ed against the laws of Virginia. Here the matter might very
properly have ended; but, in advising Virginia's governor of their
discharge, Seward voluntarily and with questionable propriety,
enlarged upon an interpretation of the constitutional provision for
the surrender of fugitives from justice, contending that it applied to
acts made criminal by the laws of both States, and not to "an act
inspired by the spirit of humanity and of the Christian religion,"
which was not penal in New York. This was undoubtedly as good law as
it was poor politics, for it needlessly aroused the indignation of
Virginia, whose legislature retaliated by imposing special burdens
upon vessels trading between Virginia and New York until such time as
the latter should repeal the statute giving fugitive slaves the right
of trial by jury.
The immediate cause of the Whig defeat, however, had its origin in
disasters incident to the construction of the canals. It had been the
policy of Governor Marcy, and other Democratic leaders, to confine the
annual canal expenditures to the surplus revenues, and, in enlarging
the Erie, it was determined to continue this policy. On the other
hand, the Whigs advocated a speedy completion of the public works,
limiting the state debt to an amount upon which interest could be paid
out of the surplus revenues derived from the canal. This policy,
backed by several Democratic members of the Senate in 1838, resulted
in the authorisation of a loan of four millions for the Erie
enlargement. In 1839 Seward, still confident of the State's ability to
sustain the necessary debt, advised other improvements, including the
completion of the Genesee Valley and Black River canals, as well as
the construction of three railroads, at a total estimated expenditure
of twelve to fifteen millions. By 1841, the debt had increased to
eighteen millions, including the loan of four millions, while the work
was scarcely half finished. To add to the difficulty, state stocks
depreciated over twenty per cent., embarrassing the administration in
its efforts to raise money. The Democrats pronounced such a policy
disastrous and ruinous; and, although the Whigs replied that the
original estimates were wrong, that the price of labour and material
had advanced, and that when completed the canals would speedily pay
for themselves, the people thought it time to call a halt, and in the
election of 1841 they called it.[317]
[Footnote 317: "Seward had fau
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