New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-04-10
The Canals-yIandamus Case-Nessase frsu
the Governor.

the Governor.
The following Message was sent in 10
the Legislature by Governor Husr on THURSDAY.
the Sth
To he sssote and <sscably
FELLOW CITIZENS: IL becomes my duty
10 invite your attention the unforeseen Obstacles thai
have been intcrposed prevent the complexion Of The
unfinished Canals Of this state
Al the commencement of the present Session was
confidently believed tint more difficulties would be
encountered in prosecuting the several improvements
proyded for by the lac, Legislature.
The Canal Law had received the general sanction %
the reope Both parties stood pledged TO sustain IL and
on al hands Il regarded as settled question
IN the election Of new Canal Board, every member
chosen unless known an original supporter of tho
measure had received the Popular suffrage upon pub
lie pledge supposed 10 be binding, In honor and moral
E TO support me ew I Sad towards CARRYING
out the provisions of the act Canal Revenue Certn-
Gates TO the amount of 81 10000 were issuet before tho
commencement of the present year ami u loan OF
esO0OO0 was obtained under the act providing Tor the
enlargement of the Oswego Canal Late IN December
contracts were awarded and entered into by the Canal
Commissioners, the State Engineer and surveyor and
the Division Engineers the entire work OF completing
the Black River and Genesee Valley Canals and ba
Enlargement of the Erie and Oswego Canals az an az
gregate coet falling below the Official estimates OF the
Engineers.
In view Of all these an.cccdents regarded the policy
of the State 40 fixed and established, and deemed
cause for profound conlraulaon IN my annual message
IN the legislature that cur Canal Improvements had
ceased to be a subect Of political controversy
In the present posture of ssrs do not desire 30 ~
vive former discussions nor can be deemed necessary
10 enlarge upon the considerations which governed tho
action Of the last Legislature. IL cannot be disguised
however that the which Influenced your predo-
cessors remain in full force, strengthened by another
years experience and by she additional weight which
results from existing law, sanctioned by emphatic
expressions of popular approval
The necessity for more cspacous channel 10 accom-
modae and the western trade has long been fele
and acknowledged
Seventeen years have passed away since the Iegisla-
ture decided to enter upon the enlargement oil the Erie
Canal.
After various alterations of policy, the completion II
the undertaking provided for by the new Constu-
tion by setting apart the surplus Canal revenues for
that purpose. When sixteen millions oil dollars bad
been expended the enlargement il became necessary
20 determine whether the contamination Of the work
should be deferred for long series of years, expe
died By anticipating the surplus revenues which tho
Constitution had pledged to It's accomplishment
1t demonstrated that system OF small annual ex-
pendnires involved unnecessary and injurious de-
lay considerable increase in the actual cost of tho
work; heavy loss of interest on the money already
expended nasmuch rs the principal advantages OF the
improvement could not be realized until the entire
channel is completed and that during the ardy pro-
gross Of the enlargement inability to cheaper suf
hciently the cost OF transportation would force largo
amount OF western business into other channels ~ the
prejudice of all financial and commercial interests
On the other hand, IL was perceived that these evile
would be obyiated and the desired advantages attained
by vigorous prosecution OF the undertaking
While the importance and expediency OF expelitny
the enlargement were generally conceded the same
unanimIty of sentiment did not exist In regard TO he
mode to be adopted for securing the object
Differences of opinion manifested in relaonS 10
the power of the State obtain the necessary funds by
an hsue of revenue certificates intended 10 operate
transfer of the future surplus revenues, without
course to the State in of their nsuciency Twas
shown the satisfaction of majority OF minds, thss
this mode of proceeding in harmony with the pro-
visions and purposes OF the Constitution
The competency of the Legislature TO anticipate the
surplus revenues In the manner proposed sus-
tanned by the opinion of our most eminent urist In
GLIDING the late Chief Justice of highest Judicial
tribunal After the fullest discussion and examination
the exercise Of this power deliberately resolved
upon by the Legislature, and confirmed by the people.
The question having been thus determined by the pas
sage of the law and the subsequent proceedings in
necton with it, 1t seemed reasonable to presume that no
further efforts would be made to defeat rctard il
ecution. But this impression has proved to be
neous. After tho award of tho contracts. a serous
question presented In respect to the authority Of
the Letting Board 10 mako final ard valid contracts
without first submitting them to the Canal Board for sp-
provol.
Ii IL not within my province to pronounce opinion
upon the extent OF tho powers vested in the subordi-
mats Board by the resolution under which they acted.
If 1t necessary to the validity of the thar
they should be reviewed and acted upon by the Canal
Board prompt discharge of that duty would have pro.
tected the State and its citizens from unnecessary EN-
bsrrassment Unfortunately, practical measures
have been taken by the present Canal Board toward
moving the difficulties referred W and paralyzed by
points, it seems TO have summed the exercise Of
every power which had become necessary to the pro-
gross of the work. While the Canal Board and the
Commissioners of the Canal Fund renowned all re-.
sponsbity In respect to their duties under the law
cannot be deemed surprising that the Auditor Of the
Canal Department should dbtrust his authority TO re-
cognize the contracts. to draw warrants for work
performed In pursuance of their conditions.
Yielding 10 the doubts produced by the non-acton Of
bis immediate official superiors, the Auditor has re-
fused 10 honor the drafts OF the Canal Commissioners,
and seversl Of them have been protested
1t appears that proceedings have been commenced
against that officer TO compel payment Of draft thn
refused and protected that the Supreme Court has
granted order for peremptory mandanus and thae
the whole has been carried 10 the Court OF Appeals
for final decision. 1t is also understood that the ques
lions presented viii be argued and disposed Of at the
present term Of the Appellate Court and that is de-
csion will extend not only to the power OF the Letting
Board to award and execute the contract but 70 the
constitutional validity Of the law Itself
You cannot fail to appreciate the grave importance OF
this proceeding and the a9ntde the be-
affected by is adjudication. The great undertaking upon
which the State hos entered, and which was supposed
70 rect upon the deliberate approval Of the people snG
their Representatives, nur DOW depend upon the action
of the Judiciary. Novel sud snomslous a. it may ep-
pear, the question Of charging the Enc Canal
ure demanded by many considerations of public in
terest and policy and 90 repeatedly sanctioned by
GIFTED pubic sentiment has assumed the form Of
aw suit and the capacity Of the State 10 proceed in
the work 1t hss commenced ID reduced ~ question Of
critical phrsseoogy and technical uction Woyp
the Law snd the Constitution shall be int spyeted az
eording 20 the common sense and recon OF mankind
and allowed to operate beuefc!sy 80 the public welfare
or shall be thwsrted by the staca refine OF Legal
subtlefy and abstraction VIII now be determined by As
Court OF lat resort Before that elevated tribunal corr
posed Of Judges whose capacity partially and indepea-
denee inspire The highest public confidence wa may sn-
ncipste the result without apprehension.
The language Of the law be submitted 10 their eur.
sheraton plain and dstnct Ii declares in exyrsss
teTms thst the revenue certificates authorized Sy T.
mall IA no event be so construed TO create any debe
y aaplAy sgsnst INC stale or the people thereof ~
N the meaning Of section twelve article sever Of q
CcneuSsnoh Before the act con be eonstrue 70 at
IL de oth:stion which it thus explicitly etA stw1
must reverse The ordinary meaning Of worls an piay