The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-20

Protest and Resignation Of Democratic Senator's.


Protest and Resignation Of Democratic Senator's
APRIL II, 1851.
SIR: The undersigned. members Of the senate of the
State OF New York, consider the bill now abon to De
put the final VOTE authorizing loan OF nine millions OF
dollars pledge OF the remainder OF the canal
enues in each fiscal year. as clear direct and hagrant
violation OF the plain and Ineligible financial provisions
that instrument, and which We all sworn to sup
port when took our seats in this senate, declares
that except the debts specified in the 10th and llh
tons Of that article. (Which debts casual def
cts failures of for expenses not provided
for not exceeding at any time one million OF dollars. and
Slate IN war; no deb, sba hereafter be contracted BY or
behalf OF the people of this State. unless such debt be
for single work object, and lax be imposed sufficient
10 pay the principal and interest within eighteen years
from the of the contracting thereof and that every
law authorizing loan shall, before it takes effect be
submitted to the people at general election. and be ap
proved by majority OF all the votes cast for and against
It at such election.
The sixth section of the article declares that "ihs
legislature shall not SELL lease, otherwise dispose of
any OF the canals OF the Stale but they shall remain the
property Of the State, and under its management for
ever"
The third section of the same article provides that
latter paying the expenses OF superintendent and repairs
Of the canals and the sums appropriated BY the first and
second sections of this article 900 10 pay
listing Stale debt) there shall be paid out OF the surplus
OF The canals to the treasury OF the State
before the 3Oh day of September in each year. for the
use and benefit OF The general fund.- such sum, not
ceeeding hundred thousand dollars, may be
CURED TO deay the necessary expenses OF the State and
the remainder OF the OF The said canals shall in
each fiscal year be applied in such manner the sssla
ture shall direct, the completion OF the Erie canal en-
lagemeD and the Genesee Valley and Black River canals,
until the said canals shall be completed"
The bill referred to- which is entitled "An act to pro.
vide for the completion OF the Erie canal enlargement
and the Genesee Valley and Black River canals clearly
violates, according 10 understanding both the letter
and spirit of these provisions OF the constitution Ii
lhozes loan OF nine millions Of dollars, without sub
II ,bn
imposing tax pay the debt created the constitution
requires II authorizes the creation OF debt OF nine
millions Of dollars and pledges the future revenues OF
the Canals which by the constitution to be applied
to their completion for its payment II obga
ton pledge the part OF the State 80 to arrange and
regulate the tolls all OF our canals as to produce
surplus OF least eight hundred thousand dollars in each
year, until the Erie canal enlargement is completed and
after that sufficient TO provide surplus OF at least
million OF dollars in each year. until sufficient sum
shall have been collected and safely invested pay the
sum borrowed thus mortsagng the canals OF the State
and binding the State 10 impose tolls and taxes
porlaon all canals. so as 10 produce al least
given amount of 10 pay the mortgage however
such impositons may be 10 the forwarders or
destructive the trade and business OF canals Such
Obligations contracted on the part OF the Stale with its
creditors TO conditional disposal OF canals
OF the STATE and violate both the letter and spirit OF that
clause OF the constitution which declares that the egs
a,ure shall not cell otherwise dispose OF the canals
but they sha remain the properly OF the State and under
its management forever.
The bill also violates those provisions of the consu
ton which direct the remainder OF The OF the
canals in each fiscal year. to be applied TO their
pleuon
I, appropriaes for years TO portion OF the re
mandsr OF the revenues OF the canals 10 the payment of
interest money borrowed instead of applying such re-
mander in each fiscal year the completion OF the ca
nails II pledges the remainder OF the revenues in each
fiscal year for the payment OF money borrowed and
which, when borrowed and placed in the State
may be appropriated, with a esa violation OF good faith
than it is borrowed 10 o'hepuposes than the completion
oil tie canals.
The bill also directs portions OF the money borrowed
morage pledge of the revenues OF the canals 10
be applied TO the payment OF The interest the money so
borrowed thus recognising and establishing the prp-
cple that the State may borrow money and debt 10
any extent IN its power on pledge Of The future income
Of canals, and may increase that debt by other loans
like security to pay interest the money previously
borrowed, and may bind itself forever tax anspora.
ton on our canals 10 the extent necessary pay the
debts thus contracted The establishment OF this prin-
cple nullhes those provisions OF the constitution which
plainly and expressly prohibit the legislature from con
tracing debts without first obtaining the sanction of the
people, and from IN any way selling dsposinR of the
canals, and may in its results, impose the State the
obligation TO transportation all canals BY such
high tolls TO destroy their usefulness By driving busi
into cheaper and nntayed channels OF
else compel the State to lay direct tax on the people
10 pay the money thus borrowed.
We in favor OF the enlargement of The Erie canal
and the completion OF the Genesee Valley and Black
River canals and desire 10 have the work done in
the manner which the constitution authorizes and re-
quires, and we are willing TO submit the decision OF that
question to the people But will not consent for the
purpose OF accomplishing that any other object how
ever desirable knowingly TO violate the constitution and
lranplc il under our feet.
II the policy Of the democratic party adopted in 1895
Of enlaging the canal By the application of the surplus
revenues TO that work. bad been continued the enlarge
nent would now have been completed, and our State
iebt far reduced that the legislature could at this time
remove the greatest obstacle in the way oil the for
warder-high tolls.
We regret say that this is not the first instance in
which We have felt constrained TO differ from the ma
orty in the decision oil important constitutional cues
ion which this senate has been called on to decide We
'llude to the decision recently pronounced here, that
member OF this body duly elected and returned as a
member OF Congress, with his consent. and not declining
o accept the office, entitled to sit here as a senator
atfer The commencement OF his official term az me mber
II Congress, notwithstanding the constitutional declsra
ion that mo person being member OF Congress shall
'od seat in the legislature Whether the decision
mace BY majority OF this body in that case was in any
egree influenced BY desire the part OF the majority
retain the power in this body carry this and other
avorie measures we will not the right 10 deter.
nne but will leave the decision of that question 10 the
IMPARTIAL judgment Of our Constituents
We have felt constrained BY the obligation which we
re under to support the constitution to oppose the pas
age OF this bill in every stage Of its progress through the
enale. We cannot but regard lis final passage a.
rosa,ion OF all the barriers intended be erected BY
he constitution against the abuse OF legislative power
orrow money, contracts debts, and impose taxes II L
ow seems that our Arguments our appeals. and our