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VI. No part of the colony of Vancouver's Island, as at present established, shall be comprised within New Caledonia, for the purpose of this Act; but it shall be lawful for Her Majesty, her heirs and successors, on receiving at any time during the continuance of this Act, a joint address from the two houses of the Legislature of Vancouver's Island, praying for the incorporation of that island with New Caledonia, by order to be made as aforesaid, with the advice of her Privy Council, to annex the said island to New Caledonia, subject to such conditions and regulations, as to Her Majesty shall seem expedient; and thereupon, and from the date of the publication of such order, in the said island, or such other date as may be fixed in such order, the provisions of this Act shall be held to apply to Vancouver's Island.
They wisely stopped, however, at a certain point, extending the incorporation to that point, making the National Government thus far a consolidated Government, and preserving the State governments without that limit perfectly sovereign and independent of the National Government.
I have, however, in common with several of my predecessors, directed the ministers of France and England to be assured that the United States entertain no designs against Cuba, but that, on the contrary, I should regard its incorporation into the Union at the present time as fraught with serious peril.
When a proposition was made for a charter, let the details be decided by them with all the lights before them at that time." As finally agreed to in the Convention, article nine of the Constitution, which dealt with corporations, contained the following provisions. First, no act of incorporation shall continue in force for more than twenty years without being re-enacted by the General Assembly.
These terms, "acceptance" and "assent," are the very language of contract. In Ellis v. Marshall, it was expressly adjudged that the naming of the defendant among others, in an act of incorporation, did not of itself make him a corporator; and that his assent was necessary to that end.
The diffusion of material comfort among masses of men, on a scale and to an amount abolishing peasantry forever; the dissemination of education, which is the means of life to the mind as comfort is to the body, in no more narrow bounds, but through the State universal, abolishing ignorance; the development of human capacity in intelligence, energy, and character, under the stimulus of the open career, with a result in enlarging and concentrating the available talent of the State to a compass and with an efficiency and diversity by which alone was possible the material subjugation of the continent which it has made tributary to man's life; the planting of self-respect in millions of men, and of respect for others grounded in self-respect, constituting a national characteristic now first to be found, and to be found in the bosom of every child of our soil, and, with this, of a respect for womanhood, making the common ways safe and honourable for her, unknown before; the moulding of a conservative force, so sure, so deep, so instinctive, that it has its seat in the very vitals of the State and there maintains as its blood and bone the principles which the fathers handed down in institutions containing our happiness, security, and destiny, yet maintains them as a living present, not as a dead past; the incorporation into our body politic of millions of half-alien people, without disturbance, and with an assimilating power that proves the universal value of democracy as a mode of dealing with the race, as it now is; an enthronement of reason as the sole arbiter in a free forum where every man may plead, and have the judgment of all men upon the cause; a rooted repugnance to use force; an aversion to war; a public and private generosity that knows no bounds of sect, race, or climate; a devotion to public duty that excuses no man and least of all the best, and has constantly raised the standard of character; a commiseration for all unfortunate peoples and warm sympathy with them in their struggles; a love of country as inexhaustible in sacrifice as it is unparalleled in ardour; and a will to serve the world for the rise of man into such manhood as we have achieved, such prosperity as earth has yielded us, and such justice as, by the grace of heaven, is established within our borders.
The Bishop of Cork wrote: "Nothing in my opinion will more effectively tend to lay these disgraceful and scandalous party feuds and dissensions, and restore peace and harmony amongst us, than the great measure in contemplation, of the legislative Union, and incorporation of this Kingdom with Great Britain.
The platform was purely legislative and demanded legal incorporation for trade unions, compulsory education for children, the prohibition of child labor under fourteen, uniform apprentice laws, the enforcement of the national eight-hour law, prison labor reform, abolition of the "truck" and "order" system, mechanics' lien, abolition of conspiracy laws as applied to labor organizations, a national bureau of labor statistics, a protective tariff for American labor, an anti-contract immigrant law, and recommended "all trade and labor organizations to secure proper representation in all law-making bodies by means of the ballot, and to use all honorable measures by which this result can be accomplished."
These things must be accounted for by the incorporation of trading companies; and if they are felt so severely in countries of small extent, they will operate with ten-fold severity upon us, who inhabit an immense tract; and living towards one extreme of an extensive empire, shall feel the evil, without retaining that influence in government, which may enable us to procure redress.
It asserted not only the power of the Federal government to incorporate a bank, but also the freedom of such a bank from the taxation, control, or obstruction of any State. While no express power of incorporation was given by the Constitution, yet it was found to be a power necessarily implied, since it was essential to the accomplishment of the objects of the Union.
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