The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-03-12


ment Of any citizen, it is . most alarming
and dangerous power, and its exercise de-
mands caution and forbearance. The whole
genius OF our institutions is opposed to centrali
cation of power; and yet the right of either
house Of Congress to order to Jail without Legal
process any citizen, to suspend the operations
Of habeas corpus, and to act whenever it sees
ct as q judicial a. well as legislative body is
an assumption, II successful, over which the
people are powerless, and makes Congress om-
nipotent. We do not believe any such powers
exist In Congress. The constitution does not
confer them, and the precedents Of the British
Parliament are no more authority for their
exercise than the edicts Of the Emperor of
China would be. We do not desire to see the
authority of Congress resisted or brought into
contempt; but no surer means could be adopt.
ed to bring about both these results than the
attempt to usurp powers which do not belong
to 1t, and claiming prerogatives which have no
warrant in fact, and are directly opposed to the
Liberties Of the people and the principles Of .
republican government.
The Finances Of the state In . had Way
Special Report Of the OemptrsaleF.
On another page We publish an importantre-
port Of the Comptroller in reply TO an inquiry
ofthe Legislature a. to what will be tie amount
of tax required for the next year, and whether
the condition Of the finances will warrant any
appropriations for new works. The inquiry
appears to have been suggested by . re-.
cent message of the Governor, again
calling the attention of the Legislature
to the imperative necessity Of increasing the
revenue to be derived from the public works,
and returning to the financial policy prescribed
in the constitution. In consequence Of departing
from that policy the great Empire State is at
this moment in condition of shameless bank
ruptcy, while millions have been squandered
in fragrant and corrupt jobs
The answer of the Comptroller is, that nearly
five millions and half of dollars must be
raised by tax this year, to pay the interest on
our debt and the expenses of government,
and that not q cent can be expended
on new works, and he fully agrees with the
Governor that the railroads ought to be taxed
and the canals protected, 50 as to pay the reve.
nue. contemplated by the constitution. It APP
pears from the proceedings Of the Convention
which drew up the constitution, that the Sec
tions of that instrument appropriating the canal
revenues to pay the interest of the debt con-
tracted BY their construction, and also to pay
portion of the principal every year into the
Sinking fund" which has now become myth,
were based npon certain calculations of revenue
derived from the actual receipts Of the canals and
the tonnage paid and to be paid by railroads.
The Legislature, in accordance with these
views, imposed uniform tax ON the railroads,
which worked well, and brought in handsome
revenue; but in an evil hour, through the In
Buence Of the railroad interest, that policy was
departed from in 1851, and the financial affairs
of the State are now placed in the most embar-
raised position. While the tells from the canals
decreased from $3,70OO00 in 1851 to 81 $780,
600 in 1859, the receipts Of the Central Rail-
road from freight increased from 81, 100000 in
1853 to So, 800; 900 in 1869.
1t is very clear, therefore, that what the
canals have lost the railroads have gained; and
the question now is, whether these private cor
porations are TO be enriched at the'expense of
the people. In the words of tire Comptroller,
the issue is simply this: "Shall the trade and
tonnage passing through the State on our public
works be tolledsuficiently TO pay our GENIAL debt
and interest, according to the original design,
or she'll that debt and interest be paid by taxa
ton on the whole peoples' A bill is now be.
fore the Legislature to tax the railroads in such
q way as to restore the revenues of the canals.
1t has passed one house; bat whether the rail-
road interest is not sufficiently powerful to de-
feat it in the other remains to be seen.