Letters and Literary Memorials of Samuel J. Tilden, v. 2Tilden, Samuel J. (Samuel Jones)
History
Letters and Literary Memorials of Samuel J. Tilden, v. 2
Tilden, Samuel J. (Samuel Jones)
Tilden, Samuel J. (Samuel Jones), 1814-1886
"The Revised Statutes of 1830 applied that rule to corporations
thereafter to be created. A reservation of that power had been
previously inserted in the special charters which had latterly been
granted. The origin of this reservation was ascribed in an article
asserting the repealability of corporate charters, written by
Mr. Tilden for the _Democratic Review_ of August, 1841 (Tilden's
_Writings and Speeches_, Vol. I., p. 171), to Silas Wright, who
procured the insertion of such a reservation in a charter granted in
1822.
"In the convention of 1846, which formed the present Constitution of
the State of New York, Mr. Tilden, from the select committee to whom
was referred the report of the standing committee on the subject of
corporations, made the following report:
"'Section 1. Corporations may be formed under general
laws, but shall not be created by special act, except for
municipal purposes, and in cases where, in the judgment of the
Legislature, the objects of the corporation cannot be attained
under general laws. All general laws and special acts passed
pursuant to this section may be altered from time to time or
repealed.
* * * * *
"'Section 3. The term corporations as used in this article
shall be construed to include all associations and joint stock
companies having any of the powers of corporations not possessed
by individuals or partnerships.'
"At the afternoon session on the same day the first section was
adopted unanimously, and the above clause of the third section was
adopted without considerable opposition.
"The discussion in the convention shows that those clauses were
understood to apply to all corporations then existing or thereafter
to be created.
"Those provisions stand in the Constitution of the State of New
York. They are referred to in a speech on canals and railroads made
by Mr. Tilden in the constitutional convention of 1867. The passage
is as follows:
"'The convention of 1846, by provisions which it fell to
my lot to report, provided, first, in favor of a system
of incorporation under general laws, and, secondly, for a
supervisory legislative control over the chartered power and
privileges of all corporate bodies.
"'In my judgment, those two provisions were, and are, perfectly
adequate to secure every public object, however freely we may
grant to private enterprise all the powers necessary to enable
it to create these great machines of travel and transportation,
and to the management of them by corporate bodies, which can
serve the public with more skill and economy than the State can.
The authority thus reserved to the State is doubtless capable of
being perverted by it to private injury and oppression; but it
seemed to be necessary to the public safety, and is a trust to
be exercised with wisdom and justice.'
Public-domain text, read in full here on John Shaqi.
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