Before making any suggestions, we feel that it may be deemed unnecessary or quixotic for us, as merchants, to devise means of protecting the factor against the planter, because we can legally enforce recovery from the former by returning the defective bale to him from Lowell or Manchester, without proving more than its purchase from him. Still the heavy expenses of such return might be a great hardship to the factor, and therefore certificates (being also more convenient) have generally been employed instead. Nevertheless, if false packing can be prevented, neither difficulties nor claims can occur. It therefore appears to us, that some kind of mark, to be affixed by the planter, is needed for tracing the cotton to its source; and as his external mark cannot be relied upon, because, being the first placed upon the bale, it is naturally the first to be defaced, some internal mark seems necessary, and can, we suppose, be used with less trouble than any other. It would be easy for him to have the requisite number of cards printed with his name, plantation, county, State, and year of growth, leaving his own number of the bale to be filled up in writing, and to put three such cards in different places near the centre of each bale while it is being packed; then compel the factor in his turn, if practicable, to mark every bale which he sells with the name of his firm. This outside mark will run less risk of defacement than if imposed at the plantation, and, together with the year of growth and planters' number upon the card, will check misuse of the cards by the spinner. It might be better if the planter would mark his name on the bale in addition to placing his cards inside. In suggesting these things, we do not contemplate any departure from the natural order of recourse, viz., the buyer upon the seller-we rather offer them for consideration, and though well satisfied of their propriety, perhaps you can devise amendments of a practical nature to facilitate their operation. If no satisfactory plan can be arranged, we see nothing for it but a general resolution of buyers on both sides of the Atlantic to return the defective bale, in which case we suppose that some experience in paying $25 charges in place of $5 or $10 damages, will convince the factors that some better plan is needed. It may be asked why special legislation is more necessary for detecting frauds in cotton than in other articles. The answer is easy and conclusive. In the case of sugar, tobacco, rice, flour, grain, liquor, manufactured goods, &c., there is little or no difficulty in examining the quality thoroughly before completing purchase and delivery, or in tracing the fraud to its origin; but in cotton, practically speaking, there can be no such examination, nor discovery of the offender; in fact, a square bale of cotton can only be thoroughly examined by breaking it up, or, in other words, by the spinners. For this reason, it is impossible to establish an "Inspection of Cotton;" and fortunate it is, that the trade cannot be so burthened, and that so much confidence must necessarily be placed in the honesty of the planter. For as this confidence is amply justified by the result, as respects an immense majority of planters, so may their active cooperation be counted upon to pass the necessary laws through their legislatures. M. MAURY, Witness the seal of the Chamber of Commerce. By order of P. PERIT, President. Special Committee of the Chamber of Commerce, BY-LAWS OF THE CHAMBER OF COMMERCE OF THE STATE OF NEW-YORK, In Force, December 31, 1859. ARTICLE I. THE members of the "CHAMBER OF COMMERCE OF THE STATE OF NEWYORK" shall meet on the first Thursday in each month, to transact such business as may be laid before them. ARTICLE II. The meetings of this Corporation shall be at one o'clock, P. M., unless otherwise determined by the President. ARTICLE III. The officers of the Chamber shall be chosen by ballot, annually, at the first regular meeting in May, and a majority of the votes given shall be necessary, in each instance, to constitute a choice. The persons so elected shall take the oath or affirmation prescribed by the charter, and shall continue in office for the space of one year, or until their successors have become duly qualified according to the charter. In all cases where officers elected decline to accept, or resign, there shall be an election held to supply any such vacancy, at such time as the presiding officer, or a vote of the Chamber may direct. No person shall be eligible for the office of President, Vice-President or Treasurer for more than three years in succession, unless by the unanimous consent of the Chamber. ARTICLE IV. Every candidate for membership of this corporation shall be nominated at one stated meeting, and balloted for at the next regular meeting; and if five or more negatives shall appear against any candidate, he cannot be admitted a member, nor be again proposed until after the expiration of a year from the time of such rejection. ARTICLE V. Every person who may be hereafter admitted a member of this corporation shall pay, as an admission fee, the sum of ten dollars, which shall be in full for the calendar year in which he shall be elected; and every member of the Chamber shall pay an annual fee of ten dollars. ARTICLE VI. The President, with the advice of the members of this Chamber, shall appoint the place of meeting. It shall be the duty of the President to superintend the affairs of this corporation; all motions relative to business or adjournment shall be addressed to him; and he shall sign the annual accounts of the Treasurer, when the same shall have been duly audited. ARTICLE VII. The Vice-Presidents, in the order of seniority, shall, in the absence of the President, have the same power and authority that the President possesses when personally present. ARTICLE VIII. The President, or in his absence, either of the Vice-Presidents, shall, on the requisition of five members, call a special meeting of the Chamber, on such days and at such hours as may be deemed expedient: provided always, that the business to be acted on shall be designated in the notice of such meeting, and that none other be acted on but by unanimous consent. ARTICLE IX. The Treasurer shall enter an account of all moneys received and expended by him for the use of this Chamber; his account shall be fairly stated, and produced for the inspection of the members, at every annual meeting; it shall be audited on or before the first Tuesday in May, in every year, and signed by the auditors who may be appointed for that purpose, and countersigned by the President; the Treasurer for the last year shall deliver over to his successor the cash remaining in his hands, as also any stock or securities, the property of this Chamber, together with the books, chest and key; or in the absence of the Treasurer elect, the same shall be delivered to the President. ARTICLE X. The Secretary shall keep a fair register of all proceedings, orders, rules and regulations of the Chamber, which shall be regularly entered in the book of minutes; in the absence of the Secretary, the President shall appoint one of the members to officiate in his place for the time being. ARTICLE XI. No member of this corporation, after having appeared in the Chamber, shall leave the same previous to adjournment, without permission from the President. ARTICLE XII. There shall be a Standing Committee for determining such mercantile disputes as may be submitted to it, to be styled the COMMITTEE OF Arbi TRATION. This committee shall consist of five members, of whom one shall be elected by ballot at each annual meeting of the Chamber, to serve as Chairman for the year ensuing; of the other four members, to be elected also by ballot, one shall retire in rotation every month, the vacancy being filled at every monthly meeting of the Chamber, by balloting for a new member. Neither the Chairman, nor any member of the committee, shall be eligible for a new term, till after the interval of one year from the close of his last term of service; but in case a vacancy is not duly supplied, the retiring member shall hold over till an election for this purpose takes place. There shall be also a Standing Committee, to be styled the COMMITTEE OF APPEAL, to which an appeal may be made from the decision of the Committee of Arbitration, under such regulations as the Chamber may at any time adopt. The Committee of Appeals shall consist of the President of the Chamber, the first and second Vice-Presidents and the Treasurer, together with the Chairman of the Committee of Arbitration. The Secretary of the Chamber shall serve as the stated Clerk of the Committee of Appeals. The Committee of Arbitration shall choose their own Clerk, either in or out of their number. A majority of each committee shall constitute a quorum. Each committee shall keep minutes of its proceedings and decisions, which shall be open to the inspection of the members of the Chamber. ARTICLE XIII. The Committee of Arbitration shall meet whenever business requires, at such hour and place as they may find most convenient; and all parties having mercantile disputes to be referred to the committee, shall make statements of their cases in writing, directed to the Chairman. Each party shall have the right of producing witnesses, under the regulation and direction of the committee. In all cases, each party shall pay such fee as the committee may deem reasonable. In the absence of the Chairman, the committee may elect a Chairman, pro tem. ARTICLE XIV. No decision of the Committee of Arbitration shall be appealed from in any case in which the amount involved does not exceed $100, (one hundred dollars,) nor in any case which has been unanimously decided by the whole committee, unless the amount exceeds $500, (five hundred dollars.) In all other cases, an appeal may be made by either party, provided a notice of such appeal be served upon the Chairman of the Committee of Arbitration, within ten days of the delivery of the decision of the committee to the parties interested. These conditions being complied with, the Chairman of the Committee of Arbitration shall deliver the documents pertaining to the case, together with a copy of the proceedings of the committee, to the Secretary of the Chamber, whose duty it shall be thereupon to call a meeting of the Committee of Appeal. ARTICLE XV. Bills for salaries and rents shall be paid on the order of the President. Other bills against the Chamber shall be presented at a regular meeting, by the Secretary, and if approved, shall be certified by him and paid by the Treasurer. ARTICLE XVI. A Standing Committee of five members shall be annually appointed, in such manner as the Chamber may direct, to visit, from time to time, the library of the "Mercantile Library Association;" to make inquiries into its affairs, with the consent of its directors, and to report thereon, as may be deemed necessary to this corporation. ARTICLE XVII. The President, or one of the Vice-Presidents, with the consent of the members present, shall have power to adjourn a meeting, provided a number sufficient for transacting business do not attend. ARTICLE XVIII. To preserve order, and to expedite the business of the Chamber, every member who has proposals to make, or reasons for, or objections to offer to any proposition presented, shall rise and address the President; and no person shall interrupt another while speaking; and all motions, before they can be debated, shall be reduced to writing. ARTICLE XIX. No rules, regulations, orders or by-laws for the government of this Chamber shall be binding on the members thereof, unless proposed in writing at a preceding stated meeting, in order that the general sense of the corporation may be taken at a following meeting. ARTICLE XX. Nine members, of which number the President or one of the VicePresidents must always be one, shall be necessary to form a quorum, in order to transact business, and to ballot for members. ARTICLE XXI. No persons can be admitted members of this corporation but merchants and others, residents of this and contiguous States, whose avocations are connected with the trade and commerce of the country. Honorary members may be elected at the discretion of the Chamber. The privilege contained in Article XII. may be extended to persons other than those who are members, or to persons not qualified to become members of this corporation, subject to such regulations as the Chamber may, from time to time, direct. |