New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-04-30
THE CANALS AND THEIR ENEMIES.

unconstitutionality of the act of our Legis-
lature of 1851, at its special summer Ses-
sion, providing for the more speedy En-
larpement of the Erie and OswegO and
Completion of the lateral Canals, has been
fully argued before our tribunal OF last
resort, which will give judgment thereon
within the ensuing fortnight. On the char
acter of that judgment we do not care to
speculate. The act in question simply ap-
propriates the prospective Surplus Reeve
nues of the Canals to the use whereto the
Constitution expressly pledges them. 1t
allows the work to be done more rapidly
than the Revenues accrue, provided capl-
talists can be found willing to advance the
money therefor and look to the Canal Rev
enues alone for repayment. Every year
since our present Constitution was adopted,
the Legislature had been accustomed, with
out objection from any quarter, to appro-
pirate the prospective Surplus Revenues OF
the year to the prosecution OF the Canal
Enlargement. The act of 1850 does like
wise with the Revenues of several years.
We see not how this can be adjudged un
constitutional without involving the former
usage in the same condemnation.
But we leave this to the Court, and pro-
coed to call attention to the bad faith
wherewith the Enlargement and its friends
have been treated by the leaders of the
party now ascendant in the Canal Board.
How Gov. Hunt, in his first Message,
set forth and urged upon the Legislature Of
1851 the plan of Speedy Enlargement by
anticipating the Canal Revenues-how his
plan was adopted and urged by the Wings
and desperately resisted by the Opposition
Members, 1.-THE majority of them being of
the Barnburner school and controlling the
action of the Hunker minority)-how the
regular Session was broken up by con-
certed resignation of all but two of the
Opposition Senators-how Gov. Hunt
called al Extra Session and ordered Special
Elections to fill the seats of the resigning
Senators-how the People condemned the
breaking up of the Legislature by choosing
Canal men in place of six of the recreants-
and how the Legislature, thus reinvigora-
ted, proceeded to pass the Speedy Enlarge
ment bill,-are already well known. And
thus the policy of Gov. Hunt was approved
by the Legislature, and enacted into law
some nine or ten months ago.
Manifestly, this was the time, if any
serious doubt existed of the laws consti-
tutionality, to make an issue upon it and
carry it up to the Court of Appeals. No
obstacle prevented; and, if there had been
any, the Governor and his friends would
have gladly united in any steps necessary
to bring the question fairly before the Court
and have it judicially settled. But they
could not themselves raise the question,
while their adversaries saw fit to avoid 1t,
and the constitutionality of the law was
thus far tacitly admitted and established.
SO the State Officers of 1851 advertised for
Proposals under it and borrowed, on the
best terms proffered, Sl,O00,000 for the
prosecution of the work.
But might not the enemies of the Speedy
Enlargement see fit to continue their Politi-
cal resistance to the policy thus Inaugural
ted
This was a subject of lively solicitude
prior to the meeting of the Democratic
State Convention at Syracuse in September
last. That Convention determined not to
provoke another defeat by further resist
ance to Gov. Hunts policy. A Speedy
Enlargement resolve, after anxious and
protracted consideration in the proper Com
mittee, passed the Convention, without a
murmur of dissent, and was sent forth to
the People as ali avowal of the Partv's
position on the subject of the Canals. 1t
is as follows:
RcsolreS, That have no confidence in the Whig
management of our Canals and that their expenditure
OF ubc money has been heretofore lavish reckless and
corrupt lnasmuch law has been passed for the
Enlargement Of the Erie Canal placing millions at the
disposal OF tie Canal Board for that purpose there an
increased necessity for effort the part Of the Democ-
racy TO their energies TO the public funds
from their wsstefl hsnds and thereby insure the speedy
compilation Of the ylOrioas aork.
Here is distinct, unmistakable recogni-
ton that the public voice had pronounced
In favor of Gov. Hunts policy-a virtual
and unequivocal promise not to resist the