against excessive loans to bank officers, and a better security against losses, to the public and stockholders, than the examinations of any board of commissioners.

Upon the subject of capital punishments, and of incorporations for the transaction of private business, I ask your attention to the views heretofore presented by me. My conviction of their soundness and justness has been confirmed by reflection and observation.

The history of criminal jurisprudence shows that the mitigation of punishment does not increase crime. On the contrary, crimes are found to be most numerous where penalties are most severe. All unnecessary severity is vengeance rather than punishment. Not only benevolence and humanity, but justice and expediency, enforce the argument in favor of lenity. I therefore renew my former recommendation, that the punishment of death be abolished in all cases, unless the Legislature should deem it more wise to commence the experiment with the exception of aggravated murder. I am also of opinion that a general melioration of the criminal code would better comport with the present spirit of penal legislation, and tend to diminish, rather than increase, the commission of offences.

I

If joint-stock companies derive any advantage from the possession of corporate powers, equal justice requires that all partnerships, when sufficiently numerous, should be entitled to the same. A general authority to this effect, would take from corporations their character of monopoly; and if the members were made personally liable for debts, as partners now are, the exclusive privileges which they possess would be removed. can perceive no valid reason for exempting corporators from liabilities to which they would be subject if they transacted the same business as private individuals. Wisdom and sound policy, in my opinion, recommend a general statute provision authorizing all persons who may wish to associate as a corporation for the transaction of business, to avail themselves of the powers conferred on such corporations, by recording in some suitable office their articles of association, and giving such other publicity as may be thought advisable. This would relieve the Legislature from much labor, tend to reduce the length of

their sessions, and save expense to the Commonwealth. I can discover no objection to the measure. Experience is in its favor. Religious societies, proprietors of libraries, members of lyceums, proprietors of general fields, tenants in common of lands, wharves and other real estate, when sufficiently numerous, have long possessed and exercised the right of acquiring corporate powers by their own acts, and no inconvenience has arisen from it.

To the wisdom of our patriot fathers, are we indebted for that wonderful scheme, unknown to the ancients, of a federal union of numerous independent sovereignties into one general government, combining for foreign purposes the concentration and power of a mighty empire, with all the freedom, the rights, privileges and benefits of a genuine democracy. Though composed of many parts, and capable of comprehending any extent and variety of territory, population, wealth and business, it is a beautiful and symmetrical machine. And as long as each member shall keep within its proper sphere of action, and perform its legitimate functions, the whole will move in perfect harmony.

Although there are many subjects, within the jurisdiction of the general government, now exciting a deep public interest and calling for marked animadversion, yet, on the present occasion, in the discharge of my official duty to you and the people of the Commonwealth, I have supposed that, by confining my remarks to matters within the range of our own jurisdiction, I should better serve our common constituents.

And now, in conclusion, allow me with earnestness and deep solicitude, but with great deference and respect for the more immediate representatives of the people, to counsel and urge you to a prompt dispatch of the public business, and an early termination of the session. Public laws, rather than private, local, or special acts, should command our attention. Statutes to be useful, should be few, simple, and intelligible. There is more danger of too much, than of too little legislation.

Every change is of itself a positive evil; and should not be adopted unless overbalanced by the remedy of a serious defect, or the introduction of a material improvement. Our statutes

have recently been revised with great learning and care, and it is believed require but little amendment. Let us then immediately enter upon such important subjects of general interest as may require legislative action. Diligence, assiduity and the addition of a few hours to our daily labor, will enable us, in the shortness of our session, to set an example of retrenchment and economy. And in any measure calculated to improve our general laws, to secure the rights of the people, to protect the weak, to relieve the distressed, to promote industry, economy, education and good morals, and to increase the comforts, the happiness and the prosperity of the people of the Commonwealth, it will be my pleasure to coöperate.

COUNCIL CHAMBER, January 20, 1843.

MARCUS MORTON.