Enlargement of the Erie Canal. EFFORTS OF THE TWELVE FUGITIVE SENATORS, SUSTAINED BY THE OPINION OF ATTORNEY - GEN'L CHATFIEI.D, AND THE VOICE OF A lOCO FOCO MilTING AT Tfli CAPITOL, ILLUSTRATED BY EXTRACTS FROM LOCO FOCO ORGANS, 't % VI To defeat the Law providing for a Speedy Com- pletion of the Public Works. Without tracing the history of the past, which is replete with evidences of determined hostility to the Erie Canal, emanating from Tammany Hall, and pervading the councils of its party throughout the State, we submit the follow- ing exposition of a bold reckless, revolutionary attempt to defeat the law under, which it is hoped the People of this State may soon rejoice in the completion of the Erie Canal Enlargement. That attempt was resisted and rebuked. But the actors in it and the abettors of it, now profess to have grounded their arms, and ask the electors to give them POWER AGAIN TO SUSPEND THE PUBLIC WORKS. With the remembrance of the action of the Loco Foco Administration of 1842, which not only arrested the enlargement of the Canal, but suspended the Construction of the Black River and Genesee Valley Canals, after fifteen millions of dollars had been expended under their own laws, and upon their own contracts, we are assured that the friends of the Public Works will not allow themselves to be a second time betrayed : 2 OPINION Of the Attorney-General in Reply to a Resolution of the Senate. Attorney-General's Office, ? Albany, April 9, 1851. \ To (he Senate of the State of New- York. I have the honor to acknowledge the receipt of the following resolution, adopted by the Senate on the seventh of April inst. : Resolved, That the Attorney-General be requested to report, within three days, to the Senatet whether, in his opinion, the engrossed bill from the Assembly, to provide for the completion of the Erie Catial Erjlargement and the Genesee Valley and Black River Canals, conflicts with the provisions of the Constitution. The questions submitted for my opinion are exceedingly grave and impor- tant, and deserve the most careful and thorough examination. No man should be willing to hazard an opinion on such a subject, without patient thought and faithful research ; justice to himself, to the subject, and the people demand it ; but, the time limited to my use in the resolution, invaded as it has been by other and unavoidable official duties, has necessarily rendered it impossible for me to give these questions the attentive examination I desired, and they deserved. I have, however, thrown a few suggestions into a form, quite crude, it is true, and submit them to the Senate, in answer to the resolu- tion. ***** The main question is. Is this bill in conflict with any of the provisions of the constitution of this state ? In construing constitutions, "the safest rule of interpretation will be found to be to look to the nature and objects, of the particular powers, duties, rights, restrictions and limitations, with the aids of contemporary history, and to give to the words of each such operation, and force, consistent with their legitimate meaning, as fairly to secure and attain the ends proposed." To ascertain the proper and legitimaie meaning of such an instrument, words must bo understood in their ordinary sense, and senten- ces must be read as they stand ; the framers of the instrument must be sup- posed to have used the language of the country according to its natural import ; and courts and legislatures must read and understand it as it is read and understood by the millions. Applying these rules of construction, it is important for us to know what were the objects in view, and the ends to be attained by the 7th article of the constitution. This must be gathered from the instrument itself; by a correct reading of each independent sentence; by a comparison of its parts, one with another, and by the aids of contemporary history, 'l^he language of the instrument is unequivocal. The first great object of the provisions of that article, as declared by itself, was to secure the speedy and certain payment of the existing debt of the state, and to that end, certain means of the state were placed beyond the reach of delegated power, and sacredly dedicated to that object. The motive which influenced this object, secured the next. It was reasonable to suppose that the payment of one debt, would be no possible advantage to the community, unless the crea- tion of a future debt was prohibited. The next object, therefore, was to remove from the Legislature the power to create a state debt. To that end the constitution declares, (see 12), -'Except the debts specified in the 10th and 11th sections of this article, no debt shall be hereafter contracted, by or on behalf of this state, unless such debt shall be authorised by a law for some 3 single work or object to be distinctly specified therein ; and such law shall impose and provide for the collection of a direct annual tax, to pay, and suffi- cient to pay the interest on such debt, and also to pay and discharge the principal of such debt within eighteen years, from the time of the contracting thereof" This law shall not take effect unless adopted by the people at a general election. The debts authorised in the 11th section, are '-debts con- tracted to repel invasion, suppress insurrection, or defend the state in war," and the 10th section allows the state "to meet casual deficits or faikires in revenue, or for expenses not provided for," — to contract debts, which shall not at any time, singly or in the aggregate, exceed one million of dollars. These provisions show the object to be accomplished, and how effectually that object is secured. * # * # * The principal object of the convention was to incorporate the substance of The People's Resolutions" in the constitution, and thereby impose restrictions on the debt creating power of the Legislature. This was one of the objects of the 7th article, and if that object was not accomplished, the convention was a signal failure. Having been honored with a seat in that body, I think I may speak v/ith some confidence of the views and opinions of the members of it, with regard to the financial policy to be adopted as a part of the fundamental law. When I say, that not a member of that body supposed, that any power was left with the Legislature to contract debt, (beyond the million which was designed as an elastic provision to meet unexpected contingencies), except in the mode prescribed in the constitution itself. I believe the statement will be concurred in by every member who was in his place while the 7th article was uuder discussion. In corroboration of this statement, I appeal to the published proceedings of the convention. There was no compromise of the cardinal principal of compelling a submission to the people of every project for the creation of a debt, beyond $1,000,000. * ^ * ^ * The advocates of this scheme are driven to extremities to maintain that this bill creates no debt. The reasoning on which that notion is based is alike puerile and disreputable, and ought never to be heard in the halls of legisla- tion. It is this: "so where a mortgage is given \vithout any covenant or other engagement to pay, no debt is created, and the only remedy is on the property mortgaged ;" '-so where there is a sale with the option of re-purchasing at an advance price, no debt is created." I would ask the author of the above extract, what does the state of New- York mortgage by this bill ? What does it sell, with the right to re-purchase at an advanced price? Is a certificate given on the loan, deposit or delivery of money to the state, declaring that the person delivering is entitled to receive the amount delivered (if that is the least offensive word), in 21 years, with interest semi-annually until paid, a mortgage ? Does such a certificate entitle the state to re-purchase it, or the surplus revenues of the canals, at an advanced price? No, it is a loan, a naked, bald, palpable loan of money on the credit of the state to which it is loaned, and nothing else. * ^ * ^ * In my opinion, the receipt of the money for which the "certificates" are to be given, and the giving of the certificates, create a state debt. * ^ * The above are the material features and provisions of the bill, and I regard it as directly in conflict with the constitution in its whole scope. 1st. It creates a state debt, in violation of the 12 section of article 7 of the constitution. * # * * 2d. This bill is in conflict with sec. 3 of article 7 of the constitution. That section requires the application of the revenues remaining after meeting the appropriations of the 1st and 2d sections to the specific objects provided for to 4 be made annually. The language of the section will admit of no other con- struction. It is plain, clear and explicit. * # * ^^ 3d. It is beUeved that this bill is inconsistent with section 6 of the 7th article of the constitution. By the bill, the canal revenues are pledged, or moitgaged, to certain public creditors for a probable period of twenty-one years; certainly for a period but a little short of that time; and the management of the canals is so tied up, that they must produce a remainder of revenues applicable to the payment of the debt created by the revenue certificates, of at least $800,000 annually. The term canal, I trust, does not signify, simply, the ditch^ in which the water HoiDs. but all its incidents and appointments, including the revenues. The canals cannot be incumbered, or disposed of, by sale, lease, mortgage, or in any other manner. x\nd by parity of reasoning, the only valuable property of the canals, to wit., their revenues, cannot be disposed of in any like manner. * ^ This bill not only mortgages the canal revenues for twenty-one years, but prescribes such a condition in the ma^iagement of the canals, as is wholly inconsistent with this constitutional provision. Such seems to me to be the obvious effect of the provisions of this bill, and I respectfully ask the attention of Senators to the subject. 4th. This bill is repugnant to section 8 of the 7th article of the constitution. ^ ^ * Sections 3, 4 and 5, of the bill, are in direct conflict with the 8th section of the constitution, and cannot be upheld. The appropriations made by these three sections, are also obnoxious to the latter clause of this 8th section — no specific sum being appropriated, and the objects are too general and multifa- rious. I do not claim the right, and, perhaps, in the language of Mr. Spencer, "it would not be respectful," in me to say, that this bill was obviously drawn to foreclose all future legislation in reference to the canal revenues — that it was probably suspected that some future legislature, mindful of its constitu- tional obligations, might neglect to divert the pledged funds of the state, from their constitutional destination, and by that means fatally derange this mis- chievous scheme — that it was important so to frame the bill that it could be carried out without the aid of the representatives of the people, and plunder the treasury, ad-libiium, by the force of its own provisions — that if innocent individuals became public creditors, under its solemn guaranties, it would be thought to be a monstrous violation of the public faith, to interpose so rickety an '-obstacle" as the constitution to their prejudice, and thus, from the neces- sity of preserving the public faith, the bill would be permitted to run its course without interruption. These considerations are always potential with govern- ments, and they become doubly so when the strong bonds of interest encircle the sinews of labor, and the leprous distilment of public corruption has pene- trated all classes of the commonwealth. If this bill shall pass, in all human probability, $9 000,000 ol bank bills, resting on the funds represented by these "revenue certificates" for their basis and security, will be scattered broad cast over the state, and will be found in the hands of the people, who receive mono}'- in small amounts, and pay it out for daily subsistence, as well as in those of the more active and enterprising, who mould public opinion to their purposes, and direct it by exciting the apprehensions of the less intelligent. WliBn such a combination of interests, much of it honest but ill-directed, and much of it knavish and corrupt, shall be brought to bear on this question, who will be found to stand by the con- stitution and breast the storm ? Who will be found with courage commensu- rate to the crisis, to stand up in the Legislature of tlie state, and oppose the authority of the constitution to the daring and flagitious robberies of this bill? History answers, no man. No, not one ! 5th. It is submitted that the 10th section ot this bill cannot be constitution- ally adopted, at this time. Whether it can be in 1854, depends on a contin- gency that cannot now be known ; and the present Legislature can make no disposition of the revenues, which may, or may not, be diverted to supply the deficiencies of the general fund, until the period has arrived, when it may be determined that the unappropriated revenues will not be sufficient for the ordi- nary expenses of the government. The Legislature can make no binding provision on that subject until the year 1S54. Although this section is not a very important one ; nevertheless, it is an attempt to do what cannot be con- stitutionally done. I have examined all the provisions of this bill, which the time allowed me by the Senate has permitted ; and I have come to the conclusion, unhesita- tingly, that the whole scheme is a direct, open and palpable infraction of the constitution. The sections examined in detail, are harmonious parts of a system., and, I hesitate not to say, a system of bold and daring aggressiop upon the rights of the people, and one which deserves the condemnation ann reproach of all just men. The battle for financial integrity was fought in this state in 1842, and again in 1846, and resulted in the triumph of sound and correct principles. The war is again renewed by this bill; but a new and deeply interesting element mingles in the contest. The preservation of a constitutional governm.ent is involved in this issue ; and although it is by no means the first attempt which has been made to overleap the barriers set by the people, to protect themselves against the rapacity of irresponsible power, it is the last effort which can be made in behalf of the fundamental law of the land. The breach made by this bill is too wide to be closed or defended ; and when the pledged funds of the state can be invaded in very contempt of the constitution by which they are surrounded, and should be protected — and that too by the men who have solemnly sworn to guard this trust and respect the instrument which declares it to be sacred," our hopes of the future perish within us, and our confidence in the fidelity of the representative, and in the power of the constitution by which he is created, withers and dies. I have the consolation of being able to reflect, that during the whole of this struggle, I have been upon the ramparts, and stood firmly by the right ; and now, again, I am cheered by your indulgence. Your kindness has permitted me to declare my opinion of this measure. I have done so boldly, and I hope respectfully. I have done what I liave conceived to be a solemn duty, and I have an abiding conviction, that come what will, yours will be done also. Respectfully submitted L. S. CHATFIELD, AttY General. Protest of the Senators who Resigned. To the Hon. »J anford E. Church, President of the Senate. Sir: The undej signed, members of the Senate of the State of New- York, consider the bill now about to be put to a final vote, authorizing a loan of nine millions of dollars on a pledge of the remainder of the canal revenues in each fiscal year,'' as a clear, direct, and flagrant violation of the plain and intelligible financial provisions of the constitution. The twelfth section of the seventh article of that instrument, and which we were all sworn to sup- port, when we took our seats in this Senate, declares that except the debts 6 specified in the tenth and eleventh sections of that article, (which are debts to meet casual deficits or failures of revenue, or for expenses not provided for, not exceeding at any time one million of dollars, and to repel invasion, sup- press insurrection, or defend the state in war,) no debt shall hereafter be contracted by or on behalf of the people of this state, unless such debt be for a single work or object, and a tax be imposed sufficient to pay the principal and interest within eighteen years from the time of the contracting thereof, and that every law authorizing such loan shall, before it takes effect, be submitted to the people at a general election, and be approved by a majority of all the votes cast for and against it at such election. The sixth section of tlie same article declares that "The Legislature shall not sell, lease, or otherwise dispose of the canals of the state, but they shall remain the property of the state, and under its management forever." The third section of the same article provides that "After paying the expenses of superintendence and repairs of the canals, and the sums appro- priated by the first and second sections of this article ($1,650,000 to pay our existing state debt), there shall be paid out of the surplus revenues of the canals to the treasury of the state, on or before the 30th day of September in each year, for the use and benefit of the general fund, such sum, not exceeding two hundred thousand dollars, as may be required to defray the necessary expenses of the state, and the remainder of the revenues of the said canals shall in each fiscal year be applied, in such manner as the Legislature shall direct, to the completion of the Erie canal enlargement, and the Genesee Yalley and Black River canals, until the said canals shall be completed." The bill referred to, which is entitled " An act to provide for the comple- tion of the Erie canal enlargement, and the Genesee Valley and Black River canals," clearly violates, according to our understanding, both the letter and spirit of these provisions of the constitutioxi. It authorizes a loan of $9,000,000, without submitting the law to the approval of the people, and without imposing a tax to pay the debt contracted, as the constitution requires. It authorizes the creation of a debt by the state of nine millions of dollars, and pledges the future revenues of the canals, which are by the constitution to be applied to their completion, for its payment. It creates an obligation or pledge on the part of the state, " so to arrange and regulate the tolls on all of our canals, as to produce a surplus of at least eight hundred thousand dollars in each year until the Erie canal enlargement is completed ; and after that, sufficient to produce a surplus of at least one million of dollars in each year until a suffi- cient sum shall have been collected and safely invested to pay the sum borrowed;" thus mortgaging the canals of the state, and binding the state to impose tolls or taxes on transportation on all our canals, so as to produce at least a given amount of revenue to pay the mortgage, however oppressive such impositions may be to the forwarder or destructive to the trade and business of our canals. Such obligations, contracted on the part of the state with its creditors, amount to a conditional disposal of the canals of the state, and violate both the letter and spirit of that clause of the constitution, which declares that the Legislature shall not sell or otherwise dispose of the canals; but they shall remain the property of the state, and under its management forever. The bill also violates those provisions of the constitution which direct "the remainder of the revenues of the canals in each fiscal year" to be applied to their completion. It appropriates for years to come a portion of the remainder of the revenues of the canals to the payment of interest on money borrowed, instead of applying such remainder in each fiscal year to the completion of the canals. It pledges 7 this remainder of the revenues in each fiscal year for tlie payment of money borrowed, and which, when borrowed and placed in the State Treasury, may be appropriated with a less violation of good faith than if it is borrowed to other purposes than the completion of the canals. The bill also directs portions of the money borrowed, on a mortgage or pledge of the revenues of the canals, to be appropriated to the payment of the interest on the money so borrowed, thus recognizing and establishmg the prin- ciple that the state may borrow money and contract debts to any extent, on a pledge of the future income of our canals^ and may increase that debt by oth- er loans on like security to pay interest on the money previously borrowed, and may bind itself to tax transportation forever on our canals to the extent neces- sary to pay the debts thus contracted. The estabhshment of this principle nullifies those provisions of the constitu- tion which plainly and expressly prohibit the Legislature from contracting debts without first obtaining the sanction of the people, and from in any way selling or disposing of the canals, and may in its results impose on the State the obli- gation to tax transportation on all our canals by such high foils as to destroy their usefulness by driving business into cheaper and untaxed channels of transportation, or else compel the State to lay a direct tax on the people to pay the money thus borrowed. We are in favor of the enlargement of the Erie canal and the completion of the Genesee Valley and Black River canals, and we desire to have the work done in that manner which the constitution authorizes and requires. But we will not consent, for the purpose of accomplishing that or any other object, however desirable, knowingly to violate the constitution and trample it under our feet. If the policy of the Democratic party adopted in 1835, of enlarging the canal by the application of the surplus revenues to that work, the enlargement could now have been completed, and our state debt so far reduced that the Legislature could at this tune remove the greatest obstacle in the way of the forwarder, high tolls. We regret to say that this is not the first instance in which we have felt constrained to differ in the decision of an important constitutional question which this Senate has been called on to decide. We allude to the decision recently pronounced here, that a member oi this body duly elected with his consent, and returned as a member of Congress, and not declining to accept the office, was entitled to sit here as a senator after the commencement of his official term as a member of Congress, not- withstanding the constitutional declaration that ''no person, being a member of Congress, shall hold a seat in the Legislature." Whether the decision made by a majority of this body in that case, was in any degree influenced by a desire on the part of the majority to retain the power in this body to carry this and other favorite measures, we will not assume the right to determine ; but will leave the decision of that question to the impartial decision of our constituents. We have felt constrained, by the obligation which we feel to support the constitution, to oppose the passage of this bill in every stage of its progress through the Senate. We cannot but regard its final passage as a prostration of all the barriers intended to be erected by the constitution against the abuse of legislative power to borrow money, contract debts, and impose taxes. It now seems that our arguments, our appeals, and our remonstrances are in vain, to arrest the passage of this bill. Under these circumstances, we camiot consent, by longer retaining our seats here, to be accessory to what seems to us a deliberate infraction of the constitution under which our government is formed, and by which it exists. 8 All other matters before the Legislature, when compared with this, sink into insignificance. We regard the preservation of the constitution, in its full force and meaning, as paramount to all other considerations ; and we do, therefore, for the reasons herein stated, as the only means left to us to prevent this attempted prostration of the provisions of the constitution restricting the debt enacting power of the Legislature, (a quorum of three-fifths (20) of all the members elected being required to be present on its final passage), resign our offices respectively as Senators of this state ; and we submit the propriety and justice of the act to the impartial judgment of those whose interests and rights we were sent here to represent and protect. April 17, 185L WILLIAM A. DART, Senator from 15th District. ALANSON SKINNER, Senator from 21st District. HENRY B. STANTON, Senator from 25thDistrict. G. B. GUINNIP, Senator from 26th District. JOHN NOYES, Senator from 18th District, WM. HORACE BROWN, Senator from 1st District. To Sanford E. Church, Lieutenant Governor and President of the Senate. I hereby resign my office of Senator of the State of New-York for the 20th senatorial district. Your obedient servant, A. C. STONE. April mil, 1851. [From the Albany Ev^euing Atlas of Saturday.] Veto of the People on the Canal Bill-the Demo- cratic Senators Sustained. There was a great and enthusiastic meeting of the Democracy at the Capitol last evening. The democratic electors — and many good citizens, not parti- zans, who had witnessed with alarm the attempt upon the constitution and the public faith — came forward to express their congratulations at the safety of the constitution and the deliverance of the people, and to offer their thanks and support to the patriotic Senators, who had so nobly relinquished their seats at the call of duty. The meeting was organized on motion of P. Cagger, Esq., Chairman of the General Republican Committee, by the nomination of the Mayor of the city, the HON. ELI PERRY, President. And on motion of Wm. Davis, Esq., the following Vice-Presidents were in- vited to assist: ERASTUS CORNING, CORNELIUS VOSBURGH, JAMES D. WASSON. GIDEON HAWLEV, GERRIT Y. LANSING. WILLIAM SMHH. NICHOLAS UILL,.Ir.,i PETER GANSEVOOKT, WILLIAM SEYMOUR, GEORGE MONTEATH, Secretaries. WM. MONTEATH, HENRY D. LANSING, MATTHEW McMAHON, L STUART ROSE. These gentlemen ascended the platform amid enthusiastic cheering, JOHN SNYDER, Senator from 8th District, JAMES C. CURTIS, Senator from 9th District, GEORGE H. FOX, Senator from 16th District. SIDNEY TUTTLE, Senator from 17th District. CHAS. A. MANN, Senator from 19th District. 9 On Motion of Watts Sherman, Esq., the Chair appointed the following gen- tlemen a committee to frame and report resolutions for the consideration of the meeting : Watts Sherman, William W. Forsyth, John B. James, Andrew J. Colvin, Hiram Ferry, John Knower, Henry H. Martm, John Tracey, Lemuel Steele, John McRvoy, Geo. Warren, Joseph Courtney, Jeremiah Osborn, Joseph Clin- ton, Anthony Blanchard, Bradford R. Wood, David Mahoney. At the call of the assembled crowd, Mr. Shaw, of the Albany Argus, rose and explained the objects of the meeting. At the opening of his remarks the delegations from the First and Seventh Wards, marching in procession, attempted to enter the Hall, already filled to overflowing. It was found impossible to accommodate the multitude, who already filled a large space outside the building, and an adjournment to the Park became necessary. Mr. Shaw having concluded, the Hon. Floratio Seymour, of Oneida, was called to speak, and ascended the platform, amid loud and prolonged cheer- ing, and every demonstration of enthusiastic applause. We should do injus- tice in attempting to sketch his remarks, which were an eloquent vindication of the constitution, and an exposure of the Whig pretences of exclusive attachment to the public works, and an analysis of the nine million bill, and of the mode in which it was to be made to operate. He concluded by a manly avowal of his readiness to stand by the Democratic Senators. His remarks, which were frequently playful and humorous, and which were, throughout, lucid and happy, were listened to with profound attention, and elicited great applause. Hon. Samuel J. Tilden, of New-York, followed, sustaining the views of Mr. Seymour, to whose legislative experience and whose intimate knowledge of this subject, he made a happ^r and gracefid acknowledgment — and explained some of the features of the Debt Bill and its intended workings, and exposed its gross unconstitutionality. At the close of his remarks ^Yatts Sherman, Esq., chairman of the com- mittee on resolutions, reported to the meeting the following, which were unanimously adopted : Resolved, That the republican electors of the city of Albany have witnessed with astonishment the origin and progress of the project initiated by the State Administration and nearly consuminated by the Legislature, of adding Nine Millions of debt to the burden of twenty-two millions, under which the energies of the state now labor. That a proposition of this character has struck us with surprise, originating, as it has, in a time of profound peace and prosperity, called for by no public calamity, by no unexpected necessity, by no stringent demand of business, not discussed before the people, nor petitioned for by them ; yet attempted to be forced through the Legislature by a party vote^ and urged with such recklessness as ultimately to disorganize legislation and defeat the passage of important bills, by compelling its opponents to resort to the last act of resistance and resign their seats. And that we are here to express our indignation that so great a jmhlic wrong has been attempted. Resolved, That while we know that this project of debt originated in no public necessity, or in any desire to promote the public good, we believe that we can detect in its features the evidence of other motives. It proposes to grasp for more than twenty years in advance, the revenues of the public works in order to form the basis of an expenditure of Three Millions a year tor three years, and setting aside the Canal Commissioners, to place the control of this fund, and of the contracts under the law, in the hands of five Whig politicians, constituting a majority of one in the Canal Board — whose terms are about to expire, and who compose a tribunal, whose past acts of improvidence, whose 10 inexperience and looseness have forfeited the confidence of the people, and whose only hope of perpetuating power or sustaining further the dynasty of which they form part, rests in the liberal expenditure of Nine MiHions of money in favored localities and among active partizans. Resolved^ That the Canal Bill, which has been defeated by the resolute and manly resignation of Democratic senators, is a direct palpable, and audacious violation of the Constitution of this State; that the expedient which it proposes for raising nine millions of dollars, by whatever spacious name it may be call- ed, is in its essential character and practical effect, the creation of a debt ; is inconsistent with the provisions of the Constitution which prescribe the mode in which the surplus revenues shall be applied to the canals, and confine that mode to the expenditure of the surplus as it shall be actually received; is in- compatible with the provisions which expressly prohibit the contracting of debts, except in the manner therein specified ; and is in utter disregard of the provision which deprives the Legislature of the power to authorize or direct the application of the revenues for more than two years in anticipation. Resolved, That if the Canal Bill were not clearly forbidden by the words of the Constitution, it is undeniably within the meaning and intention of the ex- press prohibition of that instrument, as shown by the controversies which gave rise to the convention, and the discussions which attended the formation and and adoption of the Constitution. Resolved^ That the Constitution is binding upon the agents of the people acting under it, in the sense and meaning in which its provisions were de- signed by those who framed them and the people who adopted them, as shown by contemporaneous discussions and history; that the attempt to evade the real intention oi an instrument between private parties by artful construction is universally characterised as dishonest: and that the attempt to evade the real intention of the Constitution by such construction by the Legislative agents of the people, is a betrayal of a high trust, and a violation of the solemn obliga- tion of the official oath. Resolved^ That if the Legislature still have the constitutional power to con- tract debts, or to anticipate and consume the revenues for an indefinite period before they accrue, the present Constitution has utterly failed of the object which induced the people to assemble a Convention and to establish a new Constitu- tion : and it is vain to hope that any language will be sufficient to produce the efiect designed by the people in restraining their legislative agents from creating debts and mortgages upon the public revenues ; there is an end to all constitutional limitations upon delegated power, and the very foundation of re- publican government is swept away. Resolved, That we are struck with profound amazement by the attitude of our Legislature, sworn to support the constitution, proposing to issue a paper "scrip" or "certificate" on the face of which, all obhgations of payment is expressly disavowed, and to authorise the reception of this as a basis of bank issues^ when the constitution expressly declares that it shall be the duty of the Legislature to see that all such issues are "amply secured." Resolved, That the people — the property holders — the laboring and indus- trial classes — all classes — all society — are deeply interested in the paper cur- rency of the state — that it can have no existence but by their will ; and as it affects and measures the value of every man's property, should never be allowed existence unless upon a basis which renders it readily convertible into gold and silver, the only legal standard of valve. Resolved, That it is preposterous to suppose or pretend that " certificates," which on the one hand are affirmed to be unconstitutional and void, because they create a debt of liability on behalf of the people of this state — on the 11 other, are claimed to be legal, only because they create no liability for pay- ment, can be that ample security which the constitution requires — that the issue of paper money upon such a basis as the certificates or scrip which acknowledge no ohligation — no liability — on the contrary disavow both — is an outrage upon all the laws of wisdom and prudence — an outrage upon every sound principle, upon the property and industrial interests of the country, and, above all, upon the constitution of the people. Resolved^ That we regard the pledge of the public faith of a state as an obligation upon the honor and conscience of the whole people, never to be made except under the pressure of a vital necessity, and never to be trifled with or violated under any necessity whatever ; that we point with pride to the position assumed by New- York in 1S42, of resisting the increase of debt and devoting its energies to sustaining its credit ; that the influence of that po- sition was felt immediately in the restoration of public confidence, and the elevation of public and private credit ; that the principles of wholesome restraint then adopted were deemed worthy to be incorporated into the constitutions of six states of the Union, as well as in our own organic law ; that to depart from that policy by a violation of the sacred obligations of the constitution would be to set an example of evil, as before we set an example of good, and would be a retraction of the popular expression for which the people have given no warrant: that a stain upon the name of New- York would be a wound upon American credit, the consequences of which, at this time, when Two Hundred Millions of American securities are held in Europe, would be disastrous and irreparable. Resolved, That the refusal of the whig majority in the Legislature to sub- mit the question to the people in any form, was inexcusable, inasmuch as the proposition originated with an executive having large and direct personal interests in the expenditure of this money, and was addressed to a Legislature, the majority of which was elected by a minority of the popular vote, and was to be administered by a body of state ofiicers who may desire to conceal present deficits and past defaults under a large loan ; and that we cannot but regard the attempt to hurry this matter through an extra session of such a legislature, so as to escape a popular expression, as the last struggle of a dynasty that fear the people, and knows that in the next general election it will be swept from power and consigned to oblivion. Resolved. That we point with pride to the contrast which the history of this state presents in its administration by Whig or Democratic hands. That for more than 30 years the democractic party distinguished itself by the economy and vigor widi which it prosecuted the public works, the sedulous care in the preservation of the public faith, the courage and self-sacrifice in recalling the state from a spendthrift and reckless policy, to that of economy and payment, and the guaranties which it embodied in the constitution to complete these works, and to extinguish the debt and free the business of the canals from the heavy burthen of tolls, and has proved itself the faithful and honest fiiend of the people. That on the other hand, the Whig party, in spite of all its pretences of zeal for the more speedy completion of the public works, has proved itself their greatest enemy, squandering the revenues exacted from the canal interests, upon favorite partizans in idle enterprises, in local speculations, and upon fraudulent claims, and distinguishing itself in the third year of the administration of Seward by a general suspension of the public works, and in the first year of the administration of Hunt by a partial one, and in both by close approach to state bankruptcy. Resolved, That the thanks of the Republican Democracy of the city, and the whole state^ are due to the patriotic Senators, who, bound by their oaths 12 and their sense of duty, id obey and preserve the constitution^ which called them into existence, and to protect the people from the evils of profligate legislation, fell back npon the last resources left them to defend the constitu- tion, and to repel the aggressions made upon it, by having recourse to the only expedient left — exhibiting in their willingness to resign their places^ a spirit of self-sacrifice and submission to the people in contrast with the avidity of place, usurpation of power, and distrust of the people, manifested by their opponents ; and that we pledge ourselves, in the name of the united Democracy, to stand by them at all times, as they have stood by the constitution in its moment of peril. Resolved^ That out of intended evil sometimes comes good ; and that we find it a source of congratulation that the onset which a reckless and profligate faction have made upon the constitution in this scheme of debt, has had the eftect oi uniting in oiie hody^ and animating with one purpose^ the Democracy of the state ; and that we rejoice that we are able to proclaim, that the united Democracy of New- York are one and indivisible. After the reading of the resolutions, and the cheers of assent with which thoy were received had subsided, the Hon. Henry B. Stanton was introduced by the Chairman to the m.eeting, as ''one of the patriotic Senators who had resigned their places, rather than by their presence permit a violation of the constitution." He was received with cheers of approbation. [From the B^iffalo Republic of April 22. \ The Canal Bill Meeting. "The deep interest felt in this community for the enlargement of the Erie Canal, may have induced many.democrats to commit themseh'es in favor of the Canal Bill, who would, had they examined its provisions, have refused to sanction it in any way. Such democrats, now that they cannot fail to see in the protest and resignation of twelve democratic senators, the objectionable and unconstitu- tional features of that bill, and in the tremendous gathering ot the democracy of Albany, the attitude of the party towards it, should not hesitate to repudiate that corrupt and unconstitutional measure, and to array themselves with their party friends on this question. The Canal Bill is a whig measure, though it may have been partially and thoughtlessly sanctioned by a few democrats. It was and is designed to perpetuate whig power at the expense of a broken aud discarded constitution. It is a desperate political movement, to revive the dilapidated fortunes of political leaders. If it is so, ought democrats to sanction it in word or deed ? — ought they to go to a meeting, where that iniquitous bill will be endorsed and democratic Senators denounced? We put these questions to the sober judgment of the democracy of Buffalo, and especially to those who have heedlessly given '■ aid and comfort" to the whigs on this question. No one can doubt where the democracy of the St-dte will stand. They will uphold the constitution! — They will protect it fro 7/1 whig assault, and those democrats who place themselves on record in favor of the Canal Bill, will be Compelled to abandon that position or go to the whig party 1 Of this there can be no doubt. Elsewhere, there is no division in the democratic party on this subject. Barnburners aud hunkers alike ojipose the Canal Bill. Sectional difterences are obliterated and forgotten in the determination to protect an instrument, which democrats hold to be sacred, from the attacks of desperate political adventurers. Senators I3rown, Skinner and Guinnip, who acted with the hunker section of the party, stand side by side with Senators Mann, Stan'ton and others, who acted with the radical sec- tion, in manfully resisting the contemplated violation of the fundamental law. In this crisis laint hearted democrats hei-e may hesitate as to their course ; but the democrat of principle and nerve will be foimd on the side of the constitution. At least, that will be our position. Ready and willing, as we are at all times, to advance to the extent of our power, the interests of this city and of its active and enterprizing commercial population, we can never forget that we are republicans, who revere the constitution and cannot assent to its violation, and that social and selfish claims upon us sink into insignificance when compared to the claims which disinterested patriotism recognizes and enforces. It is so, we doubt not, with the great body of the democracy here, and we look to them to vindicate the democratic policy at this time, instead of aiding to swell the ranks of our political opponents. 13 iFrom the Daily Republic, Buffalo, April 30, 1851.] Tlie Sober Triitli. The New-York Evening Post very truly remarks, that any further demonstration of the unconsti- tutionality of the Canal Bill would be wasted upon those who press this measure, knowins it con- templates a violation of the Constitution. They were the unrelenting opponents of the financial policy of that instrument, for the fifteen years that it was under discussion before the people, and they resisted it at every stage of its passage through the convention of 1846. No effort of ingenuity was spared to evade its restriction after it became a part of the fundamental law, and failing of suc- cess in that way, they have finally attempted by brute force to trample the whole restriction under their feet — to burst the doors of the Treasury, and with the nine miUions of which ihey expect to possess themselves, to purchase immunity from the penalties that ought to follf»w their outrage. It is not, therefore, with them, a matter of constitutionality, or a question of right; it is a question whether their burglarious design can succeed, whether they can get the money, and with it purchase a Legislature next winter which will sanction this desperate proceeding; whether or not they can succeed in organizing a corps of contractors and bank dependencies, wielding the patronage of nine mil- lions of dollars, and bound by the strongest personal interest to prevent the indignation of the people from reaching them before they have carried away their plunder to a place ol safety. That this is their purpose, the most prominent of them do not wish to conceal. They admit it, and challenge the people to help themselves. The Post adds : " The question now is, will the people help themselves? Will they abandon the honest debt pay- ing policy of the state, for which so much has already been sacrificed, the wisdom of which has cost us so much to learn, and which has raised the stocks and credit of New-York to a premium through- out the civilized world; will they consent that the state shall pledge nine millions of her revenues to be used as a find for corrupting the politics of the state ; will they permit the restrictions of the Con- stitution to be mocked at, and all the barriers wisely {)laced around the Legislature to be laid pros- trate ? That is the issue which is now before us, and the time when it is to be decided is Lorrying upon us. Not a day is to be lost by those whj desire to maintain the supremacy of the Constitution. Those who advocate the omnipotence of the Legislature, are impelled to exertion by the strongest inducements which can be addressed to selfishness and cupidity. They see constantly before them a golden prize waiting to reward their success. The friends of the Constitution, have no such re- wards to tempt them and their partizans to exertion. They have that larger and nobler interest in the prosperity and honor of the Empire State, which every citizen s^hares alike ; they know that in common with the mass of the people, they must take their proportion of the disaster and dishonor, which will follow a return to the credit system of 1840, a system which once brought our state to the verge of bankruptcy, and compelled its public officers to go into Wall street to boiTow money upon their personal re3pousil)ility, to meet the current expenses of government Beyond this they have no rewards to expect themselves or to share with partizans. Under these circumstances we are aware that the battle between the guardians and the plunderers of the treasury, is, in some respects, an unequal one ; but on that account, the duty imposed on every patriotic citizen, to arm himself at once and at all points for the controversy, becomes more urgent and obligatory. In the country, we are happy to perceive that all these considerations are apprecia- ted, and that the utmost activity prevails, even in districts most likely to sympathize with the bor- rowing movement. Public meetings of the most enthusiastic description, have been held in many of the cities, and many more are announced in the various local journals. IFrom the Daily Republic, Buffalo, May 5, 1851.] The friends of the constitution and of a sound financial policy in the vacant Senatorial districts, must be on the alert. The whigs and their allies wiil stop at nothing to insure success. The large number of adventurers, who hope to realize large sums of money from the passage of the Canal Bill, will bleed " like martyrs in raising a fund to be used in three or four of the districts. But this will not avail, if the democracy take hold of the matter in earnest. Let each town be thoroughly orga- nized and the bill of abominations fully discussed and understood. I .et it be proclaimed that the struggle, which is to take place at the close of the month, is to preserve the constitution and to maintain the credit of the state. Let the truth, the sober truth, be made known to the electors and the result can not be doubtful. \_Fromthe Daily Republic, Buffalo, May 7, 1851.] A Card of Tliaiik§. Every true friend of the democratic party and the democratic organization in the state is deeply indepted to the whigs for their bold attempt to discard the constitution and to plunder the treasury. Our opponents, in their desire to clutch millions of dollars to be used for corrupt political purposes, have aroused the slumbering democracy to an appreciation of their duty to each other and to the state. Thinking only of the past, of its contentions and divisions, the democrats of New-York were more anxious to be revenged upon each other than to sustain each other in upholding the common princi- ples of the party- But they have been shown, by whig dishonesty and desperation, the folly of this, and the duty of cordial and fraternal action in the future in defence of the organic law of the state. 14 Our wliig friends, therefore, who have thus unwittingly called us to a sense of duty, are entitled to our most grateful acknoledgraents. We need not apply this brief sketch of political history, for the reader will do that. It is enough to suy that the position assumed by the united democracy of this state towards the nine million debt bill is sound, right and will bear the test of discussion and of time. We rejoice that whiggery has compelled the democracy to assume it, and has thus brought a great and patriotic party to forget the follies of the past in the high duties and destinies of the future. {From the Buffalo Rejniblic of May 8, 1851.] The Twelfth Seetion. Let the democracy bear in mind that heretofore all contracts for work on our canals have been given to the lowest bidder, who would give satisfactory security for its performance. But the twelfth section of the whig NINE MILLION DEBT bill proposes to change entirely this safe, judicious and well-tried system, and to authorize a whig board, to give contracts to complete the enlargement to WHOMSOEVER THEY PLEASE, without reference to the prices proposed by bidders. This is done to enable this immense amount of work to be given to FAVORITES at rates which will ena- ble them to realize ENORMOUS PROFITS out of the people. {From the Bvffalo Rejnihlic of May,^7 1851.] Tlie Special Election. The special election, ordered by the Governor, to fill the places made vacant by the resignation of the twelve democratic Senators, takes place to day. Before we issue another paper, we shall be apprised of the results. In each of the districts the democrats have nominated the Senators who resigned, and all, with a single exception, have accepted the nominations. Mr. Stone, of the Madi- son and Oswego district, declined, and Charles Stebbiks, a democrat of high character and ability was placed on the ticket We have supposed that the whigs would be able to carry a sufficient number of districts to pass the Canal Bill. We think so now. Desperate efforts have been made to defeat Messrs. Mann, Stanton. Skinner and Stebbins, and we fear they will be defeated. Large sums of money have been sent into their districts, and all kinds of appeals made to the electors to vote for the whig can- didates. It is too much to expect success in these districts under the circumstances. In the other districts, the democrats will probably elect their candidates. But should the whigs succeed in getting the power and passing the Canal Bill, the struggle will not end there. The banner of repeal will be raised by the democracy, and the next election will be canvassed on that issue. Whether any one will be found to take scrip under these circumstances, the remains to be seen. We do not believe that capitalists will invest their means in scrip authorized by a law which the democratic party of the State brand as unconstitutional, and which it is pledged to repeal when it obtains the power. The end is not yet. whatever may be the result of the election to-day. This should be understood on all hands. It should be understood that the democracy of the state will not permit the plunder- ing of the treasury of millions of dollars to be squandered upon political favorites, without at least a bold and determiued effort to prevent it. \_From the Daily Republic, Buffalo, May 29, 1851.] A Reasonable Requeist. The Albany Journal, alluding to the determination of the democracy to repeal the Canal Bill should it pass in its present shape, says : " The old game of '42 is to be played over. — The value of Canal Script is to be assailed, and if possible depreciated. A war is to be waged again against the welfare of the people and the prosper- ity of the State. "Capitalists" are to be warned against furnishing means to enlarge the canal by threats of repudiation. " That the democracy vvill do all in their power to prevent the success of the corrupt whig scheme to over-ride the constitution and to plunder the treasury, cannot be doubted. They believe the Canal Bill to be unconstitutional and therefore ask the whig majority to submit it to the Court of Appeals, before the scrip is issued, so that the constitutional objections which have been urged against it may be passed upon by that tribunial. Is this an unreasoaable request? — and, especially, when there are scarcly two opinions among democrats in regard to the unconstitutionality of the bill? If not unrea- sonable, then are not the democrats justified in using every effort to prevent its being carried into effect, until the constitutional point is settled 7 {From the Albany Evening Atlas, of April 17.] The Constitution Vindicated. The democratic Senators, bavin? exhausted argument and entreaty, have taken the last resort the Constitution gives them, and sacrificing position and power, and with the full consciousness of the responsibility of their coarse, have forced an appeal to the People. The Nine Million Debt Bill i^ 15 efeated, and the corrupt faction that attempted to break through the Constitution to seize this spoil affled and driven home. This is a glorious deed. Tije question which is thus brought to a crisis, was no longer one of expediency or constitutionality. It was a question whether we should have a representative govern- ment or not. {^From the Albany Evening Atlas of April 16, 1C.>1.] The Debt Bill. The struggle against the Constitution will reach its crisis to-day in the Senate. The democrats stand maniully by the C' nstitution. The accidental administration and a corrupt lobby are exerting all their energies to break down the barriers that yet interpose between the Peo[)le and Nine Millions of public plunder. On the one side are the Constitution, the oath of office, the public faith, the welfare of the people. On the other. Nine Million of Dollars, and the official speculators who expect to fatten on it. If the question were before the electors, there would be doubt how they would decide. The majority of the people look to the minority of democrats in the Senate as their representatives, and demand of them to defeat this bill. [^Frorn the Albany Evening Atlas, of March, 29, 1851.] Nine Million Additional Debt and the Canal Enlargement. The orders were given in the Evening Journal of Thursday last, that the canal bill " be acted 0% as promptly as will be consistent with an intelligent discussion of the subject,^' which means that no discussion is necessary after it has been pronounced '• unquestionably constitutional and eminent ly practical" by the Evening Journal, whose exposition of the Constitution, will of course, be in the estimation of all true followers, as infallible and authoritative, as are the declarations of the Koraii to all true believers in God, and that Mahomet is his prophet. We may, therefore, expect that the Canal Bill, — to borrow nine millions of dollars on a sale, pledge or mortgage of the canal revenues, and to create a debt of that amount charged on those revenues, in direct violation of those clauses o? the Constitution which declare that no debt shall be contracted by or on behalf of this State, except as provided in the Constitution, and that the surplus canal revenues shall, in each fiscal year, be ap- plied to the completion of the canals, and that the Legislature shall never sell, lease, or otherwise dispose of any of the canals of this State ; but that the same shall remain the property of the State, and under its management forever — will be forced through both branches of the Lej^islature with a rapidity that will astonish even the Chairman of the Canal Committee, who reported this bill, aud who seems to have as little difficulty now in getting around or through the barriers of the financial provisions of the Constitution, as he had formerly in breaking down the safeguards which the Safety Fund law designed to throw around our banking system. From the Albany Evening Atlas, of March 31, 1851.] The Coni^pirstcy ag^am§t tlie Constitution. The demagogues of the Legislature, who during their excursion to New-York, resolved to carry through the Nine Million Debt Bill — "Constitution or No Constitution" — proceeded to the consunv mation of tbpir purpose on Saturday, with as much regard to decency and the dignity of legislation, as could be (4cpected under the circumstances and from the parties. It must be recollected that this bill had never been asked for by the people, that it was regarded as uuconstitutional by every sound-thinking lawyer in the State who spoke of it, that it was denourv- ced as such by the legislative minority. Yet without suffering it to be discussed, without calling upon the law officer of the State for his opinion, without even giving time for a public expression upon it, the House on Saturday forced it to a third reading, under the call for the previous questioUj cutting off all debate, suggestion or amendment. This is the way in which legislation is trifled with in the Assembly. It would seem as if the two Houses were struggling in a race for popular contempt. [_From the Albany Evening Atlas of April 2, 1851.] Constitutionality of Mr. Allen's Canal Bill. But this law will pass the Legislature. The fiat is issued, and ten Constitutions are no barrier to a Legislature that must cater for a party that has already passed through the second stage of political bankruptcy. Let us, therefore, look at the sequel of this speculation. The present Legislature pass a law, authorizing the issue of certificates to the amount of nine mil- lion of dollars, with a provision for their payment after four years, which is contrary to the express language of the 8th section of the 7th article of the Constitution. A FUTURE LEGISLATURE (if an honest one) WILL PRONOUNCE THIS LAW UNCON- STITUTIONAL, as creating a debt against the State, contrary to the constitutional provisions, and WILL REFUSE TO PASS ANY ACT MAKING A NEW APPROPRIATION, OR CONTINU- ING OR REVIVING THE ONE MADE BY THIS ACT— and what remedy have the certificate holders ? There will be no act of repudiation by the State in so refusing to redeem, for it is expressiT 16 ly provided that there is no debt created against the State, or any liability on her part, express or implied, to pay them. The contract in the certificate provides this. The whole project is contrary to the spirit and letter of the Constitution, and nnlpss another as corrupt Lejrislature can hereafter be found as the present, it is somewhat difficult to determine where or by whom these certificates will be I'edeemed. It wouM be well, at all events, for s .ockjobbers, and speculators to obtain the opinion of the "special counsel" upon this provision of the Constitution before investing largely in them. -\ jv [From the Alhan'^^E 'fining Atlas, April3, 1851.] The Career of Folly Fsalselaood. The Nine Million Debt Bill w^as the subject of the morning discussion in the Assembly, The whigs, like the Bourbons. " learn nothing, and forget nothing." Experience adds nothing to their knowledge; time abates nothing of their fatuity. In listening to the debate in the Assembly one hears nothing but the reiteration of the vagu^ generalities, the exaggerated estimates, the false alarms, the fallacies in political economy, the slang and jargon which iu former y^ars were breathed into th^ bubble of speculation — till it exploded. ^ We venture to say not only that no honest body of representatives, in any country, would tolerate Buch an opetj violation of the Constitution as is here contemplated, but that no civilized government would countenance this scheme — and no legislative assembly would be disgraced by the falsehoods and puerilities which are the arguments used in its behalf. No party, except that party of obsolete ideas and sordid instincts — the party in power at Washing- ton and Albany — would ever have concocted this shallow device, or expect to profit by it. [From the Albany Evening Atlas of April 1851.] The Mine MIMiom Betot. This unconstitutional project passed the Assembly yesterday by a vote of 7G ayes (72 whigs, and Burroughs, of Orleans, Hatch, of Oswego, French, of Madison, and Colvin, of Cayuga, democrats), to 87 nays — all democrats — and 25 absentees, of whom 15 were democrats and 10 whigs. The law is notoriously and grossly unconstitutional — a violation, not of one, but of a nyimber of the most solemn injunctions of the Constitution — and an outrage upon the whole spirit of that instrument. The party that is guilty of this wrong is a minority in the State. It never would have had the power to do this but for the divisions in the democratic ranks. It seizes upon this opportunity as its last chance to engross and speculate upon the public moneys. [From the Albany Evening Atlas of April 11, 1851.] Tlie Uefeiice of tlie Coiastitiitioii^ Yesterday the opinion of Attorney-General Chatfield, to whom the nine million debt bill was re- ferred, was read in the Senate. It was" a masterly defence of the Constitution against this scheme of plunder. It was clear, comprehensive and manly, and swept away the sophistpes, in which this scheme had been clcuded, with a bold hand. The bill now stands in the Senate, stamped with the brand of unconstitutionality, by the law officer of the State. Senators must now act ! Before them stand the Constitution and their oaths of office ; beyond is nine millions of dollars — a corruption fund for the party of the majority for the next three years. They have but to break through their oaths and the Constitution, to reach and grasp this glittering treasure. It is a temptation that they cannot resist! [From the Onondaga Standard-^ MevoliitioM Tlfireatenedo Should the reckless partizans and constitution breakers insist upon forcing the iniquitous Enlarge- ment Bill through the Senate, the democratic members of that body would be fully justified by the people iu resigning their seats to prevent such a consummation. That they would do so, we are not prepared to say; but they are bound by their oaths to protect the Constityition in every Constitu- iional way. If to do this it becomes necessary to resign their seats, they should not hesitate a mo- ment in resorting to that extreme course. They would not be justified in retaining their places, and acquiescing in the deliberate violation of the Constitution, which the whigs propose. [From the Oswego Palladium of May 20, 1851.] " " i "The SSemocraey will still War Mpoii' it.''' Should the twelve Senators be re-elected, or men chosen who agree with them in sentiment, that fcill end the matter. But should a sufilcient number c)f Senators be elected to pass the Nine Million Bill, the tvar will then fairly comm.ence. The law will be thrown into the Supi eme Court, and the question of its constitutionality determined- Should it be decided constitutional, which we have no idea will ever be done, the Democracy vnll still war upon it. They would demand its repeal, and fight for if to the last. Every leading Democrat in the State, with two or three exceptions, as well 83 every Democratic press, save two, are arrayed against the scheme. Who supposes that all tMs force will peacefully surrender ? No one who is familiar with their history.