The New York Herald Newspaper, November 24, 1847, Page 1

Vol, XII. No. 322—Whole No. 4919, = ee THE GREAT SPEECH OF THE HON. HENRY CLAY, Av THE MASS MEBTING IN Lexington, Kentucky, ON SATURDAY, NOVEMBER 13, 1847. After the organization of the meeting, Mr. Cary rose aad addressed it, s ntianally, as follows: Lapies ann Gentlemen : "The day is dark and gloomy, unsettled aud uncertain, like the condition of our country, in regard to the un- natural war with Mexioo. The public mindis sgitated and anxious, and is filled with serious apprehensions a9 to ite indefinite continuance, and especially as to the consequences which ite termination may bring forth, —- the harmony, if not the existence, of our Jnion. It is under these circumatances, I present myself b fore you. No ordinary occasion would have drawn me feom the retirement in which | live; but whilst a single sation of the human heart remains, it should, if ne- ary, be dedicated to the service of one’s country. And {have hoped that, although I ama private and humble citizen, an expreasion of the views and opinions l entertain, might form some little addition to the gene- ral stock of information, and affor small assistance in delivering our country from the perils amd dangers which surrouad it. I havo come here with no purpose to attempt to make n fine apesch, or any ambitious oral display. I haye brought with me no rhetorical bouquets to throw Jato this assemblage. In the circle of the year autumn has come, and the season of flowers has passed away — Inthe progress of years, my epring time has gone by, ond tbo rnd tne. suranin of life, and feel the frost rf age. My desire and aim are to address you, earnestly, calmly, seriously and plainly, upon the grave and mo- mentous subjects which have brought us together. And 1am moat solicitous that not a solitary word may fall from me, offensive to any party or person in the whole extent of the Union. f War, pestilence, and famine, by the common consent of mankind, are the three greatest calamities which can Defail our species; and war, as tho most direful, justly stands foremost aod infront. Pestilence and famine, no doubt for wise although inscrutable purposes, are infilc- tions ot Providence, to which it is our duty, therefore, to bow with obedience, humble submission and resigi tion, Their duration is not long, and their ravages are limited. They bring, indeed, great affliction whilst they last, but society soon recovers from their effects. War is the voluntary work of our own hands, and whatever reproachos it may deserve should be directed to our- selves. When it breaks out, its duration is indefinite sud uakeown—ita vicissitudes are hidden from our view. In the sacrifice of humanlife, and in the waste of human treasure, io its losses aod in its burthens, it af. fects both belligerent nations; and its sad effvots of man- gled bodies, of death, and of desolation, endure long af- ter ita thunders are hushed in peace. War unhinges society, disturbs its peaceful and regular industry, soatters poisonous soeds of disease and immorality, which continue togerminate aud diffuse their baneful influence long after it has ceased. Dazzling by ite glit- ter, pomp aad pageantry, it be spirit of wild ad- venture and romantic enterpri: often disqualifies those who embark in it, after ir return from the bloody fields of battle, from engagingyin the industrious and peacefal vocations of lite. We ara informed by a statement, which is apparently correct, that the number of our ovuntry: slain in this lamentable Mexican war, although it has yet been of only 18 months existence, is equal to one half of the whole of the American loss during the seven years war of the Revolution. And I venture to assert that the ex- penditure of treasure which it has occasioned, when it shall come to be fairly ascertained and footed up, will be found to be more than half of the pecuntary cost of the war of our Independence. And this is the condition of the party whose arms have been every* where and con- stantly victorious ! How did we unhsppily get involved in this war? It was predicted as the consequence of the annexation of Texas to the United States. If we had not Texas, we shouid have no war. The people were told that if that event happened, war would ensue. They were told that the war between Texas and Mexico had not been termi. nated by atreaty of peace; that Mexico still claimed ‘Texas es o revolted province; and that, if we received ‘fexas in our Union, we took along with her, the war ex- ating between her and Mexioo, And the Minister of Mexico formally announced tothe Government at Wash- ington, that his nation would consider the annexation of Texas tothe United States as producing a state of war. But all this was denied by the partizans of annex- ation. They insisted we should have no war, and even imputed to those who foretold it, slaister motives for their groundless prediction. But, notwithstanding a state of virtual war necessari- ly resuited from the fact of annexation of one of the belligerents to the United States, actual hostilities she have been probably averted, by pradence, moderation, and wise statesmanship. If General Taylor had been permitted to remain, where his own sense prompt- ed him to believe he ought to remain, at the polat of Corpus Christi; and if a negotiation had been opened with Mexico, ina true spirit of amity and conciliation, war possibly might beve been prevented. But, instead of this pacific and moderate course, whilst Mr. Slidell was bending his way to Mexico, with his diplomatic cre- dentials, General Taylor was ordered to transport his canson, and to plant them, in a warlike attitude, oppo- tite Matamoros, on the east bank of the Rio Bravo, witbia the very disputed territory, the adjustment of which was to be the object of Mr. Siidell’s mission. ‘What else could have transpired, but a conflict of arms? Thus the war commenced, and the President, after having produced jt, appealed to Congress. A bill wi proposed to raisé 60,000 volunteers, and inorder to com- mit all who should vote for it, a preamble was inserted, falsely attributing the commencement of the war to thi act of Mexico, I bayeno doabt of the patriotic mo- tives of those who, after struggling to divest the bill of that fingrant error, found themselves constrained to vote for it, But I must say that no earthly considera- tion would have ever tempted or provoked me to vote for a bill with o palpable falsehood stamped on its fac». Almost idolizing truth,asI do, | never, never, could have voted for that bill. The exceptionable conduct of the federal party, dur- ing the last British war, has excited an influence in the prorecution of the present war, and prevented s just discrimination between the two wars. That was a war of nationl defence, required for the vindication of the national rights and honor, and demanded by the indig- nant voice of the people. President Madison himself, [ know, at first reluctantly, and with great doubt and he- sitation, brought himself to the conviction thatit ought nd tobe declared. A leading, and perhaps the most influ- eatial member of his cabinet, (Mr. Gallatin) was, up to the time of its deslaration, op) to it. jut nothing gould withstand the irresistible foree of public senti- ment. It was ejust war, and its great object, as an- nounced at the time, was,“ Free trade and sailors’ rights,” against the intolerable and ve acts of British power on the ocean, The justice of the war, far from being denied or controverted, was admitted by the federal party, which only questioned it on conside- rations of policy. Bei berately and eonstitution- ally declared, it was, I think, their duty to have given it their hearty co-operation. But the mass of them did not, They continued to oppose amd thwart it, to dis- courage loans and enlistments, to deny the power of the eneral goveroment to march the militia beyond our li- nits, and to hold a Hartford convention, which, what- ever Were its real objects, bore the aspect of seeking a dissolution of the Union itself They lost, and justly lost, the public confidence. But has not an apprehension of a similar fate, in a state of a case widely different, re- prersed a fearless expression of their real sentiments in some of our public men? How totally variant is the present wor! This is no war of defence, but one unnecessary and of offensive ag- gression. It is Mextoo that is defending her fire-sides, hex castes, and her altars, and not we. And how dif ferent also 14 the conduct of the whig party of the p nent day from that of the major part of the federal ps ty during the war of 1812. Far from sptreecing any obsinoles to the prosecution of the war, if the whigs in cfilce are reproucbable et all, it is for having lent too ready # facility to it, without careful examination into the Objects of the war. And, out of office, who have rushed to the prosecution of the war with more ardor aud alacrity thea the whige? Whose hearts have bled more freely than those of the whigs? Who have more occasion to mourn the loss of sons, husbands, brothers, fythera, than whig pareuts, whig wives, and whig bro- thera, fa thie deadly and unprofitable strife ? Bat the havoo of war js in progress, and the no less deplorable havoo of an inhospitable and pestilential cli- mate Without indulging in an unnecessary retrospect and useless reproaches on tho past, ail hearts and heads should unite io the patriotic endeavor to bring It to a satisfactory close, Is there no way that this ean be done? Mast we blindly continue the confict, without any vis ble object, or any prospect of a definite termina- tion? This is the important subject upon which | desire to consult and tocommane with you. Who, in this free government, is to decide upon the cbjects of a war, at its commencement, or at any ti juring ite existence? 4 the power belong tothe nation, in the collective wisdom of the nation in Congr assembled, or is it vested solely in @ single fuactionary of the government? A declaration of war ts the highest and most awful exercise of sovereigaty. The convention which framed our federal constitution, had learned from the pages of history that it had been often and greatly al It had seen that war had often been commenced upon the most tuitling pretexts; that it had frequently been wa- god to estwolish or exolude & dynasty; to snatch a crown trom the head of one potentate and place it upon the head of anotber; that it hed often been prosecuted to promote alien and other interests than thore of the na- tion whose chief bad proclaimed it, as in tho case of English wars for Hanoverian interests; and, in short, that euch @ vast and beter elf ought not to be confided to the perilous exercise of one single maa. The convention, therefore, resolved to guard the war making power against those great abuses, of which, in the hands of a monarch it waseo susceptible And the secarity a ninst thoee abuses which its wisdom devised, was to : « the war making power in the Congress ofthe Unit- ti Sates, being the immediate representatives of the ye plo and the States. So apprehensive and jealous was tie convention of its abuse in any other haads, that it jnutordieted the exercise of the power to any State in the Union, without the consent ef Congress. Congrens, then, in otf system of government, is the sole deposito- ry of thet tremendous power, constitution prov: Congress shall ha: power to dvolore wee great lesooetod mares ome reprisal, to make rules concerning captures on land and water, to raise and support armies, to provide anf main- tain a'nevy,andto make rules for the government of the land and naval forces. ‘Thus we perceive that the Principal power, in regard to war, with all its auxiliary attendants, is granted to Congress. Whenever called upon to determine upon the rolemn question of peace or war, Corgress must consider and deliberate and de- cide upon the motives, objects and causes of the war.— And if a war be commenced without any previous de- claration of its objects, asin the case of the existing war with Mexico, Congress must necessarily possess the authority. at any time, to declare for what purposes it shall be further prosecuted. If we euppose Congress does not possess the controlling authority attributed to if it be contended that a war h: een once com- menced, the President of the United States may direct it to the accomplishment of avy objects he pleases, with- out consulting and without any regard to the will of Congress, the convention will have utterly failed in one the nation against the abuses and ambition of a single individual, Either Congress or the President, must have the right of determining upon the objects for which a war shall be prosecuted = ‘Th is no other al- ternative. If the President possess itand may prose- cute it for objects against the will of Congress, where is the differpnce between our free government and that of any other nation which may be governed by an absolute ar, Emperor, or Kiag? gress may omit, as it has omitted in the present war, to proclaim the objects for which it was commenced or has been since prosecuted, and in cases of such omis- sion, the President, being charged with the employment and direction of the national force, is, necessarily left to his own judgment to decide upon the objects to the taimment of which that forse shall be applied. whenever Congress shall think proper to declare, by some authentic act, for what purposes a war shall be commenced or continued, it is the duty of the President to apply the national force to the attainment of those purposes. In the instance of the last war with Great Britain, the act of Congress by which it was declared was preceded by « message of President Madison enu- merating the wrongs and injuries of which we com- plained agsinst Groat Britain. That me: 6. there- fore, and without it the well known objects of the war, which was a war purely of defence, rendered it neces- sary that Congress should particularize, in the act, the specific objects for which it was proclaimed. The whole world knew that it was a war waged for free trade and sailors’ rights, tation as to its exarciec; tl termination ofa war is by a treaty o fore, that the President and Senate must poi power to decide tipulations and condition: enter into such a treaty. But it is not more true that the President and Senate possess the treaty making power, without limitation, than that Congress posseeses the war making power, without restriction. These two powers then ought to be so interpreted as to reconcile the one with the ether; and, in expounding the consti- tution, we ought to keep constantly in view the nature and structure of our free government, and especially the great object of the Convention in taking the war makin power out of the hands of a single man, and heey itin the safer ge oe Mee the representatives of the whole na- tion. The desirable reconciliation between the two powers is effected by attributing to Congress the right to declare what shail be the objects of a war, and to the President the duty of endeavoring to obtain those ob- seis by the direction of the national force and by diplo- cy. 1am broaching no new and speculative theory. The statute book of the United States is full of examples of prior declarations by Conggess of the objects to be at- tained by negotiations with foreign powers, and the NEW. YORK, 'this moment go iuteresting, as the liber archives of the executive department furnish abundant evidence of the accomplishment of those objsots, or the attempt to eocomplish them, by subsequent negotiation. Prior to the declaration of the last war against Gieat Britain, in ail the restrictive measures which Congress adopted against the two great belligerent powers of Europe, clauses were inserted in the several acts catab- lishing them, tendering to both or either of the rents the abolition of ge jose restrictions if they would r peal their hostile Berlin and Milan decrees and orders in municated through the executive, by dipolm: to France and Great Britain, aa the basis upc! it ‘was proposed to restore frievdly intercourse with them So, atter the termination of the war, various acts of Congress were passed, from time te time, offering to foreign powers the principle of reciprocity in the com- merce and mavigation of the United S ith them. Out of these acts bave sprung a class, and class, of treaties (four or five of which were negotiated whilst Iwasin Lype em mre of State), commonly called re- ciprocity treaties, concluded undor all the Presidente, from Mr. Madison to Mr. Van Buren, inclusive. And, with to commercial treaties, negotiated with the sanction of prior acts of Congress, where they contained either ap) jons or were in conflict with unrepealed ver held as the republican doc- ete ge eaty sgh to the present — rn passage of acts of Congress was necoasary to secure the executien of th: reatios. If jn the mavter of foreign commerse, in respect to which the power vested in Congress to regulate it and the treaty-making power, may be regarded as copcurrent, Cougress cau previously decide; the objects to which negotiation ebali be applied, how much stronger is the case of war; the power to declare which is confided exclusively to Congress? I conclude, therefore, Mr. President and fellow-citi- zens, with entire confidence, that Congress has the right, either at the begloning” or during the prosecution of any war, to decide the objects and purposes for which it was proclaimed, or for which it ought to be continued. And, | think itis the duty of Congress, by some deliberate and authentic act, to declare for what objects the present war shull be longer prosecuted. I suppore the President would not hesitate to regulate his conduct by the pronounced will of Congress. and to em- ploy the force and the diplomatic power of ths nation to execute that will. But, if the President should decline or refuse to do #0, and, in contempt of the supreme authority of Congress, should persevere in waging the war, for other objects than those proclaimed by Con- gress, then it would be the imperative duty of that body to vindicate its authority by the must stringent end effectual, and ,appropriate measures. And, if, on the contrary, the enemy should refuse to conclude a treaty, containing stipulations securing the objects designated by Congress, it would beoome the duty of the whole government to prosecute the war, with all the national energy, until those objects were attained by a treaty of peace.’ There can be no insuperable difficulty in Congress mal ing such an authoritative declaration Let it resolve, simply, that the war shall, or shall not, be ‘8 war of conquest ; and, if a war of conquest, what is to be conquered. Should a resolution pasa, disclaiming the design ef conquest, peace would follow in leas than ty days; if the President would conform to his con- stitutional duty. Here, fellow-citizens,I might pause, having indicated a mode by which the nation, through its accredited and legitimate representatives in Congress, can announce for what purposes and objects this war shail be longer rosecuted, andcan thus let the whole people of the nited States know for what end their blood is to be farther shed, and their treasure further expended, in- stead of the knowledge of it being locked up and con- cealed in the bosom of one man. We should no longer Pereeive the objects of the war varying, from tims to tme, according tothe changing opinions of the Chief trate-charged with its prosecution. But I do not think it right to step here. It is the privilege of the people, in their primitive assemblies, and of every pri- vate man, er humble, to express an opinion in re- gord to the purposes for which the war should be con- tinued, and such an expression will receive just so much consideration and consequence as it is entitled to, and no more. Shall this war be prosecuted for the purpose of con- quering and annexing Mexico, in all ite boundless ex- tent, to the United States? 1 will not attribute to the President of the United States any such design; but I confoxs I have, been shocked alarmed by manifestations of it in various quarters. Of all the dangers and misfortunes which could befall this mation, | should regard that of ita be- coming a warlike and conqucring power the most dir ful and fatal. History telis the mournful tale of oo: quering nations and conquerors. The three most cel brated couquerore in the civilized world, were Alexa r, Cwsar and Napoleon, The first, after overranning @ large portion of Asia, and sighing and lamenting that there were no more worlds to subdue, met a premature and ignoble death. His Lieutenants quarrelied and warred with cach other, as to the spoils of his victori and finally lost them ail. Casar, after conquering Gaul, returned, with his triumphant logionr, to Kome, passed the Rubicon, won the battle of Pi alia, trampled upon the liberties of his country, and expired by the patriot hand of Brutus. But Rome ceased to be free. War and conquest ha ervated and corrupted the masses Tho spirit of true liberty was extinguished, and @ long line of Emperors succerded, some of whom were the most execrable monsters that ever existed in human form And that most extraordinary man, perhaps, in all history, after subjagating all continental Europe, oo- cupyig almost all its capitals, seriously threatening, ac- cording to Mr. ‘Thiers, proud Albion itvelf, and decking the brows of various membersof his family;with crowue torn from the heads of other monarchs, lived to behold his own dear France itself in the possession of his ene- mies, and was made himself a wretehed captive, and far removed from country, family, and friends, breathed his last on the distant and inhospitable rock of St. Helena. The Alpsand the Rhine had been claimed as the natural boundaries of France, but even these could not be se- cured jn the treaties to which she was reduced to sub- mit. Do you believe that the people of Macedon or Greece, of Rome, or of Franoe, were benefitted, indi- vidually or collectively, by the triumphs of their great captains? ‘Their sad lot was immense sacrifice of life, heavy and intolerable burdens, and the ultimate loss of liberty itself, That the power of the United States is competent to the conquest of Mexico is quite probable. But it could not be achieved without frightful carnage, dreadful » crifices of human life, the creation of an onorous national debt ; nor could it be completely effected, in all probability, until after the lapse of many years. It would be necessary to occupy all its strongholds, to dis- arm its inhabitants, and to keep them in constant fear and subjection. To consummate the work, I presume that standing armies, not less than a bundred thousand men, would be necessery, to be kept, perhaps, always in the bosom of their country. These standing armies, reveling i @ foreign land, aad accustomed to trample upon the liberties of « for People, at some distant day, might be fit and ready instruments, wader the lead of some daring and unprincipled chieftain, to return to their country and prostrate the public liberty, Supposing she onquest to be ones made, what is to be Py RE ON — penios, character and safety of our free institutions, to eep such @ great country as Mexico, with pees of not less than nine millions, in «state of constant military subjection ? Shajl it be annexed to the United States? Does any cousiderate man believe it possible that two euch im- mense countries, with territories of nearly equal extent, with populations so incongruous, #0 different in race, in lany @, in religion, and in laws, could be blended to- gether in one harmonious mass, and happily governed by one common authority? Murmurs, discontenty in- surrections. rebellion, would inevitably ensus, until the incompati parts would be broken asund 4 porsi- bly, in the frightful struggle, our present glorious Union iteelf would be di: ered or dissolved. We ought not to Siepes the wari yoice ef all history, which teaches the difficulty of combining and consolidating together conquering and conquered nations. After the lapre of eight hundred ye: during which the Moors held their conquest of Spain, the indomitable courage, perseverance and obstinacy of the Spanish race finally triumphed, and expelled the African invacers from the Peninsula.— And, even within our own time, the colossal power of Napoleon, when at its loftiest height, was incompetent to subdue and subjugate the proud Castilian. And in our own neighborhood, Lower Canada, which near hundred years ago, after th years war, was ceded France to Great Britain, re- foreign Jand In the midst of the Britieh pro- foreign in feelings and attachment, and fore , language and religion. And what has been the poor, gallant, generous ‘and oppressed Ireland ? Centuries have passed since the overbearing Saxon over. run and subjugated the Emerald Isle. Rivers of Irish blood have flowed during the long and arduous contest. Insurrection and rebellion have been order of the day ; and yet, up to this time, Ireland remains lien in fueling, affection and sympathy, toward the power which bas eo long borne her dowa. Every Irishman bate, with a mo 1 hatred, his Saxon ean eee x. Although there are great territorial differences betwoen the condi- tion of England and freland, as compared to that of the United States and)Mexico,there are some points of atelk- ing resemblance between them, Both the Irish and the Mexicans are probably of the same Celtic race. Both the English and the Americans are of the same Saxon origin. The Catholic religion predominates in both the former; the Protestant among both the latter. Religion has been the fruitful cause of di faction and dis- content between the Irish and the English nations. Is there no reason to apprehend that it would become 0 between the people of the United States and those of Mexico, if they were united Why should we seek to interfere with them in their mode of worship of ® common Saviour? We believe that the: especially in the exclusive character of their faith, and that we are right. They think that they are right and we wrong. What other rule can there be than to leave the followers of each religion to their own solemn ton- victions of ooncstentious duty towards God? Who, but the great Arbiter of the Universe, can judge in such a question? For my own part, I sincerely believe and hope that those who belong to all the departments of the great church of Christ, if, in truth and purity they con- form to the doctrines they profess, will ultimately secure ‘an abode in those regions of bliss which all aim finally toreach. I think that there is no potentate in Europe, whatever his religion may be, more enlightened, or at bead of the Papal Seo, ‘ut I suppose It to be impossible that those who favor, if there bs any who favor the annexation of Mexico to the United States, can think that it ought tobe perpetu- ally governed by military away. Certainly no votary of human liberty could deem it right thet a violation should be perpetaated of the great principles of our own revolution, according to which, lawa ought not to be enacted and taxes ought not to be luvied, without repre- sentation on the part of those who are to obey the one and pay the other. ‘Then, Mexico is to participate in our councils and equally share in our legislation and government. But, euppose sie would not voluntarily choose representatives to the,nationa! Congrees—is our soldiery to follow the electors to the ballot box, and by force to compel them, at the point of the bayonet, to deposit their ballots? And how are the nine millions of Mexican people to be represented in the Congr United States of America and the Congress of ted States of the Republic of Mexico combined? Is every Mextcan, without regard to oolor or caste, per capitum, to exercise the elective franchise? How is the quota of representation between the two republics to be fixed? Where is their seat of common government to be established? Aud who can foresee or foretell, if Mexico, voluntarily or by force, were to share in the common government, what would be the consequences to her or to us? Unprepared, as I fear her population yet is, for the practical enjoyment of self-government, and of habits, customs, langusge. laws and religion, so totally different from our own, we should present the revolting spectacle of a confused, distracted, and motley govern- ment. We should have Mexioan party, Pacific Ocean party, an Atlantic pariy, In addition to the other par- ties which exist, or with which we are threatened, each iving to execute its own particular views and purposes and reproaching the others with thwarting and disap- pointing them. The Mexican representation in Con- gress, would probably form a separate impenetrable corps, always ready to throw itself into the scale of any other party, to advance and promote int . Such # state of things could not long endure. Those whom God and geography have pronounced should live asunder, could never be permanently and harmoniously united together. » _ Do we want for own happiness or greatness, the addi- tion of Mexico to the existing Union of our States? If our population was too dense for our territory, and there wase difficulty in obtaining honorably the means of sub- sistence, there might be some excuse for an attempt to enlarge our dominions. But we have no such opology. We have already, in our glorious country, a vast and almost boundjesy territory. Beginning at the North in the frozen regions of ths British provinces. it stretches thousands of miles along the coasts of the Atlantic Ocean and the Mexican Gulf, uutil it almost reaches the tropics. It extends to the Pacific Ocean, borders on thore great inland seas, tho Lakes, which separate us from the possessions of Great Britain, and it embraces the great futher of rivers, from its uppermost source to the Balize, and the still longer Missouri, from ite mouth to the gorges of the Rocky Mountains. ‘It comprehends the greatest variety of the richest soils, capable of al- most ali the productions of the earth, except and coffee and the spices, and it includes every variety of climate; which the heart eould wish or desire. We have more than ten thourtad.millions of acres of waste and unsettled lands, enough for the subsistence of ten or twenty times our present pupulation. Ought we not to be satisfied with such a country? Ought we not to be profoundly thankful to the Giver of all good things for such a vest and bountiful land? Js it not the height of ingratitude to Him to seek, by war ana conquest, in- duiging in a spirit of rapacity, to acquire other lands, the homes and habitations of a large portion of his common children’? If we pursue the object ef such @ conquest, besides moitgaging the revenue and resources of this country for ages to come, in the form of on onerous natioual debt, we should have greatly to augment that debt, by an assump- tion of the sixty or seventy millions of the national debt of Mexico. For I take it that nothing is more cer then that, if we obtain voluntarily or by con- quest, a foreign nation, we acquire it with all the incum- brances attached toit. In my humble opinion, we are now bound, in honor and morality, to pay the just deit of Texas, And we should be equall Sound, by the same obligations, to pay the debt of Mexico, if it were annexed to the United States Of the possessions which appertain to man, in his cel- lective or individual condition, none should be preserved and cherished with more sedulous and unremitting care, than that of an unsullied character, It is impossible to estimate it too highly im society, when attached to an individual, nor can it be exaggerated or too greatly maz- nified ina nation. Those who lose or are indifferent to it, become just objects of scorn and contempt. Of all the abominable transactions which sully the pages of history, none exceed in enormity that of the dismember- ment and partition of Poland, by the three great conti- nental powers—Ruasia, Austria and Prussia. A, ‘atin, and detertabla deed. That was qacoae P y overwhelming force and the unfortunate existence of fatal dissensions and divisions in the bosom of Poland. Let us avold affixing to our name and nation- al character a similar, if not worse, stigma [am afraid that we do not now stand well in the opinion of other parts of Christendom. Kepudiation has brought upon us much Das et All the nations, I apprehend, look upod us, in the preseoution of the present war, as being actuated by a spirit o?rapacity, and an inordinate desire for territorial aggrandimment. Let us not forfeit alto- gether their good opinions, Let us command their ap- plaure by @ noble exercise of forbearance and justice. In the elevated station which we bold, we oa fely af- ford to practice the godlike virtues of moderation and magnanimity. The long series of glorious triumphs achieved by our gallant commanders and their brave armies, unattended by a single reverse, justify us, with- out the least danger of tarnishing the ‘national honor, in disinterestedly nolding out the olive branch of peace We do not want the mines, the mountains, the 1o0rasses, and the ster‘ie lands of Mexico. To her the loss of them would be bumiliatiag, and be » perpetual source of regret aud mortification. To us they might prove u fatal ac- quisition, producing distraction, dissension, division, possibly disunion, Let, therefore, the intogrity of the national existence and national territory of Mexico re- main undisturbed. For one, | desire to see no pert of her territory torn from her by war. Some of our people have placed their hearts upon the acquisition of the Bay of San Francisco in Upper California ‘To us, as 8 gi maritime power, it might prove to be of advantage here- after in respect to our commercial and navigating inte- ‘To Mexico, which can never be a great maritime power, it can never be of . If we can obtain it by fair purchase, with just equivalent, | should be happy to see it so acquired. As, whenever the M be found in that debt, our government assuming to pay to our citizens whatever portion of it may be applied to that object. But it should form no motive in the prose- cution of the war, which [ would not continue a rolitary hour for the sake of that harbor. But what, it will be asked, shall we make peace with- out any indemnity for the expenses of the war’ If the ublished documents in relation to the late negotiations tween Mr. Trist and the Mexican Commissioners be true, and I have not seon them any where contradicted, the Executive properly waived any demand of indemui: ty for the expenses of the war. And the rupture of that negotiation was produced by our government insisting ‘upon a session from Mexico, of the strip of mostly barren land between the Nueces and the Kio Bravo and New Mexico, which Mexico refused to make. So that we are now fighting, if not for the conquest of all Mexico, as {n- timated In some quarters, for that narrow strip, and for w BS ee a bu WEDNESDAY MORNING, NOVEMBER 24, fifteen millions of dollars, and it is, in my opinion, worth more than all of Mexico together. We bought Florida at five millions of dollars, and a hard bargain it was, since, besides that sum, we gave up the boundary of the Rio Bravo, to which, I think, we were enti! asthe western limit of the province of Louisiana, and were te- stricted to that of the Sabine. And,we are now, if not seeking the conquest of all Mexico, to continue this war indefinitely for the inconsiderable-objects to which I have just referred. But, it will be repeated, are we to have no indemnit: for the expenses of the war! Mexico is utterly unable to make us any pecuniary indemnity, if the justice of the war on our part entitied us to demand it. Her coun- try has been laid weste, her cities burned or occupied by our troops, her means so exhausted that she is unable to pay even, her own armies. And every day’s prose- cution of the war, whilst it would augment the amount of our indemnity, would lessen the ability of Mexico to pay it. We have seen, ,however, that there is another form in which we are to demand indemnity. It is to be territorial indemnity! I hope, for reasonsaiready stated, that that firebrand will not be brought into our country. Among the resolutions, which it iv my intention to present for your consideration at the conclusion of this address, one proposes, in your behalf nnd mine, to dis- avow, in the most positive manner, any desire, on our part, to sequire any foreign territory whatever, for the urpose of introducing slavery into it. I do not know at any citizen of the United States entertains such & wish, But such a motive has often been imputed to the slave States, and I therefore think it necessary to notice 1847. (The resolutions were given in our telegraphic report of this speech } After reading the rosolutions and,banding them to th Secretary, Mr. Clay concluded by logizing for the length of time which he had treepened upon the meet- ing, and thanking the ladies and gentlemen, most cor- dially, forthe honor done him by their attendance, on this occasion, and the profound sttention with which they bad listened to him. ‘The speech was often interrupted’by burats of applause, and both at its commencement and conclusion, there was tremendous cheering. Axwany, Nov. 22, 1847, The Generat Manufacturing Bill. I herewith transmit to you the detailed report made to the Senate this morning by Mr. Denniston, the Chair- man of the Senate Committee of Conference upon general manufacturing bill. This report presents extended view of the proceedings of the conference committee, and « detailed examination of the princip! of personal lability upon which the two houses disagree. Immediately after its presentation to the Senate | pro- cured s manuscript copy of it, which I now send to you exclusively, for publication. "The report is as follows :— Mr. Denxistox, from the joint committee of confe- re ted On the disagreement of the two houses | on the bill entitled “An act to authorise the formation of corporations for manufacturing, mining, mechanical, and chemical operations,” and on the part of tie confe- Toon appointed by the Senate, reports, that the said joint committee, have had not less than sight meetings ef | it on this occasion. My opinionson very are wellknown. ‘They have the » of consistency, uniformity, and long duration. ever regarded tlavery as a great evil, a wrong present, | fear, an irremediable wrong | victims. I should rejoice if no! i the air or was within the limits of ourcountry. But here they are, to be dealt with as well as we can, with a due consideration of all circumstances affecting the curity, safety and happiness of both races, Every State has the supreme, upcontrolled and exclusive power to decide for itself whether slavery shall cease or continue within its limits, without terior intervention from In States where the slaves outnumber is the case with several, the blacks could pated and invested with all the rights of freemen, without becoming the governing race in those States. Collisions and conflicts between the two races would be inevitable, and after shocking scenes of rapi and carnage, the extinction or expulsion of the blac! would eertainly take place. In the State of Kentucky, near fifty years ago, | thought the proportion of slaves, im comparison with the whites, was so inconsiderable that we might safely adopt a system of gradual emanci- pation that would ultimately eradicate this evil in our State. That system was totally different frem the im- mediate abolition of slavery for which the party of the abolitionists ot the present day contend. Whether they have intended or not, it is my calm and deliberate belief that they have done incalculable mischief even to the very cause whieh they espoused, to say nothing of the discord which has been produced between different part: ofthe Unien. According to the {system we attempted near the close of the last century, all s in being were to remain such, but all who might be born subse- quent to a specified day, were to beoome free at the age of twenty-eight, and during their service were to be taught to read, write and cypher. Thus, instead of being thrown upon the community, ignorant and un- prepared, as would be the case by immediate emancipa- tion, they would have entered upon the possession of their freedom, capabie, in ‘some degree, of enjeying it. After ® hard struggle, the system was defeated, and i regrot it extremely, as, if it had been then adopted, our State would be now nearly rid of that reproaoh. ‘Since that epoch, a scheme of unmixed benevolence bas sprung up, which, if it had existed at that time, would have obviated one cf the greatest objections which wae mado to gradual emancipation, which was the con- tinuaucoe of the emancipated sl<ves to abide among us. That scheme is the American Colonization Society. About twenty-eight years ago, a few individuals, myself amoog them, met dogsther in the city of Washington, ‘and laid the foundation of that Society. It bas gone on amidst extraordinary difficulties and trials, sustaining itself almost satire by spontaneous and voluntary con- tributions, from individual benevolence, without soa ly any aid from government ‘The colonies, planted under its auspices, are now well established commu ties, with churches, schools, and other institutions ap- pertaining to the civilzed They have made suc- cessful war in repelling and invasions by their barbarous and e urighbors, ‘They haye made treaties, annexe itories to their dominion, and are Dlessed with a free ropreeentative government. | re- cuntly (read # message from one of their Governors to their Legislature, which, in point of composition, and in ‘careful attention to the public affairs of their republic, would compare advantageously with the messages of the Governors of our own States. 1am not very supersti- tious, bat I do solemuly believe that these colonies ire blest with the smiles of Providence, and, if we may dare attempt penetrating the veil by, which he conceals his all-wise dispensations from murtal eyes, that he desigus that Africa shall be the refuge and the home ef the de- scendauts of its sons and daughters, torn and dragged ‘tine philantheoplo and consoling fetoction that. the t isa pl sn ing reflection that t! moral and physionl condition of the African tace in the United Staten, even ina state of slavery, is {ar better than it would have been if their ancestors had never been brought from their native land And if it should be the decree of the Great Ruler of the Universe that their descendants shall be made instrum His hands in the establishment of civilizati and the Christian religion throughout Africa, our regrets, on a6- count of the original wrong, will be greatly mitigated. It may be argued that, in admitting injustice of slavery, | admit the necessity of an instantaneous repa- ration of that injustice. Unfortunately, however, it is not al , practic le or possible, in the great movements of States and public affairs of nations, to remedy or repair tHe infliction of previous injustice. "In the inoeption of it, we may oppose and denounce it, by our most strenuous exertions, but, after its consumma- tion, there is often no other alternative left us, but to deplore its perpetration, and to acquiesce as the only al- ternative, in its existence, as less evil than the fright- ful {consequences which ‘might ensue from the vain en- deavor to repair it. Slavery is one of those unfortunate instances. ‘I'he evil of it was inflicted upon us by the parent country of Great Britain, against all the entrea- ties and remonstrances of the colonies. And here it is amongst and amidst us, avd we must dispose of it as best we can uoder all the circumstances which surround us. It continued, by the importation of slaves from Africa, in spite of colonial resistance, for a period of more than a century and a half, and it may require an equal or longer lapse of time before our country is entirely rid of tho evil. And in the meantime, moderation, prudence and discretion among ourselves, and the blessin; f Pro- vidence, may be all necessary to accomplish our ul- timate deliverance from it. “xamples of similar in- fliction of irreparable national evil and injustice might be multiplied to an indefinite extent. The case of the anuexation of Texas to the United States is a recent and au obvious one, which, if it were wrong, it cannot now be repaired. ‘Texas is now an integral part of our Union, with its own yoluntary consent. Many of us opposed the @inexation with horest zeal and most earnest exer- tions. But who would now think of perpetrating tho folly of casting Texus out of the confederacy and throw- ing her back upon her own independence, or into the arms of Mexieo? Who would now seek to divorce her from this Union? The Creeks and the Cherokee In- dians were, by the most exceptionable means, driven from their country, and transported beyond the Miss! sippi river. Their lands have been fairly purchased, and occupied by inhabitants of Georgis, Alabama. Mississippi, and Tennessee. Who would now con- ceive the flagrant imjustice of expelling those in- habitants and restoring the Indian country to the Cherokees and Creeks, under color of repair- ing original injustice? During the war of our revolu- tion, millions of paper money were issued by our an- cestors, a8 the only currency with which they could achieve our liberties and independence. Thousands and hundreds of thousands of families were stripped of their homes and their all, and brought to ruin, by giving oredit and confidence to that spurious currency. Stern neces- sity has prevented the reparation of that great national injustice. ut I forbear; I will no longer trespass upon your pa- tienoe, or further tex my own voice, impaired by arpeech of more than three hours duration, which professional duty required me to make only a few da; Ift been at all successful in the exposition of opinions which | entertain, ! have shown— lst. That the present war was brought about by the annexation of Texas andthe subsequent order of tho President, without the previous consent and authority of Congress. ad he Prosident, being unenlightened and unin- structed, by any public declaration of Con; ‘a8 to ob- jeots for whioh it ought to be prosecuted, conduct of it is, necessarily, left to his own sense of what the na- tional intereste and honor may require, 34. That the whole war making power of the nation, as to motives, causes and objects, 1s confided by the Consti- tution to tho discretion and judgment of Congr ith. That it is, therefore, the right of Congress, at the commen nt or duriog the progress of any war, to de- clare for what objects and purposes the war ought to be waged and prosecuted. h Thatit is the rightand duty of Congress to an- nounce to the nation tor what objects the present war shall be longer continued; that it 18 the duty of che Pre. sident, in the exercise of all his official fanctiens*to eon- form to and carry out this declared will of Congress, by the exercise, if necessary, of all the high powers with which heis clothed; and that, if he failor refuse to do #0, it becomes the imperative duty of Congress to arrest the further progress of the war by the most effectual means in its power. Let Congress announce to the nation the objcets for which this war shall be further protracted, and public suspense and public inquietade will no longer remain. If it is to be @ war of couquert of all, or any part of Mex- ico, let the people know it, and they willbe no longer agitated by a dark and uncertain future. But although | might have forborne to express opinion whatever as to purposes and objects for whichthe war rhould be continued, | have not chought proper to conceal my opin- ions, whether worth any thing or not, from the public examination. Accordingly I have stated, 6th. That itseems tome that itis the duty of our country, as well on the sore of moderation and magna- nimity, as with the view of avoiding discord and discon- tent at home, to abstain from seexing to conqaer and annex to the United States, Mexico or any part of it; and, espeoiully, to disabuse the public mind inany (uar- tor of th rnlen, of the impression, if it any where ex- ists, that @ desire for conqarst is cherished for the pur- pose of, Ing or extending slavery ! hove eatesie |, Mr. President and fellow-citizens, the sentiments and opinions which | have endeavored to ex- plain and enforoe, in a series of resolutions, which | beg ow to submit to your consideration and jugdment, They ‘ere the following: conference upon the important matter of differen submitted tothem. ‘The conferees on the part of each jouse manifested an anxious desire to compromise the subject of disagreement, and it in to be regretted that their delfberatious have resulted, as they commenced, in a very wide difference of opinion. The point of dif- ference between the conferees of the two houses, is, as to the perronal liability of the stockholders for the debts ions. They agreed in making stockhold y Hable for all debts due to Inborers, ser- vants and apprentices, for services performed fer the corporations, but for all other business debts the confe- rees on the part of the Assembly totally objected to any personal liability whatever. The conferees on the part of the #e1 insisted on what is called the * H y. be held individually liable for an additional amount, equal to the capital paid in, or in other words,toan addi- tional amount equal to the stock held by each one reepec- tively. ‘he conferees on the part of the Senate, insisted on this clause of limited individual liability,as a compro- mise of the difference between the two houses; wes, at the same time, they believed a msjority of the Senate would prefer a more stringent provision. ‘The joint committee of conference took up for consid bill as it passed the Senate, which ia, strictly the Assembly bill, as amended by the Senate. is made up as follows, viz : the first niue sections are copied substantially from the law for the formation of manufacturing corporations, of 1811; the!next ten sec. tions are taken from the bill a it passed the Assembly, and the remaining nine sections are new sections added in the Senate. The joint committee of conference adopted, witu unanimity, all of this bill as it passed the Senate, after making sundry unimportant amendments thereto, down to the twenty-fifth section. ‘This is the section containing the individual lability provision, known asthe “ Oriskany clause.” The conferees on the part of the Assembly, proposed to strike out this section, and insert nothing in its place; and the con- fereen, on the part of the Scaate, declined their propost- tion ‘The Senate conferees proposed a modification of the section, which was declined {Here follow the pro- positions which passed to and from the conferees, which ‘we omit, asa very full view of the subject is presented without them.] The conferees on the part of the Senate, avail themselves of the opportunity of stating, briefly, few propositions, which they believe to be true, and which have had « controlling influence over their deliberations. First—The members of a corporation should be held seatyidually, liable for the corporate debts as partners. It is difficult to conceive of a good reason why this pro- ripen should not be insisved upon to its full extent. ff stockholders should be held liable as partners, the creditor could collect his debt from the individual perty of any one of ther that of the corporation should be insufficient to pay it, while that stockholder could compel all his associates to contribute to ind: nify him rateably in proportion to the amount of their stock. This would result in making each member of the corporation liable for the corporate debts, rateably in proportion to the amount of stock held by him. rinoiple carried out , would ensure the greatest one in the management of every corporation,and would wor! well both tor the inter of the oorporators and the ople. te) iecond—The risk of insolvency and fraud should be imposed on the corporators, who receive the profits of the business and bave the management thereof, end not on the community, who deal with the corporators. One reason assigned by the opponents of the personal liabili- ty of corporators for the payment of dues from corpora- tlons, of which they are a part, is, that such Jiability would deter capitalists from subscribing for stock. They allege that capitalists are timid men, and while they might be wi to risk the amoant subscribed, the: ‘would not be willing to risk a greater amount. Theris to be incurred, it is said, would be the cause of their un- willingness to subscribe for stock. But the question arises, who ought to bear that risk—the corporators or those who with the corporation? A corporation, with a given capital invested in its business, makes its annual dividends of ten, fifteen, twenty, or, perhaps, thirty per cent om the amount paid in. These divi- dends go into the pockets ot the individual corpora- tors, ate invested asa part of their private fortunes, and are not to be reached by creditors in case of the insolvency of the corporation. When a corporation becomes insolyent, the capital paid in, it is alleged, is all that ought to be relied on for payment of dues. ‘That capital may be ren ger all, eye in robeceps ings and machinery, which may greatly depreciate in wales from use or from revulsions in the market for manufactured articles. The earnings of the corporation may, in a very fow years, far exceed in amount the capi- tal paid in; and being annually divided fener bpm og holders, may enrich them; while the capits! paid in, thus diminished in value, will be all that is left to pay outstanding dues to creditors. A general-law authoriz- ing the incorporation of companies, without adequate personal liability of stockholders, would afford grout fa- cilities and temptations for dishonest insolvency, and the risk of disaster and fraud would all be thrown upon the confiding dealers with the corporation, while the eorporators, who have received their rich profits, in the shape of dividends, would be proteeted from all risk — The conferees on the of the Senate believe that this risk of insolvenc: disaster to a corporation, which it is alleged would frighten capitalists, ought to be assumed by those who would reap the profits of the business, and ould not bethrown upon the community who deal with the corporation. Third —Legislative inventions ought not to be enact- ed to screen man from his individual liability—A natu- ral person is liable for his obligations and for ed Lon an ine duot,under all circumstances,bo law.’ When he transgresses the laws of upon himself pecuniary or other obligations which gieota to fullil, he munt answer individually for the misconduct before the tribunals of justice. The earnings of his industry cannot be snoually set apart and invested in bonds and mortgages or in houses end lands, and with the sanction of our statutes be protect- ed from his creditors, or from the penalties of law. If he sin against the moral law, he must answer in his own individual fer the offence before, his final Judge. This is the law of his beng, and from its jurisdiction he cannot escape—a law equal and just and universal in its operation. A natural person being a member of « cor- poration, frequently quiets his conscience by the refiec- tion that he aets as one of a beard of directors, and that the responsibility of his deeds is shared by his asso- ciates. Hence it often happens, that a board of corporations will perform deeds with impunity, which if done by any individual of them, would dishonor his name, Good morals forbid that the ture should unnecervarily step in and, by a legal inven- tion, merge individual into corporate liability. When corporations are necessary to induce the com- bination of capital aad labor for “useful purposes, let legal facilities be granted for their formation; but let also a wholesome individual liability of the corporators be impesed for the safety of the people, av well as to secure the integrity and success of the corporation. If a natu- ral person should come before the Legislature and peti- tion to be incorporated into a corporation sole, with the privilege of investing a given amount of capital in s business whith promised to be profitable to himself and useful to the public, and should ask forthe corporate privilege of making bis annual dividends to be set apart and screened from liability for his debts, and should fur- ther ask the Legislature to release him from all the hazards of his business beyond the amount of capital which he should at first invest, he would receive no favor at their hands. And where}is the difference whe- ther such privileges are conferred on one person or on three or more? ‘Fourth.—Faoilities ought not to,bs granted by the Legislature to capitaliata to engage in business tor gain, Ff unless they are willing to assume the common obliga- tions of individuals to pay their debts, ‘Ihe policy of alluring capital to concentrate its power, thus enablin; it to erect splendid facturing establishments, an give employment to labor, by granting to it jal privi- leges, is very attractive. But unless the paying policy is imy upon associated capital by the Legislature, as an indispensable law of its existence, lendid erections may prove to the community but as whited sepulchres, Individual enterprise ia doing wonders in the wey tion of wealth—in the development of the resources of our country—and in contributing to the necessities and enjoyments of man, Non-int rence by the govern- nent, with individual enterprise, except to protect it in the enjoyment of the fruits of its labor, should bea car- dinal maxim of legislation. To give special privileges to associated wealth, which are denied to individual enter- prise and capital, is, by the strong arm of the Legisla- ture, to discourage individaal exertion. The strong can override the weak with great facility withou’ legisiative nid. It may well be doubted whether any special privi- loges should be granted to associations to engage in any business which can as well be performed by individuals And certainly no exemption from the payment of dues, and no temptations to frand or insolvency, should be encouraged our ute book. Under the bill before the joint commits of conference to. be amended by the conferees on the as propored a | part of the Lay — jous may be formed for all ‘al and chemical opera- almost all tions. kinds of business ag = ip the oa ¥ or more persons may be incorporated under prnotioal operation ct the Dill might be, that every per- entering Into any business within the soos, of the 7, might proo a fow nominally- to un’ wi hisa to for me eorporsticn. ie could hold ninet; Tine hundredibs Of the stock, and of cours conteel business in thesame manner asanatural person controls his business. The difference would be, that the indivi- jal or natural person would be liable for all the debts he might imour, and for all the risks and perila of his transactions, to the full amount of bis property, sequired op investedin his business; while the other person, with the aid of his nominal associates, would be an incorpo- ration, with the special privilege of having all his pro- perty, except the sum at first invested in the business, exempt from all the perils of his operations, from iraud or misfortune, and from all the debtshe might incur bier as to his operatives, laborers and apprentices. This operate vely on individual manu- facturers and mechanics. They would find tions competing with them in every branch of ‘ee The great community oe ym porhaps, for a season, be able to purchase articies of manufacture and mechanical skill at cheaper rates; yet this apparent advantage would not compensate for the “diversified evil effests of destroying “ that equality whieh, placing no special pro- tection around one man, or set of men, generously leaves open to all an equal chance in the tt business of life, free as the air they breathe.” It is by no means disa- ‘seable to an American citizen, as he travels is country, to see the great structures with which man- ufacturing industry re dotted the land. They are evi- dence of enterprise wealth of which he may well be proud. ‘But greater pride and gratification are de- rived from witne i the prosperity of the individual citizen—from contemplating great moral element, unseen except im its benefits, which lies at the founda- tion of our national prosperity—that the patient toll of each individual, in his own sphere, is protected by equal laws. The legislation which best seoures the rewards of industry to each individual,is the best legislation for all. ‘The industry and careful frugality of the individual citizen are the life and basis of the public weal. To cherish these virtues among the People, by securing to them free scope and a fair field of com ce oer ing them in the full enjoyment of the fruits of in- dustry, is the paramouni say weed a be disol iving speci privileges to corporatio and adopt iioy which would build-up corporations to = business, T manufacturer, operating in an humble way on his own means, to gin slivelltioed im the community. Fifth—To adopt at this day a less ttriegent liability than the Oriskany clause, would be making « ret: step, and would disappoint the just expectations of the ple. The individual lability of corporators for the ebts of the corporation is not s new question in this State. Asvarly as 1611 the Legislature adopted in the general manufacturing law of that year, a sing on the corporators in every company s personal lis- bility for the corporate debts, to an amount equal to stock held by each one. This lw ia yet in force, and many companies have been established, and have prospered under it. Im 1817 and in 1927, the same degree of personal liability was inserted in all the bank charters granted those years. in the charters of the banke of Auburn, Geneva, Com- mercial Bank of Albany, and Dutchess County Bank, which are among our safest institutions. Neither the manufacturing law of 1811,tnor the bank charters allud- ed_ to, contain proper provisions for enforcing this lia- bility, yet the intemtion of the legislature is clearly man- ifest. ‘In 1844, the Oriskany Company epplied for a re- newal of their charter, and the same personal lisbility clause was inserted in the act of renewal; and from that time it is believed no manufact com) ceived a charter with 4 less pret a lial bee the Delakene clause. In 1846, @ general incorporation of manufacturing companies, sonteining the Oriskany clause, passed the House of Assembly wi but eight dissenting votes; and they were given by members who had insisted upon a more rigid Mability. Since that time, the convention has been held to amend the constitation, the provisions that instrument we draw to pass the a without, ‘any or rs, for the major of the corporate debts, which would bw the effect of the proposition of the oon- ferees on the part of the to strike out theonly section of the bill imposing. ability, would be an f the conatit — evasion of the requirei ° ta Section 2, article 6, of the Constitution, is in these words :— Dues from corporations be seoured b; such individual liability of the cor, = mesns &! If the bill should roposed to be stricken out by conferees on the part of the Assembly, the largest portion of the debts of the o jon would not be “secured” by any individual liability of the cor. porators whater any “other means,” unless ir, Or requiring the capital to be paid in before commencing business, and the few guards thrown around their trans- actions, be construed as such other means. It je evi thot the constitution requires more. “ Duesshall be cured,”’ are the words; and this requirement refers “dues,” without discrimination. To secure = can reasonably be saticipated ‘The word tase can reasonably be antio! word “secure: is the important word im this seetion of the con- stitution. To seoure the payment of “dues from corporations,” is the design of the section. The le of securing is by “such individual Mabilit; of the corporators and other means.” The ‘words “to secure,” according to Webster's dictionary, means “to guard effectually danger;”” “to make safe;” “to make certein;”’ “te put beyond hasard;”’ “to make oer- tain of payment, asto secure a debt by 3! Sto urs H Efe make certain of receiving s pecuniary bond, bail, surety or otherwise; an to secures . ‘The constitution selects no partioular “dues” thet shall be secured, but sare, “dues from corporations shall be secured;’’ evidently meaning all “dues” —“dues” to far- mers for wool, grain and other produce—“dues”’ to mer- chants, as well as “dues” to operatives, servants and ap- prentices. And these “dues” are not to be made se- cure in part only, but they are to be made abso- Se ee jedly a “by such bee lia- y 0 raters and other means, as ma; scribed by law. The PI ition of the reee om the part of the Assembly, would leave the part of the corporate del without any whatever, such aa the constitution requires, and com- timgencies would often occur when the pro- vided by the Assembly bill would be wholly inade- uate to secure them, Xperience abundantly proves. jut the *‘ other means,” cannot mean excl: ly, Te- quiring the capital to be paid in, for that principle bad long been settled, and no crying evil resulting from the want of that requirement, ni constitutional correo- tion. They may mean, throwing guards around the them fo make annual ‘statamentsrand pustantng. te m to make ann ents, aD officers for fraud; but allsuch means ‘would not be secu rity for “ dues,” but only an approximation te jt. may mean, requiring stooks or other securities to ited with some public officer, asin the ing law. If such be the meaning, thenthe in this—that no such security is required. pomaen of the “ dues” are not * secured’? “ bility of the corporators,’’ mor b: means.’ Nor are they “secured” by the dual liability of the corporators and “other in i, we subject a a conferees part of the Senate cam take, they are of opinion requirements of the constitution would be Se preven am of the conferees on the part of thi sembly, and that they have to the utmost of propriety In assenting to Umited individual bility on which have insisted) On ticnal grounds, fore, as well as om the of public policy, they believe that no for the formation of corporations, like the them, should pass without insisting om the paying policy, as an essential law of their corporate cS . Respectfully, and by order of the Committee of Con- ference on the part of the Senate, ROBERT DENNISTON, Chairman. Mr. Townsend concurs in above views, and Mr. Gridley dissents. Senate Chamber, Albany, Nov. 22, 1847. tips ier ie Ro EE Hi i f Roven anp Ruapy inws Empontum, ? Utica, Nov. 22, 1847. § The Weather—The Merchants—The Canal—The Mu- seum—The Hotele—The Herald—New Bank. ‘The winter is fast approaching upon us here, To-day the weather is extremely cold, and over coate are in great demand We had, the other night, quite « fall of snow, but it all disappeared the next day, leaving the atmosphere very cold, Our merchants here are doing a very heavy business; the side walks have!the appearance of many in your city, being piled full of merchandise; and everything in the way of business looks lively. The Brie canal will soon be closed; the line of packets are | beginning to haul off. Our museum here js doing a splendid business; and it isn wonder, when we have such ® man as Mr. Potter for erg He has : ———- array Of talent, jd with the accom: ed actress, Mrs. . they om Geawing wded houses of the fashion and élite of our cit ity. We Bave in this city a number of magnificent hotels, of or we mentee 2% porase of the most he , they are the following:— Baggs House, Centra Hatel,s Ameriaga, National 1» ( — backer.) Fran! jouse, am have more gentlemanly proprietors than the above. The New York Herald still continues to be the fevor- ite among our citizens. It has double and treble the cireulation here of anyother New York dally. It is rumored that ws are to haves new bank in this city, and it is said,it.will go into operation in about five or «lx months: We shall continue to correspond to your valuable sheet, and give you all newsof any interest thet may tranepire in our cit; ‘ada c. & CO, INTELLIGENCE FROM THE Pnovincae.—We have received papers from Halifax to the 19th instant. They contain no news. AtSt. John, N.B,, it was fear- od that the disastrous news from Eoglend would havo the effect to suspend operations in many of the ship yards and saw mills of that place, and thus throw many out of employment. This, with the teat influx of pau. per immigrants, to become « burden on the city, caused the inhabitants to fear a hard winter. Five ships, six barks and two brigs, bound up the St. Lawrence, ut up for the winter at St. John, fearing to trust to the ngerous navigation of that river at this incloment season Letters from St. Petersburgh, dated October d, state that for some anes jously heavy westerly en ales had be a ere, On the evening of fhe 22d, the w: fac vere so high, im consequence, ‘warm guns were fired. ‘A salute of one hundred gune iv at this moment fring, j to press, and flags are displayed in wail uence a our yiotor iva in Dexioo.— Buy dv, BOCA dmved