property. But oy
lEhat means do you expect, tina. the completion
81 the Erie Canal will greatly benefit property IN
lswego, Rochester, Buffalo. Syracuse, Uuca, Nc.
Nc. Undoubtedly, by the vast Increase OF oasi-
leGs which the completion Of the Cana viii bling
10 the Canal Have YOU rot then, IN what yoa
Ily Of my property, Furnished strong sreumsns
,t;hattening the comp ot,on OF Tho Erie Canal
llou intended but % farniia $40 argument against
" disp;erestedneSs; sui ~he,ner yol nave OF
ave not. is quite ina steriSl O. the public You
ave, however, furnished sn srcumeat, IN watch
re public have great resson - Feloice-'jr II IS
Il srsoment in favor Of the speedy completion OF
ae E,e Canal, and an argument why YOUR p-ess.
sI6oUld be working g.. iSstssd OF against TINS