The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-01
The Canal Question before tho Court Of
Appeals.

The very important question OF the constr
nationality of the recent canal legislation for the
enlargement of that great work, now before the
Court Of Appeals, is beginning to create great
deal Of sensitiyeness, and some futterns, in that
portion Of the public press Of the city which is
generally connected with all sorts of stock-jobbng
schemes Of n dirty character and mean origin.
Fears are entertained by the corrupt and impure
coteres in Wall street. that the Court Of Appeals
will decide that important question strictly accord
Ng to the letter and spirit Of the constitution and
without any regard TO the corrupting interests by
which that measure was carried through the Legis-
lture into the impure swamp Of the canal lettings
and canal contracts. The Court Of Appeals is at
one time appealed to, in the most humilating man.
Der, to lcgalize these canal proceedings; and anon
at another time, the stock obbing journals in ques
tion threaten il with the dire calamites Of unpopu
larity and extinction.
In this terrible struggle among the stock-jobbing
interests Of the whole State trust that the Court
of Appeals WIN rise above the passions and preju-
diees Of the day-soar yond the dirty swamps Of
corruption and infamy which hare characterized too
lnush Of the past legislation in Albany-and give
such decision on this question will elevate the
constitution above the tricks Of epeeulators and
Sobbers, and cause the fundamental law Of the
State TO be hereafter considered the guide of
every future Legislature. There can be no
doubt, We think, on looking at this qucs-
6on with elearness and partiality, that all the
difficulties and doubts on the question now be-
fore the Court Of Appeals might have been easily
avoided had the parties in the Legislature adopted
he simple requirements ofthe constitution, instead
Oh endeavorng to dodge that constitution and con-
tract debt by pecial pleading and special reason
ing. The law FOR the enlargement of the canal,
authorizing the issue Of certificates was species of
public debt, and such law ought at once to have
been submitted TO the people, according to the re-
suirements Of the consultation and thi. had been
done, the whole difficulty might have been avoided,
which has now been brought about, and from which
shcrc seems TO be certain escape. But the in
Eigue and corruption Of special interests and filthy
partisans have produced dilemma, IN which the
state, the Legislature, and the Court Of Appeals
nave got entangled We believe the contracts, en-
sraeing an amount Of nearly niaemWions ofdoUars,
wers rareeled out in anticipation Of the ntroduc-
Ssh OF the law IL tie Legislature or even previous
10 ats first recommendation BY the Governor Of the
State.
The Court Of Appeals is placed in q irwin, and
singular position All the accumulated in,e,os,s AID
Ssnsption springing from q Disbursement az n;ne
millions OF dollars are concentrated 10 force on thoi
kigh court q compliance with their hopes and be;r
wishes regardless Of the constitution, and regardless
Of Che purity Of tic ermine. al the jo5bnr and |
ssrpting interests Of tho press, ard the politicians
Belonging 10 both parties, united in this onset
an ths Independence, tLs g,Uiy .i The intelligence
" Tie seuTt Of last IsfcIi. We ;Ist Pat tie court