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

Newspaper of The New York Herald dated November 24, 1847 Page 1
Text content (automatically generated)

TH Vol. XIII. Roi ?'?.WbaU He. ft'Jlll. THE GREAT SPEECH Of Til K HON. HENRY CLAY, AT THE MASS MBBTXNO IS Lexington, Kentucky, OH SATURDAY, NOVEMBER 13, 1*47. Aft<r the organization of thx meeting, Mr. C*lt ro?? and addressed It. gubstantlanally, as follows: ? Lapiki and Ocntlimek : ? Th? (lay U dark and gloomy, unsettled and unoertalr, like tb? oonditton of our cuuutry, in regard to the unnaluril onrrlrh Mminn 'I'hn nnhlln mind 1* aaitutnil and anxioup, end is tilled with serlouH apprehension* as to its indefinite continuance. and especially as to the eons< q'tences whioh it* termination may bring forth, menacing ttao harmony, if not the existence, of onr Union. ? It is under then* circumstances, I present myself b?fore you. No ordinary occasion would hare drawn me from the retirement in which I live; but whilst a single pulsation of the human heart remains, it should, if neo*s??ry, bo dedicated to the service of one's country. And 1 have hoped that, although 1 am a private and humble eitiz'JO, an expreaslouof the views and opinions 1 entertain, might form some little addition to the general stock of Information, and afford a small assistance in d-Hverlng our country from the perils and dangers which surround it. I have come here with no purpose to attempt to make r line speech, or any ambitious oratorical display. 1 h*.*e brought with me no rhetorleal bouquets to throw Into thin assemblage. In the cirole of the year autumn h iho >me. and the season of flawers has passed away.? I it the progress of years, my spring time has gone by, ur.d I too am in toe autumn of life, and feel the frost of age. My deaire and aim are to address you, earnestly, CHlmly, seriously and plainly, upon the grave and momentous subjects which have brought us together. And I am most solicitous that not a solitary word may fall from me, offensive to any party or person in the whole extent of the Union. War, pestilence, and famine, by the common consent of mankind, are the three greatest calamities which can befall our species; aud war, as the most direful, juttly stands foremost and in front. Testiienoe and famine, no doubt for wis* although inserutable purposes, are infliction* ot Providence, to whloh it is our duty, therefore, to bow with obedience, humble submission and resignation. Their duration is not long, and their ravages are limited They bring,indeed, great affliction whilst they Inst, bat society soon recovers from their effects. War is the voluntary work of our own hauds, and whatever reDroaohes it rnav deserve should be directed to our brlveH. When it breaks out, Its duration is indefinite nnd unknown-its vicissitudes are bidden from our view. In the sacrifice of human life, and in the waste of human treasure, ia its loMes aad in its burthens, It affxts both belligerent nations; and its oadeffeots of man- ! gled bodies, of death, and of desolation, endure long after icx thunders are hushed in peace. War unhinged society, disturbs its peaceful and regular Industry, and scatters poisonous seeds of disease and immorality, which continue to germinate and diffuse their Dane.ful influence long after it has ceased. Dazzling by its glitter, pomp aad pageantry, it begets a spirit of wild adventure and romantio enterprise, and often disqualifies those who embark in it, after their return from the bloody fields of battle, from engaglnpin the Industrious un>i peaceful vocations of lite. We are informed by a statement, which is apparently oorrect, that the number of our oountrymen slain in tills lamentable Mexican war, although it has yet been of only 1# 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 expenditure 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 peeunlary cost of the war of our Independence. And this Is the condition of the party whose arms hare been every* where and con?u?a.Iah? i How did we unhtpplly gat involved in this war! It was predicted as ihu consequence of the annexation of Texas to the United States. If we had not Texas, we should have no war. The people were told that if that event happened, war would ensue. They were told that the Wat between Texaa and Mexico had not been terminated by a treaty of peaoe: that Mexico still claimed Texa* iis a revolted provinoe; and that, if we received Texas iu our Uoion, we took along with her, the war existing between her and Mexioo. And the Minister of Mexico formally announoed to the Government at Washington, that his nation would consider the annexation of Texas to the United States aa producing a state ef war. But all this was denied by the partisans of annexatlsn. They insisted we should have no war, and even imputed to those who foretold it, sinister motives for their groundless prediction. But, notwithstanding a stats of virtual war necessarily resulted from the faot of annexation of one of the hell tgurenie to the United Status, actual hostilities might have been probably averted, by prudenoe, moderation, and wise statesmanship. If General Taylor bad been permitted to remain, where his own good sense prompted him to believe he ought to remain, at the polat of Corpus Christi; and if a'negotiation had been opened with Mexioo, in a true spirit of amity and conciliation, war possibly might have been prevented. Bat, instead ( of this pacific and moderate course, whilst Mr Slidell was bending his way to Mexico, with his diplomatic credentials, General Taylor was ordered to transport his cannon, arid to plant them, in a warlike attitude, opposite Matamoros, on the east bank of the Kto Bravo, within the very disputed territory, the adjustment of which wss to be the object of Mr. Klldeli's mission What else could have transpired, bnt a conflict of arms ? Thus the war oommenoed, and the Tresldsnt, after having producedJt. appealed to Congress. A bill was propt'??u V.U r?ioc ow.ww Tuiuuiccip, mum luviuw w uuuimil all who should vote for it, a preamble wu inserted, falselv attributing the commencement of the war to the ao; of Mexloo. I have no doubt of the patriotic motives ot Hiostt who, after struggling to direct the bill of that flagrant error, found themaelves constrained to Tntei for it. But I must say that no earthly consideration would have ever tempted or provoked me to vote for it bill with a palpable falsehood stamped on it* faoi. Almost idolizing truth, as I do, 1 never, never, could have voted for that bill. The exceptionable conduct of the federal party, duriug this last British war, has excited an influence in the proeecutlou of tho present war, and prevented a just discrimination between the two wars That was a war of natlonM dofenoe, required for the vindication of the national rights and honor, and demanded by the indignant vice of the people. President Madison himself, I know, at first ruluolantly, and with great doubt and hesitation, brought himself to the oonviotion thatlt ought to be daolared. A leading, and perhaps the most influential momber of hi* cabinet, (Mr. Gallatin) was, up to the time of Its deeiaratlon, oppoaed to it. But nothing gould withstand the irresistible force of publio sentiment. It was a just war, aad Its great object, as announced at the time, was, " Free trade and sailors' right*," ng*lnst the intolerable and oppressive act* of Brftish power on the ocean. The justioe of the war, fir from being denied or controverted, was admitted by ihe federal party, which only questioned it on oonalde r&llODB 01 policy. ueiug ueu Derate ty mu qudbwiiuviod* I ?Jly declared, it vm, i think, their duty to h&ye giren It their li-arty co-op?ratlon. But tb? dmi of them did not. They oontiuued to oppose ud thwart It, to discourage lo.infl and enlistments, to deny the power of the general government to mareh the mlliti* beyond our ii- j in its, and to hold a Hartford convention, whiah, whatever were its real object*, bore the aspect ol seeking a dissolution of the Union itself They lost, and justly lost, the public confidence. But has not an apprehension or a similar fate, in a state of a case widely different, reprci s*d a fearless expression of their real sentiments in some of our pulilio men T j Mow totally variant is the present war ! This Is no war of defoueH, but one unnecessary and of offensive aggrtsslon It is Mexico that is defending her Hre-sid?s, hei c?silca, and ber altars, and not we. And bow dif lereut aluo is in* conduct of the whig party of the presunt d*y froin that of the major part of the federal party duriug the war of lhl'j. Far from interposing any obstacles to the prosecution of the war, if the whigs in cfiice are reprottc liable at all, it is for having lent too rvsdy a facility to it, without careful examination Into the objects of the war. And, out of oflloe, who have rushed to the prosecution of the war with more ardor aii'l alarrl'y tli?n the whigs? Whose hearts have bled more freely than those of the whig* ? Who have more oooa?ion to mourn the loss of sons, husbands, brothers, fatbits, than whig parents, whig wives and whig bro tilers, lu thin <le?dly aua unprootnoie stnie r But the linvooof war U In progress, aud the no lost d'ploiat'!? hifor of ho inhospitable and pestilential climata Without indulging In an unneU?*g?ry retrospect and useless reproaoh-s on th? past, all hearts and heads should unite to the patriotic endeavor to nrlng It to a satisfactory olose Is there no way that this can be <l .m-? Must we blindly ooutlnne the conflict, without any vis b!e object, or any prospect of a definite teriulnati >ri' i bis la the important subject upon whloh I desire to consult and to commune with you Who, In this free government, is to decide upon the objects of a war, at its commencement, or at any time during its existence? I)"?s the p ?wer belong to the natirn, in the collective wisdom of tho nation in Congress assembled, or la It vested solely in a single functionary of th? government? A declaration of war te the highest and most awful exorcise of sovereignty. The convention which framed our federal constitution. had learned from the pages of history that it had been often and greatly abused It had seen U, at war had often been commenced upon the moft (.titling pretexts; (hat It had frequently been waH'jtl to esiatillsh or exolude a dynasty; to snatch a crown it'ooi tho head of one potentate and place It upon the t ad of another; that it had often been prosecuted to j>;oino*.e alien and other Interests than those of the nation whJse ohluf bad proclaimed It, as In tho cane of I ngll*h wars for Hanoverian interest*; and, in short, that such a vast and tretbendoue power ought not to be confided to the perilous exerel?e of one single man. The ojuveution, therufore, resolred to guard the war malting pow?r against those great abuses, of whloh, In the hands < f a monarch It was so susoeptlble And the security h Si 11st (hose abuses whioh its wisdom devised, was to x ih- w*r making power in the Congress of Unit, i .ies, belnr; tae Iminndiitte representatives of the y, ,11., uod the Stales. So apprehensive and Jealous was tii" < nvrriUnn of its abusx in any other hands, that It luli'Kliiiled toe i xerclse of the power to any State In the Union, without the consent ef Congress. Congress, then, In ollt sjetem of government, is the sole depotitoiy of that tremendous power. J,'he constitution provides Ibil Congress shaU hav? fmt H iiMim m Ml (Mt Mtm tf ?nw mi ? NE NEW reprlcal, to make rule* concerning captures on land and water, to raise and support urrales, to provide and maintain a navy, and to make rules for the government of the land uad naval forces. Thus we pi-rcelve that the principal power, In regard to war, with all Its auxiliary attendants, is granted to Congress. Whenever called upon to determine upon the solemn question of peace or war, Cocgresa roust consider nnd deliberate and deolde upon th* motives, object* ami causes of the war ? And if a war be oommenc^d without any previous declaration of its objects, as in the cus of the exifting war with Mexico, Congress must necessarily possess the authority, at any time, to de cUr? for what purposes it shall be further prosecuted. If we suppose Congress does not poaanst the controlling authority attributed to it; if it be oontended that a war having been once commenced, the President of the United States may direct it to the accomplishment of any objects he pleases, without consulting and without any regard to the will of CongreM, the convention will have utterly failed la guarding the nation against the abuses and ambition of . .wuiriuuni, r.liurr * UUgri39 Or tfl*5 ITWIUfm, must have the right of determining upon the object* for whloh a war shall lx> prosecuted There is no other alternative. If the President possess it and may proe?outs ft for objects against the will of Congress, wVre is the difference between our frne government and that of any othar nation which may be governed by an absolute Cur, Emperor, or King? Congress may omit, ai It has omitted in the present war, to prooUim the objects for which It waa commenoed or has bmn since prosecuted, and In oases of *uoh omission, the President, being chirged with the employment and direotiou of the national force, is, necessarily left to hi* own Judgment to deoide upon the objects to tha attainment of whloh that forse shall be applied. But whenever Congress shall think proper to declare, by some authentic act, for what purposes a war shall be oommenoed or ooutinued, It is the duty of the President to apply the national force to the attainment of those purposes. In the lnstanoe of the last war with Great Britain, the act of Congresa bv which it waa declared was preceded by a message of President Madison enumerating the wrongs and injuries of which we complained against Great Briteiu. That message. therefore, and without it the well known objects of the war, which was a war purely of defence, rendered it necessary that Congrexs should particularize, In the act, the specific objects for which it was proclaimed The whole world knew that it waa a war waged tor freu trade and sailor*' rights. It may be urged that the President aud Senato possess the treaty making power, without any express limitation ad to Its exercise; that the natural aad ordinary termination of a w*r is by a treaty o 1 peace; and, therefore, that the President and Senate must possess tha power to deoide what stipulations and conditions shall 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 possesses 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 constitution, we ought to keep constantly in view the nature and structure of oar free government, and especially the great object of the Convention iu taking the war making power out of the hands of a single man, and plaoing it In the safer custody of the representatives of the whole nation. The desirable reconciliation between the two powers U effected by attributing to Congress the right to declare what shall be the olijeots of a war, and to the President the duty of endeavoring to obtain those objects by the direction of the national farce and by diplomacy. i am broaching no new and speculative theory The statute book of the United States is full of examples of prior declarations by Congjpss or the olj-cts to be attained by negotiations with foreign powers, and the archives of the exeoutive department furnish abundant evidence of the accomplishment of those objtiotHj "r the iu BooumpiiBa ia?m, oy suoscqueut negotiation Prior to tbe declaration of the list war against Uieat Britain, la all the restrictive measures which Congress adopted against tbe two great belligerent powers ot Kurope, clauses were inserted in the several aots establishing them, tendering to both or either of the belligerents the abolition of those restrictions If they would repeal their hostile Berlin and Milan decrees und orders In council, operating against our ooinmerre and navigation. An4 these aots of Congress were invariably communicated through the exeoutlve, by dlpolmado notes, to France and Urtat Britain, as the basis upon which it was proposed to restore frle.dly intercourse with them So, a'ter the termination of the war, various acts of Congress were passed, from time I* time, .offering to foreign powers the principle of reciprocity in the commerce and navigation of the 1'nlted Status with them. Out of these aots have sprung a class, and a large class, of treaties (four or five of which were negotiated whilst 1 was in tbe department of State), commonly called reciprocity treaties, ooncluded under all the Presidents, from Mr. Madison to Mr. Van Ituren, inclusive. And, with regard to commercial treaties, negotiated with th? sanction of prior acts of Congress, where they contained either appropriations or were in oonfllct with unrepealed statutes, H has been ever held as the republican doctrine, from Mr. Jay's treaty dowu to the present time, that the passage of aeti of Congress was necossnry to secure the execution of those treaties. If in the matter of foreign coaamerwe, in respect to wbloh tbe power vested in Congress to regulate it and the treaty-making power, may be regarded as coocurreut, Congress cau previously decidejjttte objects to which negotiation shall be applied, how muoh stronger is the case of war ; th.) power to declare which is confided exclusively to Congress ? 1 conclude, therefore, Mr President and fellow-olUzens, with entire confidence, that Congress bai the right, either at the beginning, or during the prosecution of any war, to decide the objects and purposes for which It was proclaimed, or for wbicli it ought to be oontlnued. And, I think it Is the duty of Congress, by some deliberate and authentic act, to declare for what objeots the present war shall be longer presecutud. I suppose the President would not hesitate to regulate bis oonduct by the pronouuced will of Congress, and to em1H? fnr^m th? rlinlnmatU aaw.* " execute tint will, lint, If tbe President should dfcline or refuse to do to, and. in contempt of the supreme authority of Congresa, should persevere in waging the war, for other objects than tboio proclaimed by CongreM, then It would be the imperative duty of that body to vindioate it* authority by the most stringent and effectual, and ^appropriate meaeuree. And, it, on the oontrary, the enemy should refuse to conclude a treaty, containing stipulation* scouring tbe objects designated by Congress, It would beoome the duty of tbe whole government to prosecute the war, with ait the national energy, until those objects were attained by a treaty of peace. There can be no insuperable difficulty in Congress making such an authoritative declaration Let it rtsolve, simply, that the war shall, or shall not, be a war of conquest; and, If a war of conquest, what is to be oon<(uered. Should n resolution p.us, disclaiming the dtsign of eoouuest, peace would follow in less thin sixty days, if the President would conform to his constitutional duly. Here, fellow-oitiaens, I might pause, having indicated a mode by which tbe nation, through its accredited and legitimate representatives in < 'ongress, can announce for what purposes and objects this war shall be longer Broseeated, and can thus let the whole people of tbe 'nlted States know for what end their blood is to be further shed, and their treasure further expended, instead of th? knowledge of it l>*ing locked up and con MM in MM bosom of one man. We should no longer perceive the objects of the war varying, from time to time, according to the changing opinion* of the Chief Magistrate charged with It* prosecution. But 1 do not think it right t? step here. It la the privilege of the people, In their primitive assemblies, and of every private man, however hnmble, to express an opinion In re gord to the purpose! for which tha war should be continued. and sach an expression will receive just so much consideration and eonaequence as it is entitled to, and no more. Shall this war be proseouted for the purpose of conquering and annexing Mexloo, In all it* boundless extent, to the United States? I will not attribute to the President of the United States any such design; but I confer I have..been shocked and alarmed by manifestations of It in various quarters. Of all the dangers and misfortunes which could befall this nation, I should regard that of its becoming a wailike and conquering power the most direful and fatal History tells the mournlul tale of conquering nations aud conquerors The three most celebrated couquerors in the cl?tliied world, were Alexander, tmsar and Napoleon. The first, after overrunning a large portion of Asia, and sighing and lamenting that there were no more worlds to nubdue, met a premature and Ignoble death. His Lifutenants quarrelled and wnrr-'U with cach other, aa to the spoilt ot his viotories, and finally lost them all Crnsar, after conquering Haul, returned, with his triumphant legions, to Koine, passed the Rubicon, won the battle ot ?b?raslia. trampled upon the liberties of hla country, and expired by the patriot hand of Brutus. But Rome ceased to be free. War and oonquust had enervated and corrupted the masses The spirit of true liberty was extinguished, and a long lloe of Kmpsrora auccut ded, some of whom were the most execrabl* monsters that ever existed in human form And that most extraordinary man, perhaps, in all history, after subjugating all continental Kurope, ooeupTirg almost all its capitals, seriously threatening, according to Mr. Thiers, proud Albion iteelf, aud decking I the brow* of various mttroberaof his faally^wlth erowus torn from the heads of other moaarchs, lived to behold I his own dear Kranoe Itself in the poaaeasion of his ene| uiies, and was made himself a wrrtehnd oaptlve, aud lar 7< 1 ""uiu, nrHsinna nil last on the dintant unci inhospitable rook of flt. Helena. The Alps Rod th? Rhine had been claimed as the natural boundaries of Krauce, but even theao could not be secured in the treaties to which she wai reduced to ?ubmit Uo you believe that the people of Macedon or Oreeee, of Rome, or of Kranoe, were benefitted, individually or oolleotively.by the triumph* of their grtat captaina ? Their ?ad lot wm Immense sacrifice of life, heavy and intolerable burdens, and the ultlm.tte lota of liberty itaelf. That the power of the IInlte-i Statea la oompetent to the oonqueit of Mexico la quite probable. But It oould not be achieved without frightful earnage, dreadful lacrlflcea of human life, and the oreatlon of an onerous national debt ; nor could it be completely effected, In all probability, until after the lapse of many years It would be neceaaary to occupy all its strongholds, to disarm its inhabitants, and to keep them In constant fear and subjection. To consummate the work, I presume that standing armies, not lees than a hundred thousand men, would be neoeaaery, to be kept, perhaps, always In the bosom of their country Tbese aUudlng armies, revelling in a foreign land, aud accustomed to trample upon the liberties of a foreign people, at some distant day, might be flt and ready instruments, uader the lead of some daring and unprtnolpled ohieftaln, to return to their country and prostrate the public liberty Supposing the couqueat to b? otee made, what la to be done with it ? It It to be governed, like Jtaman pro. tImm, by nmuli l WwWrtfci tmyfttlfcu with Km :w re T. YORK, WEDNESDAY I genius, character snd safety of our free institutions, to keep such a great country as Mexico, with a population of not leu* than nine millions, In a state of constant military subjection ? Shajl it be annexed to the United States ! Does any considerate man bfilleve it possible that two such immense countries, with territories of nearly equal extant, with populations so incongruous, so different in race, in language, in religion, and in laws, oould be blended together In one harmonious mast, and happily governed by one ootnmon authority? Murmurs, discontent. Insurrections. rebellion, would inevitably epsus, until the incompatible parts would be broken asunder, and possibly, In the frightful struggle, our present glorious Union lta?lf wrnld be dissevered or dissolved We ought not to forget the warning voice af all history, whioh teaches the difficulty of ocinbinlng and consolidating together conquering and oonquered nations. After the lapse ef eight hundred years, during which the Moors held their oonquest of Spain, the indomitable oourage. perseverance and obstinacy of tho Spanish race Anally triumphed and expelled the African Invaders from the Peninsula.? And, even within our own time, the oolossal power of Napoleon, when at Its loftiest height, was incompetent to subdue and subjugate the proud Castiilan. And here, in our own neighborhood. Lower Canada, wbioh near one hundred years ago, after the conclusion of the seven years war, was ceded by France to Great Britain, remains a foreign land In the midst of the Brlttch provinces, foreign In feelings and attaohment, and foreign In laawa, language and religion And what baa been the fact with poor, gallant, generous and oppressed Ireland ' Centuries have passed since the overbearing Saxon overrun and subjugatod the Kmerald Isle, luveis of Irieh blood hav* (lowed during the long and arduous contest. Insurrection and rebellion have been the order of the day ; ami yet, up to this time, Ireland remains alien in feeling, affection and sympathy, toward the power which ban so long borne her down, Kvery Irishman bates, with a mortal hatred, his Saxon oppressor. Although there are great territorial differences between the condition of Kngl&nd and Ireland, as oompared to tbat of the United StatesandlMexico,there are soma points of striking resemblance between them. Both the Irish and the Mexicans are probably of the same Celtic race. Doth the Knglish and the Americans are of the same Saxon origin. The Cathollo religion predominates in both the former; the Protestant among both the latter, Jlellgion has been thu fruitful cause of dissatisfaction and disoontent between the Irish and the Knglish nations. Is there no reason to apprehend that it would become so between the peopl* of the United States and those of Mexloo, if they w?re united together ' Why should we seek to Interfere with them in their mode ot worship of a common Saviour ' We believe that they are wrong, 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 ther? be than to leave the followers of each religion to their own solemn Convictions of ooncslentious duty towards God f 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 conform to the doctrlnrs they profess, will ultimately secure an abode in those regions of bliss which all aim finally to reacn. 1 tninK that tnere is no potentate In Europe, whatever hiii religion may be, more enlightened, or at ' this moment so Interesting, as the liberal bead of the Papil See. but 1 nuppoFe it to be impossible that those who favor, if there b" any who favor the annexation of Mexico to the United States, can think that it ought to be perpetually governed by military sway. Ceitaiuly no votary of human liberty could deem it right that a violation should be perpetsated of the great principles of our own revolution, according to which, laws ought not to be enacted and taxes ought not to be levied,without representation on the part of those who are to obey the one and pay the other. Then, Mexico 1b to participate in our oounoils and equally share in our legislation and government. But, suppose ue would not voluntarily choose representatives to the.national Congrers?is our soldiery to follow the eleoters to the ballot box, and by force to compel tbem, at the point of the bayonet, to deposit their ballot* .' And how are the nine millions of Mexican people to be represented In the Congress of the United State* of Amerioa and the Congrei* of the United State* of the Republic of Mexloo combined T Is every Mexican, without regard to oolor or caate, ptr capiium, to exeroise the elective franchise ? How is the quota of representation between the two republics to be fixed? Where i* their seat of common government to be established ? And 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 1 Unprepared, as I fear her population yet is. for the practical erjoyment of self-govurnment, and of habit*, customs, langUMge.law* anu religion,so totally different from our own, we should present the revolting spectacle of a confused, distracted, and motley government. We should have a Mexloen party,* Pacific Ocean nartv. an Atlantic Dartv. in addition to the other oar tiei "which exist, or* with which we are threatened, each striving to execute it* own particular view* and purposes and reproaching the others with thwarting and disappointing them. The Mexican representation in Congress, would probably form a separate ana impenetrable corps, always read/ u> throw iUelf into the scale of any other party, to adraao* and promote Mexican internet* Such n state of thlngi oould not long endure. Those whom Uod and geography have pronounced should live asunder, could never be permanently and harmoniously united together. . . Do we want for own happiness or greatness, the addition of Moxioo to the existing Union of our States ' If our population was too d?*nr.n for our territory, and there win a difficulty In Obtaining honorably the mtans of subsistence, there might be some excuse for an attempt to enlarge our dominions. But we have no such apology. We have already, in our glorious oountry. a vast and almost bouniljese territory. Beginning at the North in the frozen regions of ths British provinoes. it stretches thourands of miles along the roastN of the Atlantic Ooean au l the Meiicnn Gulf, until it almost roaches the tropics It extends to the I'ucitic Ocean, borders on thoiie great Inland peas, tin L'tkes, which separate us from th? possessions of Great Britain, and it embraces the great lather of rivers, from its uppermost souroe to the Ballle, and the still longer Missouri, from its mouth to the gorges of the Kooky Mountains It comprehends the greatest variety of the richest soils, cepable of almost all the productions of the earth, except tea and coffee and the apices, mu<1 It includen every variety of climate. which the heart aould wiah or desire. We have mere than ten thoumad millions of aorea of wiutf and unsettled lauds, enough for the subsistence of tan or twenty tlmea our prenent pupulation. Ought we not to be satisfied with such a country .' Ou^tit we not to be profoundly thankful to the Olver of all good things for auoh a vast and bountiful Und T la It not the height of Ingratitude to Him to seek, by war anil conquest. indulging in a apirit of rapacity, to acquire other laula, the homes and habitation;, of a large portion of hla oomtuon children ? If we pursue the object f auoh a conquest, besides mortgaging the revenue and resourcaa of thla country for age? to coain, In the form of an onerous natioual dilit, we should have greatly to augment that debt, by an assumplion of the sixty or seventy millions of the national debt of Mexico For I take it that nothing ia more certain than that, if we obtain voluntarily or by oonqueat, a foreign nation, we acquire it with all the Incumbrances attached to it. In my humble opinion we are | now bound, in honor and morality, to pay the just de t of Texaa. And we should be equally bound, by the j same obligations, to pay the debt of Mexico, if it were annaxed to the United States Of the poaseasiona which appertain to min, in hla oel- j lective or individual condition, none ahould be preaerved and cherlahed with more aedulous and unremitting care, than that of an unsullied character. It Is impossible to estimate it too highly in society, when attaohed to an Individual, nor cau it be exaggerated or too greatly magnified in a uatisn Thoae who lose or are iudiffrrent to it, become juat objects of acorn and contempt. Of all the abominable transactions which nullv the p*gea of history, none excetd in enormity that of the dismemberment and partition of I'oUnd. by the three great continental powers - Kuaaia, Austria and Prussia. Ages may paaaaway. and centuriea roll around, but as long aa human recorda endure, all mankind will unite in execrating the rapacious and detestable deed. That was accomplished by overwhelming force and the unfortuuate existence of fatal dissenaions and diviaiona In the bosom of Poland. Let u* avoid affixing to our name and national character a similar, If not worae, stigma I am afraid that we do not now stand well lu the opinion of other parts of Christendom Hepudlation has brought upon us much reproach All the ntllona, I apprehend, look upon us, In the preseoution of the pros-lit war, ai being actuated by a spirit o'rapaclty, and au inordinate desire lor territorial aggrandinemeut. Let us not forfeit altogether their good opinions. Let us command their applause by a noble exercise of forbearance and justice. In the elevated station which w? hold, we nan safely afford tj practice the godlike virtues of moderation and magnanimity. The long series of glorious triumphs acnievej Dy our gunani cnmroanuers una ineir brave armies, unattended by a nin^ln reveise, justify us, without the l*Mt danger of Urnlnhlng the national honor, In disinterestedly noldlng out the olive branch of p-'ace \V'? do not want the mln*s, the mountain*, the morasses, and the ster'le lands of Mexico To her the low of th*m would be buiniliati'jg, in 1 bn k perpetual eouroe of regret and mortification To uh they might prove it fatal acquisition, producing distraction, dissension, division, possibly disunion. Let, therefore, the integrity of the national existence and national territory of Mexico remain undisturbed Kor one, I desire to fire uo part of her territory torn from her by war Some of our people have placed their heart* upon the acquisition of the Day of San Kranclsco In Upper California To us, an a great maritime power, It might prove to be of advantage hereafter In respect to our commercial and navigating interest*. To Mexico, which can never be a great maritime power, it can never be of muoh advantage. If we can obtain it by fair purchase, with a juac equivalent, 1 hould be bitppy to see it so acquired. As, whenever the war ceases, Mexico ought to be required to pay the debts due our citizeus, perhaps an equivalent for that Bay may be found In that debt, our government assuming to psy to our citixens whatever portion of it miy be applied to that object. But It should form no motive in th? prosecution of the war, which I would not continue a solitary hour for the sane of that harbor. But what, it will be asked, shall we make peace without any Indemnity for the expenses of the war ' If the published documents In relation to the late negotiations between Mr. Trlat and the Mexican Commissioners he true, and I have not seen them any where contradicted, the Executive properly waived any demand of indemnity for ths expenses of the war. And the ruptura of l hut negotiation was produced by our government insisting upon a session from Mexico, of the strip ot mostly barren land between the \aeoea a id the Kio Bravo and New Mexloo, which Mexico refused to make. Ho that we are now fighting, If not for Uie conquest of all Mexloo, as Intimated la some quarters, for tnat narrow strip, an i for the barren province of New Mexico, with it* few misersM?aia?. WaktasfciaUttoymisM tfUiiiteMfof IRE 1

CORNING, NOVEMBER fifteen million* of Jollari, and It in, In my opinion, worth mora than nil of Mexico together. We bought Florida at five millions of dollars, and a hard bargain it was, since, beniden that sum, we gave up the boundary of the Rio BraTo, to which, I think, we were entitled, as the western limit of tli? province of Louisiana, and were restricted to that of the Sabine. Andjwe are now. If not saeking the conquest of all Mexico, to continue this war indefinitely for the lnconsiderakle objects to which 1 have jurft referred. But, It will be repeated, are we to hare no indemnity for the exp.'imes of the war' Mexico is utterly unable to make us any pecuniary Indemnity, if the justice of the war on our psrt entitled us to demand It. Her country has been laid wmitn, 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 prosecution of the war, whilst it would augment the amount of our indemnity, would lessen the anility of Mexioo 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! 1 hope.for reasons already stated, that that firebrand will not be brought Into our country. Among the resolutions, which 'it W my Intention to present for your consideration at the conclusion of tills address, one proposes, in your behalf and mine, to disavow. In the most positive manner, any desire, on our part, to atquire any foreign territory whatever, for the puriot* of introducing slavery into it. 1 do not know that any citizen of the United States entertains such a .l.k R,S innh n mntlwa Huj I ...? ?? *?. - tlave State*, nil I therefore think It ntoussary to notice it on this ocoaslon. My opinion* on the subject of slavery are well known They hare the merit. If it be one, of consistency, uniformity, and Ions duration. I have ever regarded Mavery a* a great BTR. a wrony, for the present, i fear, ao irremediable wronuj to it* unfortunate victims. 1 should r? jotce it not a single slave breathed the air or was within the limits of our country. But here they are, to be dealt with as well a* we can, with a due consideration of all oiroumstanoes atlec'ing the security, safety and happiness of both races I- very State baa the supreme, uncontrolled and exclusive power to deoide lor itself whether slavery shall oeaia or continue within its limit*, without any exterior intervention from any quarter. In States where the slaves outnumber the whites, as In the case with several, the blaoks oould not be emancipated anil invested with all the rights ot freemen, without becoming the governing race in those State*. Collisions aud contacts between the two races would ba inevitable, and after shocking scenes of rapine and carnage, the extinction or expulsion of the blacks would certainly take place In the State of Kentucky, near fifty years ago, 1 thought the proportion of slaves, In comparison with the whites, was so Inconsiderable that we might safely adopt a system of gradual emanoi patton mat wouiu ultimately erauioate mm evil la our State. That system wan totally different fram the immediate abolition of flavery lor whioh the party of the abolitionists ot the present day contend Whether they have intended or not, it in my calm and deliberate belief that they have done incalculable mischief even to the very cause whieh they tspoused, to siy nothing of the discord whic'a has been produced between different parts oftheUnlen. According tD the .system we attempted near the close of the I ant century, all slaves in being were to remain such, but all who might lie born subsequent to a aped fled day. were to beoome free at the age of twenty-eight, and during their serrioe were to be taught to read, writo and cypher. Thus, instead of beiug thrown upon the community, ignorant and unprepared, as would be the case by immediate emancipation, they would have entered upon the possession of their freedom, capable, la some degree, of enjeylng it. After a hard struggle, the system was defeated, and I regret it extremely, an, if it had been then adopted, our State would be now nearly rid of that reproaoh. Sinco that epoch, a scheme ol unmixed bmeTolence has sprung up, whioh, if it had existed at that time, would have obviated one of the greatest objections whioh wit made to gradual emancipation, which was the oontlnuauou of the emancipated si- ves lo abide among us. That soheme is the Amerioan Colonization Society About twenty-eight years ago, a few individuals, myself among them, met together in the city of Washington, and laid the loundatlon of that Society It has gone on amidst extraordinary difficulties and trial*, sustaining ltsvlf almost entirely by ponluneous and voluntary contributions, fram individual benevolence, without soarcely any aid from government The colonies, planted under Its auspices, are now well established communities, with ohu' ch's, schools, and other institutions appertaining to the clvilzed state. Thsy have made successful war in repelliug attacks and invasions by their barbarous and savage neighbors. They have mad< treaties, annexed territories to their dominion, and ar< blessed with a free representative government. I re cuntly iread a message from one of their Uoveruors t< their Legislature, whioh, in point of composition, and it careful intention to the public alTairs of their republic would ooinpare advautsgeously with the mesxages of thi Uoveruors of our own States 1 am not very supersti tious, but I do solemnly believe that these colonies ..rt blest with the smiles of frovidence, and, if we may dare attempt penetrating the veil by. which he conceals hie all-wire dispensations from mortal eyes, that he desigu* that Africa Khali be the refuge and the home ef the descendants of its sons aad daughters, torn and dragged from their rative Land, by lawless violence It is a philanthropic aad oonsoliag redaction that the mt ral and physical condition of the African race in the United States, tVen in a state of slavery, is lar better than it would have been if their ancestors had never been brought from their native land Aud if it should be the decree or the Ureat Kuler cf the Universe that their defendants shall be made Instrument* in Hit hands in the establishment of civllixatiea and th? Christian religion tnrougbout Africa, our regrets, on aocount of the original wrong, will be greatly mitigated. it may be argued that, in admitting the iDjuatlee ol slavery, I admit the necessity of an instantaneous reparation of that injustice. Unfortunately, however, it ii not always safe, practicable or possible, in the grtal movements of States and public affairs of nations, tf remedy or repair the infliction of previous injustice, in the inoeption of it, we miy oppose And denounce it, by our most strenuous exertions, but, after its consummation, there is often no other alternative left us, but t? deplore its perpetration, and to acquiesce as the only alternative, in its existence, as a less evil than the frightful iooosequenoes which might ensue from the vain endeavor to repair It. Slavery is one of those unfortunate Instances. The evil ot It was inflicted upon us by the parent oountry of lireat Urltain, against all the entreaties and remonstranoes of the colonies And here it Is amongst and amidst us, and we must dispose of it as best we can under all the circumstances which surround us. It continued, by the importation of slaves from Africa, in spite of colonlul 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 thu evil. And in the meantime, moderation, prudence and discretion anting ourselves, and the blessings of E'rovldenoc, n ay be all necessary to accomplish our ultimate deliverance from it. hiamples or similar Infliction of irreparable national evil and injustice might bo multiplied to an Indefinite extent. The case of the annexation of Te?at to the United States is a recent and au obvious one, which, if it were wrong, it cannot now k.. f.. no I rail Tu ? U nn< an Infncrrnl nut nfnn> 1 'nirtn with it* own voluntary consent. Many of us opposed the rfhnexatlon with hoi.est zeal and most earnest exertions. Hut who would now think of perpetrating the folly of ca<tlDR Texas out of the confederacy and throwing her back upon her own Independence, or Into the arms of Meileo? Who would now seek to divorce her from this Union? The Creeks and the Cherokee Indians were, by the most exceptionable means, driven from tbelr country, nod transported beyond the Mississippi river. Their lands have been fairly purchased,, and occupied by inhabitants of Georgia, Alabama. Misssissippi. and Tennessee Who would now oonceive the flagrant injustice of expelling those inhabitants and restoring the Indian country to the Cherokoes and Creeks, under color of repairing original injustice? During the war of our revolution, millions of paper money were Issued by our ancestors, as 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. Atern necessity has prevented the reparation of that great national to justice. But 1 forbear ; 1 will no longer trespass upon your pa tienoe or further tsx my own voice, impaired by a speed of more than three hours duration, which professiona duty required me to make only a few days ago. If I hav< beeu at all successful In the exposition of the views am opinions which I entertain, I have shown? 1st That the present war was brought about by thi annexation of Texas aud the subsequent order of thi President, without the previous oonsent and authority of Congress 'id That the ('resident, being unenlightened and uniu structed, by any public declaration ofCougress. as to ob jrcts for whloh it ought to be prosecuted. In the eonduci of It is, necessarily, left to his own sense cf what ihe na tloual interest! and honor may require. .Id. That thn whole war making pow?r of the nation, w to wtives, causes andohjecti, I* contlded by tbn (. onstl tutlon to thu discretion and judgmeut of' ongress Kh. That it Is. therefore, the right of rondeau, at th? commencement or during the progress of any war, to dn olare for what objects and purpose the war ought to b< waged and prosecuted .'>:h That it is the right and duty of Congress to an nounce to the nation lor what objects the present wai (ball he longer continued; that it is the duty of the Pre slilant, iu the exerclan of all hie official funotiana'to ton form to and carry out thin declared will of Congress, bj the exercise, if necessary, of all the high powers with which he I* clothed; and ?hat, If he fail,or refute to do no it become! the imperative duty of Congress to arrret tin further progress of thn war by the most effectual mom iu its power. Let Congress announce to tha nation the objcets foi which thin war shall be further protracted, and publit suspense and publio Inquietude will no longer remain If It Is to be a war of ooi.tjuef t of ail, or any part of Mex ico, let thn people know It, and they will be no longer agitated by a dark and uncertain futura. But although I might have forborne to express any opinion whatever as to purposes and objects for which the war rhouM b. continued. I have not thought proper to conceal my opinions, whether worth any thing or not, from the public examination. Accordingly 1 hare stated, ith. That it seems tome that It I" the duty of out country, as w?ll on tha soora of moderation and magna nimity. as with the view of avoiding discord an I dUcon t< nt at home, lo abstain from treeing to oen<|U?r and annex totne United States. Mexico or any part of it; and, espoolaUj, to disabuse thepubllo mind In any quarter ot the Union, of thn Impression, If It any where exists, that a d'dro for conquest Is cherished tor the purpose of propagating or extending slavery 1 have embodied, Mr. President and fellow-cltliens. th? sentiments aud opinions which I have endeavored to explain and enforoe, la a setles uf resolutions, which I b?i now to submit to your coMlderatloa and Jugdmeat | Tkt| an th? Mliwtofi IERA 24, 1847. [The reaolutinnii were giren in our telegrapblo report of thU ape?oh ] After Hading the resolution* andtbandlng them to tb? Secretary. Mr ("lav concluded by apologizing for the length or time vrhioh he had treapaaaed upon tha meeting. and (bunking the ladle* and g?ntlem?n, moit oordially, for the honor done him by their attendance, on thia oooaaion, and the profound attention with which thfy bad llttened to him. The speech was often lnteiruptedby bursts of applause, and both at ita commencement and conoluion, there waa tremendous cheering. Albinv, NOT. 22,1 w 17. The General Manufactw inn Hill. I herewith transmit to you the detailed report made to the Henate thia morning by Mr. Dennlaton, the Chair utau u> n*r cnmbo vuiuuiivwvv ui v/uhiviouuo upuu ui? general manufacturing bill. Thin report presents an extended view of the proceeding* of the conference committee, and a detailed examination of the principles of personal liability upon which the two houses disagree. Immediately after its presentation to the Henate I procured a manuscript copy of it, whloh I now send to you exclusively, for publication. The report Is as follows:? Mr. Uhs.ihtoi, from the joint committee of conference, appointed on the disagreement of the two house a on the bill entitled "An aot to authorise the formation of corporations for manufacturing, mining, mechanical, and chemical operations,M and ou the part of t^e conferees appointed by the Senate, reports, that the said joint committee, have had not less than eight meetings ?f conference upon the important mutter of difference j submitted to them The conferees on the part of each ] house manifested an anxious desire to compromise the j subjeot of disagreement, and It is to be regretted that ; their deliberations hare resulted, as tbey commenced, In a very wide difference of opinion. The point of difference between the conferees of the two houses, is, as to the personal liability of the stockholders for the debts of the corporations They agreed in making Stockholm ers Individually liable for all debts due to laborers, servants and apprentices, for services performed far the corporations, but for all other buiinem debts the conferees on the part of the Aseembly totally objeotod to any persona} liability whatever. The conferees on tha part of the Senate insisted on what is called the " Oriskaoy clause," or on some provision at least equivalent thereto; that is to say?they insisted that stockholders ihnuld be held Individually liable for an additional amount, equal to the capital paid in, or in other words,to an additional amount equal to the stock held by eaoh one respectively. The conferees on the part of the Senate, insisted on this clause of limited individual liability,as a compromise of the difference between the two houses; while, at the same time, they believed a majority of the Senate would prefer a more striogent provision The joint bill m It passed the Senate, which I*, strictly speaking, the Assembly bill, an amended by the .Senate-. This bill Is made up as follow*, viz : the first niue sections am copied substantially from the law for the formation of manufacturing corporations, of lflll ; thelnext ten sec tlons are taken from the bill as it passed the Assembly, and the remaining nine sections are new sections added in the Senate. The joint committee of oonferenoe 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 U the section containing the individual liability provision, known as the " Oriskany clause " The conferees on the part of the Assembly, proposed to strike out this section, and insert nothing in its plaoe: and the con ferees, on the part of the 8c a ate, declined their proposition The Senate conferees proposed a modification of the section, whioh was declined [Here follow the propositions which paisodto and from the conferees, which we omit, as a very full view of the subject Is presented without them.] The oonferees on the part of the Senate, avail themselves of the opportunity of stating, briefly, a few propositions, which they believe to be true, and whioh have nad a controlling influenoe over their deliberations. Kir it ?The members of a corporation should be held individually liable for the corporate debts as partners. It Is dlfflcult to conoeive of a good reason why this proposition should not be Insisted upon to Its full extent. If stockholders should be held liable as partners, the creditor oould colleot his debt from the Individual property of any one of them, if that of the oorporatlon should be insufficient to pay it, while that atookbolder could compel all his associates to contribute to indemnify him rateably in proportion to the amount of their stock. This would result tn making each member of the I oorporatlon liable for the corporate debts, rateably in i proportion to the amount of stook held by him. This prinoiple oarried out , would ensure the greatest safety > in the management of every corporation,and would work i well both tor the interests of the corporators and the , people. > Srroud? The risk of insolvency and fraud should be imposed on the corporators, who receive the profits of t the business and have thn management thereof, and not i on the community, who deal with the corporators One i reason assigned by the opponents of the personal llabllli ty of corporators for the payment of does from corporations, of which they are a part, is, tbat such liability would deter capitalists from subscribing for stock. They allege that oapitaliats are timid men, and whiio they might bo willing to risk tl?? aaooat subsoribed. they would not be willing to risk a greater amount. The risk to be incurrad. It is said, would be the cause of their unwillingness to subscribe for stock. But the question arises, who ought to bear that risk?the corporators or those who dial with the corporation' A corporation, with a given capital invested in its business, makes > its annual dividends of ten. fifteen twentv. or. nerhans. thirty per cent on the amount paid In These dividends go Into the pocket* ot the individual rorporar tori, are Invented ai a part of their private fortunes, and are not to be reached by oredltor* In case of the i insolvency of the corporation. When a corporation > become* insolvent, the capital paid in, it is alleged, > is all that ought to be relied on for payment of due*, i That capital may be all, or nearly all, invested in buildings and maohlnery, which amy greatly depredate In value from use or from revulsions in the market for i manufactured articles The earnings of the corporation may, in a very feiv years, far exceed in amount the capital paid in; and being annually divided among the stockholders. mav enrioh them; while the oapital paid In, thus diminished In value, will be all that ia left to pay outstanding dues to creditors. A general-law authorizing the incorporation of companies, without adequate personal liability of stockholders, would afford great facllltles 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 corporators, who have received their rich pro ills, in the shape of dividends, would be protested from all risk ? The conferees on the part of the Henate believe that this risk of insolvency and disaster to a corporation, whloh it Is alleged would frighten capitalists, ought to be assumed by those who would reap the pre Ota of the business, and should not be thrown upon the community who deal with the corporation. Third ?Legislative inventions ought not to be enacted to screen man from his individual liability.?A natural person is liable for his obligations and for his conduot,under all circumstances,both by human and divine law. When he transgresses the laws of the land, or takes upon himself pecuniary or other obligations whloh he neglects to falQI, he must answer individually for the misconduct before the tribunals of justice. The earnings of his Industry cannot be annually set apart and Invested in bonds and mortgages or In house* and lands, and with the sanction of our statute* be protected from his creditors, or from the penalties of law. If he sin against the moral law, he must answer in his own individual person far the offence before, his final Judge. This is the law of his being, and from its jurisdiction ne cannot escape?a law equal and just and universal in Its operation. A natural person being a member of a eornnlati lila nnnanienne b? the reflec tlon that he aets a* one of a heard of directors, and that tba responsibility of hia deeda la aharcd by hl? associates. Hence It often happen*, that a board of corporation* will perform deed* with impunity, which if dona by any Individual or them, would dishonor bin nama. (food morals forbid that the Legislature should unneceraarlly step In and, by a legal invention, merge Individual into corporate liability. When corporation* are neoessary to .Induce the combination of capital and labor for useful purpose*, lit legal facilities be granted for their formation; but let also i a wholesome individual liability of the corporators be 1 iinpeted for the safety of the people, well as to securo < the Integrity and luccess of the corporation. If a natiiI ral person should oome before the Legislature and petition to ba incorporated into a corporation sola, with the ? privilege of Investing a given amount of capital In a > business whlfih promised to be profitable to himself and f useful to the public, and should ask for the corporate privilege of making hi* annual dlvideod* to be sat apart and soreaaed from liability for his debts, and should further aik the Legislature to release biu from all the t hazards of hi* business beyond the amount of capital which he should at first invest. he would receive no favor at their hand* And wb.-re]!* the dlffareiioe whei ther *uch privilege* are conferred on one person or on three or mora ? h'orirtK. ? Facilities ought not to b? granted by tha ) Legislature to capitalist* to engage in business tor gain, ' unless they are willing to a**ume the common obllgas lion* of Individual* to pay their debts The pollov of allurlnir cauitsl to concentrate Its power thus enabling - It to erect splendid manufacturing establishment*, ami r give employment to labor, by granting to It special prlvl leges, Is very attractive But unlesa the paying policy is - Imposed upon associated capital by the Legislature, as an r In lispen?able law of It* exlstenoe, its splendid erections may provs to the community but aa whlted sepulchre*, i, Inmvidual enterprise I* doing wonders In th? ao>|uialn tlon of wealth In the development of the resources of n our country?and In contributing to the necessities and enjoyments of man Non-interference by the governr inent, with Individual enterpriim. except to protect It In ) the enjoyment of the fruits of Ita labor, ahould be a car dlnsl maxim of legislation. To give special privilege) to associated wealth, which are denied to Individual enterprise and oapital, Is, by the strong arm of the Legislai ture, to disoourags Indlvldaal exertion. The atrong can override the weak with great facility wltbou legislative i aid It may well be doubted whether any sptciil privileges should be granted to associations to engage in any i buslneas which can as well be performed by Individuals And certainly no exemption from the payment of dues, and no tomptatlons to fraud or Insolvency, should be encouraged by our statute book. lr*der the bill before the Joint eenitnlttee of conference I as proposed to be amended by the conferees on the part of ilie Hous?, corporations may b? formed for all manufacturing, mining, mechanical and sheinlcal operations. l'hia claaalfl cation would embrace almost all kinds of business carried on In the community. Three or more persons may be incorporated under It. The i practical operation of the bill mlgM be, that every perron entering Into any business within the scope of the [ law migh' procure a few persons nominally to unite wlta hint to form a corporation. He could hold ulftetyaia? kutoltti of tfe? rtosfc, m4 of *o?m mtftl . .. -y ? y?- -'. ^.1. ??- ?. LD. Frio* Two Cwti. buMnea* in theeame mtnnaruiiiitnrel person oontrola hi* bualneeit The difference would be. that the lodlrlduftl or natural pereon would be liable for all the dabto ho might Incur, and (or aU the rlaka and parti* oI hla transaction*, to tha full amonnt o( bit property, Mqulrwd orineeitedin hUbuainea*; while the other parton, with the aid of hi* nominal aaaoelatei, would be an inoorporation, with the tpecial prWll*?? or having all hi* proparty, except the alio at drat Inveated in the bulneaa, exempt from all the peril* of hla operation!. arUlng from Iraud or mlafortun*, and from all the debt* he might (near except a* to hi* operative*, laborer* and apprentloaa. Thia would operate aggraMWely on Individual manufacturer* and meohanloa. They would find corporation* competing with them In avary branch of buaineaa. Tha great oommunlty might, perhap*. for a neaaon. b? able to purchase article* of manufacture and mechanical ak.il! at cheaper rata*; yet tbla apparent advantage would not comDenMte for tha "dlT*r*ifled aril effect* of destroying" that equality which, placing no special protection around one man, or aet of men, generoualy leavea open to all an equal ohanae In the great business of life, free aa the air they breathe " It u by no mean* diaagmeable to an Amerioan oitiien, ai ha travel* through hi* country, to Me the great etructurea with which manufacturing industry have dotted the land. They ar? eridenre of enterprise and wealth of whioh he may wall ba proud. 'Hut greater pride and gratification are darived from witneuing the proaperity of the individual oitiien?from contemplating the great moral element, uuieen except in it* benefit*, whioh liea at the fomadation of our national prosperity?that tha patient toll of each individual. In hi* own sphere, is protected by equal laws The legislation which beat sec urea the rewarda of industry to each individual,!* the bsst legislation for alt. The Industry and careful frugality of the indivldoal cltiien are tha Ufa and buaia of tha pabllo weal. To oherish these virtues among the people, by securing to tbem fr?? aoope and a fair II aid of competition, protcetiug them In the full enjoyment of tha fruita of their Industry, is the paramount duty of tha legislature. Thla duty would not be discharged by pairing a bill airing special privileges to corporations, and adopting a policy whioh would build up corporations to parrorm every kind of meuhanioai and manufacturing buaiaeas, and render it diffioult, if not hnpoaaibia, for a mechanic or manufacturer, operating In an hnmble way on his own means, to gain a livelihood la the oommunity. Fifth?To adopt at this day a laaa atrlageat liability than the Oriskanv clause, would be making a retrograde step, and would disappoint the just expectations of the people. Tha individual liability of corporator* for tha debta of the corporation ia not a new queation in thla State. As early a* 1811 the Legislature adopted in tha general manufacturing law of that year, a section imposing on the corporators in every company a personal liability for the oorporate debt*, to an amount equal to the ?r/v?lr I,.,1,1 k. ...h ?" TH. I I ' * H?l? ?J VBVM VH?. *M1D ! W IB JCfc IU JWIVVl Utt many companies have kwn established, and hirt prospered uudt-r it. In 1817 and in 18-J7, the asm* degree of personal liability tu Inserted in all tbe bank charters granted theme years. Among othan, in the charters of the bank* of Auburn. Genera, Commercial Bank of Albany, and Dutoheia County Bank, which are among our tafest inatitutiona. Neither the manufacturing law of lRli,^ior the bank charters alluded to, contain proper proriaiona for enforcing this liability, yet the inteflfcion of the legislature ia dearly manifest in 1844, the driskany Company applied for a renewal of their oharter, and the same personal liability clause was inserted in the aot of renewal; and from that time it ia believed no manufacturing company baa received a charter with a leaa personal liability imposed than the Orlakany clauae. In 1844, a general bill for the incorporation of manufacturing oompaniee, containing the Oriakany olauae. parsed the House of Asaembly with but eight dissenting votee; and they were given by membera who had inaisted upon a more rigid personal liability, filnoe that time, the oonventlon has been held to amend the conatitation, ud from the provisions of that Instrument we draw oiMut proposition, vit:?That to pass the bill without t?ojr dividual liability of the corporators, for the major part of the corporate debts, which would b? the effect of the proposition of tha conferees on the part of the Assembly to strike out tha only section of the bill imposing fnch liability, would be an evasion of the requirements of the oonatltation.? Section a, artioie 8, of the Constitution, la la these words" Dues from corporations shall be secured by such Individual liability of tha corporator* and other means hi; may be praacribed by law." If the bill should pass without the section pronosed to be strlsken out by the oonferees on the part of the Assembly, the largest portion of tbe debts of the corporation would not be ,rseoured" by any individual liability of the cor porators whatever, nor by any " other means," nnlsse requiring tbe capital to be paid in before oommeaelng business, and tbe few guards thrown around their transactions, be construed as such other means. It Is svidsiit th t the constitution requires more " Dues shall batecured," are the words; and this requirement refers to all "dues,", without discrimination. To secure a debt is to make it safe under all circumstances that can reasonably be anticipated The word " seoursd ' | is the important word la this section of tha constitution. To seoure the payment of "dnea from corporations," Is the design of the section. Th* mode of securing is by "auoh Individual liability of the corporators and othar means." The words "to secure, "~?ocor4ln* to Webatar's dictionary, mtui "to gu*rd effeotually from dianr;" "to make safs;" "to mske certain;" "to put beyond baiard," "to mftke oartftln of payment, aa to secure a debt by mortgage;" "to Mb oertftin of recalling ft pecuniary debt by rlfiu I bond, ball, lorety or otherwise; ft* to aeeureft creditor." The eonatitutlon aeleota no parti oular "dues'1 tbftt a hall | be secured, bat s?rs, "dues from oorporfttiona ahftll be i secured;" evidently meftning ftil "dues"?"dues" to farmera for wool, grain and other produoa?"dues'' to marI chanu, aa well aa "dues" to operative*, servants and apprentioea. And these "duea" are not to bo made oecure in part only, but they are to be mad* Absolutely and unqualifiedly aeeure "by raoh Individual liability of the corporator* and other nana, aa nifty be prescribed by law.'" The proposition of the ooalereea on the part of the Assembly, would leave the major part of the corporate debta without any seourlty whatever, such as the oonstitutlon requires, and contingencies would often ooeur when the means provided by the Assembly bill would be wholly InMftauftte to secure them, ss experience ftbundftntly proves. But the ?" other means." cannot meta exclusively, requiring the oftpitftl to be paid In, for thftt prinoiple hftd long been settled, ftnd no crying evil resulting from the want of that requirement, needed constitutional correction They may meaa, throwing guards around the business transactions of the corporstiona?requiring them to make annual stftUments, ftnd pnnlabliag the officers for rrsud j but ftil sueh means would not be saoarity for " dues," but only ?a approximation to it- They may mean, requiring atooks or other securltise to be deposited with some public officer, as In the general banking Uw. If auoh be the meaning, then the bill is deficient In thla?that no auoh security Is required. The larger portion of the " luos" ftre not * secured" " by lndividuftl likliillt* rtf tlkA AAOTtAMlstM ' ' >? 44 meant.'' Nor are they "secured ' ?y the Individual liability of the corporator* and "other mMU." Id any view of the (ubjeet which the ooaftrtM ob the part of the Senate oaa take, they are of opinion that the requirement* of the conatltutlon would ha evaded by the uropoeltion of the confer*** on the part of the Aaaembly, and that they have (one to the u tin oat verge of propriety In a**entlnj to the Halted Individual liability on whloh thev bar* ia*l*tad. On roniUtm tlcnal ground*, therefore, a* wall aa on the grcmd of public policy, they believe that no general law ! for the formation of corporation*, like the bill before ; them, *hould paa* without Instating on the rigid debt paying policy, aa an e*aenttal law of their oorporate ezlatenca Keapectfully, and bv order of the (onmittea of Conferenoe on the part or the ftenate, ROBRIIT DKNNI8TONChairman Mr. Towntend concur* in tha above view*, and M*. Uridley dlaaent* H?nate Chamber, Albany, Not. '21,1847. rotuh and Itf.idv ni*? Emporium, ) UTICA, NOT. '23, 1847. J The Weather?The M<rekant$~The Canal? The Muleun%?The Hoteli?The Herald?New Bank, The winter 1* fa*t approaching upon u* her*. To-day the weather 1* extremely cold, and over coat* are In great demand We bad, the other night, quite a fall of now. but It all diaappeared the next day, tearing tha atmoapbere very oold. Our merchant* hare ura doing a very heavy bu?lnea?; the tide.walk* haveHhe appiei?ca of many in your olty, being piled full of merohandiaa; and everything in the way of bu*ina*a look* lively. Tha ttrie canal will soon be closed, the Una of fMkata an beginning to haul off. <>ur nniKHum hare I* doing a aplendid bu*ioe**, and It la n? nonder, when we have aucn a nan a* Mr Potter for manager He ha* engaged a plentlld array of talent, aud with the acoomplUhed aetreaa, Mr*. Pottar. they are drawing crowded honae* of the faahlon and Hite of our city. VVehaveln thl* city a number of magniflcent hotel*, of which we mention the DUHM or me bom prominent, they are the following:? Baggs' Hotel, MeOreogor House, .Central Hotel, American, .National, (by Kanebacker.) 1- ran kiln House, and there are ao hotel* is the State that have more gentlemanly proprietor* than the abov*. The Ntw Ytrk Herald (till continue* to b? the fkrorite among our oitlsen*. It ha* double and treble tha circulation her* of any.other New York daily. It I* rumored that ws are to bare a new bank in thla city, and it is gaid.lt.will go Into operation In about At a or six month* We (hull continue to corraapond to your valuable sheet, and give you all new* of any intareat that may tranrpire in our city. C. k CO. i.niki-uai.ni g from Tim Paovmcaa?We have received p*j>er? Irotn Halifax to the 19th inetaiit. They oonuln no n*w*. At at John, N B , it ni fear nd tuat ihe disastrous news from England would have the affect to *u*pend operation* In many of the ship 7aid* and s*w mill* of that pltoa, and thus throw many out of employment. Tbi*. with the great influx of peu per immigrant*, to heeome a burden on the oity. named the inhabitant* to fear a hard winter. Five *hlp?, *ix bark* and two brig*, bound up the St. Lawrence, had put up lor tha winter at St. John, fearing to truat to the dsngerou* navigation of that rlrer at tbi* Inclement *ea*on Letter* from St. Peteraburgh, dsted October 'JSd, state that for *om* day* previously heavy weeterly gale* had been experienced there, On the evening of ' the jid, the water ro*? *o high, In con**<juenea, that alarm gun* war* flred A talute of one hundred gun* I* at thl* moment Bring, ju*t a* w* are going to pre**, and lief* are displayed in I public places.la huuor of oar la Mexico ? t?f J / < G?m> *Wt. MlA

Other newspapers of the same day