The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-26

pxeDe Court says-'I donot so read the
These words are as broad in their sgni6cson any
which could have been selected for the occasion
from our vocabulary, and there is not syllable in
the whole instrument tending in the slightest de-
gree to limit or qualify the unversality of the Ian
guage IL the clause can be so construed that it
shall not extend alike to all corporations whether
public or private, it may then, think be set down
as an established fact that the English Language is
too poor tor the framing of fundamental laws which
shall limit the powers of the legislative branch of
the government !" :" In this way q solemn instru-
ment, for so think the constitution should be
sidered, is made to mean one thing by one man. and
something else by another, until in the end it is in
danger Of being rendered dead letter, and
that, too, where the language is so plain and
explicit that it is impossible to make il mean
more than one thing, unless We first lose sight
of the instrument itself, and allow ourselves to
roam at large in the boundless field Of specula-
tion. For one, l dare not venture on such
course. Written constitutions of government will
come to be considered of little value if their
injunctions may be thus lightly overlooked and the
experiment of setting boundary to power will
prove failure. We are not ut liberty to presume
that the trainers of the constitution the people
who adopted it did not understand the force of
language" The judgment thus dissented from was
reversed in the Court for the Correction of Errors
and Senator Paige, in his opinion in that Court,
says:-"For one ! cannot consent to palter in
double sense with any part of the constitution.
Through no agency of mine shall it be made to keep
the word Of promise to the and break it to the
hope. / trust that the Court will not hesitate to
array itself in favor of the old and revered doctrine of
strict construction is the only sound and safe
doctrine for the governance of either judges or le-
gislators Ii courts are allowed to depart from it,
and venture upon the perilous experiment of sub
shutting, for the clear language of the instrument,
their notions of what it ought to have been or
what its trainers intended, there will be an end of
written constitutions, and Of all attempts to fix
limits to legislative and judicial power"
Applying these principles to the section in ques
tion unable to see that the words g in each
fiscal year., are not placed in such connection with
the residue of tho sentence, as to convey the
ing which the convention and the people intended.
We no ground for thinking that different
arrangement of the words Of the clause would be
better calculated to express that meaning, and no
ground for altering the arrangement, except dis
like of the meaning which it now clearly conveys
The words in question: placed where they arc, are
full of significance, and say plainly language
can, that the application of the remanders Of rcve-
nue. to the enlargement and completion of the canals,
is to be made in each fiscal year. until their compile
ton. The convention and the people have then
chosen between the two schemes of finance Of which
We have spoken, both Of which had been tried and
their results ascertained Taught by experience.
they selected that scheme which thew saw ensured
success avoided debt, and facilitated economy-the
scheme Of paying the means of payment should
be produced from the revenue of the canals. u is
however, contended that, conceding the words 8 in
each fiscal year. to be so placed to convey the
meaning which the people and the convention in
tended, the whole clause, taken together confers
upon the Legislature entire discretion the
enlargement
completion of the canals That although this appi-
cation is directed to be made in each fiscal year,
yet the scheme of the canal act is mode Of thus
applying. these revenues That, therefore, the
whole subject of the manner Of application is within
the discretionary power Of the Legislature the par
tcular manner adopted in the act is necessarily
stitutonal.
1.-THE words of the constitutional provision had
been ''in such manner as the Canal Board shall
direct" no one would have supposed that board
trusted with the power to get up such Il financial
scheme rs the act in question contains. No one
would have doubted that the clause fixed, in the
first place, the thing to be applied viz. the re-
mainders OF revenues next, the object to which they
were to beapplied, the enlargement and completion
of the canals; and next, the time of application
in each fiscal year until the canals shall be
pleted" And no one would have hesitated to ad-
nit that the discretion conferred by the use of the
words sin such manner as the Canal Board shall
direct, had reference to other points than those
which had thus been fixed. Now, it was never heard
OF as matter OF law that the character of the agent
had anything to do with the extent or nature of
the power conferred upon him. That depends alto
gether III on the terms in which it is conferred and
rot al upon the character Of the agent. This pro-
position is tbundapty plain, AM in general terms
would scarcely be denied by any one. let the posi-
ton we are examining is founded upon its practical
denial, the notion of the sovereignty Of the egis-
lature, which. although entirely accuracn reference
to the Parliament OF trca Bcitain, to which body
il was first announced. has very limited npplica
ton 10 Legislative bodies existing under. and subject
to, the PROV isioIs Of written constitution. Tina.
the Legislature possesses the legislative power Of The
state under the constitution is true bat this does
rot touch lie question Of the extent of that power.
| hat depends upon the restrictions which the con-
situ!ion has imposed because, subject to those re-
siicicus the whole legislative power of the State
! is granted.
In respect to the revenues Of the State, the Legs-
laure has not been entrusted by the people with
limited power. On the contrary. the limitations to
be placed or its power seem to have called for and
received the anxious attention of the convention.
Ytflu In &C H..
| ton manifests the most careful purpose to assign
| limits to power which would otherwise be unre-
strained These restrictions, it is to be remember
cd are imposed by the sovereign power upon one of
the agentsit has constituted to carry government
We not at liberty to think that restrictions upon
the pewer Of the Legislature are unnecessary. The
fact that such restrictions contained in the
| stituton under which we sit, is for Us conclusive
that these restrictions are necessary. Nor can we
regard them as unvise. or against liberal and en-
ghtcned policy, and therefore to be cyaded or con-
strued otherwise than according to the spirit and
policy Of the provisions themselves. If that policy
differs from any other line Of policy. then the latter
is that which are bound to avoid The policy
Of the constitution is fer us liberal, enlightened
wise, and must be sustained by us so long as it re-
mains part Of the fundamental law.
Under the constitution, the thing to be applied
! to the enlargement Of the canal IS reyenue-money.
| 1t is chat which is to be applied not something
cse The product Of the use of that money. Ii is to
| applied moreover, in each fiscal year. The appli-
| cation is not to be delayed by accumulation, nor
fastened hy anticipation, but is to proceed year by
year. using The Of the year for the work Of
| the year, until the canals shall be CON pleted We
arc not at liberty 50 to eonstrue the discretion
fcrrcd on tire Legislature the manner Of appli-
catiop rs to bring it into conflict with the time of
! application which the constitution expressly spcci-
fes. The act III question provides that after 1851
the remainder Of the revenues shall Nc applied not
! TO completing the canals, nor condtionally in case
! the canals shall then be completed but absolutely
10 the creation Of fund to pay Canal Revenue Ger
int Il thp cho
not he COM lctcd before that period, then the act
and the constitution are directly II conflict the
declaring that they shall be applied TO the COM
Ietiou u tie work, the other that they shall be
accumulated in fund for paying the certificates.
We might with entire confidence, rest the deter
minatiCu Of these cases upon tie grounds which we
| have alscady considcrcd but we think it proper
afo to consider the question whether this act does
| lot rurrort to authorize the creation of debt
against the State, within the meaning Of the prohi-
LltnNa rla-Lld IN tic It'll allicle Of lie canslLu-