of the less intelligent. When 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 Constitution and breast the storm? Who will be found with courage commensurate to the crisis, to stand up in the Legislature of the 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 of this bill cannot be constitutionally adopted, at this time. Whether it can be in 1854, depends on a contingency 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 revenue will not be sufficient for the ordinary expenses of the government. The Legislature can make no binding provision on that subject until the year 1854. Although this section is not a very importaut one, nevertheless it is an attempt to do what cannot be constitutionally 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, unhesitatingly, 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 aggression upon the rights of the people, and one which deserves the condemnation and 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 government 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.

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 con

tempt 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, but I hope respectfully. I have done what I have 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,

Attorney-General.

No. 69.

IN SENATE, APRIL 14, 1851.

REPORT

Of the majority of the committee on canals on the Assembly bill to complete the enlargement of the canals of the State.

Mr. Upham, from the committee on canals, to which was referred the bill from the Assembly entitled "An act to provide for the completion of the Erie canal enlargement and the Genesee Valley and Black River canals,

REPORTS:

The measure referred to the committee has already engrossed so much of the public attention, and been so fully discussed, as to render it unnecessary for your committee to enter into a full investigation of its merits. Certain positions seem to be so universally conceded, that your committee will content themselves with doing little more than stating them.

1. That the Constitution is imperative on the Legislature to apply all the surplus revenues of the canals after deducting the specific appropriations to the completion of the Erie canal enlargement, and the Genesee Valley and Black River canals.

2. That these, surplus revenues expended only as received, will not be sufficient to complete those works in less time than from

twelve to fifteen years.

Senate No. 69.]