New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-03-03
FROM ALBANY.

From Our Own Correspondents
ALBANY, Wednesday, March =, 1850.
TIE Canal fnauciers, whom i mentioned some
time ago a. particularly DESTROYS Of continuing the
present system Of paying for work on the canals
by the further issue of drafts against treasury
that has no money in it, have BY no means relin-
pushed their darliDgproject. 1t seems that the
Assembly Committee on Canals is composed Of a
psjorty devoted to this peculiar system OF insnce.
This Committee has had under consideration, for
several days, or weeks d bill introduced by Mr..
Shepard, Of st. Lawrence, 10 prevent tue further
issue Of these unconstitutional drafts.
This bal makes it the duty of the Auditor of the
Canal Department to notify the Canal Comni--
soneT, whenever there shall be 10 funds IN the
Treasury appropriated by law to the completion of
the enlargement os the Canals. After which, and
untn there shall BE- money in the Treasury duly
appropriated the issuing of drafts upon the Auditor
by the Canal Commissioners ia declared INSIDE
meaDor, punishable by fine of $3.50, aud iOprlsOn'
ment in the county Jail not exceeding six mouths.
IL is understood that the result of the Co nmit-
tees deliberations will be that they will very soon
report against the passage of the bll or in other
words, report in favor Of continuing 10 roll mp and
well the amount Of the unconstitutional debtal-
ready created BY this disreputabie system OF state
bite flying. The main points urged in favor OF
continuing the present y stem, as far Is i have
heard are that II is not the business OF the Legls-
lature 10 interfere with Canal COmmissioners-th
each department Of the Government should act in
its appropriate sphere and not interfere with any
other department-that in case the Commissioners
are debarred from issuing further drafts the con-
tractors will stop their work aud involve the State
in unknown millions for damages, and that to 20
on would result IN "a great pecunlary saving to tho
State Treasury beside furnishing at an earlier day
greatly increased facilities 10 the commerce Of the
State.
1t ought 10 be sufficient answer TO these gen
tlcmen that the creation of State debt by the
issuing Of these drafts, IL clear pilpabe violation
of our State Constitution.
IL is hardly worth while 70 waste time in show
irg that the State cannot consttutiOnally create
any further debt without submitting the qucstlO
10 direct vote Of the people. Nobody pretends
that We could cOnsttutionally 90 into the market
and borrow money, issuing the States promises to
pay in the usual form of certificates OF stock and
il j. a sound maxim in morals, and, believe also
in law, that you cannot do By Induction what Is
wrong when done directly. Practically the Cansl-
draft gentlemen say, tho Legislature c,nnOt create
n State debt, but the Canal Commissioners can.
The idea that il s no part Of the business OF
the Legislature to know that other departments
OF the Government are properly performing their
functions, that they should shut their eyes 50 ~
not 20 see that the Canal Commissioners are yiJlat
-
for those who wish 10 see the wrong perpetuated;
but am mistaken # their constituents would not
consider Il the duty of the Legislature to renon-
strste, even if they could not directly interfere ~
they clearly can aud ought ia this ease.
TIE dread Of such frghtiIl Canal damages as
are prophesed as the result OF the passage Oi the
act desired IL, no doubt, more apparent than real
The Canal contracts contain clause expressly
providing against damages for prospective profits
c- .r. u hoy an
pended BY the Canal Commissioners. That this
may be clearly understood, val quote the c!luse,
which runs follows:
AID f. fiihes H-t1aiy uners,od AL tsn'ed IA. N
5, - ~ :, -. sot soos ,as 5e rais - a..
owed BIT re party tss h; pat 'ha haze tae nIi 20
eoPie The ~es ~hsa us PsrJ Of ne second part 'a order
70 = b e -aE-rc"
This clau.e clearly implies that the Stste may
"st any time" and for any cause suspend tho
progress OF any contract on the public works, and
that the contractor shall make no claim Tor dam
sges On the ground If profits which be would have
made bad biz work not been suspended. Canal
contractors are generally men y no have sufficient
brains 70 understand the force OF the agreements
they enter il TO- and IN the ia OF such provision
as this, 10 suppose that Legislaturs would grant
prospective damages is 10 say. n effect that such
Legislature j. either corrupt or .mbeclle.
believe Il is the presen, intention OF the sand
ing Committee on Canals ~ report against Sir
Sh-psrd's bill, snd that Sir. Brockway, on beas!
II a minority of that Committee, Will report IN
favor Of il. VIA. action the Senate will take IN
the premises remains 10 be seen. But II may be
Vel enough TO state, what Is AL undDloted fact
that unless effective measures ere taken ~ the
Legislature % put stop ~ the progress Of this
state debt, neither the fye-eights mill Canal tax,
which has sready passed the Assembly, nor tie
Canal Appropriation bill, which Is now before that
body, can pa $ the senate 81 this session.
II, indeed the Canal Commissioners are permit
ted 10 20 on drawing drafts against an empty
Treasury, AID the contractors are willing 10 LaAe
such paper in payment for their Labor and m.te,
rial, L would be difficult 10 perceive any sood and
sufficient reason for leyying any tax for canal Pur'
Ioses, except, perhaps, the merest trne 70 PY
!utere,t on bt debt. aud perhaps the erel.tqrs u