New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-04-23

Them. shall prove insufficient ~ eAAOe 'Ne 90
"on the cREDIT + such iurd, - procure tuo
ito satisfy the claims OF the creditors oil the ota'e
as tbev become payable, then taxes may De
iuposed 10 meet the deficiency here IS IA eN
TIirit md upmi.tskable assumption, thSt the
rvsgjf If a fund may be used FOR procuring money
n carry out the objects for which tnat Iund Vas
set spaIt.-yet the money 50 procured aoes
constitute debt against The STATE tor II ga Il
uoDl6 be forbidden by the twelfth section OF the
same article Of the Constitution. The case ID
question Is precisely analogous. Money 10 pro
cr-ed on the cT,dH Of the Surplus revenues wn'u
are set spart by the Constitution as Juno 4s0H
which the Canals are to be competed
This point which seems 70 US clear enough ~
itself has been very deliberately argued Ia oo'u
branches Of the Legislature. DeslfoHs Iua. ~
/ doubt whatever should remain upon the sl0j ScI,
it Was submitted 70 the examination OF me sues
J wrists in the United States DAHlAL " tDslE
no is universally recognized as the hlshest Nv
irg authority upon points Of legal or constitution
/ 81 construction, has declared, that IN his Jlds'
ment tits lear that these certlhcates are 70 DC
received at the sole hazard OF the receiver OF
bis assigns, without any obligation on tue Par'
of the State, direct or direct, Ia "a" Or equity,
/ go make apv other provision for the repay mehs
of the sum which may be advanced anu tuat
"he does not think the TRANSACTION amounts
/ q" 20 the contracting OF a deot Wltnln the
"prohibition Of the Constitution. Inc oPlh-
/ ions of john c. SPEsCER, SAMUEL oIE, aNs'
] DANIEL LORD and OLner distinguished J@i'9
been published all presenting the same view OF
The spbiect and arriving at the same conclusions
Tpon the other hand, Mr. LEVI 5. CHArFiELD,
the Attorney General OF the state, has suonlIseu
/ - the Sensfa paper whlch can only DC ehAI4
terized as violent, partisan dlatrlbe against the
! bill We ask every Intelligent man Ia tue state
/ TO read this communication, together with tue re-
, DIV to it made by the Committee on Canals III the
! Senate, and 70 judge for himself not whether
either Of them in point OF language manner ana
49, lfr~na ~
but whether there is solid ground for rational
doubt Of the power OF the Legislature 10 apply
the revenue set apart by the Constitution for the
| enlargement aud completion Of the Canals to that
sole purpose, by paying for worA done In antici'
patton Of them c c.t
lows up these reckless statements by asserting,
that the bill 10 question L" creates sn obligation
or pledge on the part of the State 80 to arrange
and regulate the tolls on all OF our Canals as 70
produce at least given amount Of revenue %
pay the mortgage, however oppressive sucn
! "impositons may be 20 the fOrwarders, or de-
"structive TO the trade aud business OF our
| Canals Ii would not have been easy to make
| statement upon this point more directly at va
rance with truth. The Constitution declares that
! tue Canals shall remain under the management
of the Legislature forever In the exercise oil the
DOW er thus distinctly conferred, the Legislature
propose by tie eleventh section OF this bill, to Tx
a basis for the regulation Of tolls upon the Canals
This thew have not only the right but it is their
duty, to DO But it 10 not true that a given
/ amount TO pay the mortgage Is Ptedged oy the
/ State under all circumstances. and however op'
uressive it may be to the fOrwarders, or destruc-
tive TO the trade and business Of our Canals. -
| On the contrary, specific and complete provision
/ is made for 6l the emergencies OF seasons and OF
trade. The Senators who signed the declaration
we have quoted, must have known that the bill,
| which thew profe ssed 70 have under examination,
s1.1l ant Of foil on
Of the average business for the three preceding
years 30 that the same amount OF articles trans
| ported should produce q certain revenue Nor
could they have been ignorant Of the fact that 1t
was disticty provided that, even In case OF pest'
lence or any other emergency by which trade
should be interrupted, no obligation whatever
for the redemption Of these certificates should
rest upon the State.
The tolls at present fulfil all the injunctions Of
the Constitution and leave surplus OF nearly
eight hundred thousand dollars. The object OF
i lie 1SaSis u doeP m1S rsiI on the amount or
tolls collected shall not be materially differ
ent. Abundant provision is made for all con-
| tingencies; so that it is impossible that for
warders should be oppressed, or the trade or
| business of the Canals destroyed. Nor is it true
that the section involves any "obgation' or
"pedge" on the part of the State, to keep the
surplus revenues at this fixed point 1t 10 suti'
cienI TO say upon this point that the Legislature
|
that while good faith will require on the part OF
| future legislatures such q management OF the
! Canals as will secure payment for the compile
! tion of the Canals, they cannot be bound or
restricted, by any present action, 10 the exercise
! Of the power which the Constitution conters upon
them. They will have full power TO regulate and
arrange the tolls as they may deem most condu.
Give to the interests and the honor OF the State.
We thus examined the preteXts by which
the actors Of this scene of violence and disorgan-
zAton seek to excuse their conduct to an lntelli'
! gent people. We have shown, has been
! shown over and over again ia official papers aud
speeches in both Houses of the Legislature, that
the bill in question does not violate either the
letter or the spirit of the Constitution, but that it
/ wss designed, and is well calculated, 10 carry
into effect one Of the plalnest and most lmPera
/ tive inunotions of that instrument. We refer 10
those documents for the most cOgent and conC.u.
sive refutstion OF every pretense and every sab
terfuge, by which its enemies have sought 70 jas
tify their hostility to this bill. So completely has
/ Il been indicated by argument, and so hrmly are
/ it's provisions established in the requirements OF
the Constitution, that We find 1t difficult 10
aEcrbe the envenomed opposition 1t has encoUu-
tered 10 the causes assigned on its behalf We
cannot believe that this step has been taken,
simply because those who took it deemed the bill
Unconstitutional. We are compelled 10 look
elsewhere for the motives which have prompted
this most extraordinary proceeding. We believe
that il springs partly from hostility 70 the compile
! tton Of he Canals. and partly from the political
contiderstioDs shadowed forth by the Attorney
| General in his official report to the Senate.
/ Tie resigning Senators declare in their pro
test that they are /" in favor Of the enlargement
/ Of Erie Canal and of the completion Of the Gen
/ esee Valley and Black River Canals, aud that
| their only anxiety is, that the work should be
/ done in conformity with she Constitution. 1t IS
difficult TO reconcile this pretense with the deter
minstion they have evinced, at every hazard and
by the most violent steps, TO defeat this BILL
without allowing tie authorized Courts Of Law
| 10 examine and determine its cOnstitutonality.
1t is not easy to believe them sincere in pretend
| ing 70 favor the completion Of the cansls, when