New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-06-07

pretended that much OF the western oufiness "ouh "
diverted into rival chanpes There were otner consi1
e,s,ions In favor of a more vigorous progress.
| believed that the increase Of revenue coasequen,
upon the would expedite instead oil retard
i d. Of the State debi and hasten the
,s,J ,Le he income of the canals will relieve the
neouls from taxation for the support oil government
Nv exDerience Ia the Canal Board had convinced ma
that besides the loss Of interest the cost Of improvement
would he largely increased by system OF small annual
dituTe extending period OF ten or fifteen
wears and that great saving OF expense would De
Gained hy moving forward effectively, In the manner
that other similar works are executed IN In age Oh
progress Much of the work on the enlargement Is
sf such a character that two or three winters are
required Cor its completion. The contracts must
be made. therefore, considerably Ia advance oil
their execution, and you viii readily perceive now oi
cult |, Is for the Canal Board to determine Pri0 what
amount of contracts may safely be entered into in anti
cipaiiou o. future remainders OF revenue 10 new oil
these and other considerations which Is naroy neces
sary to re crate did not hesitate to submit 10 the Leg
Isatr. of la5 en- earnest expression In favor OF such
action rs should be deemed most udcious and eectual
70 advance tie complexion OF the unhnshed Canals MY
desire that the object should be accomplished oy
the most legitimate and unobectonable mode consistent
with the financial restrictions which the Constitution lad
imposed 1t became necessary In the hrst place 70 In
ouire TO determine whether the constitutional provisions
in respect 10 the canal and the creation OF debt
had left sufficient power in the Legislature to raise the
necessary means for speedy prosecution OF the work.
On this psnt my views were fully and frankly expressed
The only authority 20 contract debt Tor the purpose
letb section of the financial article which requires that
the law authorizing such debt shall be submitted 10
the people at a general election, and that such law
shall impose and PROVE Tor the coiecuch Of o.ec.
such debt as Il falls due and also TO pay and discharge
the principal Of such debt within eighteen years from
the time Of the contracting thereof
NV own OPTION entirely adverse 70 tue creation
of debt in that mode and upon such conditions re-
garded il unjust and unnecessary to tax the people
Tor improving canal which brings into the treasury
more than three millions Of dollars year IN the us
cussion Of this psn submitted the folio wing vie 70
SNo sufficient reason founded in equity expectancy can
be assigned the imposition of direct TAX upon o ose
AZ m nav interest on any portion Of the cost OF the
argemept when the canal revenues are July aaequas
that object While all sections Of the State are interested
in the early Communication OF the work aud will derive large
benefits from the increased revenues Wnch wiz
direct tax would operate unequay and unusty and would
be acceptable counties remote from the inc OF Ine
improvement"
Another plan had been recently proposed for expe
dnr the enlargement by anticipating the surplus reye
uue which the Constitution had devoted 70 that purpose
This mode of proceeding was presented and candidy
discussed In my annual message Of le3l.
Ientersined no doubt of the constitutional power Oh
the eojsature 10 authorize the issue of certificates
transferring the future remanders for the purpose OF
obtaining the necessary advances 10 complete tne "a
male provided such transfer was &C companed Dy an
press condition exonerstng the state IRON any oohBf
lion or liability TO return the money from other sources
in case the should prove deficient Aspecla
agreement of that kind did not appear 20 ms 10 CONNECT
the slightest degree, with the PROVISIONS " INC NOn
sttution restricting the creation Of debt The dstnc-
hon between transfer Of the future Incomes without
recoue TO any other fund.- and direct loan OF money
upon pledge Of revenue sc collateral security leaving
an obligation upon the State In the event OF dencency
was Adverted TO- and it appeared to that this dstnc
ton was TOO obvions and too well sustained oy Ianar
legal principles ~ admit OF controversy But Wheher
tie money could be obtained upon NAKED ceruncape
of transfer operating only upon the constitutional re-
mainders of revenue without positive o0gatlon 10
refund thead vances in nyeyept seemed 10 DC more
doubtful question ! entertained serious mlsgvings on
that point My appiehensiOns In regard 10 us hhncla
practicabiiy were SUCH that not prepared TO as
sumo the responsibility ofrecommendlngt the measure
deemed II Of the utmost importance 10 any new ehort
which might be made 10 accelerate the compleuon vi
the work that the plan adopted should be so ieasioe
and unduetonable as TO make absolutely GER
tbiD.
After much reflection my conclusions were in favor
OF an amendment the Constitution, "conterrng upon
the Legislature the necessary authority to create loan
of seven eight millions Of dollars on ple1ge Oh the
surplus revenues, for the early completion OF the en-
largemen" and this alternative was explicitly recon-
mended 10 the people and their representatives II that
recommendation had been adopted, the necessary
amendment might have been perfected before this tne
But the old opponents Of the enlargement resisted tue
proposition with vehement denunciaons. Many oi the
friends of the work. the other hand objected 10 the
loss of time required for carrying the amendment into
effect They presented array OF conclusive facts and
arguments in favor of a more speedy movement, and
successfully demonstrated the advantages oil resoiungto
an anticipation surplus by sale OF revenue certn
Gates Amaority Of the Legislature became satisfied not
only that this mode was in harmony with the Consuu
ion Inn, that the money could be obtained under 1t on
favorable yielded my assent 70 II aiter oelhs
convinced that the confidence Of capitalists In the future
that they would make the necessary advances upon
transfer OF the future remainders, without requiring
any o.her guarantee for the reimbursement OF the
money You are familiar with the contest which re-
suited in the passage of the Canal Law of 1881 1t not
nv purpose on this OCCASION TO review the history OF
proceeding recently enacted But should ieel thst
had failed 10 fulfil one of the highest obligations OF
honor end duty If omitted TO bear testmsny 70 the
elevated and patriotic views which actuated the Le9s
laluTe of 1851 in the adoption Of the measure Ihey
passed the law from an honest conviction that II was
de nanded by the best interests Of the State Tney be.
eyed it be in accordance with the oath they had
taken to supportthe Constitution.
The law provided for the completion OF improve
mens which the Constitution expressly requires 10 DC
con pleted II secured their completion from the very
means which the Constitution had set apart and appro
prattd that object Assuming that the contract must
be governed by its own terms and conditions, tue
ature old not conceive that the transfer oil particular
fund TO accrue without recourse TO any other, could
create an obligation binding spon other funds and re-
Sources In hne they believed that the law gave erect
TO the Constitution In the most udicious and benehcla
manner. Such were my own convictions, in giving my
approval 10 the bill This view OF the question was sus
ibiIed by the opinions of the abest Jahs IN tne ahd
including such men as Greene {. Bronson, Danei wen
ster, John c. Spencer Daniel Lord, Samuel stevens
Jabez D. Hammond, Nathan Dayton, George w. I'm
ten, and many other lawyers, Of the most en,heul
reputation. The tame opinions were ayo~ed ny
many Of the soundest legal minds, who had snare
In framing the Constitution OF 1876. Among the dele
gates who concurred 10 the constituoDaty OF the las"
II is enough to mention Ambrose l.. Jordan Moses Tag
gsrt HoIstio j. Stow, Hiram Gardner, Richard T. Mar
vim, Aluh Woreen, Charles p. Kirkland, Ira Harris,
William B. Virgin, George A. 5. Croker John n Por'
ter rtceIick r. Backus George w Paterson, ana jas
NJ. Cook. But il appears they all mistaken, and
did not rightly comprehend the meaning Ct the law or
OF The consiituonal provisions which it was intended TO
iulhl majority OF the Court Of Appeals have ad.
judged that the law Is repugnaut to the Constitution aud
void That decision is final While my original conyc.
lions remain entirely unchanged bow with profound
the judicial department has been ntrusted the deter
ninaton Of conToyerted questions, and although we
csDnot renounCe deliberate opinions or surrender
the right to express them becomes the duty Of all cit
zens and all other departments Of government to yield
TO the authority Of the tribunals in the true spirit OF the
Consuuiion
In presenting ibis retrospective view Of Canal pol