The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-10
Message from Governor liant


The constttusionaIity dY tho Canal Inv.
On Thursday last, Gov. Hunt sent message e
the Legislature, referring to tho Obstacles which
have beon interposod to prevent tho execution ofth,
Canal law, and asking for authority to appoin
counsel to argue tho msndamus case, on tho part 0
the State. before the Court Of Appeals. We ha,
already giyon Geographic account Of tho message
which we now present in full -
MESsAGK FROM TIM GOVERNOR.
To tbt Senate and ASsembsy -:
FELLOW CITIzENs-It becomes my duty 10 invite
your attention to the unforeseen obstacles that bavu
boon intorposed to prevent the completion Of The
finished canals of this State.
Al the commencement OF tho present session, il
was confidently believed that no more difficulties
| would DO encountered in prosecuting tho several
improvements provided for by tho last Legislature.
The Canal law Ind received the general sanction
OF tho people. Both parties stood pledged to sus.
tam ~ and on all hands it WAS regarded settled
| question.
In the election OF nav Canal Boasyi every mem
Der chosen, unless known original supporter Of
the measure, had received tue popular suffrage upon
public plcdgo, supposed to be binding, in honor
and morality to support the law, aud co-operpts ia
! it's execution.
Some important stops had boea t,ksa towards
carrying out the provisions Of the act Canal reva-
nue. certificates, to the amount of 81 500 900 werr
issued before the commencement of tho present yoar
| and loan Of $500, 900 obtained under tho aos
| proyiainu Tho NJ the ~ ,,u.I
Int in 1pceen,bar contracts wore awarded aud H.,
| tered into Inv the Can,I Commis .nnors ~, s,o,.
Engineer and Surveyor md tho Division t,nonoer,
| for the entire work Of completing the Black River
| and Gcncssce Valley Canals und tho enlargement Of
! the Erie and O.wern Canals AZ m negrogntn eo.l
falling below the official cs rnate, OF he esynaerS
IN view OF all these aBtcCcdents, regarded Tho
| policy % Tho state as fixed ond established and
| ooemed II CRUISE for profound coagrIuaton, IN
my annual message 10 The Legislature, that ourca-
nn INN oyemcnts had ceased 10 DO 4 subject # ~.
Utica! controversy
In the pp4cnt no,lur. - affairs IL Mi i..,o i,
revive former tlsc,. ions nor cnn il b. Doomed ~,
ccssary fo enlarge upon TO considerations which
goyaiea lhp uct;on az liza ,,si ,.gi sl.t,,. II
cannot BE- missed bowcyer thDf IN ras,u ,h;cI,
inaucneed go,,t ore,.r...ors remain ~ r,l errn
strengthened ~ nuo her wears ex,,,renee orl ~
The ad,iit onnl weight which result ,trom mn .xi.tn,
law, sanctioned by emphatic expression, Of popular
approval!
The necessity FOR mora capacious channel l., no.
conmoda,a ana seoure the Wtst,r, tr,l,, ia. ln,,
been 1clf aud Acknowledged
Seventeen wears have passed away since th, le.
Gisiatre decided 10 enter unon tb eul,rnennut Of
the Erie cnnai
After various allerai ions 81 policy the co,on,nion
fthe undertaking gns provided tor by tlo nav c,
stitution Nv setting apart tho surplus canal rave
du ha - ~ M, 80 ~ t !; -
hccs, :, lyha,hor ths
,natinn az lhc .o,, sLnuId Ia deferred f,r lus ~
~; - - 49,, o,;,'I = 49,, -; ~ =
al. =. - ,s,;" ~ KAY ~. 49,
itsacsnm.I;.l,nsn, ~ . = ~
Il y,,s arn,nn.t,,,trd tl,nt , .ystsm ., small -,
nual .x,crdil,,rcs uyul,rti ~ ,,,nn1..s,- a,a -
;u,;nna 5el.v. cnnsia.r,,,po ;,or.,. H. ~ at,,
cos NJ IN. ,ni hon, ioss M ;,on,s. e ~ ~
mon.y already o,nnpacJ i,n.,nuc,, VI liz nr;no;,l
ad,at,t.n.s IA tio t,n,,r,,,nn,t .,ri ~, H. r,iti
n,la AZ o,,,i h,t,,,j - .,,i,, - i Xxx.
d,,;, IA tad ,roe, ~ Ia a,,..n,an ''' ~,
;n,l;t1,x ~ rbs,,n snai.icntlv.,ho c,2t ~ tns
| paration would force 4 large amount os Western
business into other channels 10 Tie prejudice ii MI
our financial and commercia, Interests
Op tho o,hor hand Il v,s no,ce;,al ,hat thoa.
OWLS would be ohyiated and the desired .vanto 90,
aitninrd by Il moro vigorous PROSECUTION of tAe m.
d6,takine
| While the Importance and cxpcdency Of cypeli-
| ting the enlargement wero generally conceded the
same naiiimi Of sentiment did not x st in reard
to The mode To be adopted ior securing The object
Differences of o,nion were manifested IL relation
TO The power Of the Staro to obtain the necessary
funds by an issue Of revenue certificates ni ended
to opclatc as Il transfer Of the future surpus re-
venues, without recourse 10 the State, il case of
their nsuaici,ncy j, was shown 10 the satisiuc-
ton Of minority OF minds thai his mode Of r,ro-
oeeding was in harmony With tho provisions and
purposes oi The constitution
The competency Of the Legislature to anticipate
The surplus 'us,,""ee IL. the manncr proposed was
sustained ny the opinions OF most eminent
juists including the laic Chief Justice our highest
judicial triLu,ial After the fullest discussion aud
examination, the exercise Of this power dclibc-
raoly resolved upon by the Legislatures and con-
iimed by tho people. The question having been
thus determined 10y the passage OF the law and the
subsequent proceedings in connection with it, il
seemed reasonable to presume that further efforts
would be made 10 defeat ~ retard its execution
But this impression has proved to be erroneous
After the award OF the contracts a serious question
was presented in respect to the authority Of The let
ting board to make final aud valid cont without
first submitting them to the Canal Board tor APP
ploral.
Ii is not within my province 10 pronounce nm
opinion upon The extent of the powers Vested in fine
Subordinate board by the resolution under which they
acted II it was necessary to the validity of the
contracts that thev should be reviewed and ncted
mon by the Canal Board. prompt discharge or thot
dnty ,nud have nro.ect,J Ia Slnte mi i i;,n
nom unnecessary embarrassment Jfniort,,n,taly
M r,c,;cal measures have heen toLcn H. H. 80
sent Canal i,oard towards renoyin, hc j;,Tcul,;c,
referred 10: and naIalyzed Nv IoLts concernno ihc
rrccise extent III lis autboy;tv IN soma na;n1s Il
seems 10 have summed tho exercise az overv nower