cal" evil.* This report, however, was not well founded. When the chancellor's name was first mentioned as a candidate for the office, his expression in the case to which we have referred was mentioned as an objection against him by some of the southern gentlemen; but the matter was soon after explained so as entirely to obviate and remove opposition on that ground from the minds even of those who were the most sensitive on the subject of slavery. The question, therefore, remained undecided until the winter of 1845, when all the judges of the Supreme Court of New York, and the most distinguished lawyers, and all the members of the legislature, without distinction of party, signed and forwarded a petition to the senate praying the confirmation of the chancellor's nomination.

The election of Mr. Polk had removed the cause of the desire of the whigs to further postpone the appointment of a successor to Judge Thompson; and when the petition just mentioned reached Washington, the nomination of Mr. Walworth would undoubtedly have been confirmed, had not Mr. Tyler, about that time, sent a message to the senate withdrawing the chancellor's name, and nominating Samuel Nelson, then chief-justice of this state, in his place. What produced this movement of the president is not known. He might not have been apprized of the change of opinion favorable to the chancellor which had lately occurred in the senate, and may have supposed that the name of Chief-Justice Nelson would be more acceptable to a majority of that body; or his action may have been caused by occur

⚫ 14 Wendell, 507. Jack vs. Martin.

rences which will be related when our narrative reaches the year 1845.

It gives us pleasure to be able to state, that Judge Nelson had no voluntary agency in defeating the appointment of the chancellor. He had himself written in favor of that appointment; and we have been assured, from a most reliable source, that he acted in the transaction with perfect fidelity and good faith to his friend.

The nomination of Judge Nelson was confirmed on the 13th of February, 1845.

CHAPTER XIV.

Gen. Chamberlain's Resolutions-Mr. Dennison's Report on the Canal Policy and Bill-Assembly's Finance Bill amended in the Senate, and passes-The state of feeling in the Assembly and Senate between the Hunkers and Radicals-B. F. Hall's Bill for a Convention, and proceedings thereon-Bill for electing Canal Commissioners-Removal of Mr. Cassidy from the office of State Librarian-Policy of the Whigs-Calvin H. Hulburd-Democratic Legislative Caucus-Protest of the minority-Whig Legislative Address.

THE subject of increasing the expenditures for internal improvements by a partial resumption of the public works, which had been suspended by the act of 1842, was, in the early part of the session, brought before the senate by a resolution which was offered by Gen. Chamberlain, a resident of the county of Allegany. The resolution contained a preamble, which, after quoting the first sections of the two acts of the legislature passed in the year 1836, by which the canal commissioners were directed to construct and complete the Genesee Valley and Black River canals, states that

"Whereas, the people of the state, by their agents, the canal commissioners, have proceeded, under the several acts above specified, to the construction of the said canals, and have actually expended on the Genesee Valley Canal about three millions five hundred. thousand dollars, and leaving only about one million of dollars to complete the same: also, on the Black River Canal, there has been expended about one million five hundred thousand dollars, leaving to be expended to

complete the same, about three hundred thousand dol lars, showing that the works are more than three-fourths completed, and but a small portion brought into use.

"And whereas, vast amounts of property have changed hands, and large sums of money have been invested, in view of the completion of said canals, and many other business arrangements have been made with the same view, by a large and respectable portion of our fellowcitizens; therefore,

"Resolved, That in the judgment of this senate, the faith of the state is solemnly pledged to those people interested to carry forward those works to completion, as soon as the finances of the state shall be in a condition to do the same; and if not now in such condition, good economy requires that the works in progress should be protected and preserved."

This resolution was considered and discussed in the senate on the 19th day of February, when the mover made an elaborate speech in favor of its adoption.But as the spirit of the resolution evidently contemplated a departure from the policy of 1842, it does not seem to have gained much favor in the senate. Petitions for a resumption of the public works, and claiming that by the acts of 1836 the state was pledged to complete these canals, or pay damages to those who had made investments in their vicinity on the faith of those supposed pledges; and also a bill to provide for the preservation and protection of the works on the unfinished canals of the state, were referred to the canal committee, consisting of Messrs. Dennison, Varian, and Rhoades.

On the 21st of March, Mr. Dennison made a report on the petitions and proposed bill, Messrs. Varian and Rhoades dissenting.

This report must have cost Mr. Dennison much time and labor. It is exceedingly well written, and evinces much talent and great energy of mind. As this report may be supposed to embody the views of the state officers and the radicals of the senate, we will endeavor to present a sketch of it.

Mr. Dennison commences by giving a brief history of the canal policy, and showing that no indebtedness was incurred for the construction of the Erie and Champlain canals, without, at the same time, providing by law for the payment of the interest and repayment of the principal: he says

"We are to judge of the wisdom of the early friends of internal improvement in this state, by their actions and their works; and these will bear the severest scrutiny which time and experience can apply. With those men, the work to be done, and the ways and means to do it, were never for a moment separated. A prominent and vital part of the original canal policy of this state, is the plan adopted for providing the ways and means to pay for the works when completed."

Mr. Dennison believes with Col. Young the following to be a good general rule: that no work should be undertaken or recognised by the state that will not, when completed, sustain itself, pay the interest on its cost, and contribute something towards a sinking fund to redeem the principal.

He then shows that the lateral canals, to wit, Oswego, Cayuga, and Seneca, Chemung, Crooked Lake, Chenango, Genesee Valley, and Oneida Lake, do not, in the aggregate amount of tolls received from them, pay a sum equal to the amount paid by the state for their repairs: that the repairs in 1843 cost $84,065.07, while the tolls