The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-05-16
THE UNION:

revenues OF the said canals SHALL In each fiscal year. be
applied such the legislature shall direct TO
the completion OF the said Erie canal enlargement and the
Genesee Valley and Black River canals. until the said
canals shall be completed. Cart 7, sec. a.
This remainder will each year be in the treasury,
where must remain until taken by appropriation.
Ii will necessarily be csriaa sum, and such only
can be taken out OF the treasury for by the consiiiu-
ton. every law making an appropriation must "dis-
uasy specify The n s app5sp,asa and the object 70
These provisions OF the constitution require
l. That there shall be appropriated each year the last
remainder Of the canal revenues then undsposed OF IN
the treasury.
The act OF appropriation must specify the sum .
and The TO which 1t is TO be applied" This oh.
ec will necessarily be the completion OF these canals
but the legislature may each year direct what particular
part of The appropriated shall be expended each
Of them that being prescribed by the constitution
g. In this manner these annual remaihdsrs are TO De
appropriated and applied "unP the completion OF said
canals.
This bill violates these provisions throughout il as
sumes 10 appropriate the anticipated rema,ders OF future
years, and direct the in which they 10 be APP
piled and used tSec 3, 30 But this cannot be done;
The constitution only authorizes the appropriation and
application of existing remanders-sums then tanned
and ceairand which must be done from year 10 year
{" until" said canals are completed. :
The constitution declares THAT the legislature shall
not SELL lease otherwise dispose OF any OF the canals
of the State but they shall remain the property OF the
State and under it's management forever" (Ar. z, sec.
6) This part OF the property Of the State is therefore,
10 be and remain at all under the absolute control
and direction of the State and the power of control
and management is to be unshackled, the legislature may
al any and all times abolish existing tolls, increase or d.
minish them impose shall be deemed ex-
pedien and proper The power OF The legislature in these
respects wholly untrammced BY the constitution, IN
less may fairly be implied that i was intended the tolls
should be kept up to pay the expenses OF collec
and repairs OF the canals and also provide for the
payment OF the canal and general fund debts the
Of the government greater less extent, and the
ultimate completion Of the Erie, Genesee Valley. and
Black River canals II the constitution means, as think
i, does that tolls adequate TO these purposes shall be i'm
posed there is still TO pretend that It requires
any particular to be raised annually for the
peion of the canals whatever amount OF business may
be done upon them That is left wholly large by the
constitution, ard remain for the canals are 10
be at all times under the immediate control and "
agement" Of the State But this bill assumes to divest
the State of that power, requires the tolls so TO be
adjusted as TO produce certain amount annually for the
purpose OF these canals, given quantity OF business
shall be done on them. (Sec ILL., This il obligatory
on the State. would destroy the power OF "mdxagement
and CONTROL which guaranteed by the constitution and
therefore this part of the bill is in violation OF that nsru
ment.
have thus stated what to me nsuperabe consti-
tutional objections the bill passed by the assembly and
have omitted any allusion TO other provisions which
might well Justify remark But my design TO exam.
inc constitutional objections, and, having done dis
miss the subject
j SAML BEARDSLEY
j UTICA, May 10, 1851