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

directly benefited by the facilities OF Canal naYssuon
n should be remembered that these revenues are d.
rived mainly from the people OF Western New-fork
and the Western States by whom they are paid not a.
compulsory tax, but es equivalent Tor TIE use OF
the canals in the transportation Of their products and
the commodities received in return for their Industry
To them the tolls not 30 much burden, as a mod
crate price the advantage of cheap communic fl)n
with tie seaboafd and in consideration oil me I'm
mense benefits which the Erie CANA has impaired to
the western country this return will be cheeHuly rem
dered long is found necessary TO indemnity the
state for the cost of the improvement While we pos
seas such an abundant resource in the Canals taem
selves for the discharge of any debt that may be In
Cured for their completion, il would be wholly incon
ssent with my views OF justice and expectancy 70 rec
ommend the imposition of an additional tax upon the
people. e-,..,u
state OF things be found 10 amendment TO the
Constitution, authorizing the necessary loans upon
pIedee of the Canal would restore TO the
peope the full power regulate and manage this i'm.
porsnt par of their concerns according to their own
intelligent )nyictoDs Let us unieer their energies
and allow them the free OF their political faculties,
AT least until the Canals finished. They can be
trusted with the rights of selfgovernment In regard to
hi. IS well other subjects Of less practical nature
An amendment 10 the Constitution is, in my judgment
The only alternative Its necessity becomes the more
imperative since the Court has given construction TO
the Constitutional provision in relation 70 the sp plea
ton Of the surplus Canal revenues requiring that sucn
surplus must be actually expended within the nscal
wear In which accrues The difficulty, if not the a5-
solute impTscicabiy, OF giving effect TO sucn con-
stuctoD, must be obvious to every man oil ordinary uu
derstsnding. The actual amount OF the surplus sccru
ing In any one fiscal year cannot be ascertned unti
come time after the expiration OF the year. as several
weeks must be consumed in making up the accounts oil
receipts and expenditures before the balance can De
struck Il should be recollecied, moreover that large
proportion of the work Is to be done in the winter
month"; and the Of work to be performed in any
winter If not paid for from the surplus OF the previous
fiscal year. must be measured by hypothetical est
mates of the revenue for the ensuing OF naviga-
ton In consequence Of the Interpretation which has
been give TO this provision, 1t becomes indispensable
to modify il so that it will be possible to execute the
Constitution in manner that shall not Involve
| violation of the instrument
cannot believe that any large portion of the people
of any party section, will hesitate to concur In an
amendment authorizing sufficient loan to finish the en-
largement The creation of debt for this purpose
ought not excite apprehension that the state Will
thereby be induced to engage In extravagant Liabilities
for other objects No new Canals proposed in any
quarter Nothing remains for the State but to finish the
! Canal improvements which have been commenced and
Of which the completion has been enoned by the Con
situon in less than eighteen years the present state
debt will be eXinguished by the az nua Contributors
from the Canal revenues to the Sinking Funds There
ia doubt that the surplus Will be suhcent
TO discharge earlier period new loan OF seven or
eight millions for completing the Enlargement; and IN
the most unfsvorabe event, the revenues would DIS
charge such new loan within three or four years after
the extinction Of the existing debt To insure the pay
OF interest and protect the people from direct tax
alton, the law should require the tolls TO be regulated
with tuch reference to the trade aud tonnage OF pre-
vious years will insure the requisite amount OF reye.
nue. for all the obligations chargeable upon the Canal
Fund.
The Constitution has prescribed two nodes for max
ing amendments OF the instrument The first section
Of the thirteenth article provides that such amendment
or amendments tha be passed by two successive Lagi
latures the second OF which must be the Legislature 70
be chosen at the next gensra election OF Senator's AMI
then such amendment must be submitted to the people
at such time and in such manner as the Legislature
shall prescribe.
IL evident that an amendment cannot be expedited
under this provision by session of the Legsa
ture be sanctioned by the Legislature of 1854,
before its submission to the people After much retec
ton have concluded that the necessary amendment
should be passed the next regular session. and ut an
early day In the session of 1854 Ii should be submitted
to the people for approval earyas February 1851,
| and in March the Legislature will be enabled TO pass
! law eating the necessary loan.
By adopting this all the aiming work on the
unfinished canals may be put under contract within 20
months and completed in less than four years from this
| time.
Even this delay seriously injurious to the public IN
terests but deeply it may be depored seems TO be
| unavoidable -
The second section of the 18th article provides diff
ferent mode for the revision and amendment OF the Con-
stutioD prefcrbes that the general election to be
held in ls66 and in each twentieth year thereafter, and
slse such times the Legislature may by law pro-
vide the question "shsll there be Convention to
revise the Constitution and amend the same shall be
decided by the electors qualified vote for members of
the Leigh ature; and 10 majority OF the electors
qualified voting at such election, shall decide in favor
OF Convention tor such purpose, the Legislature, at
lie next session. sha provide by law Tor the election oil
| delegates 10 such Convention
Several of my fellow citizenI for whose opinions en-
terrain the highest respect have urged me TO convene
session for the purpose OF calling such COnYen
| ton TO revise and amend the Constitution.
After weighing the considerations advanced In favor
of this cour.c have concluded that the advantages
which presents not sufficient TO justify me In SUD
jecdng the people the burden OF special session,
and the series of extra elections which the measure IN
| wolves.
According to my view of the design and effect Of the
provision above quoted it would be necessary In the
outset to submit the question Of holding Convention
the people and if their decision should be IN the ahr
native the election of Delegates, the deliberations of
the Convention, the publication OF the amendments and
the popular vote upon their adoption, would require
another year With all the expense and Inconvenience
ttendsnt upon such proceeding, but Little any time
would be gained by II towards advancing the great OBJ
| ject In view.
An impression has been entertained in some quarters
that extra session is necessary fer the purpose OF
providing for the payment OF the interest on the Canal
Revenue Certificates But apprehend that this opinion
results nom mistaken view of the effect OF the recent
decision The Court has determined that the law and
the contract under which the money was received for
the certificates were Unconstitutional and void IL Toll
lows hep that the money must have been paid into the
Treasury without law, and In legal contemplation II be-
longs the original their representatives
Upon every known principle OF law and equity they are
entitled 10 have II returned with Interest
Independent Of its other provisions, the Canal law
contained appropriation OF the annual remainder Of
the Canal revenues for the completion OF the Canals
and also appropriation Tor two Tor the payment
Of the interest on the Revenue Certificates. The Audi
tor has decided with great propreiy that this sporopd
alton OF the surplus is valid and he making the usual
payments under il cannot doubt that he will adopt
The udcious opinion ia regard 10 this appropna
ton for the payment Of interest The power Of the
Legislature 70 appropriate money for the payment OF an
equitable Obligation or even for dispuabe claim, u
grstuiiy, has never yet been disputed. II the Auditor
should cider his power doubtful and decline 30 draw
warrants for the Interest 1t Is understood that prompt
proceedings will be commenced in the Courts compel
| lie payment
The appropriation in the of 1851 Is believed to be
as valid ard complete any provision that be made
| by another Legislature.
will not presume TO anticipate the decision of the
Judiciary but If IL shall be adudged that tle az.
preparation & void because 1t s contained in the Canal
Law means will be obtained by individual efforts 10
provide for the July interest, relying appeal 70
t. init II h. Iari.l