The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-24

work must be done during the winter months in ,b, :.
we're climate The completion OF the enlargement undo
such dlsad in doing the work in the short pero
Of three years would probably cost eny thar
ten millions OF dollars.
Since the resumption OF the work on the enlargement
and the o. Valley and Black River canals IL
1917 ak million twenty three thousand hundred
and fifty dollars OF work at the estimated COST has been
put under contract and payments made 10 the contractors
TO the OF three million six hundred and one thou
sand five hundred and nnsy -seven dollars; and during
the period there has been paid 10 these canals "a,
@2s 53, and 1923 $40 Tor land damages and
misce charges and within the four Years ending
30h of last September, there has been paid for inter-
est on the canal debt OF the Stale the sum OF S36l6A4
all OF which has been levied transportation on onr
canals Now, ii is proposed 10 increase the annual ey
pendure for construction at the rate OF three millions Of
dollars year. by borrowing that amount and levying The
interest the money borrowed as well as the pDcIpal
by high tolls on transportation for the twenty. ona
years In our judgment, It is much better policy to pur.
the safe and prudent course always ADHERED 10 by e
democratic party for The completion OF these canals and
which, BY a wise, faithful and economical application Of
the means placed at the disposal OF The State would
complete them as rapidly as the necessities OF business
or the Interests Of the people demand.
Another fact in relation the enlargement ncidea
tally developed in the discussion OF the nine million bi
which deserves notice.
We allude To the changed plan adopted intended 10
be adopted by the canal board the of The enlarge.
ment between Rochester and Buffalo, and which has not
hitherto been communicated to the legislature the pub
lie by the officers having charge OF the canals in any Of
their official reports required by law to be made II is
now however, admitted that The canal from Lake Erie
to Lnckpo or The greater part OF that DISTANCE - TO be
feet deep and ninety feet wide, and from L0ckpou
Rochester the size is be gradually diminished until
shall be al Rochester feet by TO-
Whether This change in the plan is required to main.
tain good navigation, TO give additional water
power Lackpor, does appear in any official report
from The canal board resolution Of the senate, re.
nestng The canal board 10 communicate their plans and
copies of the resolutions adopted by them respect 10
an increase OF in the enlarged canal west of SYM.
cuse, has remained unanswered Why this fear OF dis
closure of plans for the enlargement unless il sShat
apprehension exists that the plans adopted proposed will
not meet the approval Of the legislature OF The people,
or that The actual COS, Of executing The work may far
coed the estimates which legislative action be
predcaed!
Fellow citizens, we have thus briefly given to you
statement OF the provisions OF highly important
nre deeply affecting the interests and welfare of the
Sale which has been originated and brought forward
since you have had an opportunity OF choosing repre-
senatyes in the legislature, and which you have had
opportunity OF examining or considering or OF expressing
your wishes in relation 10 It to those Who your
agents. called give to il the form and sanction
| of legislative enactment.
The measure in question had been pronounced by the
attorney general the legal adviser OF the Legislature, and
the highest law officer of the government to be clearly
in conflict with the plain provisions OF the constitution.
Under these circumstances we felt constrained by our
sense OF duty 10 you, and by obligation TO support
the constitutions oppose the passage of the bill in q0es
ton by every IN power, but all our arguments
and circumstances unheeded by overbeaIing and
tyranncai majority in both branches OF the Legislature
and the bill was about TO be forced through when thr
teen members OF the senate as the last and only means
OF resistance left them, resolved 10 resign their seats
ii necessary, to defeat unconstitutional measure, and
10 appeal 10 The people for justification OF the act.
Twelve of these senators elt compelled TO tender their
designations, and the remaining one avoWed ms deteFm-
nation do SO, II was necessary all declaring
at the same willingness 10 relain their seats in
the nne-mlion bill should not be passed, and thus
enable the Legislature TO complete the large amount OF
other business then maured and ready Tor hnal action.
and having. according all legislative usages priority
in point of time to the bill Tor borrowing nine millions Of
dollars But the majority, in their rage and disappont-
the threatened defeat OF their avote scheme OF
public punder resolved that that could not be passed.
all other bills which had been previously matned, and
which deeply affected public and private interests should
4 be los, with II and they accordingly adjourned both
branches OF the legislature without day, with recon-
mendaon TO the governor to convene an extra session
al large expense TO the State for the pretended purpose
4 OF doing what could have been done, and what The
twelve who resigned offered 10 remain and ASSIST
in doing, by continuing in session one day longer and
there be doubt that the session would have been
continued by the majority, and the business trans.
acted notw thstandng the resignation OF the twelve sen
alors. if the nine. million bill could have been passed.
i LII urged by that if the nine million bill was in
violation OF the constitution appeal should have been
made 10 the judicial tribunals to arrest It's executions but
under law Of This character the mischief might have
been done before could be arrested by an appeal 10 the
courts aud il yet well settled whether the courts
have jurisdiction OF this kind to afford com
ree remedy by restraining the executive officers OF the
government from executing law enacted by the legisla
t1Te authorizing the borrowing OF money Tor or on be-
half Of the State. proposition so TO amend the bill IS
TO give upquesoned jurisdiction TO the courts 10 sdlud'
cate the questions raised rejected by unanimous
vote OF majority in the senate.
We have thus given you brief account OF the present
condition Of affairs in State government, and OF the
manner in which have endeavored to discharge the
responsible committed 10 your representatives
We submit our conduct, in respect TO The important
matters which have been called to act 10 your i'm
partial judgment with undoubtng confidence that the
free independent electors OF the State OF New York
| WILL al all times and under all circumstances, manifest
firm determination TO maintain and preserve Tor them
selves and their poserty the constitution which they
have adopted for their government nvioatc and sacred
| ALBANY, April II, 1851
SENATORS.