The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-19


ALBANY, March Is, 1851.
THE soDUs cANAL-rHE GRANT OF PUBLIc LAND.
The House resolved itself into Committee Of the
Whole the bill to charter the sodus Canal Com
psny. The question pending, when the committee
rose and reported progress upon the striking
the fret section Of the bill.
Mr.. LIE Roy resumed the floor, and continued his
remarks in opposition to the BILL and read from the
statutes the decisions Of the Supreme Court and the
Chancellor, to sustain his position This law pro.
poeed to take large amount of property owned by
private individuals and to appropriate 1t to the
ard purposes Of thi. canal and he believed that the
proposition rspugnant to the terms of the consti
tuition. and in direct opposition to the law Mr. Leroy
then Smiths commentaries In plsnstion Of
What might be considered public uses. He contend
ed that II the bill passed. granting the power
10 these surplus waters 1t would be entirely a
constitutional He charG ed that the coupling Of pub
lie and private uses would the interests Of pr
yae individuals, and where that occurred one
could doubt the unconstitutionsity OF the law and
that 1t would be void Another objection to the act
was that the Legislature had said at it's last session
that the objects OF railroad legislation could be OBJ
tanned by general law, aud he could not discover
object contemplated by the law The State have al.
ways held to be Just and proper that they should
return whatever water was In any way diverted irom
the streams In the State; and in the of the Gene
river appropriation Of $500 900 had bsea ie
towards the liquidation of damage caused by the dvi
sion of it's waters Much has been said by the friends
Ct the bill about prior equity Tho broad Seneca is
nearly equal to the Hudson, and it's waters are OF
great value In 1909 power was given to certain
To erect dams this river for milling purposes and
s this canal corporation talk OF prior equity when
the project not mooted until more than twenty.
pus waters. Mr. Leroy then read from the reports Of
canal com missoners to tbow that the results of
Seneca rivers were extremely detrimental to the in
teretts OF canal navigation with all these sdmoni.
tions before 1t lie proposed to tap the Erie canal at
Clyde, and to draw from It sufficient quantity of
water Tor canal purposes, as we'll as unlimlted
quantity fer by draulic purposes. The reports which
have bt ten read were made by men who were comps.
tent to form opinion and should be governed by
them.
Mr. WOOSTER from an examination OF the bill. had
arrived at the conclusion that 1t should become law
and the company ehould be rechsrtered. tie was
aware that this position in direct opposition TO
the views Of several gentlemen the floor aud he
was sorry TO be compelled e differ with them lie be.
ievfd that the minority report ched In unfair
terms He did not wish TO mpugn the motives of tbis
CON nitee In his remarks although he could not hink
fsvorahy OF the arguments OF the minority OF the
mittes The company va. FIRST chartered In 1922 but
rom some cause they did not comply with the terms
thereof Their charter expired and In 1915 they
again given another charter and .till the work was
not commenced After the company had obtained the
right OF wsy circumstance. over when they had no
control. iIterpo.ec 10 prevent the completion Of
tire work und,r the last section OF this chsrter
ard tbis he considered, one great and cogent
Sby the bill should be passed. Mr.. w. read
iron the port Of the minority OF the Committee 20
chow that there was tact sok cjgeent TIL this
work wss one OF grest public utility aud cslcusted 10
wsrk greatly TO the advantage OF the state aud our
sht 10 say that man, or a set OF men should b.
compelltd 70 follow certain line, merely 20 secure
= the trsaury Of the State increase OF It's funds
al he believed that any channel which might open
rtw M ans OF tran, portston ehoud be cousid,rei g.
ttey ere certainly, works OF public utility. Mr. W
preceded TO read extracts from the report Of tns mi
Bo-ity arr commented at sidera bic lepyth upon
hs Views set forth therein He asserted that Ia cas
o. the building at this capa the mount OF 10
l. realized Nould be greater than the amount received
irum The Oswego nal The d,rtance from ths inter.
section q: the two canals is eight miles torther
upd tie treasury of the State OF eou,sa b. tho
gsirer. The burthsn OF the minority report was tha.
tvouli operate disss,rou,y 70 the inhsoitsnts Of o,
wsso Forone be would regret Co see Osgego damaged
b. the - chatter 81 thu oompanY yet. he could not
so 9ty otwego should be saytd harmless 20 tho mani
@t hluiy OF other places IN the 6tnte fe could not
zee uby any nero attention rhCud be oail 10 that
city ihan any other in the State
1HE sctooLs-THE WFsrEra utftR0Ap
Ths hour - ten minute. before twelve o'elo,s hiv
ing rived the speaker resumed the chair and au
nnesd - specisl order combating Of the school
mr. sntH having possession % the door moved
tbat Tie committee rise and report progress to the
hours.
rpr soprs cat,t .onv.
Ths aver 'gp'n ,phounceA the 'pseial order Il
1r. Voostsn rsrumsd the noor hut after a few
uiHCtes tre Speaker resumed the chair an announced
IN tbcotence TO ioiut rssolution Of the House
the holy Rould thsn proceed 70 nominate person to
suTrly
ruE vAca.r rrcFSr.r,r
Caufct by tt- death OF ~. Peter Wendell Upon
ealing tho ro the result scerained TO be a, an
nsxed
Rev John N. campb.Il.
henry Cutus Il orleans. ...........
herIy Grsgory, oi Syracuse
Dsh-i nehhsen. ......t.. ..................
br. 7. X. Beck. ................ L
Mr wHrrlrs moved ihst the Rev j ! \ ciampSsIi
be ds,lsred The nominee Of the Assembly for the va
A p,,ssgc ss then cent 70 the Senate Announcing
that thsy we're prepars1 TO meet that body n the
stney chamber, to COM are the nominations for Re
gtBt.
Tvs srocR rSsuRAvcr eoar.xy
The bill to incorporate TIE Northern view York Live
G.vss IbsdrRnce Company, was reported complete
rRrsgNIsTtoN a. rKrtuoSs.
The following petitions were presentei To prohibit
tie 'as q into xcatinx liquors for the repeal Of
Free school Law AGsinst the w. of the Erie Canal,
itom the Mob'stums marshe. for auy other purposes
than canal navigation Agstnst the sodus Day canal
. - n,LL FoI A aiSiSa coNrsNy.
Mr WAtis.S presented n hill incorporating the
Frsnklire'r Mining Company
tcl.r Msr1tNG rHF TWO norars-rnr rLrcrtov or
nfctNr or IHE uNwERarY, Trc.
Inc ,Fscial order wes announced and after r short
ne pared V ts confederation the Speaker resumed
TIE chsr and announ ed that the senate hsd concur
red in the resolution disctipg icnt meeting Of both
bsr q the Legislature 'or the purpose Of county
rbe senate preceded by the Lieut.. Governor, then
spreared IN The Asrembly Chamber. and the Lieut..
oorernor aunouncsa the object a. IN, meeting.
bpon conn airing the Proceedings ot the Senate and
Attnbiy y vas found that they red asre.d IN nomi
tLe place Of Dr. Peter wendell deceased
Inc Li.u, GoytRNcR, thereupcn, in yirtue of the
power vettrd IN HIN. declared that Or Camp
wendell dcceend
The Jeint meeting "a. then q di.,oi,sd Tn. senate
returned 70 thsir chamber and the House slain vent
into the confederation Of the
nr.taaArfa o. rHr sons csSat courAsy
Mr WoaErfH tusum ed the roor and ars 1ed a. g,,at
icrs th IN ftTtF sffha hiil when be con5luIad
str RrNf.r0r7 tuok tha door. in opposition to the
t.ll eni fol ,hrec hours Addressed ths ilou.,
Sir ToWnNp tkcr aderss.e tle COMMITTEES In il.
rcr 81 ne Oil
f. N..fI e fs.# eg.s -