New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-04-17


view, Of she Council who hal just elo--i. anil u til" c,
tracts read by him Jus- Brown oi the Second Jncsl
pi.,r., las declared si,e lsw sisnonal Concur.
ring in hs respect for Consnsional Government yc,
think his views unsound 1t 10 necessary in honorins
tho cun.rsuton so pcrsev- IL meaning and bc lead
away by the letcr narrow conssrscaon bring into
sOut mpt
Con. nsutions on paper mere pssn,oms without
the hove ard pct II the people. The practical and
received cuusnuctian Of . law constitution by the
people who hive under H. lsrg" majority oi th",
u worthy Ut respect and eunt!cd Ia consideration BY
the Court
The expression Of public and Official opinion in favor
Of the n.siruionHy u the Canal Law IL 'trong and
imposing
Of the resgniny scnssor we're Implanted by men
In favor ~ the law.
> The Executive of the Ssstc sprrov~lm
4 Mcssrs John A. Spencer, Samuel stevens and Dan
Ill Lord approved n
4 The Senstc Committee reported In II. favor
g. Daniel Webster approves IL consu'ution'ty.
Judge Bronson Asrces.
Z The officials VI the state Department have rccoy-
niscd tic law and put II into operation.
The present Legislature b" recognized IL consti'
know that this Court will not inquire who the
pvsous that occupied the Executive chair and lie r.ls
nvc seats They win only regard their action iiSi the
clause added the law been part oi IL laSt year.
namely, that the people ut the SAse shall not be- made
liable Ivy any construc non Of th, certificate These
tincass now the basis u much Of circulating
medium, TAI declare them invalid |. occasion great d
trc~s. They have circussd throne houf the CONNER.
cia world and 'our name ior probiiy 10 take. Mr.
Foot spoke of the various conisinn certain to
frt cclarng Ihe Law unconstitutional tie procecde:
FIRST PoINT.-A Law ought not to h. judged uncon-
ssiunona unlc-s il Ia mAricssly aud unequivocally in
conflict with the Constitution.
SnCoND PoINT.-Ihe surplus revenues Of the canall
spat and de,icasd by ,hc Con .ttion their
eorfpction and the in which iho-c revenues
be- applied Ia thai object given
Ia The Legislature, bus ia. d.snsrrl They
were 10 be applied IN each focal year" tCoaf art
-
Noe l. The Lesi-lanarc, THEREFORE hal power b,
adopt Any conceivable OF sIpiyn. the
D the object e.ignateJ and |. obvious.
csnnOn in like cases than snucp ation the proceeds
the CT. ,t of the fund.
NOss The object of designating the time Ut spphca
ton viz escA tsrsj yev. mot ro the expcndi
tirr and the Constitution doss require tl, rxp-n,l
turr during each i-csl year. the surplus which
In THAT year hut the object spd Me constitution
docs require, the application III the sos.sl anil
estimated or speculative surplus Tho Convention In.
hndcd Ia confDe and the Constitution dos's conf-
Legislature apple Of gfesSrr aum t.n the
surplus actually amount. to. The policy .pirii and oh
Jcct Of ,hs requirement. the those Of the
requirement. oi actual appropriations
The sch waA that the Canal should complete them
selvcs the p'y, to apply the sofsaI surplus AMI
secure thar, annual application VA eno,n-i snd the
ot,e the PROSPERITY Of the STATE The leading Thought
the great 81 this third section Ca
nss -lould complete themselves, wlsouf amy silonsl
sci, me- snd scconp hing hi, rTe., end wa. no. .n
essential and the People ia Convention leit II cnurcy
to te Lee i'lshre. The Legislature s,i In thr
~ This nd point have taken tho obvious and In like
cs.cs the course ,,icct tho end The Con
vc.rn dhi not intend, artemps Ia -gslst' bur the
mort able al thosr who would declare the law uncon-u.
ths raj Obliged to make the Conve nfion cgsts
RIA, their conclusion, and tbas end hist
tho Constitution contains provision which 10 does
1hcsc coDtrscp are snthorzod by law and
ally State dcbts for the contain o the state
to pay
Our learned opponent has stated the various moics
adopted In England In former years Tor raising money
nv
of taxes levied to be evsl and be- contends that II
anticipation, specine funds be allowed then our
Legsstirs may Icy tsx real for h,y years
end issoc crriihssts rs credit, and Aius nuy thu
Constitution and enier IL ridiculous.
There two this argument:
br" His hypothesis v eIirnvagsnt. and any princ-
pie, however wholesome ran be- raeoncd down in In.
ssme way. II Il pucrlc logic
SscoSd The Constitution drdisirs the fund In aucs
bon Ia the specific object and hence the Legi-sr. In
respect To IT, aops such c1rsvAgsn, aud unres-
'onshc measurr, the stated in my learned, oppo
nents hypothesis.
The objection IT, that tho revenues ar. IN he ~.
Pneo yehiy b"W the Canals compsas.J while the
aw applies Il yearly unul she nine n.lons are paid
ASswsn-Ihere IL no on'tituhon. ressricti,n ON the
annals completed
The mex. objection IT, that law insrrfercs with and
e.srrins the right Of the Legislature to apply annually.
" irsy the expenses VI the State AFTER rshsr
ne uenera tund Dcts Is paid the canals completed
ANswkh-The General Fund Debt may b. paid a |
Don - the canals completed There l. no evidence
'efore the Court that II will hut Me deri~ivc an
"..,,. 'n,. .ne oontt"nai pro'son V merely per.
THrsD PorSr The trust, duty obis.tioo, or what,
yer else may be called, which The assumed OF
nh wss conferred upon by the set passed The losh
uiy lsSl, for the completion u the Canals vs. nos
ris within the meaning Of the l2h secHoa Of the 7th
rrcle OF the Constitution.
Mr. Foos quose, rh~ section In questiua
The neaning 70 obvtous etsss dobe b - ob'xsaoa
. repay money borrowed she credit VI eli- State
he history Of the finances Ut the Sese aud Of the Con
fiflun Aek.f I'm
icton s nofhing less than what have ststd
The money obtained under the Canal law. in
uc~tion " borrowed the credit Of fand consisting
she surplus The engagement OF the
fo collect and receive The fund and pay IA the
nder, and to remove I'll doubt declaring 1t the tune u
asrnng into the engsyrms M and inserting the sclsra
in the within contract thas n Other obi
anon Inability The sss- the Office sni do
- Of trustee The uansscuon lacks tlr-e essential
gradients II ss,afc dciA ,
/. The money V nH borrowed on tie credit Of The | ,
tase ans, the Stxtc docs not become debtor ,
The stafe do~s the obj cation VI debtor
The holder of the ccruhcAfe has lao rsns " demand
.yrnrnt Ut the STATE
The learned cuunsrl argued the question Ut debs ~
myth, exposing the crronoou. vi'ws rt.lned then
lsss'd 20 bis ,
FornrH Notwithstanding the rrveuu,.. ,f 49,
ais Ia FORM nd phssi for the fetuy. ~
eh sntsi sons. u NOT . ssl. lease or ssh., d,,.s
IN OF The c"a"h Ia violation Of 'ccon d article III the
The mss ,iss end oljcr, II ihi. .c,io, (. re.,,v
~ IN thc si"'' The management q. the Canal. IN.
o. nv .r nl.neic with thu In the len, /, even
-, eo,. entieiy under the iauas,un.,a a m.
~. Gus, sesentn see'ion Of the law V =. LLlow.
.. Ala posa shail ON yssI 10 yesr u,,,,l -.
.,sa By .s' Of The L~n.sarr .aa.t tie r-, n
49,, On tho CNi.ls ~ ths ss.,- \. .,sh
,aa, Of ,,.. .x Ias sm~us viii rrouc, the ressr,s
,r. smin'a opronest ha. eoaendei. ,oa pos with
,iyI,h .I we k~ unco,s ttuional tor viol.ing
:, -, "n on the seventh article N the Co, .titu
~ !. ...s The payment Of any pahls mooney.
% lsr a. isr~,nee ut an appropriation 10y Law" !
s.s aoes .osssn the resse appropriation. In sec.