New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-05-26


The only objection worthy Of notice which has been urged
sxsnn il cut Of the order Of the words enopns the
ms "And the rsmanaer Of the Of the
said Car as sba in each scs year. be epphed m such man
the esafure shall direct 70 The eoTpstaoe Of tns
Ere Caus Enhancement and the Geresee alley and Black
River Canas until said Canals shall be completed Tue
Argument Of OF those who urge the ooect a that
yea and de,eyiucd that the for expendine each
naipder il the same fiscal year in which scernes OF
earned BY the Canals In operation The sac OF ms View
II seems 10 me l. perfectly apparent II consists IN IT. utter
imp actirabty There can be an asceranea remain,
der until aer the close OF the hc ysas ~ ~, ,sS @
ton OF the seventh article large sums are 70 e ist deauc,sa
and taken out of the net earnings OF inc ana
other objccs and what may be m u TO constitute te re-
The sections rered to evidently contemplate ihisproces
once AZ least in each year and be done until scr
the wear has expired because the last four OF the year may
incrs diminish the amount ard then further time Is
rfored collect together the accounts and vouccs OF re-
csits and expenses from which TO determine the nes pro-
ceeds OF the whole the canal revenues for the year. before
making the deductions required un then there 10 sct
no euander in existence upon which the Constitution can
act And il is rtmdndeTs which The Constitution dircts 20
besppied remainder dehned % &C AWNING rsortS
le after subtraction or deduction obviously tae.eso',
there can exist no fenahoe. u.'. se, 's sa
ALREADY shtwn, until after the eSpraton OF tne
fsca year which produess Another o. nave
conended that the expenditure Of each remainder or annual
surpus take place IN the year IN which Il IS ascertain
which must ofcouTse be the next succeeding the one
can conceive no way in which this be DONE unless
the Canal Commissioners shall let ont portion OF the work
for sum which shall correspond exactly with the amount
ofthe remspdernot dollar OF II 20 TO the next years
work and not dollar OF years Gao be antici
pated The work contracted for must be completed the
sane year or be paid for advance IL in consequence Of
any accident unforeseen event. the work unfinished
az tn. end OF the year the contractor must forever 90
unpaid: and this rule must be Observed every year NATL
the ais nishedad all this notwithstanding any IN
or sacrifice Of the public interests the njus
tice to Individuals which may result. Can oae IN hs
deliberately entertain the belief that the
requires ADMITS OF construction involving such folly
These difficulties bare been attempted to be mot and
av.d IL has beer said that the Canal Commissioners may
ea.e into contracts for tie work founded upon est mated
balance remainder in advance OF the time when II shall
ho ssef,, an II If proves insufficient TO nv the
r.c i made in the tenth section OF the third ar
tce OF the G. institution, 6v which the deficiency may DO
supplied That section authorizes the State 10 contract
not 10 exceed million Of dollars az any one time, IN order
10 casual deficits OF revenues or Tor expenses Rot
vidd for Ofcoue this Argument only be used by those
who contend that the SURPRISES must be paid out the same
year in which they accrued, and before the remainder
sscensipcd
State TO borrow money to povoe Ior asnee9cy " .no
estimated surplus how does II answer the case OF an aeS
pended balance Suppose the contracts made the fret OF
October assrmpg the fiscal year to commence on that day
founded upon estimate Of what the remainder will amount
TO the end Of the year and the event shows the remainder
$4,000 more than the ssnse, what 'ha be- done with
the excess II cannot into the next years OPERATORS,
that would only be delaying the work. contrary
spirit OF the Constitution but would produce sccuuu-
laop which quite objectionable even In the mind OF
the Director anticipation. IL St0Ooo or yoo0oo or
any portion of years remainder may be added 10
that of the succeeding year there nothing in the Constu-
ton to prevent boarding the entire reanders for
twenty years before commencing the work OF completing
But the conclusive reply Is that there Is authority in
the Constitution for entering into contracts founded
which 20 rot exist and which, ha, been shown
cannot exist until the expiration oil the year IN which they
and them there would be 20 necessity for IL because
the amount woud be ascerained The tenth section re-
ferred 10, is therefore Totally napplcable.
has also been said that contracts may be entered into
which may in their execution reach beyond the year In
which they ade and involve the expenditure Of larger
than the sscertansd remainder IN the Treasury aud
pdgug subsequent emsinders for payment But that would
be anti, alton IN every sense OF the TENN
Ii must be nearly inevitable il to me- that there
would be balances hand TO greater OF less amount or
that there would Re deficiency the close of each year.
IL possible tha that the whole ascertaned remainder OF
woud either with without the fault OF those charged
with the administration Of the fund be In the ressu, to,
years What would in that be done with tho money
II applying necessarily mears expenong or dsbufs,ns and
the Constitution requires that to be done each year. do not
but such unexpended remainder or balance by sort OF
use woud escape from its destined object and gu into
the general fund to be appropriated to any otherpdpoe The
Legislature might direct
The Ian contained in the Of anticipating the remain
ders obysies every difficulty which has been suggested by
the Canals by becomns In virtue both Of the Constitution
and of the act attached 10 the fund created for the same OBJ
The Constitution thus seemed and the manner OF the ap
picston which left in terms TO the
psn was thought of by the trainers the Constitution
proves nothing sgsDst II certainly not forbidden aud
the Legislature IVES at liberty to adopt t
The Constitution indicates no plan or manner OF applying
the supue but leaves entirely TO the discretion OF the
Legislature II directs the time when they shall Do sppned
and that is all That direction has been shown has been
complied with.
The objection in order is that the act assumes to
authorize the application OF the remaDders exc uNey 70
the payment the certificates and tho interests taereon,
for period Of time after the completion OF Canals and
uu the millions Of dollars and interest are fully paid
it viii ctive deprive the Legislature OF me oower CON
ed BY The third section OF the seventh article OF the Con-
uton supply, the extent OF So72 800 year any de-
cheney IN the applicable to the necessary expenses
ofhe Government from the surplus revenues OF the Csns
which, under the CoDution, they may do, a. soon as
gerera fund debt shall be paid or the Canals are COM
pleied.
To my mind there several sufficient answers to this
objection:
by the first section of the act nothing to be applied
TO the work of completing the canals except what the Com
stituion reefs then, surely the difficulty which the OBJ
lection anticipates is imaginary. All the means conteni-
plat, for creating snd containing the fund, out OF which
are those specified the n section. That section Is
echo Of The Constitution, and must OF c0use be limited In
its effect by just and sound Interpretation OF the Consu-
The third section of the seventh article of that nstru
men permits The egsature in certain contingency, AZ
ter certain PERIOD IN lis discretion 70 divert Tor tms
portion Of the previously and In the same secten
set AZ ant ri the canals 70 ns % % .,
derayipg the necessary expenses of the Government and
that The General Fund Debt shall be paid, the
canals shall be completed then the of $4,000 or so
uc thereof shall DO necessary may be annually sppro-
prated defrsy the expenses OF the Government TO
be remarked that all these provisions IN reson 10 the fu
ture action of the Legislature, entirely permssye.
There direction orrequirement-ail et to It's discre-
ton. When the time arrives that the Legislature shall be at
liberty exercise the discretion conferred, II Is 10 be
med that they will dscreey and justly in view of the
condon of The State and its finances and with proper
regard the Just claims Of individuals and that il they
shall then chooss exercise the power in question: IN thus
overng the revenues Notwithstanding the provisions of
fh, act they viii have the power TO do That isone OF
the Tsks which Is necessarily incurred BY the holders OF the
certificates and by all persons advancing money! render
ing services upon the creat OF the fund provided for Such
risk is what every person who deals with the State Is
obliged From the Of the there
be ony other guaranty the part the state than its
good faith.
While il cannot be maintained general proposition,
that Legislature absolutely bnd their SUCCESSORS
equally that they may give pledges and In
reafIon 10 the future OF those wis ay after
ihsm power The pledge, for good may not be
fulfilled il may be repudsred ard the State disgaced
but this be presumed any than If the State
shoud borrow money on the faith Of law Directing tax for
ito repayment that subsequent Legislature would repeal
the law refuse neglect levy the And the
der consideration contains pledge that future LegsIa