New-York daily tribune., 1851-07-15

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tracing these several sums "ln ea'h hsch ytal'
II IS provided by the Clause IN question thai me
remainder OF the revenues OF the sal1 Ctt'' II et
particular wear shall be applied DC rus rea'lle
is think, IN accordance with the manifest lIeA-.Si
OF the trainers OF the instrument ana a. led.e' siU
| way ormanner Of making the application T. lhe -
creIon Of the Legislature, without any guam a'io'
The Constitution provides tha; 1.-The Legislature
shall not sell lease or otherwise ol'pOss vi a.' ~
the Canas OF the STATE, ost they sAd . IN - -. -.
properly of the state and uilcer !Is ihd4d- "
1 ever" . a. s.i,
If there was nothing else IN the instrument saie
I Of the Canal revenue for several year, 10 C'ii7
might be regarded as partial stle Ol ~ C1'iH'.
vIthin the meaning OF this prohibition But X IN 81
be remembered that there Is another section ia the
Constitution and that the act n question proposes
10 90 Tust what the Constitution says shail De ioAe
The two sections must De so considered tnai they
Will stand well together, and applying the canal
revenue 20 the presented by one section cannon
re a sale OF the Canals within the prohibition OF Tue
other The act in question makes Il the cu'y Oh tue
Canal Board TO adjust the rates for tolls On all ar
tlces Transported on the Canals Of this state IN SUN
a manner as IN Their judgment wiz pioA"'S 'i1
greatest amount of trade and revenue .
There s nothing new in this provision IL i ~ ~lloI
ing more than the enactment OF prln' Ipie ",lil
has been acted on for many years past ana WHICH
vii nrobablv be followed for many years 10 come
II does not conflict IN the slightest degree win lhe
constitutional provision that the Canal snail remain
under the management Of the sta'e.'-sec .. II
has been further objected that the act violates the
sth section Of the financial article Of the tonstitu-
ton, by appropriatlng money for more than Two
years, and without specifying the sum appropriated
or the object 10 which 1t Is applied. These once
tions are founded on what | deem an entlre mistp-
prehension Of the act II makes out tour approprla-
tons Of any kind, and those are al Paya)lc "ilhh
two wears after the passage OF the act III tfC td>t
the sum appropriated and the o1ecl 70 whch y is
TO be applied both distinctly specihed. Inc ap-
preparations are $3.500,CO0 the first year. ana the
ike sum the second year 10 be applied 10 the
completion of the Canal and SlsOO0O the hr>t
year and $360OO0 the second year, for the payment
of interest on the Canal revenue certihcateS-Sec-
ton sh and 9th. There are no other appropriations
m the act II is true that the first section declares,
IN the words OF the Constitution that me revenues IN
question shall be applied TO the Speclhed ooect until
the canals shall be competed-and TINS Is repeated
as TO the revenues for four years in the thrd secuon
and the eighth section provides that the aVallS
/ of the sales OF certificates shall be apphed 70
the same object,-but IN neither case ls their
any Appropriation. II Is further provided thAt
the COntr oer shall from time TO time draw
his warrant the Treasurer for the payment OF
/ interest and the redemption ana purchase oi
the Canal Revenue Ccrtlbcales, anu loI HldhlhS m
yeStments ard paying expenses-secuons ana D.
But tins i only prescribing the manner m whch the
act shall be carried into effect. and not mtAlng the
/ necessary appropriation for that purpose Appfo-
/ prIailOn for TWO wears and all that were deemed
necessary for the present were male by lhe o'h am
9th sections OF the act and the fact that hey we're
made shows that the general provisions "hch nave
/ teen mentioned were not designed as apprOprld-
tons We have other laws which direct the pay
mcnt of money from the Treasury. ant that 1t snail
/ the necessary appropriations for that purpose are
made annually. or once IN two years
/ If the provisions which have been mentioned had
been intended as appropriations, and could not De
executed because not IN conformity to the COnslltu-
/ ton, 1t would not nvalldate tue whole law. Inc
/ only consequence would be that the public officers
would have To wait for proper appropriations before
the payments could be MADE.
II the clauses In question had been nenled as APP
preparations they might perhaps pe supporter on me
ground that the Constitution itself has APPROPRIATED
I fhGSa
duty 20 the Legislature. But III my view of the
matter 1t not necessary to CONSIDER That question
have now noticed all the objections OF any I'M
pOrtance to this act winch have fallen under my OBJ
servation. With one or two general remarks shall
leave the subject. II seems to be very generally
agreed that II expedent TO hasten the completion
of the Canals, If there is constitutional lnped
ment in the There Is no reason, therefore, Tor
giving a forced unnatural construction to
the fundamental law, for the purpose oil defeat,
ing this measure. II the act is carried mo lull
effect If the revenues which the Cohstltu-
| ton has pledged to this object are anticipated
by the sale OF certificates and the canals are com,
pleed, and then If the certlhcate holders are pth
/ out OF the revenues as they accrue when All ths
has been accomplished II Will be difficult to deny that
the remainder OF the revenues OF the Canals IN edch
/ fiscal year has been applied IN the manner directed
by the Legislature, to the completion OF the Cdnals
That everything has been done which the people, IN
the Constitution, declared should be done that 1t
! has been effected without contracting debt or
bringing any burden on the people. 1t VIII not hen
/ be easy TO tnd the rent which we are now told Is
| about TO be made III the Constitution.
/ The opinions which have been expressed against
the power OF the Legislature IN tins matter nave for
the most part had reference 10 the ol whlch passed
the Assembly last Spring, which differed IN some I'M
portant particulars from the bill " Inch has no" be-
/ come alaw. THIS may account IN whole or III part,
| for the conflicting opinions which nave been ex-
| pressed concerning the measure but whatever may
be the views of others, entertain the firm convic-
ton that the act does not conflict with the tunia
| mental law GREENE {. BRONSON.