Full text of The Merchants' Magazine and Commercial Review : July 1849, Vol. XXI, No. I

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THE

MERCHANTS’ MAGAZINE,
E s t a b l i s h e d Ju l y ? 1 8 3 9 *

BY FREEMAN HUNT, EDITOR AND PROPRIETOR.

VOLUME XXI.

J U L Y , 1849.

NUMBER I.

CONTENTS OF NO. I., VOL. X X I .

ARTICLES.
PAGK

I. NOTES ON THE COMMERCE OF THE BLACK SEA. By J o h n P. B r o w n , Esq., of
the American Legation, residing at Constantinople, Turkey..................................................
' II. COMMERCIAL LEGISLATION OF NEW YORK IN 1849.—Panama Railroad—Steam
Navigation Companies between New York and Havre and New York and Liverpool—
General Insurance Law—Law relative to Agencies of Foreign Insurance Companies—
Suits against Foreign Companies—Personal responsibility o f Stockholders in Banks—The
Quarantine Question—Tax on Emigrants—State Legislation in general. By J. B. V a r n u m , J r ., Esq., Member o f the Legislature o f New York.
III. COMMERCE AND RESOURCES OF CUBA.—Exports and Imports for last twenty years
— Yearly average of same—Periods of five years—Internal administration—Customs rev­
enue for last twenty years—Railroads in the Island o f Cuba—Agriculture—Exports o f
Sugar and Tobacco— Molasses—Copper ore—Vessels arriving and clearing at Ports o f the
Island. Translated from the u Dia.no de la Marina” for the Merchants' Magazine.
IV . MERCANTILE BIOGRAPHY.—THE LATE JONATHAN GOODHUE....................
V. COMMERCIAL CITIES AND TOWNS OF THE UNITED STATES.—No. XVIL—THE
CITY OF ALBANY.—First Settlement o f Albany—Fur Trade with the Indians and Car
nadians—The center of the military operations of the British Government against the
French in North America—Its rapid increase in Commerce and Population after the
adoption of the Federal Constitution, and particularly after the completion o f the Erie
Canal—Its present Trade, Manufactures, and Prospects.........................................................
VI. L A W OF DEBTOR AND CREDITOR IN MISSOURI. By C h a r l e s C. W h i t t l e s e y ,
E sq., of the St. Louis (Missouri) Bar.......................................................................................
VII. RESTRAINTS UPON TRADE: CONTRACTS AND AGREEMENTS WITH RESPECT
TO, WHICH ARE ENFORCED BY LA W . By Hon. B e n j a m i n F. P o r t e r , o f Alabama.
VIII. RAILROAD TO THE PACIFIC. By Hon. J o h n M. N i l e s , lute United States Senator, o f
Connecticut..................................................................................................................................
IX. NAVIGATION OF THE CONFLUENTS OF THE RIO DE LA PLATA. By E d w a r d
A . H o p k i n s , Esq., of Vermont.

19

25

34
40

50
61
69
72
80

M E R C A N T I L E L A W CASES.
Endorsing Notes as Sureties, etc..........................
Deception in the Purchase of Merchandise, etc.

88
89

C O M M E R C I A L CHRONICLE AND R E V I E W :
EMBRACING A FINANCIAL AND COMMERCIAL REVIEW OF THE UNITED STATES, ETC., ILLUSTRA­
TED WITH TABLES, ETC., AS FOLLOWS I

The easy state of the Money Market—Quotations o f American Stocks in London—Exports o f the
Port o f New York in 1848-9—Influence of the Fire at St. Louis and the Crevasse at New Or­
leans on the Money Market—Paper Money the means of Taxation for war expenses—Cause o f
Hungary supported by Paper Money—Condition of the Banks of New Orleans—Operations o f
Exchange—Condition o f the Banks of Ohio from 1835 to 1849—Comparative Circulation o f
Ohio and New Orleans Banks—Ohio Stocks in London at par, etc., etc................................... 92-96
VOL. X X I.---- NO. I.
2




CONTENTS OF NO. I., VOL. XX I.

13

PAOK

COMMERCIAL STATISTICS.
Statement o f the Quantity and Value of Goods, Wares, and Merchandise imported into the Uni­
ted States for the year ending July 1,1848.................................................................................. 97-104
Exports and Imports of the German Zollverein in 1846 and 1847....................................................... 104

MISCELLANEOUS STATISTICS.
Statistics o f the Public Lands of the United States..............................................................................
Population, Area, Acres of Land, and Representation of each State.................................................
Statistics of Emigration into New York in 1844 to 1849.......................................................................
Estimated Crops of the United States, as per Hon. Edmund Burke’s Patent Report.......................

105
107
108
110

J O U R N A L OF B A N K I N G , C U R R E N C Y , A N D F I N A N C E .
A System of Banking Book-keeping: a Review, with Extracts..........................................................
Act of the New York Legislature relating to unclaimed Bank Dividends........................................
Individual Liability of Bank Stockholders............................................................................................
Controller’s Circular relating to Banking in New York.......................................................................
The Wall-street Stock Broker, and the terms“ Washing,” “ Long and Short,” “ Cornering,” e tc ..
Bills of Exchange and Promissory Notes in the Canadas: a new law.................................................

Ill
114
115
116
117
119

NAUTICAL INTELLIGENCE.
Light-House at Hyannis............................................................................................................................ 120
Nosshead Light-House.............................................................................................................................. 120
Light-House on Execution Rock, at the entrance o f Long Island Sound........................................... 121

COMMERCIAL REGULATIONS.
Tonnage Duly on Spanish Vessels: a Treasury Circular.......................................................................
Re-examination and Appraisement of Goods, etc., a Treasury Circular............................................
New Tariff of Venezuela..........................................................................................................................
Commercial Decree of Uruguay, touching the Impost on Flour.........................................................
Yucatan Tariff Regulations......................................................................................................................
-Philadelphia Board of Trade, on laying a higher Tax upon Emigrant Passengers...........................
Allowance for Drainage on Sugar imported...........................................................................................

121
122
122
123
123
123
124

J O U R N A L OF M I N I N G A ND M A N U F A C T U R E S .
General Manufacturing Law o f Pennsylvania........................................................................................
^Connecticut Copper Mines........................................................................................................................
Enprbved Machine for Spinning Yarn...................................................................................................
Iroh Furnaces in Ohio and Kentucky......................................................................................................
Improved Machine for Sewing...............................................................................................................
Description of a New Straw Cutter..........................................................................................................
California Gold............................................................................................................................................
'Method of Soldering Cast Iron with Wrought.......................................................................................

124
129
129
130
131
131
131
131

R A I L R O A D , CANA L , AND S T E A M B O A T S T A T I S T I C S .
Great Russian Railroad from St. Petersburg to Moscow.......................................................................
Canal Steam Navigation............................................................................................................................
Tolls on Canadian Canals..........................................................................................................................
Connecticut River Railroad.....................................................................................................................

132
133
134
134

MERCANTILE MISCELLANIES.
Mercantile Library Association o f Boston.............................................................................................
Iron Warehouse for California..................................................................................................................
Commercial Value of a Name..................................................................................................................
No Enjoyment from 111-gotton Wealth...................................................................................................

135
136
136
136

T H E BOOK T R A D E .
Comprehensive Notices of New Works or New Editions.............................................................. 137-142
The Editor of the Merchants' Magazine to his Friends and Patrons—with a Portrait............. 143-144

SJjp* The present number Of the Merchants' Magazine, the largest we have ever published, con­
tains 50 per cent more matter than the first number, or any succeeding number during the three first
years of its publication.




HUNT’ S

MERCHANTS’ MAGAZINE
AND

COMMERCIAL REVIEW.
JU LY,

1 849.

Art. I.— N O T E S ON T IIE C O M M E R C E OF T n E B L A C K S E A .
T rebizond , one o f the southern ports o f the Black Sea, is the most im­
portant town o f Turkey situated on that great inland sea. The other ports
are Heraclea, Sinope, Samsoon, and Batoum, the latter near the Russian
frontier o f Georgia. The three former places are the ports in which the
greater part o f the goods and merchandise destined for the interior of Asia
Minor are entered, while Trebizond mostly supplies the mountainous coun­
tries bordering on Circassia, a great part o f Georgia, and Persia. The latter
country receives some goods in its southern part through Bussorah, on the
Persian G ulf; but by far the greater part o f the British wares and cotton
manufactures, as well as the sugar and rum which it requires from the new
world, are shipped to Trebizond, generally by steam, from Constantinople,
and carried thence across the Pylaen Mountains on the backs o f horses and
mules, through Erzeroum and Kars, to Tabriz, Teheran, and Ispahan. The
cheap rate at which the looms o f England are able to manufacture our cot­
ton has completely driven ours out o f a market in Turkey, especially in the
Black S ea ; and this must continue to be the case until means are taken to
encourage the outlay o f capital in the United States in factories o f cotton
goods. In the East, the excellence and superiority o f American cottons are
admitted; but the indigent circumstances o f the inhabitants induce them to
purchase what they can procure cheapest, without any regard to the nature
o f the article. Some idea o f the importance o f the commerce o f this port
will be conceived by the statement that, in 1846, $6,557,835 o f manufac­
tures passed through it for Persia, and that $420,500 o f the same goods en­
tered it for the consumption o f the town and its vicinity. $145,900 o f sugar,
$84,030 o f coffee, and $5,880 of spirits, mostly from New England, via
Trieste and Constantinople, were, during the same year, imported for the
use o f the place. Its exports are of a miscellaneous nature, and during
the same period amounted in all to $2,394,370, and the total exports to
$8,230,825. W h at the commerce o f the other ports aforementioned amount




20

N otes on the Com m erce o f the B la ck Sea.

to, cannot now be stated; they are, however, considerably less than that o f
Trebizonde, when the transit trade to Persia is included, but quite equaling,
if not indeed surpassing it in the aggregate of local consumption. Notwith­
standing the now long residence o f our legation at the capital o f Turkey,
the commerce o f the Black Sea is as yet but little known to our merchants
at h om e; and this must continue to be the case until the government o f the
United States, at Washington, is prepared by Congress to send consular
agents into it who are themselves acquainted with the details o f commerce,
and are allowed a support while acting as pioneers in the acquisition o f com­
mercial knowledge for the use o f merchants in America. A consular or a
commercial agent at Trebizond, on a salary o f $1,000 a year, would be able
to make himself thoroughly acquainted with the trade o f all the Turkish
ports in the Black S ea; and if he was selected with entire reference to his
capacity as a commercial man, and not to his ability for demanding consular
fees and holding ships’ registers, the future utility o f the appointment is be­
yond calculation. In nearly all the ports aforementioned there are vice-con­
suls, or consular agents of nearly all the greater commercial nations o f Europe ;
those o f England are all merchants possessed o f extensive experience in the
commerce o f the East, and knowing also the languages necessary for com ­
municating with the local authorities and the inhabitants. In many cases
she selects for her consuls merchants o f honorable character, who have been
unfortunate in business; these are allowed moderate salaries o f $1,500, and
the privilege also o f trading; and the amount o f knowledge now possessed
by the British government, obtained through them annually, regarding the
number o f vessels o f all nations visiting the ports o f Turkey, the nature and
value o f their cargoes, the amount o f goods of each kind needed for con­
sumption, and the nature o f the exports and their value, must be o f a most
accurate and extensive nature. It is also certainly better acquainted with
the statistics o f Turkey than the Sublime Porte itself; the number o f the
inhabitants in its provinces, the revenues and resources o f the country in
general, are well known to i t ; and the rules and regulations governing its
commerce with Turkey in general, are doubtless based on this information.
Since 1847, no means have been possessed o f procuring a statement of
the commerce o f Trebizond. It has not, however, certainly in any measure
decreased. N o writer has ever written upon the trade of the southern ports
o f the Black Sea, though o f those to the north, in Russia, an excellent work
exists, published as far back as 1835, by Jules de Hagemeister, who used
statistics furnished him by the Russian government authorities o f Odessa
for his data.
This book has been translated and published in England.
Since 1835 a great increase has occurred in the commerce o f Odessa, the
principal port o f the Sea o f Azoff, (Taganroek,) and those in the Danube.
During the years 1825^-30, not more than from twenty to thirty English ves­
sels passed the Straits o f the Bosphorus annually for ports in the Black Sea;
and in the year just passed, 1848, not less than three hundred vessels re­
ceived fii mans o f passage. The greater part of these are in ballast, and are
chartered to proceed to Taganrcck, Odessa, Galatz, (in the Danube,) a barna
for cargoes of grain, (w heat, barley, and Indian corn,) and butter, tallow, and
hides for England direct, or for divers ports in other parts o f Europe. The
amount o f goods and merchandise which they convey to these ports is small.
Russia now both produces and manufactures for herself, and she only needs
England as a market for her grain and tallow. The late scarcity o f food
in Great Britain gave a stimulus to our farmers at home, and the amount




N otes on the Com m erce o f the B la ck Sea.

21

o f grain winch they now can sell to foreign nations has already seriously
affected Russian exporters. There can be no doubt but that the British
government looks forward, in future, to the United States as a source from
which her people are to be fe d ; and if we are to supply her manufacturers
with our cotton, and afterwards purchase the stuffs which are made there
from it, she is deeply indeed dependent upon us. This dependence is con­
sequently reciprocal, with but one difference— that while we may do without
her, she must look to us for her supply.
The commerce o f the Danube has lately greatly increased. Fresh beef is
now shipped from there in large quantities for the supply o f the British
army and navy, on contracts to that effect. The manner o f preserving this
beef is a novel one, and may not be without interest in the United States.
Bullocks are raised at a very cheap rate on the banks of the Danube, and its
many tributary small streams in the provinces o f Wallachia and Moldavia,
and are sold alive for about $12 to S i 5 a head, in excellent order. It is said
that the hides, bones, and horns, when cured for exportation, nearly, if not
totally, covers this cost. The beef, with the bones extracted, is cut up in
small pieces, and put into tin boxes with a small quantity o f water. N o salt
is used. The tin box is soldered up at all sides, and only a very small hole
is left in the corner o f the lid. The boxes are then set in a large iron vessel
containing water, and are there boiled over a brisk fire until all the liquid in
the tin boxes has escaped. The small hole left in each is then speedily closed
with solder, and being thus free o f all air, the beef in them is known to keep
several years as fresh as the day when it was put up. The expeditions to
the Arctic Sea, under Sir John Franklin and Captain Ross, have been fur­
nished with fresh beef preserved in this manner. Certainly beef and pork
can be put up as cheap in Illinois and Ohio, in this manner, as on the Dan­
ube, though the relative price o f tin is not known.
But one American vessel has been in the Danube. This occurred in 1847.
She went for a cargo o f grain for a European port. In 1 8 31 -2 several
American vessels went to Odessa, and hides— even a cargo of barley, were
shipped from there for New York. Since then their visits have been more
and more precarious. In 18 4 5 -6 some six or eight went there for grain for
Europe, but nothing is now shipped to the United States; on an average
about one or two go there now annually. The Sea of Azof!' and the ports
on the southern shores o f the Black Sea have never been visited by a vessel
under the flag o f the United States. The honorable Secretary o f the Navy,
in his annual report of 1847, mentions that the sloop o f war “ Plymouth,”
Captain Henry, had been destined to make a visit to the Black Sea, but
was not allowed to pass the Straits of the Bosphorus. This visit was evi­
dently intended for the purpose o f procuring commercial information for our
merchants ; and it is not necessary to offer a supposition o f the nature and
amount o f information which could have been procured. The visit o f an
experienced merchant from New York, who would be allowed a moderate
salary, and a couple o f years in which to perform the visit, would probably
have procured quite as much at certainly a somewhat less amount o f expense.
W ithin the past six or ten years the Belgian government has made a
commercial treaty with Turkey, and more recently that o f the Anseatic towns
has opened a new mart for their commerce and vessels. Soon after the con­
clusion o f the treaty, several gentlemen came out to Turkey attached to the
legation. Two were merchants and two were manufacturers— men o f prac­
tical experience, and fully qualified to obtain commercial information in this




22

N otes on the Com m erce o f the B la ck S ea.

country, and to convey a knowledge o f the products and manufactures o f
their own. They-spent ten years in Turkey and then returned to Belgium.
Since then the Belgian government has appointed a vice-consul at Trebizond, and allows him a small compensation for his services.
The Anseatic towns, in 18— , were wholly unknown here, and none o f
their vessels had visited this place. The consul sent by them is both ac­
quainted with the commercial interests o f his commerce and is a linguist o f
considerable reputation. They are mostly freighted in the ports o f the Medi­
terranean, to procure cargoes o f grain and other Russian and Turkey produce
for European markets, and also bring some o f the products o f their own
towns for sale here.
Since the liberal change in the English Corn Laws, foreign vessels have
been allowed to import cargoes o f grain into England. Previous to this,
this privilege was confined only to British ships. It was hoped that this
change would be the means o f sending many American vessels here for car­
goes to British ports, but it has not been the case; and the failure may be
ascribed to the low rate at which Austrian, Sardinian, and Greek vessels can •
be freighted in the Mediterranean.
• The chief articles which the United States may obtain from Turkey are
common wools, figs, raisins, common wines, olive oil, drugs, and box-wood
from the Black S ea; and import to it cotton manufactures,— whenever cheap
enough for the market,— rum, sugar, coffee, tea, stoves, both cast and air­
tight, chairs in pieces, and other New England handiwork. A t present, as
heretofore, all the machinery needed by the Turkish government has been
procured from England, and it still buys steamers for its navy and companies
from the works o f that country. It is incredulous that as good machinery
can be bought, at a much less rate, in the United States, and there is no
American mercantile firm in Constantinople to make the contrary known.
The Sultan, within the last few years, has erected an extensive and costly
iron works, near the capital, where he will probably, hereafter, have much
o f his machinery made. A small iron steamer has already been launched
there for his use. O f the two steamers brought out here from the United
States, one still exists, called the “ Bangor,” she is very old, but continues so
firm, that the Capudan Pacha has just purchased her for the use of the navy.
The other steamer, called the “ Marmora,” unfortunately was wrecked soon
after coming out h ere; she was a fine ship, and did her owners credit. The
Turkish government is desirous o f erecting a floating dock for the use o f its
navy, and the late Capudan Pacha was anxious for some one to come out
here from the United States who could build one for him. The failure o f
the person to come was a great disappointment to him. The character of
Americans stands high in the Sultan’s navy yard, where the most o f his
finest ships were built by the late Messrs. Eckford & Rhodes, o f New York.
There is one object o f commerce here which has not yet been mentioned,
on account o f the little interest to be attached to it in the United States. The
trade in slaves, both white and black, is still considerable here. Trebizond,
in the Black Sea, is the chief port at which they enter, after leaving the coast
o f Circassia. A s it is not known that there are any feuds open now among
the Circassian tribes o f mountaineers, in which children could be captured for
sale, there is no doubt but that the greater part, if not all o f the male and
female children brought from Circassia to this place for sale, are sold by their
own parents. Am ong the Circassians, marriages are contracted quite as they
yet are among the Indian tribes o f North America— namely, by purchase or




N otes on the Com m erce o f the B la d e S ea.

23

exchange. Youths, or their parents for them, procure wives by the payment
to their parents of a given number o f cattle, horses, or sheep, or indeed o f
any other barterable property; and thus the Circassian who brings his daugh­
ter to Constantinople and sells her into a Mussulman family, does, in his
mind, but little more than follow the usage o f his own country. The Rus­
sian government, since the treaty o f Adrianople, in 1826, considers the whole
o f Circassia as belonging to her, and does all in her power to prevent the
sale o f her subjects, as she calls the Circassians. Her cruizers are, for a great
part o f the year, vigilant in detecting all shipments o f Circassians, and some­
times succeed in catching their small vessels which venture off the coast for
Trebizonde and Batoum. It is said that the Circassians assemble on their
shores, ready to put to sea so soon as the Russian cruizers are well out o f
sigh t; and then crowding all sail, they make their way to the first safe Turk­
ish port on the southern shore o f the Black Sea. Sometimes the passage is
made in a day or tw o ; but during the summer season, when there are fre­
quent calms, they have reached Trebizond in a state o f starvation, and their
food and water entirely exhausted. Then, again, they have another enemy
to evade ; the Russian consul is always ready to claim them ; and more than
one cargo o f Circassian slaves has been claimed as his subjects, and compelled
to return to their own mountains. To avoid this, however, the Circassians
generally land on the coast, at some distance from Trebizond, whence they
enter the town unobserved. From Trebizond, they are brought down to
this capital in Turkish sailing vessels, and also in the steamers running
regularly between there and Constantinople— always as passengers, for it
would be difficult to distinguish those destined for slavery from those whd
are free. The number thus brought down to Constantinople amounts to.
some 2,000 a year.
The market for the sale o f the black slaves, brought here from Egypt and;
Tripoli, has been closed ; yet the slaves are sold as usual in the court-yard of
the mosque o f Sultan Mohammed. These are brought here also, generally ini
Turkish and Greek sailing vessels; but numbers also are shipped in the Aus­
trian and French steamers. Their number very much varies, but is not sup­
posed now to be greater than that o f the white slaves from Circassia.
:
The African slaves are used as servants of an inferior class; the males arq
door-keepers, scullions, and sometimes body servants; and the females- are
almost always used as cooks. The white slave (male) costs from $200 fq
$400, and is either bought up as a body servant, or as a son and companion
for legitimate sons. They thus attain to the higher offices o f the empire.
The females cost dearer, but their value depends so much upon their good
looks and accomplishments, such as music, singing, and embroidery, that nq
direct estimate can be formed. Ignorant girls o f ten years o f age, fresh froiq
the mountains o f Circassia, cost from $300 to $600 ; while those which havef
been educated, are older and comely, bring as high as $3,000 to $5,000.
Such, o f course, are mostly owned by the higher grade o f pachas, and by thq
Sultan. The condition o f the white slaves cannot be considered that o f sla­
very ; and, indeed, the meaning which that word possesses in North and
South America, is not the same which it has in Mussulmen countries. It
will, in conclusion, be added, that while the white slaves are freed after seven
or eight years’ servitude, though they seldom or never separate>from their pa­
tron, whose son or wife they may have become, the black slaves are also freed
after the expiration o f the same period, and are either then “ started ” in some
business by their late master, or are married off by him to some other freedman.




24

N otes on the Commerce o f the B la ck S ea .

A line o f steamers is Slow running semi-monthly between this place and
Trebizond, belonging to the British O. and P. Com pany; another to the
Austrian Company, and another to the Turkish Steam Navigation Company.
A ll find abundant freight and passengers. A Russian line runs every ten
days between Constantinople and Odessa; and the Austrian Company has
a line between Constantinople and Galatz, in the Danube. Thus the Black
Sea is nearly circumnavigated by steam, and frequent intercourse maintained
between its northern and southern ports. During the summer months, the
Russian government runs a line from Odessa, along the Crimea and the Cir­
cassian coast, to Radoat Kaleh, near Batoum, on the Turkish frontier. It is,
however, interrupted by the storms o f winter.
A t the mouth of the Bosphorus there is a light-house on either shore, for
the support o f which all vessels pay one cent per ton on their passage down.
These are, nevertheless, unable to render the entrance to the straits safe in
winter, and annually some 40 to 60 vessels are wrecked, either on approach­
ing them, or in other parts o f the sea. During that season, its storms o f
snow and wind are terribly severe ; and on the southern shore, except Ba­
toum, there is not one port in which they can seek a safe shelter from north­
ern winds.
j . p. b .
EXPOETS AT TKEBIZONDE, ON THE BLACK SEA,

Articles.

S ilk .......................
Copper..................
Tobacco.................
Vellow beans.........
Indigo.....................
Saffron....... ........
Gums.....................
Shawls...................
Beans....................
Apples...................
W ax.......................
Thread....................
Nuts........................
Linen......................
Asiatic manufact...
Butter.....................
Boxwood................
Persian tobacco.. . .
Galls.......................
Chair bottoms........
Coffee......................
Bice.......................
Leeches..................
Leather..................
Hem cloth..............
Almonds.................

1846.

Packages.
Value.
Articles.
2,626
$210,080 Dyes.....................
17,394 Pipe sticks..............
5,798
12,072 Wool.......................
2,012
205
1,640 Rags.......................
400 Hides.....................
100
84,750 Hourma..................
1,695
141
1,410 Potters’ earth.........
138
13,800 Nadink....................
10,458 W alnut boards.......
10,458
499
499 Planks....................
585
14,625 Salt.........................
3,440 Su^ar.....................
344
39,155
78,310 Steel......................
427
21,380 Glue.......................
53
265 Orpiment...............
6
300 Tiptick....................
3,200
4,949
292
1,126
110
10
389
11
8
13
38

6,440
29,094
2,244
1,126
660
100
7,780

47
30
915
1,500
3,000
6,000
137
90
40
99
21
92
800
3
242
49
12
21
1,382

Wheat....................
Alum......................
Haviar...................
Fishing nets..........
Klierma..................
Goldsmiths’ dust...
Sundries................

Value.
300
600
470
250
300
470
30
915
300
120
240
685
180
100
247
430
5,520
160
30
4,840
490
120
210
13,820

no
80
130
380

Total value__

IMPOSTS AT TBEBIZONDE, ON THE BLACK SEA, IN

£479,874

or $2,399,370
1846.

Packages.
Value.
Articles.
Articles.
39,347 £1,311,567 W ine..................
Manuf. for Persia. . .
84,100 B e e r...................
Ditto for Trebizgnde
2,523
29,180 Spirits................
5,836
Sugar........................
2,709 Olive oil..............
Tobacco....................
903
2,801
16,806 Salt..................... . .
Coffee.......................
3,561 Cloth..................
Soap..........................
1,187




Packages.
18
120
47
5

Packages.
567
290
119,700
7

Value.
3,490
10,206
1,176
5,800
4,788
350

Com m ercial L egislation o f N ew Y o r k in
IMPORTS AT TREBIZONDE, ON THE BLACK SEA, IN

Articles.

Cochineal.................
Sugar, wine, <&drugs,
for Georgia..........
Olives......................
Hardware...............
Spices.....................
Iron.........................
T in .........................
C oal.......................
Military stores........
Steel.......................
Tea.........................
Stationery..............
Cordage, hemp........
W ool.......................
Cotton.....................
Felt.........................
Russian canvass.. . .
Caps.......................

Packages.

170
1,107
58
698
334
13,677
208
2,011
503
547
14
135
3,850
350
46
200
450
16

1846--- CONTINUED.
Packages.

Articles.

Value.

25

1849.

1,700 Fruit.......................
Planks ....................
22,140 Drugs......................
348 Fruit.......................
13,960 Indigo......................
33,400 Chairs......................
13,677 Hides......................
6,240 Wax........................
3,016 Dye w ood................
5,030 Boxwood.................
1,094 Abba.......................
56 Sundries..................
1,350 Indian corn..............
3,850 Wheat....................
1,050 Barley.....................
230 Wood for building..
600
Total value. . . .
2,250
400

290
1,080
63
8
5
6
19,324
244
488
6,100
432
2,940
16,000
93,000
17,000

....

Value.

725
400
630
400
500
18
....
4,880
488
678
2,100
29,400
1,600
18,600
1,700
700

£1,656,165
or $7,280,825

A GENERAL TABLE OF THE SHIPPING TRADE OF TREBIZONDE, ON THE BLACK SEA, DURING THE
YEAR

1845.
No.

Russian vessels.......................................
Austrian “
British
“
Greek
“
Turkish
“ ......................... *............

2
28
10
6
108

Tonnage.

252
8,219
3,184
1,085
20,600

Imports.

Exports.

$34,012
8,219
1,321,505
506,250
4,125,145

$24,585
1,071,780
469,165
15,990
749,852

Constantinople, April 5, 1849.

Art. II.— C O M M E R C I A L L E G I S L A T I O N OF N E W Y O R K I N 18 49 .
P A N A M A R A IL R O A D — S T E A M N A V IG A T IO N C O M P A N IE S B E T W E E N N E W Y O R K A N D H A V R E A N D N E W Y O R K
A N D L IV E R P O O L — G E N E R A L I N S U R A N C E L A W — L A W

R E L A T I V E T O A G E N C IE S O F F O R E IG N IN S U R A N C E

C O M P A N IE S — S U IT S A G A IN S T F O R E I G N C O M P A N IE S — P E R S O N A L R E S P O N S I B I L I T Y OF S T O C K H O L D E R S IN
B A N K S — S E C U R IT IE S F O R B A N K IN G — T H E Q U A R A N T IN E

Q U E S T IO N — T A X ON E M I G R A N T S — S T A T E L E G ­

I S L A T U R E IN G E N E R A L .

T he Legislature,of the State o f New York closed its session on the 11th
o f April, 1849, having passed more than four hundred laws, both public and
private. Am ong those o f commercial interest is the act incorporating W il­
liam H. Aspinwall, John L. Stevens, and others, into a company for construct­
ing a railway across the Isthmus o f Panama. Active operations have al­
ready been commenced for carrying out the objects o f this company, a large
corps o f engineers being now engaged in making the necessary surveys.
From a communication to the Journal o f Commerce, it appears that such
progress has been made in the surveys as to show beyond a doubt, not only
that the construction o f a railroad across the Isthmus is entirely practicable,
but that the grades will be comparatively easy. By the discovery o f a sum­
mit level thirty fe et lower than had ever been ascertained before, it is found
that, on the whole route from the Atlantic to the Pacific, the highest grade
need not exceed fifty feet to the mile, and may be reduced to forty, while
the greater part o f the distance will be under twenty. Contrast this with
some o f the grades on the Boston and Albany Koad, which rise to eighty-




26

Com m ercial L egisla tion o f N ew Y o r k in

1849.

three feet per mile, and it will be seen how completely the bugbears o f trav­
elers and tourists have disappeared before the light o f science and persever­
ing research. The prospects which are thus opened to the proprietors o f
the Panama Grant, are truly magnificent. For not only are the terms of
that grant exceedingly liberal, but the cost o f constructing and operating the
road will be much less than was anticipated, while its capacity and efficiency
will be greatly increased. Although the road may not be built as soon or
on so extensive a scale as it w'ould have been had Congress entered into the
arrangement for employing the company to carry the mail and transport the
troops, there can be no doubt that the energetic merchants engaged in the
enterprise will accomplish sooner or later this long cherished object.
Two acts o f incorporation were passed for steamship lines, the one for
Messrs. Collins & Co.’s line to Liverpool, the other for Messrs. Fox & Co.’s
line to Havre, for both o f which the vessels are now on the stocks.
The bill to provide for the incorporation o f insurance companies, provides
that any number o f persons not less than thirteen may associate and form an
incorporated company for insurance on vessels, freights, goods, and specie,
bank notes, bills o f exchange, and other evidences o f debt, bottomry and re­
spondentia interests, also on dwellings, stores, household furniture, merchan­
dise and other property, against loss or damage by fire, and the risks o f in­
land navigation and transportation, or on the health and lives o f individuals,
or to a grant or purchase o f annuities.
N o such company to organize in the county o f New York or King’s coun­
ty with less than $150,000, nor in any other county with less than $50,000.
Mutual insurance companies cannot commence business in New York or
Kings, until agreements have been entered into with at least one hundred
applicants, the premiums on which, if marine, shall amount to $300,000 ; or
if fire or inland navigation, to $200,000 ; and notes have been received in ad­
vance of the premiums on such risks, payable at the end o f a written twelve
months from the date thereof. In other counties o f the State the premiums
must amount to $100,000. N o company shall expose itself to any loss on
any one fire or inland navigations risks or hazard, to an amount exceeding
ten per cent on its capital. N o life or health insurance company, on the na­
tional insurance plan, shall commence business, until a cash capital o f
$100,000 shall have been paid in and actually invested in stocks o f cities of
the State o f New York, o f the State or o f the United States, or in bonds and
mortgages on cultivated farms, worth double the amount for which the mort­
gage is given. The trustees and corporators o f any company organized under
this act, and those entitled to a participation o f the profits, shall be jointly
and severally liable until the whole amount o f the capital raised by the com­
pany shall have been paid in, and a certificate thereof recorded, as herein­
before provided. Notes taken in advance o f premiums under this act are
not to be considered debts of the company in determining whether a com­
pany is insolvent, but are to be regarded as assets o f the company.
N o dividend shall ever be made by any company incorporated under this
act when its capital stock is impaired, or when the making o f such dividend
would have the effect o f impairing its capital stock ; and any dividend so made
shall subject the stockholders receiving the same to a joint and several lia­
bility to the creditors o f said company to the extent o f the dividend so made.
The seventh section is o f more interest to those engaged in the business o f
insurance out o f New York.




Com m ercial L egisla tion o f N ew Y o r k in

1849.

27

S e c . 7. It shall not be lawful for any company organized under this act, to
transact business unless possessed o f capital or securities as hereinbefore men­
tioned ; nor for any agent or agents o f insurance companies incorporated by other
States, directly or indirectly to take risks, or transact any business o f insurance
in this State, without procuring a certificate o f authority from the Controller o f
this State, and such agent or agents, having procured a statement under the oath
o f the president or secretary o f the company for which he or they may act, which
statement shalhshow the amount o f the capital o f such company, the manner in
which the same is invested, and shall also state the fact whether its capital is im­
paired, and if so, how much; such statement shall be filed in the office o f the
County Clerk o f the county where such agent resides, and shall be published in at
least one newspaper, if a newspaper be therein published, at least six successive
weeks after the filing o f such statement as aforesaid; the first statement shall be
filed in the month o f January next, and such statement shall be procured annually,
and filed and published in each and every succeeding month o f January thereafter,
as long as such agency continues, and no company incorporated by other States
shall transact business in this State, unless possessed o f the amount o f actual capi­
tal required o f companies formed under the provisions o f this act, and no agency
o f any life insurance company formed under the laws o f other States shall trans­
act its business in this State, unless it shall first prove to the satisfaction o f the
Controller, of which fact he shall give a certificate to be filed in the office o f the
Clerk o f the county where such agency is established, that it possesses such an
amount o f actual capital as is required o f companies transacting the business o f
life insurance under the laws o f this State. Nor shall it be lawful for any agent
or agents, hereafter to be appointed, o f any company incorporated by any foreign
government, other than the States o f this Union, for the purpose o f insurance, to
transact the business o f insurance in this State, without procuring a certificate of
authority from the Controller; such agent or agents having previously furnished
evidence to the satisfaction o f the Controller o f the State, that such company has
invested in the stocks o f this State, or the United States, an amount equal to the
amount o f capital or security required by this act, and such stocks are held in
trust by citizens o f this State for the benefit and security o f such as may effect in­
surance wi‘ h him or them. And the agent or agents furnishing satisfactory evi­
dence as aforesaid, shall be entitled to a certificate thereof from the Controller
aforesaid. The statements and evidences o f investments required by this section
shall be renewed from year to year, in the month of January in each year, and the
Controller, on being satisfied that the capital securities and investments remain
secure as at first, shall furnish a renewal o f certificates as aforesaid; and the agent
or agents obtaining such certificate shall file the same, together with a copy o f the
statements on which it was obtained or renewed, in the office o f the Clerk o f the
county in which sueh agency shall be established, and shall cause the same to be
published in at least one newspaper published in such county. Any violation o f
the provisions of this section shall subject the party violating to a penalty o f five
hundred dollars for each violation, which shall be sued for and recovered in the
name o f the people, by the District Attorney o f the county in which the agent or
company so violating shall be situated, and the said penalty when recovered shall
be paid into the treasury o f said county, provided that all companies incorporated
by any government other than the States o f this Union, which may have appointed
such agent or agents before the first day o f March, 1848, may hereafter appoint a
new7 agent or agents in the case o f the death, resignation, or removal o f an agent
or agents previously appointed. The term agent or agents used in this section
shall include an acknowledged agent or surveyor, or any other person or persons
who shall in any manner aid in transacting the insurance business o f an insurance
company not incorporated by the laws o f this State.

The act further to amend the acts in relation to insurance on property in
New York, made by individuals and associations unauthorized by law. It
imposes a tax o f two per cent, and at that rate, upon the amount o f all pre­




'

28

Com m ercial L egislation o f N ew Y o rk in

1849.

miums which during the year or part o f a year ending on the next preceding
first day of September, shall have been received by any person who shall act
in the city and county o f New York, as agent for or on behalf o f any indi­
vidual or association o f individuals not incorporated by the laws o f New York,
to effect insurances against losses or injury by fire in the city of New York,
said tax to be paid to the fire department of New York. Before any such
agent enters on his duties, he must give a bond in the penalty o f $1,000,
conditioned to render an annual account, under oath, o f all such premiums,
and pay the duties. For every insurance effected without filing this bond he
shall forfeit $1,000. The act is made applicable to other cities and villages
o f the State, except that the penalty o f the bond is $500 instead o f $1,000,
and the penalty for insurance without filing the bond is $200 instead o f
$1,000.
By the 42 ’7th section o f the code o f procedure, as amended at this session,
it is provided that an action against a corporation, created by, or under the
laws o f any other State, government, or country, may be brought in the Su­
preme Court, the Superior Court o f the city o f New York, or the Court o f
Common Pleas for the city and county o f New York, in the following ca­
ses :— By a resident o f New York for any cause o f action ; by a plaintiff' not
a resident o f New York, when the cause o f action shall have arisen, or the
subject o f the action shall be situated within New York.
The act to enforce the responsibility o f stockholders in certain banking
corporations and associations, and to provide for the prompt payment o f de­
mands against such corporations and associations, provides for individual re­
sponsibility o f stockholders equally and rateably for the amount o f any debt
or liability, with interest, to the extent o f their respective shares o f stock in
any such corporations or associations, and makes most careful and efficient pro­
visions for bringing such corporations before the courts for inquiry into their
solvency, appointment o f receivers, &c. It is one o f the most important laws
o f the session.
Another bill provides that the stocks which banking associations, or indi­
vidual bankers, now or hereafter to be organized under the provisions o f the
act “ To authorize the business o f banking,” passed April 18, 1838, and the
amendments thereto, shall hereafter deposit with the Controller, shall be New
York State stocks, in all cases to be or to be made to be equal to stock pro­
ducing six per cent per annum, or at least one-half the amount so deposited
shall be in the stocks o f the State o f New York, as before mentioned, and not
exceeding one-half in stocks o f the United States, in all cases to be or to be
made to be equal to a stock producing an interest o f six per cent per annum;
and it shall not be lawful for the Controller to take such stocks at a rate
above their par value, or above their current market value.
The questions relative to railroads were by far the most exciting topics of
the session, but we propose to make them the subject o f a separate article.
A proposition for the removal o f the quarantine hospitals from their pres­
ent position on Staten Island to Sandy Hook, was brought forward at an
early day. Much difference of opinion prevailed among the navigators, mer­
chants, and pilots who testified, as to whether Sandy Hook bay would prove
a safe anchorage ground at all seasons, without the erection o f a costly break­
water, at the risk o f great injury to the harbor, and consequently to the com­
merce of New York. A compromise was finally made, by which, if, after
examination by the commissioners o f the land office, Sandy Hook shall be
adjudged a proper and convenient site for said hospital, negotiations are to




Com m ercial L egislation o f N ew Y o r k in

1849 .

29

be entered into with the government of the United States and the State of
New Jersey, for a cession o f so much land as shall be necessary. If a cession
is obtained, hospitals for infectious and contagious diseases are then to be
erected thereon, for which $50,000 is appropriated. To these hospitals all
patients sick with contagious and infectious diseases are to be transferred
from the incoming ships. The effect of this arrangement, if carried out, will
ultimately be in reality to transfer the whole quarantine; though the health
officer has it in his power to station vessels wherever he thinks proper. If the
plan for hospitals at Sandy Hook should not succeed, the State will be able to
return to the old or marine hospitals, for want of any better place. As the bill
was originally framed, the marine hospital property was to be sold, and Sandy
Hook bay was made the quarantine ground for all vessels coming into the port.
The passage o f the bill was the result o f a conviction that a removal o f the quar­
antine from its present populous neighborhood, would have to take place
sooner or later, although the present objections against the Staten Island
quarantine might be in a great measure obviated by judicious regulations for
separating those who were sick of diseases not contagious, from'those afflicted
with yellow fever, cholera, small pox, and ship fever, for which purpose the
hospitals o f the commissioners o f emigration on W ard’s Island, in the East
River, furnish every facility. But the number o f emigrants is increasing
every year, as is also the population on Staten Island, which has become al­
most a part o f the city, by reason o f the constant intercourse through the
ferries, all which seem to indicate that a removal o f the wdiole establishment
must be made at some future tim e; and the erection o f a hospital on Sandy
H ook now, will test the suitableness o f that place for a permanent quaran­
tine, and always be useful at a time when any malignant complaint is spread­
ing. If it should prove to be necessary to erect any artificial works in order
to make a good harbor at Sandy Hook, there would be serious objections to
th is; and it may be necessary at certain seasons to use the old marine hospi­
tal for the same purpose.
In this connection came up another veiy important and embarrassing
question. Heretofore the hospitals, under the control o f the health officer
and commissioners o f emigration, have been supported by a tax upon pas­
sengers arriving in the port o f New York. In the case o f Smith vs. Turner,
the Supreme Court o f the United States decided that the statute o f New
York, under which this tax was imposed, was unconstitutional, as being an
interference with our regulations o f commerce with foreign nations, and
among the several States. This decision placed the commissioners o f emi­
gration in a very critical position, with thousands o f sick emigrants in their
charge, and no means o f collecting funds for their support. The Legislature
referred it to the Controller and Attorney General to report “ what measures
ought to be adopted to protect the people o f New York from the introduc­
tion among them of disease and pauperism from foreign countries, and from
public burdens consequent upon such introductions.” The following extract
from their report shows the view they took o f the decision o f the court:— “ A
tax upon the passengers, while on ship-board, is declared unconstitutional;
but, when on shore, he ceases to be a passenger, and it is otherwise. So long
as the passenger cannot be taxed, the master o f the vessel cannot, it is be­
lieved, be taxed on account o f him ; first, because it would be doing that in­
directly, which is forbidden to be done directly; second, because the master
o f the vessel is himself at the time engaged in commerce, and cannot be in­
terfered with while so engaged, without interfering with the regulations o f




30

Com m ercial L egislation o f N ew Y o r k in

1849.

com m erce; and it is doubtful whether the owners or consignee, though on
shore, would be regarded differently. A ship while in port, or even on the
high seas, prosecuting her voyage between a foreign country and the United
States, may be taxed by the municipal authority o f the State where the owner
resides. But a distinction seems to be drawn between the ship, which is the
instrument o f commerce, and the goods and passengers on board, which are
the subjects o f com m erce; in no other way can the different propositions con­
tained in the opinion of the court be reconciled with each other. In view of
the case o f Smith vs. Turner, the Controller and Attorney General feel con­
strained to entertain the opinion, that no State tax upon a passenger, or upon
the master, owner, or consignee o f the vessel, on his account, can be imposed
until the voyage is ended, and the passenger landed; but that such passen­
ger, and the owner and consignee o f the vessel, become subject to the operation
o f State Legislation so soon as a passenger sets his fo o t on shore''
In conformity with this opinion, which was given “ with much diffidence,”
the Legislature passed a law by which, in substance, the master or com­
mander o f the vessel is required, under a penalty, upon the master, owner, or
consignee, within twenty-four hours after the arrival o f the vessel at the city
o f New York, to report in writing, on oath or affirmation, to the Mayor o f
the city o f New York, the name, place o f birth, and last legal settlement, age
and occupation o f every passenger, and also o f such passengers as had on the
voyage been permitted to land, or g o on board o f some other vessel, with the
intention o f proceeding to said c ity ; the owner or consignee o f such vessel,
resident within the State o f New York, after such report, are required to
give a bond in a penalty o f $300 for each and every passenger reported, with
two sureties, and conditioned to indemnify the people, or their agents or offi­
cers, and the cities, towns and counties o f New York, against all charges and
expenses which may be incurred for the relief or support of the person named
in the bond, or for the medical care o f such person, if received in the marine
' hospital, or any other institution for medical treatment, under their charge,
under penalty o f $500 upon such owner or consignee, in case o f neglect or
refusal to give such b o n d ; but such owner or consignee, within three days
after the landing o f such passenger, may commute for the bond so required,
by the payment o f one dollar and fifty cents for each o f such passengers, in
lieu o f such bonds, which commutation money when received shall be paid
over to the Chamberlain of the city o f New York, to be expended by the
commissioners o f emigration for the support o f the marine hospital, and for
the support and medical treatment o f destitute emigrants, the surplus o f such
commutation money to be invested for the future use o f said marine hospi­
tal, and for other expenses to be incurred for the support or medical treat­
ment o f destitute emigrants.
It has been very much the fashion in every State to ridicule the Legisla­
ture, and complain on account o f hasty legislation and waste o f time. The
principal inquiry has been, not how much good, but how little mischief they
have done. It must be confessed there is too much reason for these com­
plaints in every State; and when we look over the statute books, and see the
confusion into which all departments o f business are thrown by frequent and
ill-advised changes o f the law, we cannot but subscribe to the doctrine that
the world is governed too much.
In some of the States the Legislature meets but once in two years, and no
complaint has been heard o f the operation o f this provision. In Maryland,
we believe, the sessions are also limited in duration. A large amount is thus




Com m ercial L egislation o f N ew Y o rk in

1849.

31

saved to the State, and the business equally well done. Owing to the terri­
torial extent and commercial importance of the State o f New York, it seems
to be necessary that the Legislature should meet at least once a year. The
constitution provides that “ the members o f the Legislature shall receive for
their services a sum not exceeding three dollars a day, from the commence­
ment o f the session, but such pay shall not exceed in the aggregate three
hundred dollars.” It would have been better to have declared that the pay
should be “ three hundred (or four hundred) dollars for the session,” be the same
long or short. Members would not then measure their services by the num­
ber o f pay-days, as many do now, and would take sufficient time to do the
public business properly, instead o f hurrying bills through, during the last
Weeks o f the session, with but imperfect examination. W hile there would be
no danger o f their remaining in session too long, with such compensation,
there would, on the other hand, be little reason for fearing that they would
not sit long enough. Still the provision, as it now stands, has its advantages
— members are compelled to speak to the point, and not too long, if they
would forward their favorite measures.
The experience o f all previous Legislatures seems to show that, were the
sessions to last six months, there would be nearly as much business on hand
at the adjournment, as at the end o f a three months’ session.
There is another advantage about limited sessions. Better men can be
induced to go, when there is an assurance that they will not be detained from
their family and business beyond a certain time. To a majority o f the mem­
bers, the per diem compensation does but little more than pay necessary ex­
penses ; and those whose services are worth anything to the State, are mostly
such as have something to do at home. It has consequently been generally
the case that a large proportion o f the representatives consist o f young men,
who are more ambitious and industrious, perhaps, than older Solons, hut are
wanting in that experience which is o f so much importance. This latter diffi­
culty would be obviated if the same men were more frequently re-elected.
The Legislature itself is the best school to learn in, and any one who has
been present at its sessions must have observed the great advantage which
the older members possess over others. The same claims con^e up before
each successive Legislature in perhaps some new form ; and unless the old
members are on the constant lookout, continual impositions are practised, and
the State is swindled by the harpies who throng the lobbies.
Again, nothing but constant familiarity with legislation in drafting bills,
&c., can enable one to understand the true bearing o f a law, and whether
the language is made to express all that is intended, or is susceptible o f mis­
construction.
In most o f the States, the members o f the popular branch are elected an­
nually, and it is too much the custom to present new candidates every year,
each town in the county and district taking its turn. This arises in part from
the numerous objects o f local interest, the legislation upon which is more or
less controlled by the members o f that section. In the Legislature whose
proceedings we have had under consideration, a law was passed conferring
upon boards o f supervisors or county legislatures additional powers in rela­
tion to such matters, and thus dispensing with the necessity o f coming to the
Legislature whenever it is desirable to divide a town, to change a county
seat, to erect a new jail or court-house, and levy a tax therefor, or to fix the
time and place o f a town meeting. Serious apprehensions were entertained
lest this bill should have the effect o f producing too much legislation in the




t

32

Com m ercial L egisla tion o f N ew Y o r k in

1849.

counties, at a heavy expense, but the provisions are such as to guard in al­
most every way against hasty or improper legislation. A vote o f two-thirds
is required on all important measures, with notice to all the towns affected,
with other similar guards. It was further objected that the law would keep
the towns in a constant ferment and bickering among themselvess, by the fa­
cilities for agitating all kinds o f projects which a legislature on the spot would
afford; whereas, where they required to go to Albany, only those measures
in which there was a large county interest involved, or which were really ne­
cessary, would be demanded ; that it would be increasing the expense o f leg­
islation, with the difference that it would be expended in local legislation in­
stead o f one central power. These objections would apply with almost equal
force to the National and State Legislation. There can be no doubt that
there is much more legislation than there would be if there were no Legisla­
ture but Congress; but no man would pretend that Congress should be our
only Legislature. It is desirable that members o f a representative body
should take an interest in most o f the subjects which come before them, and
vote understandingly. W h at interest can a member from the city o f New
York take in a bill to regulate the killing o f game or catching o f fish in the
county o f Cattaraugus, or a bill to authorize a tax for building a court-house
in the county o f Chemung, or to designate the place for holding the next
town meeting in the town o f Bullville. These bills generally pass as a mat­
ter o f course, unless the members from that county oppose them, or are di­
vided in opinion on the subject; in which latter case, the question is not unfrequently decided more from personal influence than from any serious con­
sideration of the merits of the case. Or perhaps it forms an instrument for
log rolling in relation to some bill o f great public importance, some charter,
or private claim. In a board o f supervisors, every person would feel a personal
responsibility for every vote he should give on these questions, and they
would be decided more on their merits; or, if there was bargaining for votes,
the interests o f the whole State would not be made to turn on a local
matter.
A year’s experience will show whether this system is to work well, and,
in case it proves successful, not only will it be an example worthy o f imita­
tion in other States, but it will lessen the inducements for changing the rep­
resentation in the legislature every year. Or, if political aspirants must be
gratified, let efficient members be re-elected at least once.
The fault at the late session of the New York Legislature seems to have
been instability, in passing bills one day and reconsidering them the next,
and this proceeded from the very difficulty upon which we have been com­
menting. A large majority o f the members were in the Legislature for the
first time. In the early part o f the session, reliance could be placed on the
reports o f standing committees, and every question was discussed in the com­
mittee o f the w hole; but latterly bills were introduced on short notice, has­
tily examined by standing committees at great disadvantage, and ordered to
a third reading without further discussion. In such cases the standing rules
are constantly suspended, by unanimous consent. Almost every member has
some favor o f the kind to ask, and consequently will not object to a bill’s
being ordered to a third reading when asked by others, although he may
not have heard it read through once. The new constitution o f New York
requires the yeas and nays to be taken on the final passage o f every bill.
This takes up a great deal o f time, but it throws a responsibility on every
member which might otherwise be evaded. A majority o f all the members




Com m ercial L egislation o f N ew Y o r k in

1849.

33

elect are required, in all cases, to pass a b ill; and, on an appropriation bill
for public purposes, a quorum o f three-fifths must v o te : hence the singular
fact, that a bill is sometimes lost for the want o f a sufficient number o f nega­
tive votes. For every bill appropriating public money for private purposes,
the assent o f two-thirds o f the members is required.
Doubtless the convention supposed that these would be sufficient checks
upon hasty legislation; but this does not seem to have been the result. Had
that rule which requires that every bill shall first be read through, by sec­
tions, in committee o f the whole, been made a constitutional provision, it
would effectually do away with all application for unanimous consent. True,
not so many bills would be passed; hut there would be fewer amendments
proposed to the laws at subsequent sessions, and more confidence in the Leg­
islature.
The phraseology o f statutes is a matter upon which oftentimes a vast deal
of litigation arises, and the importance o f giving to legislative committees
authority to consult the Attorney General, or other legal advisers of the
State, in order to ensure accuracy in expressing distinctly the object proposed,
and no more, conciseness yet clearness, must be obvious to all who have had
occasion to notice legislative debates, and the subsequent construction of
statutes in the courts. A provision o f the New York Constitution, which de­
clares that “ no private or local bill which may be passed by the Legislature
shall embrace more than one subject, which shall be expressed in the title,”
has had the effect o f preventing all riders, as they are called, or tacking to­
gether several bills for distinct objects, under the comprehensive title o f “ an
act for the relief o f Phineas Hutchings, a n d /o r other purposes."
Since the new constitution o f New York went into operation, the Legislature
has made much progress in carrying out the provision for general acts o f in­
corporation ; and there are now, on the statute books, laws providing for
manufacturing, charitable and religious, railroad, plank-road, banking, and
insurance corporations. Reverting to that era in New York politics when a
single bank charter sometimes occupied half the time o f the session, and was
fruitful in all sorts o f corruption, one is inclined to wonder that so simple and
yet so satisfactory a system should never have occurred to our legislators before.
There is another matter which occupies much attention at every session.
It has already occupied much attention in connection with congressional leg­
islation, and we shall barely advert to it here, as not less important in State
than National legislation. W e allude to some system for the proper ex­
amination o f private claims. W ithout taking from the Legislature any of
the control they now possess, it seems advisable that private claims o f a
certain class should be examined beforehand by some department o f the
State government. In New York, for example, a large number o f claims for
canal damages are annually presented. These should, in all cases, be first
examined by the Board o f Canal Commissioners, and reported upon by them.
As, from long experience, they have greater facilities for examining these
questions than others, their report would form a good basis for a legislative
committee to act upon, and ensure accuracy in facts, if not in conclusions.
One or two cases where claims, since shown to have been without good founda­
tion, were allowed last winter, could never have occurred, had the matter
been first investigated by those who knew the way in which such claims may
be made to assume the most plausible form to those not familiar with canal
contracts. A nd yet more efficient and industrious chairmen have rarely
presided over canal committees than at this very session.
VOL. X X I.---- NO. I.




3

34

Commerce and R esources o f Cuba.

Generally speaking, our State Legislatures are muck more systematic and
industrious than Congress; there are fewer speeches made to Buncombe, and
there is more adherence to rules; but we regard the disposition to impose
still further checks upon them, which has been manifested in forming some
o f our new State constitutions, as a very favorable indication o f a conserva­
tive spirit. W e believe in sending good men, giving a liberal compensation
for tlieir services, and requiring them in all cases to give the most searching
examination o f the business before them. A nd if a limited session does not
enable them to dispose o f it all, the public will be- but little the worse, for
experience has shown that few bills o f real necessity are overlooked.

Art. III.— C O M M E R C E A N D R E S O U R C E S OF C U B A *
C U B A A N I M P O R T A N T P O S IT IO N — E X P O R T S A N D I M P O R T S F O R L A S T T W E N T Y Y E A R S — Y E A R L Y A V E R A G E
OF

S A M E — P E R IO D S

OF

F IV E

Y E A R S — I N T E R N A L A D M IN I S T R A T IO N — C U S T O M S R E V E N U E

FO R

LAST

T W E N T Y Y E A R S — R A IL R O A D S C O N S T R U C T E D IN T H E IS L A N D OF C U B A — A G R IC U L T U R E — E X P O R T S OF
S U G A R A N D T O B A C C O — M O L A S S E S — C O P P E R O R E — V E S S E L S A R R I V IN G A N D C L E A R I N G A T P O R T S O F T H E
IS L A N D , E T C .

I t is only o f late years that Cuba has assumed an important position in
the Spanish monarchy, yet we venture to say that there has seldom been
witnessed a more rapid advancement than this island has attained, far sur­
passing the other Spanish colonies, with whom its prosperous state forms a
painful contrast.
The resources o f the Island o f Cuba depend on its agriculture, manufac­
tures, and com m erce; and in respect to the former two, we unfortunately
cannot obtain so exact information o f their extent as o f the latter. However,
we may obtain an approximate idea o f our general wealth by our imports
and exports, as they have a direct connection with the general production of
all classes o f industry. Let us, therefore, consider the following statistical ta­
ble, during twenty back years, ending with 1847, for we cannot yet obtain
sufficient data to include 1848 :—
Years.
1828____
1829____
1830____
1831____
1832____
1833____
1834____
1835____
18 36____
1 8 3 7 ....

Imports.
$19,534,922
18,695,856
16,171,562
15,548,791
15,198,465
15,511,132
18,563,300
20,722,072
22,551,969
22,940,357

Exports.
Years.
$13,414,362 1838____
13,952,405 1839____
15,870,968 1840____
12,918,711 1841____
13,595,017 1842____
13,996,100 1843____
14,487,955 1844____
14,159,246 1845____
15,398,245 1846____
20,344,407 1847____

Imports.
$24,729,878
25,315,803
24,700,189
24,630,620
24,637,527
23,422,096
25,056,231
28,007,590
22,625,399
32,389,119

Exports.
$20,471,102
21,481,862
25,941,873
26,774,614
26,684,701
25,029,792
25,426,591
18,792,812
22,000,588
27,998,770

It is well known that the crops o f 1845 and 1846 cannot be relied on, as
showing a fair data o f production. In 1844, a long drought was followed by
a hurricane, which was felt in its effects for two years, (as seen by the table,)
as the crop o f 1845, which was exported in 1846, suffered from these terrible
* Translated for the Merchants' Magazine from the “ Diario de la Marina " o f Havana, January
2,1849. It will be understood that the remarks in illustration o f the statistics in this article represent
the opinions of the editor of the “ Diario de la Marina,” and not those o f the editor o f the Mer­
chants' Magazine,




35

Commerce and R esources o f Cuba.

visitations o f 1844. W e, therefore, in order to show more clearly our com­
parative advancement, have condensed the preceding table in periods o f five
years, v iz:—
Yearly av. of imports Increase during
and exports.
5 years.

1828 to 1832..............; ...................
1833
1837...................................
1838
1842...................................
1843
1847...................................

$30,920,111
36,314,956
49,073,615
50,149,797

Per centage o f
increase.

...............................................
15,395,745
14.9 per cent.
12,769,659
25.9
“
1,076,182
2.1 “

Thus there has been a constant increase for the last twenty years, in some
o f which it is particularly evident; and it would have been the most remark­
able during the latter one but for the unfortunate causes above stated, as
then some o f our largest sugar estates were formed, and among others the
“ A lara” o f Senor Fulueta, which we believe is not surpassed by any where
the cane is cultivated.
The internal administration o f this colony is adapted to the peculiar wants
o f the country, as regards the social condition o f its heterogeneous inhabitants.
On the one hand, it seeks to maintain firmly that long peace to which Cuba
owes her prosperity ; while on the other, every possible improvement is intro­
duced in the different branches o f the public service. Our government is
vigilant in enforcing the correct administration o f justice, in increasing the
means o f education, in removing obstacles to the advancement o f agriculture,
industry, and com m erce; and, moreover, in obtaining such desirable results,
no recourse is had to greatly increased, disproportioned, and onerous taxes,
which is shown by the following official statement o f the public revenue for
each o f the twenty years above cited, namely, from 1827 to 1848 :—
Customs
Internal
Years.
revenue.
taxes.
1828. $5,309,136 $3,777,270
1829. 5,193,967 3,948,642
1830. 5,027,095 3,945,452
1831. 4,795,465 3,501,739
1832. 4,792,178 3,645,228
1833. 5,235,371 3,660,185
1834. 5,098,288 3,847,446
1835. 5,426,033 3,371,149
1836.
5,743,793 3,523,472
1837. 5,809,775 3,027,390

Total
resources.
$9,086,406
9,142,610
8,972,547
8,297,204
8,437,407
8,895,556
8,797,182
9,267,266
8,837,067
9,365,910

Internal
Customs
Total
Years.
revenue.
taxes.
resources.
1838. $6,091,254 $3,267,656 $11,204,434
1839.
7,363,078 3,841,355 11,204,434
1840. 7,887,408 4,281,904 11,669,402
1841. 7,266,464 4,650,835 11,917,299
1842. 7,383,346 4,731,496 12,114,842
1843. 6,987,017 3,407,040 10,394,057
1844. 7,160,631 3,329,621 10,490,252
1845.
5,370,748 *3,629,252
9,000,000
1846.
6,232,967 4,907,811 11,140,779
1847. 7,494,330 5,314,833 12,808,713

Let us also view this table, condensed in periods o f five years each, v iz :—
1828 to 1832..............
1833 1837..............
1838 1842..............
1843 1847..............

Average yearly

Increase o f taxes during

Per centage o f

revenue.

each five years.

increase.

$8,787,234
8,948,560
11,254,377
10,766,760

............
$161,326
2,305,817
{487,617

1 9-10 per cent
20 5-10
4 5-10
“

In the table o f imports and exports, condensed in periods o f five years,
we have shown that the increase was 14T\ per cent, 25T\ , and 2T’ff ; where­
as, in this last table o f the revenue for the same years, we see that the in­
creased taxation has only been in the ratio o f 1T\ per cent, 20-JL, and a de­
crease o f 4 /j-, thus clearly showing that instead o f an augmentation o f taxes,
proportioned to the growth o f our commerce, there has been a diminution,*
* This amount is not official, but the customs revenue for this year are official, which have served
as a base on which to calculate the internal taxes,
f Decrease of revenue.




36

Commerce and R esources o f Cuba.

and the growing wealth o f the country, far from being oppressed with bur­
densome imposts, has been comparatively relieved from them.
Our government has especially in view the improvement o f communica­
tions with the interior o f the island, and to this end has dedicated a portion
o f the public revenue,— appropriations have also been made for increasing
the number o f bridges, light-houses, &c. It is still, however, true, that our
public roads are not yet as good as they might be wished; but it is not less
true that perfection therein has only been reached, even in old settled coun­
tries, after long and continued study and practice. Our administration has
done much in stimulating the spirit o f association for the purpose o f building
railroads, and was the first to construct at its own expense the road to Guines,
thus proving the possibility and utility o f introducing among us this means
o f conveyance. That the example was not lost, let the following list o f the
present railroads o f Cuba testify :—
RAILROADS CONSTRUCTED IN THE ISLAND OF CUBA.

When commenced.

1834.
1843.
1845.
1839.
1840.
1842..
1845.
1840..
1843..
1848..
1848..

Names o f the Roads.

Subscribed
Miles
Capital by the Junta
constructed, invested, de Fomento.

..
..
..

Havana to Guines*............................. ........ 88
“
branch to Batabano.............. ......... 11.10
“
to San Antonioj-.................... ........
8.87
..........
........ 29.25 $1,200,000
.. '
“
to Jucaro, with two branches ........ 35
1,100,000 $35,000
. . From Matanzas to Sabanilla............... ........ 28
1,200,000 f 68,000
..
“
“
Coliseo.................. ........ 24
1,000,000 102,000
“ Nuevitas to Puerto Principe... ........ 24
600,000
50,000
..
“ St. Jago de Cuba to the copper mines
9
620,000
..
“ Remedios to Caibarien§........^ In progress of ( ..............
20,000
..
“ Cienfuegos to Villa Clara||... f construction. ..............
W hile on this subject, we would remark that the greater part o f these
roads pass through those districts most cultivated with the sugar cane, the
most important branch o f the agricultural wealth o f C u ba; that the rates o f
freight are moderate, and yet sufficient to yield good dividends to the stock­
holders ; that the cost o f transportation o f our products has been reduced; that
these roads, joined with the steamboats which connect our sea-ports with each
other, enable planters who live in our cities to make more frequent visits to
their estates, and thus take immediate advantage o f the state o f the markets
for their crops; and, finally, that the prosperous result o f these enterprises
have produced others o f a similar nature, to which our administration has cor­
dially lent its approbation and the aid o f the public funds. Let us review
the progress of our roads during this year, and, as the most important, we ad­
vert to the union o f the Havana with the Matanzas road (la Sabanilla) at
“ Tienda de R e y e s t h i s will soon be followed by a junction with the Cardenas
road, and when this result is obtained, the three principal cities on the north
side o f the western department, namely, Havana, Matanzas, and Cardenas,
will be united together by a quick mode o f communication.
The Havana road was bought from the government by a company (as be­
fore stated) under the obligation to finish it at a certain time. This year it*§
* This road was finished as far as Guines, 51 miles, by the Royal Junta de Fomento, and sold by
them in 1842 to a company for $3,500,000.
f There is also a branch o f this road to Guanajay, 14£ miles in length, which will be completed in
1849.
X The “ Junta de Fomento ” has loaned to this road during the present year $146,500, at 5, 6, 7, and
8 per cent interest per annum, at a long credit.
§ This company has been formed with a capital o f $62,000.
| This last road is already partly laid out, and a great part of the stock already taken.




Com m erce and Resources o f Cuba.

37

was completed as far as contracted for, and within three years o f the time
stipulated. During this period, twenty-three miles were laid o f the thirtyseven which comprised the prolongation o f the road to where it meets the
Sabanilla or Matanzas line, in the same year the Bermeja station was opened,
and lastly the Union station was reached on the 24th o f November, when
we date the connection o f Havana with Matanzas by railroad. During the
last twelve months eight miles o f the branch to Guanajay were graded,
which reached Cuba del Agua, and it is probable that by the end o f next
April the road will be opened to this village, and finished to Guanajay about
the end o f June next. The company’s material for transportation consists of
thirteen locomotives, nine first class cars, six o f the second class, twelve of
third class, and 410 freight wagons. From the 1st October, 1847, to the
end o f September, 1848, 133,886 passengers were conveyed over this road
and its branches, 175,678 boxes sugar-, 371 hhds. sugar, 2,260 casks molas­
ses, 4,312 pipes o f rum, 5,018 bags coffee, 45,414 bales o f tobacco, 1,588
wagon loads o f corn, 2,770 wagon loads o f plantains, 1,282 wagon loads of
malojas, 3,470 hogs, besides various merchandise. There are 108 miles in
operation, and by the middle o f next year (1849) there will be 1 2 2 f, in­
cluding the Guanajay branch. This line and its branches traverse a rich
country, consequently it must be very profitable; but what in our opinion
will most benefit it is its union with the Matanzas road, and the junction of
this latter with the Cardenas and Jucaro, in accomplishing which the direct­
ors have shown much intelligence and activity.
T he S a b a n il l a R o a d . This enterprise has made some progress this
year, both in effecting its juncture with the Havana line, and advancing to
meet the Cardenas road. That part comprised between the village o f Saba­
nilla and Tienda de Reyes has been put in operation; at this latter place is a
station called “ La Union,” as it here unites with the Havana road. The
work here presented many difficulties on account o f the heavy grading to be
done after leaving the village o f Sabanilla; ravines had to be filled up in
many places with masonry, and hills to be leveled or cut through. Bolondron is the next station beyond Reyes, and this also was reached during the
year, as the formation o f the land offered less impediments to the work, thus
making eleven miles o f the road completed this year. In March next (1849)
it will be finished to the station o f Guira, and it is thought that in May it
will be in operation to Navajas, where it joins the Cardenas line.
The gross earnings of the road for the year ending 31st October last were $151,780
Running expenses for the same time.............................................................
65,295
Net earnings........................................................................................

$86,485

The freight transported amounted to 116,930 boxes sugar, 24,923 hhds.
molasses, and 1,475 hhds. Muscovado sugar. 48,014 passengers passed over
the road, and such has been the increase since its connection with Havana,
that the number o f passengers for the next year are estimated at 80,000.
C oliseo R a il r o a d . This road was completed this year as far as contem­
plated when first projected ; a portion o f it was opened on the 3d February,
but the whole was not in operation until the month o f June; consequently
the company was not able this year to carry one-half the freight that will in
future be conveyed over this road, which will be one o f the most productive
on the island, notwithstanding its heavy cost, owing to the unfavorable to­
pography o f the country. From February to November, the business o f the
road was as follow s:— 39,679 boxes sugar, 1,520 hhds. Muscovado sugar,




38

Commerce and R esources o f Cuba.

5,131 hhds. molasses, 2,198 bags coffee, 222 bags corn, 477 pipes ram, and
15,354 passengers, which yielded an income o f $55,409. The capital in­
vested for cost o f the road, locomotives, cars, depots, &c., amounts to

$1,000,000.
J u caro R a il r o a d . The branch to Banaguises has been finished this
year, a distance o f nine miles, over which has been freighted a large quantity
o f the sugar produced on the colossal estates which line this road, to hold
which a large depot, built o f stone, has been constructed. The number o f
freight wagons on the whole road has been increased to 150, and the pas­
senger cars in proportion. There was carried over the road this year 149,681
boxes sugar, 19,746 hhds. molasses, 13,921 passengers, which, with sundry
merchandise besides, have yielded $242,699, and enabled the company to
make a divided o f ten per cent.
N uevitas an d P uerto P r in c ip e R a il r o a d . According to the latest ad­
vices we have received o f this important road, it was finished to within six
leagues o f the latter city, and a portion already is in operation. W e look for­
ward to its completion in a short time.
S team ers . On the north side o f the island four excellent steamers main­
tain an almost daily communication between Havana, Matanzas, Cardenas,
and El Jucaro, and once a week one o f them extends its trip to Sierra Morena and Sagua la Grande, while another visits Cabanas and Bahia Honda.
On the south side two boats leave, periodically, Batabano for St. Jago de
Cuba, touching at the intermediate ports, and another steamboat leaves for
the Vuelta de Abajo, to the westward o f Batabano. In regard to foreign
countries, we have also periodical communications with Europe, New York,
Charleston, New Orleans, the Antilles, Vera Cruz, La Guaira, Chagres, and
with the Pacific via the latter port.
A griculture . The production o f our agriculture is yearly increasing.
This is indisputably proved by the statistics o f exports, though one o f the
branches which formerly constituted a good portion o f our agricultural wealth
has fallen into decay, and becoming daily more abandoned, especially in the
western department. But this creates no surprise to us, for it was foreseen
and announced years ago. Meanwhile the capital and labor formerly be­
stowed on this article (coffee) have been transferred to the sugar cane and
tobacco, thus explaining, partly, the increased production o f the latter staples,
which will constantly increase as the formation o f new plantations for them
are constantly multiplying. It is thus we account for the great crop o f 1847,
o f 1,274,811 boxes sugar, 9,309,506 pounds o f tobacco, 244,812,000 segars.
The uncertainty o f our crops is sometimes considerable, as, for instance, the
sugar crops o f 1844 and ’45. But that was owing to the great hurricane
and drought, the effects o f which were felt even in the following year. This,
also, was the case with the tobacco crop o f last year, as was apparent in the
decreased exports o f that staple during the present year. But these are acci­
dental circumstances, which do not disprove what we have above advanced,
and we invite, therefore, the reader’s attention to the following table :—
EXPORTS.

Years.
1842...........
1843...........
1844...........

Sugar.
Boxes.

817,643
889,103
1,009,565

Tobacco.

Years.
Lbs.
5,942,833 1845...........
7,208,238 1846...........
4,633,768 1847...........

Sugar.
Boxes.

987,742
1,274,811

Tobacco.
Lbs.

6,674,863
8,826,047
9,309,506

And, as regards the present year, we refer to the following table, compris-




39

Commerce and R esources o f Cuba.

ing the total exports from the island for eleven months, ending with Novem­
ber la st:—
STATEMENT OF THE EXPORTS OF THE CHIEF PRODUCTS OF THE ISLAND FROM ALL PORTS OF
ENTRY, TAKEN FROM THE MONTHLY RETURNS OF THE RESPECTIVE DEPARTMENTS.

Sugar.
Boxes.

Coffee.
Arrobas.

Molasses.
Hhds.

Havana..........
Matanzas. .. . ..
Cardenas.......

67 1,440
318,931
13,900

93,797
61,251
1,094

Trinidad.........
Cienfuegos.. . .
Nuevitas........
Santa Cruz. . .
Santa Espiritu.
Remedios . . . .

69,656
59,215
4,293
198

3,609
128
20

25,886
61,793
60,508
8,336
26475
14,160
5,030
997

Ports.

.....
5,595
34,628
31,298
1,648
115

Cuba,..............
Gibara............
Maflzanillo. . . .

1,880
8^327
851
20 1
1,475

548,432
16

Tobacco.
Rum. Leaf, unmanuf. Cigars. Copper ore.
Pipes.
Lbs.
Thous. Q tls .m ib s .
10.479

1,210,917

708,491

205,559

136,980

...
60
379
253
18 1

......

399^
5,000
4,537
2,669

411
2,061
155

........

........

554
2

1,208,536
1,867,736
31 5, 57 0
102,168

88
62
4,575
588
542
747

11,909

4,647,737

146,239

1

114

Total.......

1,141,721

........
571,826

57 1, 82 6

Our foreign commerce has naturally suffered from the political convulsions o f Europe, which, by checking the usual demand, have pro­
duced low prices during the last year. The following is a table o f the arri­
val and departure o f vessels from Cuba from January 1st to November 30,
1848 :—
N

a v ig a t io n .

LIST O F V E SS EL S E N T E R E D A N D C L E A R E D F R O M A L L P O R T S OF T H E ISLAND, F R O M J A N U A R Y
1ST T O N O V E M B E R 30, 1848.
-E N T E R E D .----------------------\

Ports.

National ves. For’n ves.

Havana.................
Matanzas..............
Cardenas..............
Mariel...................
Trinidad................
Cienfuegos............
Huevitas...............
Santa Cruz...........
Santa Espiritu.. . .
Remedios..............
Sagua...................
Cuba, St. Jago.. . .
Gibara..................
Manzanillo............
Baracoa................

491
81

Total................

Total.

/----------------------C L E A R E D .-* -

National ves. For’n ves.

1,469
348
154
1
14 7
154
40
3
1
20
37
280
31
51
15

500
54

86
21
6
2

978
267
154
1
114
140
30
2
1
20
37
194
10
45
13

745

2,006

2,751

...
...
33
14
10
1

...
...

Total.

53
22
1
2

970
26 1
165
2
118
166
31
21
1
29
45
162
11
55
15

1,471
315
165
2
167
171
36
23
1
29
45
215
33
56

674

2,052

2,726

...
...
29
5
5
2

...
...
...

17

This statement, compared with the last year, shows an apparent falling off,
although it does not include the month o f December. In 1847, the arrivals
at our ports amounted to 3,740, and there sailed thence 3,3 46; whereas,
during the eleven months o f 1848, the arrivals were only 2,751, and the de­
partures 2,726, as by the table. But let it not be thought that this de­
creased number o f vessels shows a diminution o f our commerce ' were it so,
how could we explain the fact that our exports were so large in 1848, in fact,
little short of the previous year; for although there was a falling oft' in coffee,




40

M ercantile B iograp h y.

rum, and molasses, there was an increase in the exports o f sugar o f 60,000
boxes, and that too without including December.
W e account for this ap­
parent anomaly by assuming that the difference of tonnage is less than the diference in the number o f vessels; and although we have no documents at hand
to prove it, we are confident this decrease in number has been thus compen­
sated by the larger size and increased tonnage o f the vessels which have done
our carrying trade for the year 1848.

Art. IV.— M E R C A N T I L E B I O G R A P H Y .
THE LATE JONATHAN GOODHUE.
F e w men have been taken from the ranks o f life and usefulness, in this
community, whose removal has occasioned so deep a sensation as was elicited
by the death o f the late Mr. Goodhue. It was not that he had sought for
popularity, or had aimed at a commanding influence. A constitutional del­
icacy o f feeling had rather led him to shun notoriety, and to shrink instinct­
ively from places which could give him prominence. The strong sensation,
then, which was manifested at his death, was but the spontaneous expression
o f the esteem and affection o f the community in which, for so many years,
he had lived and acted. In a widely extended intercourse, running through
a long and active life, he had left the impress o f his character on the minds
and hearts of thousands who had known him and who had loved him. He
had appeared among them not only as an upright man and an honorable
merchant, but as a fellow-being entering warmly into their feelings and anx­
ious for their wellfare. This ready flowing spirit o f sympathy and kindness
was strongly developed in Mr. Goodhue’s character, and was the more im­
pressive from his frank and lively manner, and the strong language with
which he gave utterance to his feelings. N o one could converse with him
without perceiving it. It was spontaneous, and needed only the presence o f
a proper object to show itself distinctly and fully. There was, indeed, a
transparency o f character in Mr. Goodhue throughout, which left no doubt
with any who conversed with him as to his principles and feelings.
The public demonstrations o f sorrow on the occasion o f his death were in
keeping with the feeling which pervaded the community. On the morning
in which his death was announced, the colors o f the shipping in the harbor
were displayed at half mast. A t a special meeting o f the Chamber o f Com­
merce and merchants o f New York, convened on the occasion, the following
resolutions were unanimously adopted:—

“ Resolved, That the Chamber o f Commerce, and other merchants o f New
York, representing the unanimous sense of this body, record the death o f Jona­
than Goodhue, now no more o f earth, with the sincerest grief, and with the high­
est respect for his virtues.
“ Resolved, That as a merchant, his enterprise, his systematic attention to busi­
ness, his unvarying good faith and fidelity, his unspotted honor and unstained
integrity, entitle him to a lasting good name in the commercial annals o f our
country.
“ Resolved, That we equally declare our high esteem for his virtues as a man,
for his kindness o f heart, his liberality in useful public enterprises, and his activity
in works of charity; for his modesty, and also for his elevated Christian spirit, and
for the unostentatious simplicity and blameless purity o f his private life.




The L a te Jonathan Goodhue.

41

“ Resolved, That, in common with the whole commercial community o f this
country, by whom he has been so long known and esteemed, we respectfully ten­
der our sympathy to his mourning relatives and friends, and that these resolutions
he communicated to them as a last mark o f our respect.”
The members o f the Mercantile Library Association, at a meeting conven­
ed on the occasion, adopted resolutions expressive o f their sympathy, and of
their high estimation o f his character and example.
The public journals o f the day were full and warm in their expressions
o f sympathy and respect to the memory of one who had enjoyed so largely
the esteem and affection o f all who knew him.
J o n ath an G oodhue was bom at Salem, Massachusetts, on the 21st o f
June, 1783, and at his decease had attained the age o f sixty-five years. His
father was the Hon. Benjamin Goodhue, who received the high testimony o f
the esteem in which he was held by his fellow-citizens by being elected a
member o f the United States Senate for two successive terms. The subject
o f this memoir was educated at the grammar school o f his native place, and
his mind was thus prepared for the more varied acquisition o f knowledge
which he afterwards derived from extensive reading and intercourse with the
world.
A m ong his school-mates and the associates o f his early life were
many who became distinguished as merchants, or in the learned professions,
and some who rose to eminence in public life.
As he had a strong mind, intent upon the acquisition o f knowledge, and
never yielded to indolence or vicious indulgences, he had the better oppor­
tunity for mental improvement, and in this respect few men have more
faithfully redeemed their time.
In the year 1798, at the age o f fifteen, he entered the counting-room o f
the Hon. John Norris, o f Salem, a merchant o f wealth and enterprise, exten­
sively engaged in the trade o f Europe and the East Indies. Mr. Norris was
a man of great moral worth, distinguished for his piety, benevolence, and
strict regard to truth.
Such an example is at all times a blessing to the
world, and it was not lost in its influence upon his young apprentice. After
a few years spent in the counting-room, Mr. Goodhue received a mark of
confidence not unusual in those days, in being sent abroad as supercargo in
the employment o f Mr. Norris.
His first voyage was to Aden, in Arabia, commencing in December, 1803,
and terminating in July, 1805, in which he touched at the Cape o f Good
H ope and the Isle o f France. H e remained six months at Aden on this
occasion, and was much interested in his intercourse with the Mohammedans
in that region. His second voyage was to Calcutta, commencing in October,
1805, and terminating in October, 1806. Here again he was much inter­
ested in his intercourse with the Banians and natives o f India, and he was
led, by his observations at this early period o f his life, to form a habit of
making liberal allowances for the defects and imperfections o f those who had
been born and brought up under a more obscure light than that which he
had enjoyed.
Mr. Goodhue removed to New York in November, 1807. In commenc­
ing his commercial career he still enjoyed the patronage o f his early friend,
Mr. Norris. B y the purity o f his character, his intelligence, and his faithful
devotedness to his interests, he had gained his lasting esteem and confidence.
It was also his singular good fortune to enjoy the countenance and patron­
age o f the Hon. W illiam Gray, o f Boston, so well known for his wealth and
enterprise, and so distinguished in the commercial history o f this country.




42

M ercantile B iograp h y.

The late Joseph Peabody, o f Salem, who was among the most wealthy and
eminent merchants o f his day, was also among his patrons. This was an
auspicious beginning, and few men in the outset o f life have, in the way o f
patronage, been so highly favored. It was, however, an advantage which he
could not have enjoyed if he had not established a character which gave
him a title to their confidence and esteem.
H e was equally happy, on his arrival at New York, in being recommended
to gentlemen o f leading influence and respectability, by whom he was taken
by the hand and introduced at once to the most select society. A m ong his
warm friends was the late Hon. Oliver W olcott, then engaged in commercial
pursuits, and the late Archibald Gracie. General Matthew Clarkson was
also among his early and most valued friends, and Mr. Goodhue afterwards
became connected with his family by the marriage o f his daughter. He
always cherished a grateful sense o f the kindness of his early patrons, and
always spoke o f them with respect and affection until the close o f his life.
H e was never elated by the many flattering attentions which he received on
his first introduction to his new place o f residence, and no man has ever
deported himself with more modesty in a career in which there has been so
much which might have fostered vanity in a mind differently constituted.
The long embargo, and subsequent war with England, checked for a while
the full success o f Mr. Goodhue’s mercantile career. H e hailed the return
o f peace with great delight, and on the receipt o f the intelligence dispatched
an express to Boston, with instructions to proclaim aloud the glad tidings in
every town on the route. The Bostonians received the messenger with joy,
and did not allow him to return without a reward. This act was character­
istic o f Mr. Goodhue. It might have occurred to other minds to have avail­
ed o f this occasion for the purpose o f private speculation; but he was ab­
sorbed by the one thought o f the paramount importance o f this great event
as a public blessing.
After the peace o f 1814, the relations o f Mr. Goodhue’s mercantile firm
became, by degrees, more widely extended through all the commercial parts
o f Europe, the East Indies, Mexico, and South America. In the course o f
his long commercial life he became extensively acquainted with the numer­
ous foreigners who visited America, many o f whom enjoyed his hospitality;
and the warm expressions o f regard which have been received from them
since his death was announced, are among the most precious memorials o f his
family and friends.
Mr. Goodhue’s commercial life extended through an interval o f time fraught
with momentous events, affecting deeply the position and circumstances of
commercial men. The long em bargo; the war with England which follow­
ed i t ; the various changes in the Bank o f the United States, and final over­
throw o f that institution; the various alterations o f the tariff,.and the suc­
cessive contractions and expansions o f the currency consequent upon these
events, occasioning heavy disappointments and losses to all the community,
followed in quick succession. It was no small felicity to have survived these
changes, and to have maintained throughout a high credit and unsullied
reputation.
W e have alluded to the ready flowing sympathy and fellow feeling winch
marked Mr. Goodhue’s character. It was especially manifested towards those
in dependent situations and in the more humble walks of life. N o laboring
man, however low his condition, could be engaged in his service without
perceiving that he had a considerate regard for his feelings and for his rights.




The L a te Jonathan Goodhue.

43

N o domestic ever lived in his family without being impressed by his conde­
scension and kindness. This feeling made him reluctant to part with those
who had faithfully served him, and few men have ever made so few changes
in those who have held subordinate situations under them. The cartman
who, on his first arrival in New York, took his baggage to his lodgings, was
employed by him until old age obliged him to retire from active life. A
principal book-keeper, well worthy o f his confidence and esteem, remained
with him for fifteen years, and then withdrew merely because he wished to
change his mode o f life. A confidential counting-room porter, after being
in his service for twenty-five years, still holds his place in the house of Goodhue & Co. These incidents, not important in themselves, are worthy o f
record as characteristic o f the man, and they furnish an example o f a trait
o f character not generally sufficiently cultivated. The busy, prosperous com­
munity are too apt to overlook the feelings and rights o f those who are
dependent upon th em ; and are too insensible to the beneficial influence
which, by a proper sympathy and care, they can exert over them.
The incidents o f private life, even in the case of one who occupies a prom­
inent and important place in society, do not afford much matter o f general
interest. W e shall therefore, in the remainder o f this article, pass to a brief
sketch o f the character o f Mr. Goodhue.
H e was a man o f clear, and strong, and inquisitive mind, well informed
by extensive reading and a large intercourse with men o f intelligence. In
politics he was a Federalist o f the old school, steady and unwavering through
all the momentous changes o f the times in which he lived. He was always
the warm advocate o f free trade— ever ready to give his influence to measures
which could promote it. H e felt a deep and lively interest in the progress
o f improvement, and looked forward with cheerful, ardent hopes to the grad­
ual melioration o f the human family in their condition; hut he dreaded
revolution as fraught with violence and often ending in defeat. His hopes
rested on the gradual and effective influence o f a more general diffusion o f
knowledge and civilization.
In religion he was the invariable and unyielding advocate o f the rights o f
conscience, entirely opposed to oppression and domination under whatever
name they might be called. H e had a strong affection for the pure and up­
right, o f whatever religious sect they might b e ; an uncompromising abhor­
rence o f hypocrisy and false pretension, in whatever garb they might show
themselves. Few men had a more sacred regard for truth— a deeper sense
o f accountability. N o man had a more profound reverence for the Great
Supreme. The records which he has left show that he had calmly contem­
plated the approach o f death long before it took him from the world. The
call was sudden, but it did not take him by surprise. His character is so
truly and ably portrayed in the discourse o f the Rev. Mr. Bellows, delivered
on the occasion o f his death, that we close this article with a few extracts
from it.
In a community like ours, there is especial danger that the Christian standard
will decline, and with it the confidence o f the public in the reality o f Christian
faith and virtue. W e live confessedly in the midst o f great temptations and se­
ductions. There is nothing, perhaps, concerning which men doubt each other
more than in regard to their power to withstand the temptation o f money. That
“ every man has his price,” is a received maxim o f terrible import, whose practical
disproof concerns the interests, and even the credibility o f the gospel, more than
tongue can tell. It is to this “ trial by gold,” that we are called in this commer­




44

M ercantile B iograp h y.

cial metropolis: a trial more to be dreaded than the old trial by fire. Amid the
competitions and collisions o f mercantile enterprise, pressed by the necessity and
the difficulty o f speedily succeeding, in order to maintain the expensive position
here assumed; surrounded by examples of crowds, whose confessed and only
object is accumulation; supported in lax practices by the maxims o f the careless;
tempted now by the glittering prizes o f rapid success, and then by the imminent
perils o f sudden failure; excited by the triumphant speculations o f the adventur­
ous, and dazzled by the social splendors of the prosperous; conversant all the
day long, for at least six days in the week, with the plans and projects, the con­
versation and spirit o f money-making, what wonder is it, that riches come to
stand for the principal thing, and that the laws and spirit o f Christian virtue are
so often found to be withes o f straw in the fires o f worldly ambition and business
enterprise ?
What we particularly need, then, is the example o f men who are thrown into
the hottest part o f this furnace, and yet come out unscathed! Men who enter
into the arena o f business, seek its rewards, wrestle with its competitors, experi­
ence its temptations, taste its disappointments and its successes, its anxieties, and
its gratifications; pass through its crises o f panic, and o f bubble-prosperity, and
yet through all, uphold a character and reputation for unspotted honor and integ­
rity, for equanimity and moderation, and for qualities o f mind and heart, to which
worldly success is manifestly and completely subordinated. The world may well
be suspicious o f an untried virtue; o f the worth o f an integrity which sustains
itself in seclusion, and never measures its strength with the temptations o f life;
o f a professional goodness, which is hedged about by the restrictions o f public
opinion; of a talking piety, that mistakes the glow o f beautiful and exalted sen­
timents for the earnestness and vigor o f moral principle; o f the graces which
merely reflect the circumstances that surround them; as, for instance, the humility
o f the low in station, the amiableness o f those whose natural temperament is
equable, the self-control o f the unimpassioned, or moderation of desires in those
who are without opportunity or hope o f advancement. What we need to con­
firm our faith in virtue, to reprove and stimulate our consciences, is to see the
triumph of tempted integrity, the victory o f a spirit that feels the force o f the
passions and desires that agitate our own hearts, and yet controls them; that is
subjected to our own trying circumstances, and turns them to the account o f
goodness.
It is no uncommon thing to hear men, as it were, fortifying their own moral
resolution by assailing Ihe ordinary objects of human desire; denying the desira­
bleness o f fortune; charging the necessary principles on which business is con­
ducted with intrinsic immorality, and attributing to wealth itself all the evils which
come from the passionate “ love o f money.” When these words proceed from
the mouths o f the unsuccessful, or from those withdrawn from the walks o f trade,
they indicate a very suspicious kind o f past experience, and a very doubtful sort
o f unworldliness. The truth is, the business o f this world must be carried on,
and there must be commercial centers, where wealth, with all its responsibilities,
perils and advantages, will be concentrated. Merchants, in the largest use o f that
word, are a necessary and most important class— a fixed, indispensable, and per­
manent class— in the divisions o f society. There is no prospect whatsoever that
the pressure of care, the competitions o f trade, the increase o f wealth, or the
growth o f private fortunes, will diminish in a place like this. Just here, this work
which you are doing is to be done— will remain to be done! and you and your
successors will be subjected to whatsoever dangers and disadvantages to the moral
nature belong to it. It by no means follows because a post is dangerous that it
is to be deserted, or that it is wrong to occupy it! It by no means is true that
things are unimportant or to be dispensed with, because they are morally perilous.
Commerce is dangerous precisely because o f the magnitude o f the interests in­
volved in it Money is “ perilous stuff,” just because it is the representative o f all
other physical and o f much intellectual and moral value. This community of
business interests and business men is a dangerous and difficult place to dwell in,
because those exclusively occupied in dealing with that, which most nearly and




T he L a te Jonathan Goodhue.

45

universally touches the present wellfare and immediate necessities o f millions, feel
the passions and wants o f the nation pressing back upon them, and shaking with
convulsive energy the nerves which they themselves are. You feel here, in the
commercial heart o f this country, the heat and passion o f the whole body. You
fulfill an indispensable function. It is a dangerous one. The fireman who feeds
the furnace o f the steam-engine is exposed to certain death if the boiler hurst;
but he is the last man that can be withdrawn from his post. Let it be understood
that the merchant occupies a post o f peril; that he handles the most dangerous
substance; that he is, of all men, most exposed to the evils o f worldliness; that
his principles are destined to fearful trial; that he is to live in constant excite­
ment, with anxiety, hope, fear, adventure, risk, as his stormy element; that
mercantile misfortune has its imminent moral perils and commercial success,
equal and peculiar dangers! Let the merchant understand that he places him­
self, for the sake o f certain valuable and not unworthy considerations, in a
position in which he is to expect little tranquility o f mind; small control o f
his own time, and little direct opportunity for cultivating tastes and pursuits
usually regarded as protective to the moral nature. Let him understand that
he is, more than any other man, to deal directly with what is, by general con­
sent, the most seductive, exciting, and treacherous commodity in the world; that
which most tempts integrity, moves the baser passions, absorbs the faculties,
chills the humane affections, and dulls the spiritual senses; that which was the
object o f our Master’s most emphatic warning. But let him, at the same time,
recognize the Christian lawfulness and providential importance o f his calling, and
appreciate the force o f the truth that the possible moral advantages o f a position
are proportioned to its moral perils, so that no man’s opportunities o f forming
and exemplifying the Christian character in some o f its most commanding attri­
butes, are so great as those o f the merchant. In no man is superiority to world­
liness so much honored; no man’s integrity is so widely known or so much ven­
erated ! Honor, uprightness, brotherly kindness, purity and singleness o f purpose,
moderation and essential superiority to worldly maxims and ambitions— these
qualities, if they exist in the merchant at all, exist in him in spite o f daily trials
and temptations. If any man’s principles require to be sound to the core, it is
his. They do not exist by the forbearance or felicity of circumstances. They
are not passive graces. They need to be positive, active, aggressive qualities;
opposing to the perils and assaults o f his circumstances a rugged and stern resist­
ance. As such they are recognized and honored; and no man occupies a more
commanding moral position, displays a more useful character, or wins a more sin­
cere and compulsory reverence, than the Christian Merchant! And what does
the community need so much, what can it so ill spare, as the example o f such
men?
W hy then is it, that with an almost unequaled demonstration o f sorrow and
bereavement, this community gathers about his grave, and testifies, in the sincerest and heartiest forms, its reverence and love ? Whence this burst o f admiration,
respect, and affection, coming simultaneously from every portion o f the public;
uttered through the resolutions o f commercial bodies; speaking from the lips of
the press; and, above all, falling in tones o f tenderness from private tongues in
all classes o f society ? ■ It is as if every one had lost a friend, a guide, an exam­
ple ; one whom he is surprised to find has been equally the object o f respect and
affection to ten thousand others! No concert o f action, no mutual understanding,
has marked this expression o f public feeling! W e hardly knew that we had a
man among us in whom such regards united; and no one beforehand could have
predicted the impression his death would make upon the community. He filled
so quiet, so unobtrusive, and so steady a place among us, that our thoughts were
never directly or abruptly fixed upon him. W e felt, we knew, his worth and his
influence; but we did not make it the frequent theme o f our remark, nor weigh
it against that o f others; and therefore, I repeat, we are almost taken by surprise,
when forced, by general testimony, to acknowledge that no man could be taken
from this community amid such general regrets, possessing such universal confi­
dence, or filling a larger place in its affections and respect.




46

M ercantile B iograp h y.

My brethren, it is the recognized worth o f private character which has extorted
this homage! It is not what he has done, but what he has been, which thus at­
tracts the gratitude and respect o f this community. Jonathan Goodhue had suc­
ceeded, during a long and active life o f business, in which he became known to
almost all our people through the ordinary relations o f trade and commerce, in
impressing them with a deep and unquestioning sense o f his personal integrity
and essential goodness. Collecting its evidence from a thousand untraceable
sources, from the unconscious notice o f his uniform and consistent life, from the
indirect testimony o f the thousands who dealt with him, from personal observa­
tion, and from the very countenance and manners o f the man, this community had
become penetrated with the conviction o f his changeless virtue, o f his spotless
honor, o f his secret and thorough worth. Other men might have equal integrity,
but he had the power o f making it indubitably apparent. Other men might have
his general worth, but he somehow manifested it in a way to place it beyond
cavil, jealousy, suspicion, or indilference. He occupied, what is ever to be viewed
as the greatest o f all earthly positions, that o f a witness to the reality o f virtue,
and one whose testimony was accepted. Brethren, do we know the greatness o f
this office ? do we recognize that which it supplies, as the profoundest need of
society? that which it accomplishes as the most useful and sublime service render­
ed to men and communities ? If we ask ourselves what the public is now so
gratefully contemplating in the memory o f Jonathan Goodhue, we find that it is
not his public services, not his commercial importance, not even his particular
virtues and graces. It is the man himself: the pure, high-minded, righteous man,
with gentle and full affections, who adorned our nature, who dignified the mer­
cantile profession, who was superior to his station, his riches, his exposures, and
made the common virtues more respected and venerable than shining talents or
public honors; who vindicated the dignity o f common life, and carried a high,
large and noble spirit into ordinary affairs; who made men recognize something
inviolable and awful even in the private conscience, and thus gave sanctity and
value to our common humanity! Yes, my brethren, this was the power, this the
attraction, this the value o f Jonathan Goodhue’s life. He has made men believe
in virtue. He has made them honor character more than station or wealth! He
has illustrated the possible purity, disinterestedness, and elevation o f a mercan­
tile life! He has shown that a rich man can enter the kingdom o f heaven. He
stands up, by acclamation, as the model o f a Christian Merchant.
Here, perhaps, I might better pause, as having said all that needs to be set forth
on this occasion. But you will suffer me to dwell with a little discrimination
upon so interesting a subject o f contemplation. The distinguishing moral traits
o f Mr. Goodhue were purity o f mind, conscientiousness, benevolence, and love
o f freedom. Perhaps the first was the most striking in a man in his position.
Originally endowed with a sensitive and elevated nature, and educated among the
pure and good, he brought to this community, at mature age, the simplicity and
transparency o f a child, and retained to the last a manifest purity o f heart and
imagination. I think no man ever ventured to pollute his ear with levity or coarse
allusions, or to propose to him any object or scheme which involved mean or
selfish motives. He shrank, with an instinctive disgust, from the foul, the low,
the unworthy; and compelled all to feel that he was a “ vessel made to honor,”
which could admit no noisome or base mixtures in its crystal depths. His purity
o f mind was still further evinced in the difficulty with which he conceived o f bad
motives or wrong intentions in others. He had an unaffected confidence in his
fellow-creatures, growing out o f his own ingenuousness. He was the apologist
o f all men, seeking explanations o f their misconduct which would relieve them
o f utter condemnation, and often cling to them when deserted by most others.
It was remarked by one who enjoyed his daily and familiar intercourse, that he
never heard him speak in decisive scorn o f any man but in one instance. His
purity o f mind manifested itself in the childlike character o f his tastes, manners,
and pleasures. He retained through life the playfulness and the simplicity o f a
boy, and was as an equal among his own children. His mind seemed to have no
fuel for the fiercer passions o f manhood. He had no taste for notoriety, influ­




T h e L a te Jonathan Goodhue.

47

ence, social conspicuousness, exciting speculation, or brilliant success. His purity
shrank from the soil contracted in such positions and pursuits. And thus he
maintained the equanimity, elasticity, and spontaneous cheerfulness o f his youth,
even to his latest days.
Probably conscientiousness would be first named, by this community, as Mr.
Goodhue’s characteristic quality. Duty, I doubt not, was the word, if not oftenest
upon his lips, most deeply stamped upon his heart. He was accustomed to refer
his conduct, in little and in great things, to the court o f conscience.
Nor was this sense o f duty in him the stem and narrow principle it is some­
times seen to be, even in the good. He had the nicest sense o f justice— a most
tender and solicitous regard for others’ rights, and was ever on the watch to learn
and to fulfill his obligations in the least particular to every human creature. His
conscientiousness was not more manifest in the undeviating rectitude o f his mer­
cantile and commercial career, than in social and domestic life. He was careful
to pay honor where honor is due; to lose no opportunity o f manifesting respect
for worth and virtue; to avoid the least trifling with the feelings or the reputation
o f others; and to give, at all times, the least possible trouble on his own account.
How lofty a sense o f honor— how pure and strict an integrity— what high-minded
principles he carried with him into business, you are far better able to estimate
than I. But if the testimony of the commercial world is to be taken, his count­
ing-room was to him a sanctuary in which he offered the daily sacrifices o f justice,
truth, and righteousness, and sent up the incense of obedience to that great pre­
cept, “ Do unto others as you would that they should do unto you.” It was the
pervading control and influence o f this sense o f duty, which enabled him to say
at the very close o f his life: “ l a m not conscious that I have ever brought evil
on a single human being.”
And this suggests another characteristic o f Mr. Goodhue— his benevolence;
which, when I mention it, seems, as each o f his other traits does, the most strik­
ing of all. Kindness o f heart was joined in him with purity o f feeling and lofti­
ness and rectitude o f conscience. It did not in him take the form o f a public
philanthropy, although for thirty years he was most assiduous and deeply interest­
ed in the duties o f a Trustee o f the Savings’ Bank, and a governor o f the hospi­
tal— offices which he would not relinquish even amid the infirmities o f his few
past years, because he loved the intercourse of the sick and the poor. His benev­
olence was rather a constant and unwearied desire to make all within his reach
happy. He loved his race. He was uneasy if cut off, for ever so short a time,
from the intercourse o f his fellow-creatures. The human face was dear to him,
and his heart overflowed with tenderness and good-will towards every creature
that bore it. Perhaps no man in the community had a livelier interest in man
simply as man. It mattered nothing what his station, condition, faith, country, or
color, he loved his kind; loved to make the human heart rejoice; loved to call
up even momentary feelings o f satisfaction in the breasts o f those with whom he
had only a passing intercourse. W ho so scrupulous as he to discharge the little
courtesies of life with fidelity; whose eye turned so quickly to recognize the
humblest friend; whose smile and hand so ready to acknowledge the greetings o f
a most extensive circle o f acquaintances ? I know nothing o f his more substan­
tial services to the suffering and the needy. He was not a man to allow his left
hand to know what his right hand did; yet, who can doubt that his charities were
as large as his heart and his means 1 But can we overrate the worth of that
beaming goodness which overleaps the barrier o f station and wealth, and makes
for its possessor a place in the heart o f the humblest and most obscure ? Love
creates lov e; and the unbounded measure o f affection which this community
poured out to him, shows how freely he had given his heart to his fellow-men!
I dare not speak of the exemplification his benevolence found in the domestic
circle, where he knew how to preserve the most manly dignity, while he lavished
a woman’s heart.
The love o f freedom was the most conspicuous mental trait in Mr. Goodhue.
He was the earnest advocate o f political freedom, o f religious liberty, and o f free
trade. Possessed o f a large understanding, cultivated by careful reading, and




48

M ercantile B iograp h y.

early impressed with the principles that moved our republican fathers, he had ex­
ercised himself upon all the political, religious, and commercial questions o f his
time, and upon most had worked himself out into the largest liberty and the clear­
est light. By conscience, by heart, he was the ardent supporter of human rights.
He could bear no restrictions, tolerate no interference here. He had a full and
unwavering confidence in the value and the permanency o f our institutions, and
was not dismayed by any o f the discouraging signs o f the times. He believed
fully in human progress, and delighted in nothing so much as in noticing or re­
counting the proofs o f it. But his strongest feeling was the importance and the
necessity o f religious liberty and perfect toleration.
I might speak, my brethren, o f the simplicity o f his manners, his modesty and
humility, his great dislike o f ostentation in modes o f life, dress, equipage, and
domestic arrangements. These were the qualities which made him loved as well
as respected. No man envied his success, or was jealous o f his honors. His
wealth built up no barrier between him and his fellow-men, however humble.
His circumstances however prosperous, his condition however elevated, did noth­
ing to conceal, to distort, or to color the image o f the man himself. He was
manifest through all, and appeared in his modest, simple, sincere goodness, from
which none felt the least provocation to detract,
I should wrong him, and the place, and the otfice I fill, did I fail to say, that the
foundation o f all that was admirable in Mr. Goodhue’s character, was piety! A
profound reverence and love for God was the central and pervading sentiment o f
his heart. This was the light and strength o f his conscience. To please God, to
render himself a pure and acceptable offering in his sight, to do his Maker’s will
on earth as it is done in heaven— this was the rule and the impulse, and the secret
source o f his righteous life.
In conclusion, my brethren, I have one witness to produce, in confirmation o f
the testimony now concluded, whose integrity, humility and reliableness you are,
at this moment, least o f all disposed to question— I mean, the subject o f these
observations himself. After Mr. Goodhue’s death, a letter was found, written by
him only a few months before, and addressed to his family, which forms such a
mirror o f the man, and contains so much that is interesting and valuable to us
and the community, that every scruple o f reserve has given way before the ur­
gency which has sought its publication on the present occasion. It may be con­
sidered as Mr. Goodhue’s dying testament, as it is, next to his good name, the
most precious bequest left to his children. Omitting such parts as more directly
concern his immediate family, I shall now proceed to lay this letter before you,
without comment, as the appropriate proof, enforcement, and moral o f this dis­
course. The paper is dated New York, February 7, 1848, at his residence in this
city, and is as follow s:—
“ Born on the 21st o f June, 1783,1 am now well advanced on my 65th year.
This fact of itself would remind me that the end cannot probably be very far off.
But besides, I have, for about two years past, occasionally found an oppression on
the chest, on moving quickly, which seems to indicate some derangement in the
action o f the heart, and this difficulty I think has materially increased within a
few weeks. Wishing to offer some observations for the use o f my family, should
I be suddenly removed from them, I have set down the thoughts that occur to me.
“ First, then, I thank Heaven, that my lot has been cast in this age, and in this
land. I say in this age, for although the evils that exist are abundant, yet I think
there has been great gain in the general recognition among a numerous portion
o f the intelligent part o f society, o f the importance o f the great principles o f
Peace, Temperance, and respect for the rights o f others. And in my own coun­
try these principles are more prevalent, I think, than in any other; and there is,
moreover, I think, this further encouraging view— that they are constantly making
progress throughout the community. I take this view also, that the conditions
which go to giving a man the consideration and esteem o f his fellow-ereatures, to
which we all justly attach a value, have more reference to the essentials o f char­
acter, as intelligence and virtue, and more independence o f the extraneous circum­
stances o f official position, family connection, or great wealth. The advantages




The L a te Jonathan Goodhue.

49

o f these accidents are o f no comparable importance here with what they are in
the other countries o f the world ; and thus temptations to draw men aside from
the course o f virtuous life, are accordingly so much the less dangerous.”
After expressing his gratitude for the blessings o f his domestic ties, and the
happiness o f his home, he says:—
“ In those in whom my happiness is more immediately concerned, what equiva­
lent could there be for a departure from a life of uprightness.”
And then continues:—
“ In looking back on my own course o f life, I have abundant cause for thank­
fulness; for while desiring humbly to acknowledge the insufficiency o f my own
merits, yet have I great reason to rejoice that, growing up under the influence of
the good and the pure, I have escaped many evils where others have been less
fortunate. I have often mentioned that, among my associates in my native town,
(Salem,) I scarcely ever heard a profane word.
“ I ought to account it another circumstance o f thankfulness, that I had the
advantage, in early life, o f imbibing and cultivating sentiments o f perfect tolera­
tion and charity for the religious opinions o f others, so that I have never for a
moment felt the slightest restraint in cherishing all good-will towards the worthy
and good, of whatever sect or denomination they might be. At an early period
o f my life I was thrown, for several months, exclusively into the society o f Mo­
hammedans and Brahmins, and there were many among them with whom a mu­
tual regard subsisted. Mere opinion, if squaring even with my own notions of
truth, 1 have ever considered as far less important than right motives. I wish to
cherish the most devout reverence for the Great Omnipotent, Omnipresent, and
Perfect Being, the Great First Cause, the Creator and Ruler o f the Universe— our
Father, Preserver, and Benefactor; and to keep habitually in view the obligations
I owe to him o f perfect obedience in all things. What these duties are, I think
are more plainly shown in the life and precepts o f the Great Teacher, and I wish
accordingly to set all value upon them. These -he has said are essentially, love
to God, and love to man.
“ In reference to the style o f living, I wish to advise my children against every­
thing like extravagance, however much they may happen to be favored with the
means o f indulgence. Things comfortable, if they can afford it, I would not
withhold; but I should consider it a rule never to be departed from, that so far
as display should be the object, they should never exceed in the slightest degree,
the rule which should prevail among the wise and the prudent. An infinitely
more deserving object o f their regard, in the bestowment o f superfluous means
should be, I think, the aiding o f the great cause o f learning and science. I have
no doubt that the tendency o f society is to lessen the distinctions o f rank as re­
gards the accidents o f birth and station, and that the great principle o f equality
is to make progress in the world— and when growing out o f a high civilization,
it is to be hailed with all welcome. The overthrow o f almost any o f the insti­
tutions o f society, in any country, by violence, I should be disposed to deprecate,
and I am disposed to abhor revolutions, but to cherish reformation everywhere.
“ In reference to the closing scene in this world, I wish to express my desire
that there be no parade connected with the funeral performances. It would be
my desire, that none but the immediate relatives and friends should be called
together when the usual religious services should be performed, and that not
more than a single carriage should follow the hearse to the cemetery.”
After bidding adieu to his family, with a particular reference to every individual
having any claim upon his recollection at such a solemn moment, he concludes
with these words:—
“ I pray Heaven to receive my parting spirit.”
(Signed)
“ Jonathan G oodhue.”
In a postscript is appended the following pregnant after-thought:—
“ I add, as a most happy reflection, that I am not conscious that I have ever
brought evil on a single human being.”
VOL. XXI.----NO. I.




4

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Com m ercial C ities and T ow n s o f the U nited States.

Art, Y.— COMMERCIAL CITIES AND TOWNS OF
NUMBER XVII.

THE CITY OF
ALB A N Y— IT S F IR S T SE T T L E M E N T — FU R T R A D E W IT H

T H E IN D IA N S A N D

T H E M I L I T A R Y O P E R A T IO N S OF T H E B R I T I S H G O V E R N M E N T A G A IN S T T H E F R E N C H
— I T S R A P ID I N C R E A S E IN C O M M E R C E A N D P O P U L A T IO N A F T E R T H E
S T I T U T I O N , A N D P A R T I C U L A R L Y A F T E R T H E C O M P L E T IO N OF T H E

A D O P T IO N OF T H E F E D E R A L CON­

E R IE C A N A L — I T S P R E S E N T T R A D E ,

M A N U FA C TU R E S, AND PR O SPE C TS.

T he settlement of Albany was commenced in tbe year 1614 by the United
New Netherland Co., in the erection of a trading-house on Castle Island,
immediately below the site of the present city. This post was fortified with
two pieces of cannon and eleven stone guns, and commanded by Jacob
Jacobz Elkens, who continued in the employ of the company for four years.
In the spring of 1618, the fort on Castle Island was so much injured by the
breaking up of the ice in Hudson’s River, that it was abandoned, and the
post removed a short distance to the south, to the banks of the Norman’s
Kill. The charter of the New Netherland Co. having expired the same year,
the West India Co. was formed, and in 1623 erected Fort Orange, on the
site of the present city of Albany. The first governor of Fort Orange was
Hans Jorissen Houten.

The government o f Holland about this time granted to Killian Van
Rensselaer, a pearl merchant o f Amsterdam, a tract of land twenty miles in
length, On Hudson’s River, and forty-eight miles in width, to which was
given the title o f the Manor o f Rensselaerwyck. This manor comprised the
present counties o f Albany and Rensselaer, the northern portion o f the latter
excepted, and a part o f the present county o f Columbia. The city o f Albany
is situated midway between its eastern and western, and about six miles
south o f its northern boundary, on the west bank o f Hudson’s River, near
the head o f tide-water, and 150 miles from New York.
The Patroon o f Rensselaerwyck, for by this title was Killian Van Rens­
selaer designated in the charter o f his manor, sent out from Holland in
1630 a colony o f fifty persons, who landed at Fort Orange on the 24th o f
May, in that year. Other settlers followed in each succeeding year, and
were distributed over the territory, and thus laid the foundation o f the
villages in the vicinity o f Albany.
The first foreign arrival at Fort Orange was a vessel called the William,
owned by three London merchants, who had commissioned Jacob Jacobz
Elkens, above mentioned, as factor or supercargo. The W illiam touched at
Fort Amsterdam, now New York, and was forbidden by the governor o f that
post, W outer Van Twiller, to ascend the river. Nothing daunted, however,
Elkens was determined to attempt the passage. He was successful, and
arrived in the neighborhood o f Fort Orange in May, 1633. H e erected a
tent about a mile below the fort, and landing his goods, commenced an ac­
tive trade with the Indians. The governor o f Fort Orange, hearing o f this,
soon embarked on board a shallop, with a trumpeter, and proceeded to the
landing place o f Elkens. “ By the way,” saith the old chronicle, “ the trum­
pet was sounded, and the Dutchmen drank a bottle o f strong waters, o f three
or four pints, and were right merry.” They also set up a tent by the side of
the English, and endeavored, but to little purpose, to hinder their trade




The C ity o f A lba n y.

51

with the Indians. A t the end o f fourteen days, three Dutch vessels, de­
spatched by Governor Van Twilier, arrived from below, and forcibly ousting
the English, compelled them to embark. The owners o f the W illiam esti­
mated the damages which they experienced on this occasion, at five thou­
sand pounds sterling; for the annual trade o f Hudson’s River was at this
period estimated at from 15,000 to 16,000 beavers.

The same.year, the Directors of the West India Co. ordered “ an elegant
large house with balustrades, and eight small dwellings for the people,” to be
erected at Fort Orange. A few years afterward, the name of Beverwyck
was substituted for that of Fort Orange. After the conquest of the colony
of New Netherland by the English, in the year 1664, the name of Bever­
wyck was changed to that of Albany, in honor of the Duke of York and
Albany, afterwards James II. Its trade at this time, and for a long period
later, consisted chiefly in furs, which were purchased of the Indians at very
low prices, and sold to the agents of European merchants iu New York. In
course of time, as the inhabitants of the vicinity of the city began to raise a
surplus of grain, the trade in breadstuffs assumed considerable importance,
as also did the timber trade. Flour and saw mills were erected by Albany
merchants on the water courses near the city, and a large number of vessels
were employed in the transportation of the product of these mills to New
York and the West India Islands. Kalm, a learned Swedish naturalist,
who traveled in this country in 1748, states that all the vessels which then
plied between Albany and New York, were owned at the former place; and
that they “ brought from Albany boards, plank, and all sorts of timber, flour,
pease, and furs, which they obtained from the Indians or smuggled from the
French.” The same writer states that these vessels returned “ almost empty,
and only bring a few merchandizes, among which rum is the chief. This
last is absolutely necessary to the inhabitants of Albany. They cheat the
Indians in the fur trade with it; for when the Indians are drunk, they will
leave it to the Albanians to fix the price of the furs.”
Wheat was raised at this period, just one century ago, in large quantities
in the vicinity of Albany; the average yield being about twenty bushels to
the acre. Albany flour was considered the best in North America, except
that from Kingston, in Ulster Co. The exportation of pease was also large.
At this time, and for many years afterward, there was no quay at Albany,
on account of the ice. Heavy freight was put on board the river craft by
means of canoes and batteaux. At the period of Kalm’s visit, the fur trade
continued to be the principal branch of commerce pursued by the Albanians.
“ There was not a place in all British America, the Hudson Bay settlements
alone excepted, where such quantities of furs and skins were bought of the
Indians as at Albany.” Most of the Albany merchants of that day sent a
clerk or agent to Oswego, which was a noted resort of the Indians who had
furs to dispose of. They also spent the summer at Oswego in person, in
order to trade with the Indians; “ cheating the same, when in liquor,” accord­
ing to Kalm, who also states that the “ Albany merchants glory in these
tricks.” Besides this trade with Oswego and the Valley of the Mohawk,
Albany enjoyed a large trade with the Indians of Canada, and other sections
of the country. The French merchants of Canada being prohibited from ex­
porting furs to the English colonies, were obliged to resort to smuggling in
their commercial intercourse with Albany. They sent their furs, by means of
the Indians, to their correspondents in that city, who purchased at the price
previously fixed upon with the French, and gave to the Indians, in exchange,




52

Com m ercial Cities and T ow ns o f the U nited States.

cloths and other goods, which were sold in Albany at a lower rate than were
those which were sent to Canada from France. This trade with Canada was
lost to Albany, in a great degree, after the conquest of that province by the
English. At this period, wampum was made in Albany in large quantities,
and sold to the Indians at a great profit.
Of the character of the Albanians, one hundred years ago, as merchants
and citizens, Kalm draws a picture by no means flattering, as follows:—
“ The avarice and selfishness of the Albanians are well known throughout all
North America. If a Jew, who understands the art of getting forward per­
fectly well, should settle among them, they would not fail to ruin him. For
this reason, no one comes to this place without the most pressing necessity.”
Kalm also complains of a general indisposition to oblige, and of the exorbit­
ant charges to which he was subjected. At the same time, he admits that
“ there were some among them who equaled any in North America, or any­
where else, in politeness, equity, goodness, and readiness to serve and
oblige.”
During the seven years’ war, and for years afterward, Albany was the cen­
ter o f the military operations o f the British government against the French
and Indians in North America. The great army o f General Abercrombie
was encamped for several weeks on the plains below the city, and the la­
mented Lord Howe, and other distinguished officers o f that army, were in
habits o f daily intercourse with her principal citizens. To Albany, also, at
this period, the prominent citizens o f New England frequently resorted, to
hold counsel with the Schuylers, and other eminent men of the province of
New York, in relation to Indian affairs. In 1754, a Congress o f Commis­
sioners was held in Albany, in pursuance o f an order from George II., to
treat with the Indians, and to determine upon a plan for a more general
union o f the colonies. To this Congress came Theodore Atkinson, from New
Hampshire, Governor Hutchinson, from Massachusetts, Lt. Gov. D e Lancey,
from New York, Benjamin Franklin, from Pennsylvania, Col. Tasker, from
Maryland, and many other distinguished men from the Northern and Middle
provinces. A full account o f the proceedings o f this Congress is contained
in a “ Review o f the Military Operations in North America, from 1753 to
1756,” attributed to Gov. W m . Livingston, o f New Jersey. The Commis­
sioners were, both for abilities and fortune, among the first men in North
•America.
The speakers, however, were few in number, but among them
were those who spoke with singular energy and eloquence. A ll were in­
flamed with a patriotic spirit, and the debates were mooving and heart-stirring.
Gov. Livingston compared the Congress with one o f the “ ancient Greek
Conventions, for supporting their expiring liberty against the power o f the
Persian empire, or that Louis o f Greece, Philip o f Macedon.” Before ad­
journment, a plan was adopted for a general union o f the British colonies in
North America, and for creating a common fund to defray all military ex­
penses.
Albany contained in 1754 but 300 or 400 houses, and from 1,500 to

2,000 inhabitants. Still it was a place of vast importance, in a military and
commercial point of view, and was constantly enlivened by the arrival and
departure of British troops, with their attendant commissaries and con­
tractors ; by the presence of gallant officers, who had seen service in the
Low Countries and in Germany, under Marlborough and Prince Eugene; in
Spain, under the Earl of Peterborough; and some, perchance, who had
. followed the banners of the Great Frederick in the terrible fight of Cunners-




*

The C ity o f A lba n y.

53

dorf, had bravely confronted the fierce Croatian pandours of Frederick de
Trenk, or pursued, under the same monarch, the retreating Daun, with the
flower of Austria, over the frontiers of Siberia. The brave officers of New
England, also, were frequent guests of the Albanians at this period, and
Winslow, Williams, the founder of Williams’ College, Pomeroy, liuggles,
Prescott, and other of their contemporaries in Massachusetts and Connecti­
cut, were as well, known, and as thoroughly appreciated by them, as their
own Schuyler, or Gansevoort, or Herkimer.
During the Revolutionary war, Albany was eminently patriotic, and con­
tributed her full quota, in men and money, to promote the success of that
wonderful contest. Nearly all of her prominent citizens ranged themselves
on the side of the colonies; and many of her sons gained at Saratoga, at
Bennington, at Fort Stanwix, and on other fields, laurels which will never
fade, so long as the annals of the Revolution shall remain extant. To Al­
bany Gen. Burgoyne was brought after his surrender; and the elegant man­
sion where that unfortunate commander and his brother officers were so
hospitably entertained by General Schuyler, after the capture of the British
army at Saratoga, is still standing at the corner of Schuyler and Clinton
streets. It is a fine specimen of a gentleman’s country home in the English
style of the last centuiy.
The adoption o f the Federal Constitution in 1789 exerted the same bene­
ficial influence upon the city o f Albany which was experienced from the
same cause in nearly all the large towns and cities in the United States.
Trade, which had languished under the confederacy, revived, and new and
important enterprises were projected and successfully accomplished.
In
1791, the first bank was established in Albany. It was styled the Bank of
Albany, and endowed with a capital of $240,000. Its dividends, for many
years after its establishment, were at the rate o f 9 per cent per annum. This
bank is still in existence, and ranks among the oldest and soundest moneyed
institutions in the State. Its officers and directors have been, with few ex­
ceptions, o f the good old Holland stock, and would not discredit the Bourse
o f Amsterdam, or the Council Board of the Dutch East India Co.
In 1793, the Northern and Western Inland Lock Navigation Companies
were chartered by the State Legislature. The stock o f these companies was
chiefly subscribed in New York and Albany. The object o f the companies
was to improve the navigation o f the Mohawk River, and o f the Hudson
above tide-water. The charter o f the Northern Co. soon expired, without
having been productive o f any improvements; but the Western Co. com­
pleted a water communication from Schenectady to the falls of the Oswego
River, through which boats were passed to within twelve miles o f Oswego.
A t Oswego Falls there was a portage o f one mile, below which the naviga­
tion was resumed in boats o f a smaller class to Lake Ontario. The works
o f this company consisted o f a series o f locks, and a canal at Little Falls, on
the M ohawk; a canal with locks at Fort Stanwix, from the Mohawk to W o o d
Creek, a tributary o f Oneida Lake and the Oswego River ; and a series of
locks and dams on W o o d Creek. Tolls were collected as early as 1796 on
this line, and up to 1812, $450,000 had been expended upon the improve­
ments. The length of this water communication from Schenectady to Oswe­
go, was 180 miles, with only one portage. Although it resulted in no pe­
cuniary advantage to the stockholders, its influence upon the prosperity o f
western New York was incalculable. Through this channel the products of
that region found a market at Albany, whence, in return, large quantities of




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Com m ercial C ities and T ow ns o f the U nited Statest

merchandise were sent westward, and thus the foundation laid o f that trade
which has since become so lucrative.
In 1793, the only public means o f conveyance for travelers between A l­
bany and New York, in the winter season, was a stage coach, which left
each city twice a week. During the season o f navigation, passengers were
conveyed between the two cities in sloops, which usually performed the voy­
age in from one to four days; although, in some instances, a week or a fort­
night was consumed on the passage. The charge, including “ board, fare,
and liquors,” o f a voyage of four days, made by Mande, an English traveler,
in the year 1800, was $6 50. The shortest passage ever made up to that
year, was made in sixteen hours six minutes. The passage up the river was
always the shortest, as it now is with steamers, as you carry the flood tide
with you. In the downward passage you outrun the ebb.
In the year 1795, the trade o f Albany was principally with the Mohawk
valley. Ninety vessels were employed in the transportation o f freight to and
from New York at this period, half of which were owned in Albany, and the
remainder in New York and the river towns. The captains of these vessels
received S^O per month, the mates $15, and the seamen $9 per month. They
usually made ten voyages the year, and averaged seventy tons each. The
price of freight from Albany to New York, was 121 cents per cwt.
The price o f land in the vicinity o f Albany at this period, was from $63 to
$75 per acre. Alluvial lands, near the river, were still dearer. This does
not vary materially from the present value o f land, used for agricultural pur­
poses, in the same vicinity.
The seat o f the State government was removed from New Y ork to Albany,
January 3d, 1797. The Legislature assembled on that day in the old City
Hall, which then stood on the corner o f Broadway and Hudson-streets. John
Jay was Governor o f the State at this time ; Stephen Yan Rensselaer, Lieu­
tenant Governor. A m ong the Senators were Philip Schuyler, Ambrose
Spencer, Philip Livingston, and Peter Silvester. The population o f Albany
in 1797, was estimated at about 5,000. B y the census o f 1800, it was
5,349.
T h e P ress . The annals o f the newspaper press in Albany form an im­
portant feature in its history; renowned as that city has been, during the last
half century, for its active participation in the political affairs o f the State
and nation.
The first printing office established in Albany, was opened in the year
1770 by Alexander and James Robinson, from New York. The publication
o f the first newspaper was commenced by the same firm in November, 1771.
It was styled the Albany Gazette, and was discontinued in 1775 or 1776—
the publishers, being loyalists, having fled to Nova Scotia. In 1782, the
N ew Y ork Gazetteer was commenced; and in 1784, the Albany Gazette, in
continuation o f the Gazetteer, by Charles R. Webster. The Gazette was at
first published once a week— in 1789, twice a week. The circulation at the
latter period was 750 copies. There were but two mails at that time which
arrived at Albany— one from New York, the other from Springfield, Mass.
The Gazette was published until the year 1845, when it was discontinued.
The Balance, edited by Harry Croswell, now rector o f Trinity Church,
New Haven, was published in Albany from 1808 to 1811. It had pre­
viously been published for several years at Hudson, and was regarded as one
o f the ablest Federal journals in the Union. Mr. Croswell wielded a power­
ful pen, and was occasionally aided by the most distinguished political writ­




T he C ity o f A lba n y.

55

ers and statesmen o f the Federal party. Contemporaneously with the Bal­
ance, was published the P o litica l R egister, by the celebrated Solomon Southwick. The Register was the organ o f the Republican party, and gallantly
upheld the banner o f Jefferson and his disciples. It had been established by
John Barber in 1788, and on his death in 1808, became the property of Mr.
Southwick. In 1811, the Balance was discontinued, mainly in consequence
o f Mr. Croswell having been adjudged to pay Mr. Southwick $5,000 for a
libel.
In 1807, the Gazette began to report the proceedings o f the Legislature;
permission having been given the previous year, to accommodate reporters
within the bar.
The publication o f the A lb a n y A r g u s was commenced in 1813 by Jesse
Buel, on a medium sheet, semi-weekly, at $3 per annum. It was the organ
o f the Tompkins’ faction o f the Democratic party. On the publication of the
nineteenth number it had attained a circulation o f 2,700 copies. In six
months its circulation reached 4,000 copies, which was 1,000 larger than that
o f any other paper in the State.
The first daily journal published in Albany was the D a ily A dvertiser,
which was commenced in 1815 by Theodore Dwight, and afterwards united
with the Gazette. Its subscription price was $8 per annum. The late Colo­
nel William L. Stone succeeded Mr. Dwight, as the editor o f the Daily A d ­
vertiser, and was succeeded in his turn by the late John Bleecker Van
Schaick, by Rufus King, now o f the M ilw au kie Sentinel, and by Orville L.
Honey, late Surveyor General o f the State.
The A lb a n y E ven in g J ou rn a l was commenced in 1829 by Benjamin
Packard. Mr. Thurlow W eed, who had conducted the R ochester D em ocrat
for several years, became the editor o f the Journal in the year 1831. A t
this time the Journal was the recognized organ o f the Anti-masonic faction.
On the dissolution o f that faction, during the administration o f General Jackson, the Journal attached itself to the W h ig party; and in 1841, when that
party acquired the ascendency in both branches o f the Legislature, was ap­
pointed the State paper.
The A lb a n y A tla s was commenced in the year 1841 by Vance <fc W en ­
dell. It is now published by H. H. Van Dyck, and edited by W illiam Cas­
sidy, a gentleman o f Irish descent, and a spirited and vigorous writer. The
Atlas is the organ o f the radical wing o f the Democratic party, and as such,
is especially hostile to the Argus, which is the mouth-piece o f the Old Hunk­
ers, and which has become, under the charge o f Edwin Croswell, one o f the
most noted political journals in the United States.
The A lb a n y Cultivator, an agricultural journal, was commenced by the
late Jesse Buel, the founder o f the Argus, in the year 1833, and soon at­
tained a very large circulation. It was furnished at the low price o f fifty
cents per annum at its first establishment, and was the pioneer o f cheap pe­
riodicals. Its average circulation, for fifteen years, has been over 20,000 co­
pies monthly. The Cultivator circulates in every State in the Union. The
benefits it has conferred upon the farmers of the United States, it would be
impossible to calculate. Its present editor is Luther Tucker, who fills that
responsible post with the united approbation o f his numerous readers.
A t present there are five daily newspapers published in A lban y ; namely,
the A rg u s, the A tla s, the E venin g Journal, the E xpress, and the K n ick er­
bocker. The Atlas and Journal are evening papers, the remainder are pub­
lished in the morning. The Express and Knickerbocker are penny papers,




56

Com m ercial Cities and T ow ns o f the U nited S tates.

and neutral in politics. All these journals enjoy a large daily circulation;
and the weekly and semi-weekly circulation o f the Atlas, Argus, and Journal,
is very extensive. The Argus is the State paper, and is obliged to insert all
advertisements required by law to be published in the State paper, g ra tu i­
tously. Its income from this source was formerly from $8,000 to $9,000 per
annum. The State printers are Reed, Parsons & Co., who have contracted
to do the work for 16 cents per thousand ems. Large fortunes have been
made in former years by the proprietors o f the Argus and Journal, from the
State printing— the prices then paid being three or four times greater than
the rate now paid.
The printing house o f Van Bentliuysen & Co. is one o f the most exten­
sive and complete establishments in the country. It comprises a stereotyp­
ing foundry, a bindery, and all the departments requisite for the transaction
o f a large publishing business. The number o f operatives is about 1 0 0 ;
number o f steam presses, seven ; o f hand presses, five. It was in this estab­
lishment that steam power was first introduced in the United States, as an
auxiliary o f the press, by the late Shadrach Van Benthuysen, in the year
1824.
M an u factu res . Albany has become, within a few years, one o f the first
manufacturing cities in the State. B y the census o f 1840, the amount of
capital invested in manufactures in Albany, was estimated at $1,735,000.
Since that time the amount has probably doubled. The principal branch o f
manufactures pursued here is that o f iron, which is manufactured into stoves,
steam-engines, and castings o f every description. The foundries o f Franklin,
Townsend & Co., and Jagger, Treadwell & Perry, are actively employed in
turning out castings o f the heaviest description and the largest dimensions.
The foundries of Vose <fc Co., Rathbun & Co., McCoy, Clark & Co., J. C.
Potts, and several other establishments o f smaller extent, are chiefly em­
ployed in the manufacture of stoves, which find a ready market throughout
the Eastern, Middle, and Western States, and the Canadas. The amount o f
capital invested in the iron manufacture is estimated at $900,000. The
number o f stoves cast annually are 75,000. Number o f operatives employed
in iron foundries, 950.
The Albany Iron Company’s works are situated at Troy, and are owned
by Corning & Co. o f the former city. The product o f this establishment in
rolled iron, nails, spikes, Ac., is not far from $400,000 per annum. A large
interest in the Troy Iron and Nail W orks, was owned until recently, by citi­
zens o f Albany. Albanians are also large stockholders in the Cohoes W ater
Power Company, o f which Stephen Van Rensselaer is President.
The Albany Argillo W orks were established about two years ago, with a
capital o f $100,000, for the manufacture o f glass and argillo ware. The
manufacture o f glass has been abandoned, but that o f argillo is still continued.
Argillo is the name given by the patentee to a new description o f ware made
o f blue clay, but o f the hardness, and more than the beauty o f marble. It is
fashioned into door knobs, table tops, floor tiles, and a variety o f other forms,
and promises to become a highly important branch o f manufactures.
The business o f malting and brewing is carried on to a great extent in A l­
bany, and employs a large amount o f capital. Six breweries and malt-houses
o f the largest dimensions were erected in this city the past year, and the
whole number o f such establishments is about twenty. The demand for
malt liquors is daily increasing in the United States, and Albany ale and
beer are found not only in every city in the Union, but likewise in the W est




T h e C ity o f A lb a n y.

51

India islands, in South America, and in California. The annual product o f
the breweries o f Albany is estimated at 80,000 barrels o f beer and ale.
Capital invested, $500,000. Bushels o f barley purchased annually 500,000.
The maufacture o f hats, fur caps, and other articles made o f the same ma­
terial, is carried on very extensively in Albany. The value o f hats and caps
annually made is estimated at $1,000,000. Qjie establishment, that o f Pren­
tice & Co., employs 100 hands. W h ole number o f hands employed in this
branch o f manufacture, over 1,000 ; principally females.
There are, in Albany, fifteen manufactories o f soap and candles, four o f to­
bacco, four plane factories, several steam saw and planing mills o f large di­
mensions, an extensive manufactory of carriages and railway cars, owned by
James Goold & Co., and five o f smaller dimensions, chiefly occupied in the
manufacture o f light pleasure carriages and sleighs. In this branch o f manu­
facture, Albany enjoys a deservedly high reputation, which is every day in­
creasing in extent as well as in degree.
There are in this city two large manufactories o f fire-brick and pottery,
which have yielded, in a few years, handsome fortunes to their proprietors.
Locomotive engines o f the largest size are constructed in the machine shops
o f the Albany and Schenectady Railway Company. Their performance has
proved highly creditable to their ingenious builder.
P ublic B u ildin gs . The capitol is finely situated at the head o f Statestreet. In point o f size or architecture, it is without pretensions, being a
plain edifice o f brown stone, with white marble portico in the Doric style. It
was erected in the year 180V, at the cost of $1V3,000. The capitol contains
chambers for the two branches o f the Legislature, offices for the Executive
and Adjutant General, and rooms for the State Library and the Court o f
Appeals.
The S tate L ib r a r y , instituted in the year 1818, contains about 18,000
volumes, one-half o f which relate to law jurisprudence and legislation, and
comprise the proceedings o f Congress, o f the British Parliament, the French
Chamber o f Deputies and Chamber of Peers, and the proceedings o f the Ca­
nadian Parliament; the remainder is o f a miscellaneous character, well-se­
lected and comprehensive, chiefly in English, and peculiarly rich in all that
relates to America, though the recent purchase o f the Harden collection of
the books are alphabetically arranged, are generally handsomely bound, and
are kept in admirable order. Am ong the more valuable works in the Li­
brary may be mentioned Audubon’s Ornithology, the great work on Egypt,
published by the French government, a magnificent work descriptive o f P om ­
peii, published by the K ing o f Prussia, and Catherwood’s views o f the A n ­
tique Monuments o f Central America. The library increases steadily at the
rate o f about 1,500 volumes per annum. The increase last year, in conse­
quence o f the reception o f the Vattemare collection, exceeded 1,800 volumes.
The State Library of New York bids fair to become one of the largest and
most useful libraries in the country.
The S tate H all was completed in the year 1843, at a cost o f $350,000.
It is built o f white marble, is fire-proof, and sufficiently large to accommodate
all the State officers. It is a plain, massive edifice, but not remarkable for
architectural beauty.
The C ity H all is a handsome edifice o f white marble, surmounted with a
gilded dome, the only one in this country. It cost about $120,000, and ac­
commodates the city and county courts and officers.
The A l b an y A cadem y was erected in 1804, at a cost o f $100,000. It is




58

Com m ercial Cities and T ow ns o f the U nited States.

built o f brown free-stone, and is deservedly admired as one o f the most ele­
gant and tasteful structures in the Union. It is in the Italian style of architec­
ture, and contains lecture and recitation rooms, for 400 pupils, and two dwell­
ings for the Principal and the Professor of Ancient Languages. Dr. Theodoric Romeyn Beck has recently resigned the post o f Principal o f the Albany
A cad em y ; an office which h% filled with consummate ability and success for
more than thirty years.

The A l b an y F em ale A cadem y has been established about twenty years.
It occupies a large and elegant building in Pearl-street, valued, with the site,
at $50,000. Number of pupils about 300.
The A l b an y E x c h a n g e was erected-in 1838, at an expense o f $350,000,
land included. It is a large and elegant edifice, o f Hallowell granite, and
contains the Post Office, Y oung Men’s Association Lecture-room, Readingroom, and Library, a number o f offices and shops, and a large Rotunda, in
which the Board o f Trade hold daily meetings.

The P e n ite n tia r y is a large building in the Norman Gothic style of archi­
tecture, recently erected at the expense of the county. There are few more
capacious prisons erected by the State governments, than this Penitentiary of
the county of Albany. Cost of erection, from $80,000 to $100,000.
The church edifices of Albany are numerous and of ample dimensions, al­
though few of them are characterized by architectural beauty. The interior
of the Dutch Reformed Church in Beaver-street, forms an exception to this
rule, being one of the most elegant interiors in the Union. It is in the Corin­
thian style of architecture. The exterior of St. Peter’s Church is also in fine
architectural taste, as well as the Roman Catholic Church in Ferry-street.
The congregation of the Rev. Dr. Campbell are now erecting a fine Gothic
edifice, which will be a prominent ornament of the city. A Roman Catholic
Cathedral has recently been commenced on Lydius-street, about 100 feet
above the river, which will be, when completed, the largest church in the
State. Its dimensions are 180 feet by 115, with two towers, each 280 feet
in height. The architecture, Gothic ; the material, brown, free-stone. Esti­
mated cost, $600,000.
The hotels o f Albany are numerous and capacious. The Delaware House
is a large and elegant structure, five stories high, in the Italian style o f archi­
tecture, and similar in its exterior appearance to the old palaces of Florence.
Stanwix Hall will accommodate several hundred persons in comfortable
style. Congress Hall, near the capitol, is one o f the most elegant and re­
cherche hotels in America. The City Hotel, the Mansion House, and the
American, are all hotels o f the first class. The number of travelers passing
through Albany annually is estimated at 1,500,000. It is, therefore, one of
the greatest thoroughfares in the world, and requires a greater extent of ho­
tel accommodation than many cities of twice its population. A new hotel, as
large as the Astor House, is projected, and will probably be commenced in
the spring, on the vacant space recently occupied by the Eagle Tavern, and
other adjacent buildings destroyed by the great fire in August last.

The S tate N orm al S chool will soon be handsomely accommodated in a
new edifice, now in course of erection by the State, on the corner of Lodge
and Howard streets, immediately in the rear of the old State Hall. This
school enjoys a high reputation among similar institutions in the United
States, and has already been productive of beneficial improvements in the
method of teaching and managing the common schools of New York. It




59

T h e C ity o f A lb a n y.

therefore deserves, and doubtless will continue to roceive, the fostering pa­
tronage of the State.
T he G reat F ire of 1848. On the 18th o f August of the present year,
a fire broke out in a stable on Herkimer-street, near the river, and extended
rapidly over a space o f several acres, consuming 436 buildings, and a vast
amount o f merchandise, furniture, and other property. A large proportion
o f the buildings destroyed were of brick, and many o f them were among
the most substantial warehouses o f the city. The fire burned about six hours,
and was finally arrested by the blowing up of a building on Broadway, near
Hudson-street, and by a providential change o f wind and fall o f rain. The
estimated loss by this fire was about $1,300,000, o f which less than onehalf was covered by insurance. The burnt district is beginning to assume
already a new aspect; about 200 fire-proof buildings being now in course
o f erection there, which will be, when completed, an ornament to the city,
and an effectual protection from similar conflagrations in that quarter for
the future. B y a recent law o f the Common Council, no buildings, unless
covered with fire-proof materials, can be erected east o f Park-street; that is,
within one mile o f the river.
C om m erce . B y the last census, there were, in Albany, 53 commission
houses, 35 importing houses, 137 wholesale houses, 440 retail dry goods,
and 612 grocery and provision stores. There are six banks in Albany, with
an aggregate capital o f $ 2,046,000; three insurance companies, with a cap­
ital o f $600,000.
P o p u l atio n . The population of Albany increased very rapidly after the
adoption of the Federal Constitution. In 1790, its population was only
3,506. In 1800, it w'as 5,349.
In 1810, 10,762. The following table
shows the population of Albany at different periods since the year 1755 :—

1755
1790
1800

1,800
3,506
5,349

1810
1820
1830

10,762
12,541
24,216

1840
1845

33,721
41,139

In 1850, the population of Albany will probably reach 50,000 souls, or
ten times its population at the commencement of the present century. None
of the old cities in this State, or New England, have increased in an equal
ratio, except Brooklyn, which is, in every respect, a suburb*of New York,
and not, therefore, properly to be compared with any other city.
It will be seen, from the above table, that the increase o f the popula­
tion o f Albany has been uniform, with the exception o f the ten years from
1810 to 1820. This period included the last war with Great Britain, and
the years o f commercial depression which immediately succeeded it. The
Erie Canal was opened in 1825. From that year the population began
again to increase with great rapidity, and nearly doubled in the ten years
between 1820 and 1830. The Western Railway o f Massachusetts, con­
necting Albany with Boston and the interior o f New England, was opened
in 1842. This great work, also, has exerted a very perceptible influence
upon the population o f Albany. The increase o f inhabitants in five years,
from 1840 to 1845, was nearly 8,000.
T h e S tate C a n a l s . The completion o f the Erie and Northern Canals,
in the year 1825, marks the commencement o f a new era in the commercial
annals o f Albany.
From 1810 to 1820, its population increased from
10,762 to 12,541 souls, or less than 1,800.
From 1820 to 1830, it in­
creased from 12,541, to 24,216 souls; nearly 12,000, or 100 per cent in




60

Com m ercial Cities and Tow ns o f the U nited States.

ten years. Its trade increased in an equal ratio. The transportation busi­
ness on the river and canals became at once an important feature in its
commerce, and, in course of time, conferred wealth upon hundreds, and a
competence upon thousands, who began life as wagoners on the Great
Western Turnpike, as drivers on the canal, -or as cabin boys on the North
Eiver sloops. The construction of the State Basin, which was completed at
the same time with the Erie and Champlain canals, added incalculably to
the commercial facilities of Albany, by enlarging the area of its docks, and
affording a safe and commodious harbor for every description of river and
canal craft.
In 1834, the value o f all the property delivered by the canals at tide­
water was $13,405,022. In 1847, (an extraordinary year, in consequence
o f the great foreign demand for breadstuffs,) the value o f all the property
delivered at tide-water was $72,365,986. The following facts, in relation
to the immense transportation business transacted in 1847, on the canals of
New York, through the port o f Albany, are derived from official sources:—
Am ount o f flour received at Albany, 2,376,675 barrels; o f wheat,
1,296,625 bushels; o f corn, 2,995,563 bushels. Tom!age o f property de­
livered at tide-water, (Albany and W est Troy,) 1,708,933 tons; being an
increase o f 346,614 tons over 1846. The up tonnage for 1847 is estimated
at 287,000 tons. Aggregate, 1,995,933 tons.
The value of property delivered at tide-water in 1847, is $72,3!66,986,;
an increase of $20,860,730 over 1846. Estimated value of property cleared
from tide-water on the canals, in 1847, $93,000,000. This would give an
aggregate of $165,365,986 ; an amount greater by $18,820,347', than the.

value of the entire imports into the United States for the year ending July;-,
1847 ; and greater, by $6,717,364, than the value of the entire exports.
P ort of A l b a n y . The number of vessels arriving at, and departing
from the port of Albany, during the year 1847, was as follows A ..
44
131
358
15
337

steamboats................................................................. tons
freight barges....................................................................
schooners...........................................................................
scows.................................................................................
sloops.................................................................................

15,574 '
20,358
27,330
823
22,934

Total.................................................................................

87,019

The tonnage of this port has increased very rapidly during the last ten
years, as will be evident from the following table, copied from the custom­
house books:—
1838 ..
1839...
18 40 ..
18 4 1 ..

.
.

36,721
40,369
39,416
50,797

1842..
1843..
1844..
1845..

49,356
55,354
65,057
70,987

1846..
1847..
1848..

71,011
87,019
77,983

Increase in ten years more than’ 100 per cent.
From the foregoing, it will b e seen that from 1838 to 1847, there was a
steady yearly increase o f business on the river, and that during 1847 the
ratio was much greater than any previous year. This, it will be remem­
bered, was a season o f unusual prosperity; there was a great demand for
breadstuffs from abroad, and everything in the shape o f a water craft, that
would float, was brought into active service. I f this year is thrown out, our
table will show a steady, healthy increase o f river business from 1838 to




L a w o f D ebtor and Creditor in M issou ri.

61

1849. But we are content to let our figures speak for themselves. They
tell a good tale for the business o f an inland city.
The freighting business done on the Hudson River is immense, far exceed­
ing, in the aggregate, the computation o f many who have for years been
engaged in this business. The entire receipts o f the three canals, viz, Erie,
Champlain, and Oswego, and their branches, are brought to the Hudson,
and are then scattered along the sea-coast. In return for the products of
the W est, the merchant receives the manufactures o f the East, and o f foreign
countries, which, through the same medium, are transported to the various
shipping points on the lakes, and from thence through the entire W est.
From the statements above made in relation to the trade and population
o f Albany, it will be evident that her career must be one o f prosperity, so
long as the country shall be prosperous. Placed at the outlet o f those works
o f internal improvement which connect the great W est with the Atlantic,
she must in a degree partake o f the vast profits derived from that trade which
has been shown above to be enormous in amount. But her citizens are too
sagacious to rely upon commerce alone for subsistence and profit. Like
their New England neighbors, they are beginning to invest their surplus
capital in manufactures.
These investments, thus far, it is gratifying to
know, have generally proved to bo profitable; and although Albany may
not rise all at once to the rank o f a Pittsburg or a Lowell, there is nothing
to pjMwqt her from attaining, nre long* .a position of 4the/first,-eminence
nanufacturjug nities o f America.
. *. . .
t .

-LA W OF DEBTOR AND CREDITOR IN MISSOURI.
aes upon this subject will be found in the fifth volume o f this
..ages 70 and 2 5 2 ; but as some changes have been made in the

----------- j that date, and especially by the new code of practice, adopted at
the session of the General Assembly just closed, a notice of some of these
changes may be of interest to those having commercial connections in this
State.
The law relating to bills of exchange, bonds, and notes, remains nearly the
same asunder the code of 1835. A statutory negotiable note, if negotiated,
is entitled to four per cent damages, upon protest for non-payment. (Bank of
Missouri vs. Wright, 10 Mo. R. 719.)
The judicial organization remains unaltered.
JUDICIAL PROCESS.

Attachments against the property o f the debtor may be issued, whether
the debt be due or not due, in the following cases :— ls<. W here the debtor
is not a resident of, nor residing within this State. 2d. W here the debtor
conceals himself, so that the ordinary process o f law cannot be served upon
him. 3d. W here the debtor has absconded or absented himself from his
usual place of abode in this State, so that the ordinary process o f law cannot
be served upon him. 4th. W here the debtor is about to remove his prop­
erty and effects out o f this State, so as to defraud, hinder, or delay his credit­
ors. 5th. W here the debtor has fraudulently conveyed or assigned his prop­
erty and effects, so as to hinder or delay his creditors. 6th. Where the
debtor has fraudulently concealed or disposed of his property or effects, so as to




62

L a w o f D ebtor and Creditor in M issou ri.

hinder and delay his creditors. 7 th. W here the debtor is about, fraudulently,
to convey, or assign his property or effects, so as to hinder or delay his credit­
ors. 8th. W here the debtor is about, fraudulently, to concealo r dispose of
his property or effects, so as to hinder or delay his creditors. 9 th. W here
the debt was contracted out of this State, and the debtor has absconded, or
secretly removed his property or effects into this State, with intent to defraud,
hinder, or delay his creditors. W here the debt is not due at the time o f at­
tachment sued out, the plaintiff cannot have judgment until the debt be­
comes due.
A n affidavit before a judicial officer o f another State, authorized by the
common law and practice o f courts to administer oaths, is good in this State
for the purpose o f granting an attachment. The affidavit to warrant the at­
tachment must state, “ that the defendant is justly indebted to the plaintiff,
after allowing all just credits and set-offs, in the sum, (to be specified,) and
on what account the same accrued, and also that the affiant has good reason
to believe, and does believe, the existence of one or more of the causes which
authorize a suit by attachment, which should be set out in the words of the
statute.” The character o f the affidavit and bond will be found in the fifth
volume o f this work, page 256.

Imprisonment for debt is abolished. The writ of capias is allowed only in
cases of tort^ and the only action in which it is directly authorized is that of
detinue..
• ,
„ , .
By an act -passej;at‘jthe Ipf sessiaU of the General Assembly, our whole
code of civil and chancery practice is’ altered" and changed. The code of civil
and chancery practice made our praCticcss simple as that of almost any of the
States, but they did'n'oGdb away with the rvant of knowledge and skill on the
part of the practitioner. The nev code, called an act to reform the pleadings
and practice in courts of justfe'erin Missouri, is a combination of the new code
of civil practice in New York1and our own code of chancery practice, and a
curious mixture it is. It will increase the labor of the members of the bar;
increase the amount of litigation, for the practice under it can only be settled
by a series of judicial decisions which will require years; and more, will
much increase the bill of costs; and mind, the only taxed costs in this State
are the mere fees of the officers of the courts, each party being obliged to pay
his own attorneys and counsel. It is to be hoped that the act will not have
a long existence, before it is repealed, and a better substituted; or s# amend­
ed as to simplify what is so cumbrous and expensive.
The act takes effect from and after the 4th July, 1849, and does not apply
to any actions brought before that time.
,

As it is frequently necessary for persons residing out of this State to know
something of the practice, so as to advise counsel about the bringing of suits
and the collection of claims, an abstract of so much of the act as bears upon
these subjects is given.
All distinctions between the different actions at law, and between suits at
law and suits in equity, and the forms of all such actions are abolished; and
hereafter there will be but one form of action for the protection of private
rights and the redress of private wrongs, called a civil action. The parties to
such actions will be known only as plaintiffs and defendants.
First, of parties to civil actions. All civil actions must be prosecuted in
the name of the real party in interest, (choses in action are now assignable,)
except in the following cases :— An executor or administrator, a trustee of an
express trust, or a person expressly authorized by statute, may sue in their




L a w o f D ebtor and Creditor in M isso u ri.

63

own names, without joining the parties for whose benefit the suit is instituted.
In case o f an assignment o f a thing in action, the action is without prejudice
to any set-off or other defense existing before notice o f the assignment; but
this does not apply to bills o f exchange, nor to statutory negotiable notes;
the law o f set-off remaining as at present. A n y persons interested in the
subject o f the action and the relief demanded, may be joined as plaintiffs, ex­
cepting as above stated. A n y person may be made a defendant who has an
interest adverse to the plaintiff’s. A ll parties united in interest must be
joined as plaintiffs or defendants; but if the consent o f any one who should
be joined as plaintiff cannot be obtained, he may be made defendant, the
reason therefor being stated in the petition. (This last is the well estab­
lished rule of chancery proceedings.) Persons severally liable, including the
parties to bills o f exchange and promissory Dotes, may all, or any o f them, be
included in the same action, at the option of the plaintiff; and where severally
liable, an executor or administrator, or other person liable in a representa­
tive character, may be joined with others originally liable, at the option of
the plaintiff. Actions do not abate by death, marriage, or other disability,
or b y transfer o f interest, if the cause o f action continues or survives, but may
be continued by or against the representative in interest; and in case o f any
transfer o f interest other than that caused by death or marriage, the action
may be continued in the name o f the original party, or the party to whom
the transfer is made may be substituted in the action. W hen the cause of
action does not survive, the action abates only as to the person deceased, and
the survivors may proceed without reviving the suit. Suits are to be revived
as provided in the chancery code, by scire facias or publication.
It will be seen that this new code revives the old common law rule, that
all parties united in interest adverse to the plaintiff, must be joined as parties
defendant; a rule which had been abolished at law in this State, for as all
contracts were joint and several, a party might sue one or more defendants
and take judgment against such as he saw proper. E y the present code,
judgment may be given for or against one or more o f the several parties, and
may also determine the ultimate rights o f the parties as between themselves.
Second, o f Pleadings. The plaintiff must file his petition, which must con­
tain, 1st. The title o f the cause, specifying the name o f the court and county
in which the suit is brought, and the names o f the parties to the action,
plaintiffs or defendants. 2d. A statement o f the facts constituting the cause
o f action, without repetition, so as to enable a person o f common understand­
ing to know what is intended. 3d. A demand o f the relief to which the
party thinks himself entitled; and if money be demanded, the amount shall
be stated, or such facts as shall enable the defendant and the court to ascer­
tain the amount demanded.
The only pleading on the part o f the defendant is an answer or demurrer,
and must be filed within six days after the return day o f the summons, ex­
cept where the suit is upon a bond, bill, or note, for the direct payment o f
money, when they must be filed within two days after the return day of the
summons.
A demurrer lies, where it appears upon the face o f the petition that the
court has no jurisdiction o f the person of the defendant, or the subject o f the
action ;— that the plaintiff has not the legal capacity to sue ;— that there is
another action pending between the same parties and for the same cause;—
that there is a defect o f parties, plaintiff or defendant;— that the petition
does not state facts sufficient to constitute a cause o f action. The demurrer




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L a w o f D ebtor and Creditor in M issou ri.

must specify the grounds of the objection, or it may be disregarded. If the
demurrer is sustained, the plaintiff may amend ; if overruled, the defendant
may answer. If the matters for which a demurrer lies do not appear upon
the face of the petition, the objection may be taken by answer; if objections
he not taken by demurrer, or by answer, they will be considered as waived,
except the objections of no jurisdiction over the subject matter, and no suffi­
cient cause of action.
All and every kind of causes of action may be joined in the same suit.
Excellent, truly ! Had our predecessors no wisdom, who separated causes so
diverse as trespass for assault and battery, and assumpsit on a note ?
The answer of the defendant must contain, in respect to each allegation of
the petition controverted by the defendant, a specific denial thereof, or of any
knowledge thereof sufficient to form a belief;— a statement of any new mat­
ter constituting a defense, in ordinary and concise language, so as to enable
a person of common understanding to know what is intended. The defend­
ant may set forth as many grounds of defense as he has in his answer, but
each defense must be separately stated. If the defendant set up a set-off,
the plaintiff may demur or reply; the reply is governed by the same rules
as answers. With this exception no demurrer lies to the answer. No other
pleadings are allowed than the petition, demurrer, answer, and in cases of off­
set, a reply thereto.
Every pleading must be subscribed by the party or his attorney, and the
petition, and answer, and reply to set-off’s, must each be verified by the affi­
davit of the party, his agent or attorney, to the effect that he believes it, and
the matters therein as stated to be true. But such affidavit does not make
any greater proof necessary on the opposite side.
It is not necessary to set forth the items of an account exceeding twenty
in number; but if they be not set forth, a copy of the account, verified by
affidavit, must be delivered to the opposite party, or filed with the pleadings;
and if not so set forth, filed, or delivered, the party will be precluded from
giving evidence thereof.
It is not necessary to plead specially the performance of conditions prece­
dent; but it is sufficient to state generally, that the party duly performed all
the conditions on his part. All allegations in the petition not denied in the
answer are admitted. If either party rely upon any record, deed, or other
writing, he must file with his pleading an authenticated copy of such record,
and the original deed, or other writing, if in his power ; if he cannot produce
such deed, or other writing, he must so state in his pleading, together with
the reason therefor, and if the reason be sufficient, he may file the best evi­
dence of the contents of such deeds, or other writings, in his power. All
deeds and other writings so filed, must remain on file for the inspection of
the other party, until allowed by the court to be withdrawn, and then copies,
attested by the clerk, shall be substituted by the party withdrawing the
original.
This last rule is outrageously oppressive, both upon clients and their attornies, in ejectment suits, when confirmations, surveys and deeds, in long array,
are relied upon to prove the cause of action, or the defense. It will be found
so oppressive in practice, as to call for its repeal when the Legislature shall
again meet.
Third. Suits must be brought in the county in which the defendants, or
one of them, reside, or in the county in which the plaintiff resides, and de­
fendant may be found; and where there are several defendants, and they re­




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65

side in different counties, suit may be brought in any one of them, and coun­
terparts may issue to the other counties;— if all are non-residents, suit may
be brought in any county. Attachments may be brought in any county in
which property of the defendant may be found, and where property lies in
several counties, separate writs may issue to each county.
Actions are commenced by filing with the clerk of the court the petition,
who thereupon issues a summons, or an order of publication, if the plaintiff
files with his complaint an affidavit, stating that the defendants, or some of
them, are non-residents. The service of the summons is by reading the writ
and petition to the defendants, and by giving a copy of the petition to the
defendant first served, or by leaving a copy of the writ and petition at the
usual place of abode of the defendant, with some white person of the family
above the age of fifteen years.
When some of the defendants are not summoned, or are summoned and
do not appear, the plaintiff may dismiss his suit as to those not summoned,
and proceed against the others, or take an alias writ to bring those not sum­
moned in.
CLAIM AND DELIVERY OF PERSONAL PROPERTY.

This takes the place of the action of replevin, and apparently of detinue,
and is very similar to the new rule established by the law reform of New York.
If the plaintiff in his petition claims the possession of personal property,
and shall file with his petition, or at any time afterwards, his affidavit, or that
of some one for him, stating that the plaintiff is the lawful owner of the prop­
erty, (sufficiently describing it,) or lawfully entitled to the possession of it hy
virtue of a special property therein; that the property is wrongfully detained
by the defendant; that the same has not been taken for a tax, assessment, or
fine against the plaintiff, pursuant to any statute; or seized under an execu­
tion or attachment against the property of the plaintiff; or if so seized, that
it is by statute exempt from such seizure; what is the actual value of the
property ; and that the plaintiff will be in danger of losing his property, un­
less it be taken out of defendant’s possession, or otherwise secured. Upon
such an affidavit, an order is to be made requiring the defendant to deliver
the property to the sheriff, and if not delivered, the sheriff may take it from
the defendant, and deliver it to the plaintiff; but this is not to be done until
the plaintiff execute to the sheriff what is in fact a replevin bond, condi­
tioned for return of the property, if it may be adjudged, and the payment of
damages ; but if the defendant in the suit execute to the plaintiff a bond in
double the value of the property, conditioned for the delivery, if delivery be
adjudged, and the payment of all damages, the property shall be left with
the defendant. These bonds may be enforced by motion before the court,
after giving notice to the defendants to the motion.
Injunctions are abolished in name, but retained under the title of injunc­
tions by order; the practice under the order being regulated by the statute,
which is nearly a transcript of the old statute on the subject of injunctions.
Mistakes in pleadings may be amended both in form and substance, on
such terms as may seem proper and just, in every stage of the action, and
the doctrine of variance will no longer have place under this new statute.
New trials may be granted in cases of mistake or surprise, and generally in
all cases where they are now allowed in practice, and also in many cases
where they are not now allowed; for by the old statute the court could grant
yol.

xxi.— no. i.




5

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L a w o f D ebtor and Creditor in M issou ri.

but one new trial where the verdict was against evidence, but now it maygrant as many as it pleases.
JUDGMENTS.

If the action be founded on a bond, bill, or note, and the defendant fails to
answer, the clerk may assess the damages, and enter judgment for the amount
appearing to be due. In other cases of default, the plaintiff may have a jury,
or may leave the matter to the court, which may assess his damages and en­
ter judgment. If the taking an account, or the proof of a fact be necessary,
the court may order a reference. In cases of default, the damages or relief
can be no greater than that asked in the petition served on the defendant.
Issues of law are to be tried by the court; of fact, by a jury, unless a jury
be waived, when they shall be tried by the court. The jury, under the in­
struction of the court, may find either a general or special verdict. Trial by
jury may be waived, by failing to appear at the trial; by written consent,
filed with the clerk ; or by oral consent in court, to be entered on the minutes.
Upon a trial of facts by the court, its decision must be in writing; and in the
decision, the facts must be first stated, and then the conclusions of law upon
them, and judgment entered accordingly. And either party desiring a re­
view upon the evidence, may apply to the court for that purpose, and make
a case containing so much of the evidence as may be material to the question.
Judgments may be given for or against one or more of several parties,
plaintiffs or defendants, and may determine the ultimate rights of the par­
ties, as between themselves. On judgments by default, the plaintiff can
have no other, or greater relief, than he asks in his petition; but in all other
cases, the court may grant him any relief consistent with the case made,
and within the issues.
Appeals he to the Supreme Court from the judgments of the Circuit
Court, by application therefor, and giving bond'to pay costs and damages,
&c.; but is not a supersedeas, unless the bond be given in a sum sufficient,
and to the effect that the party will prosecute his appeal, and perform the
judgment of the court, and pay the damages awarded by the Supreme Court.
In an action arising on a contract, the defendant may, at any time before
judgment, serve an offer upon the plaintiff, to allow judgment to go against
him for the sum, or to the effect therein specified. If the plaintiff accept
the offer, and give notice thereof within ten days, file the offer, and affidavit
of notice of acceptance, judgment shall be entered accordingly. If notice of
acceptance be not given, the offer shall be considered as withdrawn, and the
plaintiff, unless he obtain a more favorable judgment, shall pay the costs
from the time of the offer. In an action on contract, the defendant, when
he files his answer, may make an offer that the damages be assessed at a
specified sum, if he fail in his defense; and if the plaintiff' fail to give notice
of acceptance within five days, the offer shall be considered as withdrawn,
and the plaintiff shall pay the costs of the defendant on the question of
damages, unless he recover an amount exceeding the sum offered by the
defendant.
Either party may, on motion, procure an order to examine the adverse
party, on interrogatories in relation to any facts material to any issue or mo­
tion. The motion must state the facts expected to be proved, and be ac­
companied by the interrogatories, and may be made upon reasonable notice
to the adverse party, or upon rule to show cause. This takes the place of
our petition for discovery at law. Books, papers, and documents, may be




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67

ordered to be produced at or before the trial, upon application o f either
party, upon motion. If an adverse party be not a resident o f the county
in which the action is pending, the party applying for an order to examine
upon interrogatories may make an affidavit to the effect, 1st. that he be­
lieves the answer of the adverse party will be material evidence for him on
the trial or hearing; 2d. that he believes that he cannot prove the same
facts, or prove them so satisfactorily, by any other person; and 3d., that the
order is not asked to procure delay. The court may thereupon make an
order, that the party answer the interrogatories, or such o f them as the court
or judge may specify, on oath, and file such answer within such time as may
be directed. If the party fail to reply within the time specified, the trial
may be stayed until the order is complied w ith ; and besides being punished
for contempt, his petition, answer, or reply, may be rejected, or the motion,
if made by him, refused, or if made by the adverse party, granted; or the
court may order that the facts, which were expected to be proved, stand ad­
mitted, and be given in evidence accordingly. If the answer to the inter­
rogatories be filed, it may be used as evidence by either party, but it shall
receive no greater weight than the court or jury may, under all the circum­
stances, think it entitled to. If the answer contain matter relevant to the
issue, but not responsive to the interrogatories, such new matter may be
given in evidence by the party making the answer; but the other party may
file his answer, or explanation o f such new matter, on oath, which shall be
received in answer accordingly. N o action for a discovery, in aid o f another
action, shall be allowed. A party to an action may be examined as a wit­
ness, at the instance of the adverse party, and may be subpoenaed and com­
pelled to attend like other witnesses, or his deposition may be taken and
used like that o f other witnesses, and the testimony o f a party may be re­
butted like other testimony. If he fail to attend or testify, his petition,
answer, or reply, may be rejected, or motion rejected; or if made by the
other party, sustained. If the party testify to new matter, pertinent to the
issue, but not responsive to the questions put to him, the other party may
testify in his own behalf as to the new matter. The evidence o f parties to a
suit may be rebutted. The disqualification o f interest in a witness is abol­
ished ; but this does not apply to parties, nor to persons for whose use a
suit is brought, or to the assignors of chose? in action, assigned for the
purpose o f making the assignor a witness.
Executions are to conform to the judgment, and the party in whose favor
a judgment is given, may, at any time within five years after judgment,
enforce the same by execution. W hen the judgment requires the perform­
ance o f any other act than the payment o f money, a certified copy o f the
judgment may be served upon the party against whom it is given, and
his obedience thereto required. If he neglect or refuse, he may be punished
by the court, as for contempt.
W e have thus given a brief abstract of this new law, relating to practice
and pleadings, sufficient to guide those who require only a general idea of
the same, for the purpose o f enforcing their rights. The same law, how­
ever, changes and modifies the statute o f limitation to conform to the new
practice. These limitations, however, only apply to causes o f action origi­
nating after the 4th of July o f this year.
Suits for the following causes of action must be brought -within ten years :
1st. Actions upon any writing, whether sealed or unsealed, for the direct
payment o f money or property.




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R estrain ts upon Trade.

2d. Actions upon covenants o f warranty, within ten years after a decision
against the title o f the covenantor. Actions upon covenants o f seisin, within
ten years after the cause o f action shall accrue.
3d. Actions for relief not otherwise provided for, within five years. 1. A c­
tions upon contracts, obligations, or liabilities, express or implied, except
those mentioned in the last section, and except upon judgments, and except
where a different time is limited in this act. 2. Actions upon liabilities created
by statute, other than a penalty or forfeiture. 3. Actions for trespass on
real estate. 4. An action for taking, detaining, or injuring any personal
property, including actions for the recovery o f specific personal property.
5. A n action for criminal conversation, or for any other injury to the per­
son or rights o f another, not arising on contract, and not hereinafter enu­
merated. 6. Actions for relief on the ground o f fraud, but the cause o f
action accrues from the discovery o f the fraud.
W ithin three years. 1st. Actions against sheriff or coroner, upon liabili­
ties incurred by doing an act in his official capacity, or by the omission o f an
official duty, including the non-payment o f money upon an execution. But
this does not apply to an action for an escape. 2d. Actions upon a statute
for a penalty o f forfeiture, where the action is given to the party aggrieved,
or qui tam, except where the statute imposing it prescribes a different limi­
tation.
W ithin two years. 1st. Actions for libel, slander, assault, battery, or false
imprisonment. 2d. Action for penalties o f forfeiture to the State.
W ithin one year. Actions against a sheriff or other officer for the escape
o f a prisoner arrested or imprisoned on civil process.
Actions, where there are reciprocal demands between the parties, accrue
from the date o f the last item on the adverse side.
Every one can see, from this brief abstract, how radical is the change from
the old common law practice, to that o f this new code. The reforms have
been made with too much haste, and with too little consideration, and the
consequence will be, that the construction of the whole code must be settled
by a new series o f judicial decisions; and, in all probability, so many objec­
tions will be found to it in practice, that it will be repealed at the very next
session o f the Legislature. A s it is, we must abide by it for two years, and
time will test its merits and defects.

Art. TIL— R E S T R A I N T S U PO N T R A D E .
CONTRACTS AND AGREEMENTS WITH RESPECT TO RESTRAINTS UPON TRADE,
WHICH ARE ENFORCED BY LAW.

T he extent o f territory over which the commerce o f the United States is
extending, and the variety o f circumstances and number o f persons connected
with it, render it important that the principles o f law which affect the several
classes o f cases should be reduced to general rules, and simplified as often as
the complexity o f their natures make it necessary. In our intercourse with
merchants and traders, we have found that the law, with respect to restraints
o f trade, is but imperfectly understood ; and that contracts are often entered
into o f this nature which are wholly invalid, and upon which the courts o f
the country could authorize no recovery. W e know o f no essay which, for




R estra in ts upon Trade.

69

the benefit o f the mercantile community, has deduced the law on this species
o f engagements to its elements, and therefore undertake the task.
The right to exercise a trade, or to pursue a particular employment, is a
liberty, in the free enjoyment o f which, both the public and the individual is
concerned. A t an early period in the history o f English jurisprudence, the
29th section o f the great charter o f Henry the Third was held to embrace this
right. It declares that “ N o freeman shall be taken or imprisoned, or be dis­
seized o f his freehold, or liberties, or fr e e customs,” &c. This construction erect­
ed a barrier against the grants and charters o f the crown, which had previously
restrained, by monopolies, the trade and industry of the kingdom ; and may
be said to have become one o f the principles o f freedom upon which the
United States government was founded. Against voluntary restraints, or
those arising from the agreement o f parties, the court also, at an early pe­
riod, interposed its judgment. In the second year o f Henry V., a case of
this nature was tried before Hall, Justice, which lays at the foundation o f the
principle established, in connection with our subject, and exhibits, somewhat
rudely, the decision o f the judge. A poor weaver, having sustained a heavy
loss, began, in great despair, to denounce his employment, and to declare
that he would never again follow it. One, for some trifling consideration,
procured his bond, not to be engaged again as a weaver. Afterwards, the
necessities o f his family forcing him to a breach o f this bond, the action wras
brought upon the penalty. On the facts being disclosed, the judge, who
seems to have been a firm and just, but impetuous man, is reported to have
flown into a violent passion, and given this very emphatic opinion, in Nor­
man French:— “ In m y opinion there should have been a demurrer, because
the obligation is void, and the condition is against the common la w ; and by
God, if the plaintiff were here, I would imprison him until he paid a fine to
the king.”
A vast number o f cases have been since decided, in the English and Ameri­
can courts, sustaining the views here advanced ; and though much difficulty
has arisen, from the peculiar circumstances o f each particular transaction, the
principles governing these judgments may be ascertained from considering
the following positions:—
F irst. Involuntary restraints, or those which are against the consent of
the citizen, are such as are enforced by act o f the government, the customs
o f a particular community, or the ordinances o f a municipal corporation. 1st.
A ll charters o f government to trade generally exclusive o f others or grant­
ing to particular persons the sole power o f exercising a known trade, are
against the common law, contrary to Magna Charta, and therefore void.
8 Coke’s Reports, 121. 11 Coke’s Reports, 84.
But such a grant, authorizing the sole use o f a new invented art, is good,
because furnishing a just encouragement to genius and industry. It has been
considered, however, that after the period o f fourteen years, such art is be­
come known, and has spread among the people ; and this is the origin o f the
statute o f the 21 of James, which secures to the inventor o f a new art, a patent.
Second. The restraints by custom, which have been adjudged good, are
such as are for the benefit o f some particular person, who carries on the trade
for the benefit o f the community; or for the advantage o f a number o f per­
sons, who are supposed to use a trade in order to exclude foreigners. This
last privilege is only now permitted in London, having been, by a statute of
W illiam the Fourth, abolished in other parts o f England. So a restraint, aris­
ing under a custom, may be good, which confines a trade in a particular




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R estra in ts upon Trade.

place. 8 Coke’s R., 125. Cro. Eliz., 803. 1 Leon, 142. 2 Bulstrode, 195.
Dyer, 279. 11 Coke’s R., 52.
Third. Restraints by ordinances are void, if tending to restrict trade in
general; or to exclude foreigners, where no precedent custom exists. Moor,
576. Inst., 47. 1 Bulstrode, 11. But such restraints are good, if made to
restrain trade, for the better government and regulation o f it, if for common
benefit, and to avoid public inconveniences, nuisances, & c .; or for the advan­
tage o f trade, and the improvement o f the commodity. Sidufin, 284. Ld.
Raymond, 288. 2 Keble, 27, 873. 5 Coke’s R. 62. W annel vs. Cham­
ber, o f London, 1 Strange, 675.
King vs. Harrison, 3 Burrow, 1322.
Pierce vs. Bartrum, Cowper, 269. Mayor o f Mobile vs. Yuile, 3 Alabama
R. 137.
2d. Voluntary restraints are such as arise from the act o f the party, upon
agreement, and are either general or special.
F irst. General restraints are wholly v o id ; and it is immaterial whether
the stipulation be by bond, covenant, or promise, with or without considera­
tion, or o f the party’s own trade, or not. Cro. Jac., 596. 2 Bulstrode, 136.
Cov. Eliz., 872. Moor, 115. 2 Leon, 210. 3 Leon, 217. Murch, 191.
Owen, 143. Noble vs. Bates, 7 Cowen, 307. Mitchell vs. Reynolds, 1
P. Williams, 181. The reasons given for prohibitions o f this nature, in re­
spect to general restraints, are, that such contracts produce monopolies, and
are against public good, deprives a party o f his means o f living, enables em­
ployers to lay onerous services upon their servants, Ac.
Second. Restraints o f a particular kind may be valid, or not, as they are
partial, as they are reasonable, and as they are sustained by a consideration.
1st. The law will not enforce a contract which obliges a party not to do what
his own interest, and the wellfare o f the public, demands he should perform ;
and whether an obligation, restraining a particular employment, does those
things or not, seems to be one o f the tests, as to whether the restriction is so
partial as to be enforced. The exercise o f one’s talents, industry, or capital,
is a public, as well as private r ig h t; for on it may not only depend the well­
being o f the entire community, but the support o f the individual. A n agree­
ment, therefore, not to employ these in any useful undertaking in the coun­
try, would be void, as contravening these rights. In cases in which restraints
o f a partial nature are authorized, it must be the interest o f the party, and to
the general convenience, that a trade be not carried on, or a profession fol­
lowed. Chesman vs. Nainby. Clark vs. Comer. Cases o f the time o f Hardwich, 53. Davis vs. Mason, 5 T. R. 118. Bunn vs. Guy, 4 East., 190.
Bozon vs. Farlow, Merivale, 472. Leighton vs. W ales, 3 Meeson & W ilsby,
545. Gale vs. Reed, 8 East., 79. W ard vs. Byrne, 5 M. & W ., 561. 7
Cowen, 307. Pyke vs. Thomas, 4 Bibb, 486. Stoams vs. Barrett, 1 Pick.,
450. Palmer vs. Stebbins, 3 Pick., 188. Peirce vs. Fuller, 8 Mass., 223.
Perkins vs. Lyman, 9 Mass., 522. Peirce vs. W oodward, 6 Pick., 206. 10
Modern, 27, 86, 130.
2d. The reasonableness o f such restraints are judged o f by this test.
Does the restraint only afford a fair protection as to the interests o f the party
in favor o f whom it is given ? and is it not so large as to interfere with the
interests o f the public ? Per. C. J. Tindall, in Homer vs. Graves, 7 Bing.
743. A restraint to greater extent than the necessary protection o f the
party, or which is injurious to the interests o f the public, is unreasonable,
and consequently void.
The unreasonableness o f such contracts very frequently is considered in re­




R estra in ts upon Trade.

71

spect of the space covered by the agreement. N o certain boundary can be
laid down in cases of this description; as much will depend on the nature of
the business, the denseness o f population, and the character o f the commu­
nity. The contract of a surgeon, not to practice within ten miles o f another’s
residence, was held reasonable. Davis vs. Mason, 5 T. R., 118. W hile that
o f a dentist, not to practice within one hundred miles o f a town, was held un­
reasonable. Homer vs. Graves, 7 Bing., 743. So an agreement not to fol­
low or be employed in the business o f a coal merchant, for nine months, was
held unreasonable. W ard vs. Byrne, 5 M. &. W ., 548. A n d one not to
exercise the trade o f a milk-seller within five miles o f a certain square, for a
limited time, was adjudged good. Proctor vs. Sargent, 2 M. & Gr., 20.
In the case o f Rannie vs. Irvine, 7 M. & Gr., 969. A covenant not to sup­
ply bread to any o f the party’s customers during a certain period, was sus­
tained.

A stipulation of this nature may be valid in part, and in part void. Thus,
the covenant of a dentist, not to exercise that employment in London, or in
any place in England or Scotland, where the other party had practiced, was
holden valid as to London, but void with respect to the residue. Malian vs.
May, 11 M. & W ., 653. So an agreement not to carry on the trade of a
perfumer within the cities of London or Westminster, or within six hundred
miles from either, was adjudged good as to the cities, but void as to the six
hundred miles. Green vs. Price, 13 M. & W ., 695.
Third. W ith respect to the consideration o f such contracts, the law has
undergone some changes. In the early cases, it was held that the consider­
ation should not be merely colorable but adequate; and Lord Ellenborough,
in Gayle vs. Reed, 8 East., 86, laid down the rule, that the restraint on one
side should be co-extensive with the benefits to he enjoyed by the other.
Y oung vs. Timmons, Tyrn, 226. W allis vs. Day, 2 M. & W ., 273. But
in Hitchcock vs. Coker, the court began to relax this rule ; and in this case
refused to inquire into the consideration, if shown to possess some bona fide,
legal value. In that case, however, it was conceded that, if the consideration
were merely colorable, the contract could not be enforced. A nd it is now
considered as settled, that the courts cannot look to the question o f the ex­
tent or adequacy o f the consideration. Leighton vs. W ales, 3 M & W . 551.
Archer vs. Marsh, 6 A . & E. 966. In all the cases rejecting the question o f
adequacy o f consideration, the true inquiry is held to be, as to the injurious
character o f the contract to the public. I f not detrimental to public interest,
such agreements are valid, and the parties may contract upon what consider­
ation they please. Green vs. Price, 13 M. & W . 695. Proctor vs. Sar­
gent, 2 M. & Gr., 20. Malian vs. May, 11 M. & W ., 653.

The conclusions to be deduced from these principles of law are, that per­
sons entering into these engagements, should consider the question, whether
in the first place they affect the public interest injuriously, and, secondly,
provide a merely colorable compensation to the party restrained. In the first
case they would be void, on the grounds of public policy ; in the last, invalid,
from the absence of consideration. The inquiry in obligation of this descrip­
tion is not whether a party has merely parted with his privilege of enjoying
a right, on the ground that one may voluntarily, and by his own act, de­
prive himself of the possession of his freehold, and sell or give it away at
pleasure; but whether the private interest, and the public benefit, justify the
restraining of that right. Because such stipulations are sustained, not be­
cause merely advantageous to the individual with whom made, and because




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they operate as a sacrifice, p ro tanto, o f the rights o f the com m unity; but be­
cause it is for the benefit o f the public at large to enforce them. Per Parke
B. in Malian vs. May, 11 M. & W ., 653. As a standard, therefore, by
which to govern this kind of agreements, it may be laid down, generally, that
all contracts are good, which, upon some consideration, partially restrains a
party from exercising a trade or employment, the effect o f which restraint
upon persons dealing with that trade or employment, would not be to
limit the general exercise of, or to give the party obtaining the restraint a
monopoly in, the particular trade or employment.
W e cannot close this article without indulging gratulatory reflections, upon
considering the effect o f the freedom of trade upon the prosperity o f our
country. Not that, by the freedom o f trade, we would be understood to
mean a loose, indefinite action o f government, which leaves the industry o f
the country without protection, and its commerce without encouragement;
but that liberality in the construction o f contracts, and the securities which
is thrown around them, which, while leaving the field o f commerce free, at
the same time extends just rewards to genius; under which labor, left to the
free exercise o f its own powers, and defended against fraudulent appropria­
tions, has constantly improved upon the arts, and opened innumerable
sources o f prosperity, enriching alike the individual and the State. H ad a
line of distinction, not justified in principle, not been drawn between the la­
bors o f the mind and o f the hand, the gratulation would be complete ; and it
would not now be the reproach o f nations, that while they have encouraged,
to the utmost limit o f government aid, the meanest manual employment, the
divine products o f the mind have been left subject to any theft, without de­
fense from law, and animated by no hope o f reward from public authority.

Art. T ill.— R A IL R O A D TO T H E P A C I F I C .
T his great enterprise, destined to form a new era in the commerce o f the
world, and to exert a prodigious influence on the rapid progress o f this coun­
try in population, and all the elements o f national wealth and greatness, we are
rejoiced to see, is commanding increased public attention. W hether we regard
the magnitude o f the enterprise, or the influence it is calculated to exert on
the cause o f civilization, and the destinies o f the old and the new world, its ac­
complishment will be, and ever remain, the greatest event o f the nineteenth
century.
It is impossible to conceive o f the influence this great work must have
upon trade, population, and the highest interests o f the human race. It will
open the heart o f this vast continent o f more than 3,000 miles in extent, to
the over-populated countries o f Europe and Asia. This road will carry set­
tlements and civilization from the Mississippi to the Pacific, an extent o f
nearly 2,000 m iles; and open that vast region to the dissatisfied people o f
Europe, now struggling for a social condition, which, under their old organi­
zations, they will probably never attain. It will also invite emigration from
China, India, and other over-populated countries in Asia. The Chinese, not
being a maritime people, have not planted colonies, or established settle­
ments, beyond the limits o f their own territories, notwithstanding the excess
o f their population, which has led to the inhuman practice o f exposing in­




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73

fants and aged persons to perish, that they might not consume the food
wanted for those who were more useful.
But who can say that this policy or prejudice, whatever it may be, may
not be overcome by a more intimate acquaintance with the people o f Europe
and America, and greater facilities o f intercourse with them ? W h o can
pretend to foresee the consequences which are to follow the establishment of
American civilization, with the principles o f civil and religious liberty, and
the spirit o f enterprise which belong to it, on the northern coast of the Pa­
cific ? The countries o f Asia, and the islands o f the Pacific, would be to an
enterprising commercial people, on the north-west coast o f this continent,
what the countries o f Europe, and the islands o f the Gulf o f Mexico, have
been to the people on the Atlantic coast. From our surplus food we have
supplied the wants o f Europe and the W est Indies, and from our enterprise
in the fisheries, have furnished them with fish and oil. But, in process o f
time, the half famished people o f Europe have found it a wiser course to
emigrate to this country, where food was so abundant, and the facilities of
living so great. A nd may not a similar trade and intercourse between the
Pacific coast o f the United States, and the countries o f the East, produce a
like result ?
But whether emigration from China and the countries o f the East, to the
Pacific coast o f America, is to take place or not, there can be no doubt that
our American population on that coast will maintain an active commerce
with China and the countries o f Asia ; and that this intercourse would gradu­
ally reflect and impart to the Asiatic nations the civilization o f Europe, im­
proved by being first transplanted in America. Civilization, commencing in
the East, has advanced westward, improving as it has advanced; it has
spread over Europe, and crossed the Atlantic to the shores of A m erica; pene­
trated into the interior o f this vast continent, and now it is suddenly planting
itself on the western coast o f the continent, where it will react upon Asia.
But these results must be remote, without some communication better
than now exists for transferring the population, enterprise, and resources o f
the Atlantic States, and the States in the great valley of the Mississippi, to
our possessions on the Pacific. This cannot be accomplished by a voyage o f
five months around Cape Horn, nor by the Isthmus route, which in many,
respects is not less objectionable. A n d as to any route across the continent
for travel, emigration, or trade, upon the waters of the Missouri and Colum­
bia, or the Iiio Grande and Gila, or any other, if the idea o f it was ever enter­
tained, it seems now to be abandoned. Even Col. Benton, who once main­
tained that the waters o f the Missouri and Columbia formed the natural
channel o f commerce between the valley o f the Mississippi and the Pacific
coast, appears to have changed his opinion, and is now advocating a railroad
across the continent.
But if Oregon and California could be settled by an enterprising, commer­
cial people, without a railroad, they would be cast off from the great valley
o f the Mississippi, and could have very little trade with the Atlantic or W est­
ern States. Neither could they supply China and the countries o f the East
with food. From Cape Horn to the Frozen Ocean, the mountain ranges ap­
proach near to the Pacific ; as you g o north, the western slope increases in
extent; and from San Francisco north to the British boundary, it is some 10°
from the Rocky Mountains to the Pacific. But the western slope from the Si­
erra Nevada is but 150 or 200 miles, and the country lying between these
two great ranges is either a desert, or broken and mountainous, and not




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adapted to grain. And south of the tributaries of the Columbia, there is no
rain in the summer, and can be no cultivation except by irrigation.
Neither California nor Oregon can ever become great grain countries, and
when settled, will not more than supply the wants of the inhabitants. The
mining, fishing, and commercial interests, will be likely to create a demand
for the products of the soil, equal to the ability of the country to supply. To
maintain a trade with China, in the exportation of food, it must come from
the great valley of the Mississippi. With the road, an immense commerce
with China would be carried on, in the exportation of food and the importa­
tion of teas, silks, &e. In that case, the immense products of the Mississippi
valley would be open to a market in the East, as well as in the West. With
the new and increased demand for western products, the road, by opening
1,500 miles of country to settlement, would rapidly augment the amount
produced. The balance of trade with China, now some $5,000,000 against
us, would soon be turned in our favor. The profits of this trade to the peo­
ple in the great valley, would increase their ability to purchase the manufac­
tures of the Eastern States, and the staples of the Southern, so that all parts
of the Union would share in the advancing prosperity.
It is hardly possible to conceive of the importance of a railroad which
should bring New York within eight or ten days of the Pacific coast, and
thirty-five or forty days of China. Such a communication must unavoidably
produce a revolution in the commerce of Europe and America with the coun­
tries of the East. The trade of Europe would pass across this continent, en­
tirely within the limits of the United States, and with the exception of the
Atlantic part of the voyage, we should become the carriers in the trade of
Europe with Asia. The commerce of Europe with the countries of the East,
in the progress of discoveries, and the rise and fall of commercial States,
passed from one nation to another, has always enriched the people pos­
sessing it. But this trade with all the States who have enjoyed the mo­
nopoly of it, has been mainly an import trade, specie being almost the only
export to those countries. Their wealth came from the profits of the trade,
not from its affording a market for their own products. But if the commerce
of China and the countries of the East should fall into our hands by means
of a railroad across the continent, it would enable us to exchange the pro­
ducts of our soil for the rich products of Asia. The shortness of the voyage,
and the route being in a northern latitude, would enable us to export food
to China, which cannot be done by a five months’ voyage in a tropical
climate.
With the facilities of a railroad communication, our possessions on the Pa­
cific, from their mining, fishing, and commercial advantages, would soon sus­
tain an extensive commerce with the Atlantic and Western States of the
Union. Their mining population would want the food of the Mississippi val­
ley, and their whole people the manufactures and merchandise of Europe
and the Eastern States. And as this road must carry settlements with it
across the continent, it would vastly augment the internal exchanges between
the Atlantic States and the great valley of the Mississippi, extending to the
Rocky Mountains.
This direct inland channel of trade between the Atlantic, Western, and
Pacific States, so mutually beneficial to all, would bind these different and
remote sections of our vast Union together by the strongest of all bonds,
those of interest and intercourse. We should then be one people in the
transactions of life, as well as by political organizations. The Rocky Moun­




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15

tains seem to be a natural barrier which separates the countries that are to
arise on the Pacific coast of this continent, from those on the Atlantic, and
in the great Mississippi valley. This barrier must be overcome, or it is
doubtful whether, for any great length of time, States so remote and thus
separated, can remain united in the same political system.
But it may be deemed superfluous to enlarge on the importance of this
great project. It is impossible to over estimate them. When we consider
the creative pow'er of a railroad of limited extent, of fifty or one hundred
miles, which experience has everywhere demonstrated, what imagination can
conceive of the influence of a railroad across this continent, which is to be­
come the thoroughfare of the commerce of the world, and carry the surplus
population of Europe, if not of Asia, into the heart of this great continent.
The day this great work is completed, the United States will be the great­
est and most powerful nation on earth. And this might almost be said the
day it is commenced, with the certainty of its being completed. What is
twenty years in the history of a nation ?
In view of the great results of this enterprise, so important to the ad­
vancing prosperity and greatness of our country, and so favorable to the
highest interests of humanity, why is it that the intelligent portion of our
people are not more interested in it ? Are there doubts as to the vast influ­
ence it would exert on our national prosperity ? We have seen no evidence
of this. Are there doubts as to the practicability of the enterprise ? When
the project was first brought to light by Mr. Whitney, such doubts existed.
It was regarded, even by intelligent men, only as a splendid but impractica­
ble scheme. But the examination of the subject, and the explorations of
the country, which have since taken place, have removed those hasty conclu­
sions, and inspired confidence where doubts only existed. In a geographical
or physical view of it, the word impracticability has no application to this
enterprise. Has it in any other ? Is there a want of means or ability to ac­
complish the work ? Are there doubts that the business would be sufficient
to sustain the road if constructed ? As to means, Mr. Whitney proposes to
build the road without one dollar charge upon the Treasury ; and it might
almost be said without any means from the government, as he proposes to
pay ten cents the acre for the land he asks to have set apart for the purpose,
which every one must admit, is all and probably more than the land is
worth, if the road is not opened. It is only the first two or three hundred
miles, that the land could be worth anything without the road. If this road
can be built as proposed by Mr. Whitney, by a breadth of thirty miles of
land on each side of the road, and ten cents per acre paid for the land, then
it may be said that the road costs nothing— that the road builds itself, for the
value of the land by which it is to be constructed, must be created by the
road. The country then, should Mr. Whitney’s project be adopted, will get
the road without charge or sacrifice in any way. The road is to be made to
build itself. This is Mr. Whitney’s scheme, and the idea is almost as great
as the project itself.
But there may be doubts, and this is the obejction with some— whether
Mr. Whitney could accomplish the object— whether he could build the road
with the land. Well, it cannot be denied that he may fail. Human schemes
are all liable to failure. But his perseverance for seven years, devoting his
whole time to it, with a heavy pecuniary expenditure, is sufficient evidence
that he thinks he can accomplish the object. His faith is strong, and he has
investigated the subject more fully than any body else, in all its aspects and




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bearings. H e has looked at all the difficulties which human sagacity could
foresee. H e may deceive him self; he may fail. But supposing he does, the
United States loses nothing. The bill reported by the select committee o f the
Senate, at the first session o f the last Congress, guarded the interests of the Uni­
ted States fully. It provided that Mr. W hitney was to build ten miles of
the road before he was entitled to any o f the land set apart. A nd when ten
miles was built and accepted, he would be entitled to five miles only of the
land, and so on for every succeeding ten miles of the road. For the first 800
miles o f the route, only one-half o f the land set apart was to be transferred
to him as the road progressed, the other half being reserved as security to
the United States, and as a fund to aid in constructing the road on that por­
tion o f the route where the lands are poor, and the whole not deemed o f suf­
ficient value to build the road.

If there is, therefore, reasonable ground to believe that Mr. Whitney would
succeed, the possibility of his failure should be no objection, as in that case
the United States would sustain no loss, and could continue the road in
some other way.
In regard to the road being able to sustain itself after it is built, those who
have doubts on this point seem to regard it as a road passing 1,500 miles
through an unsettled country, where there is to be no local use for the road,
and no one to protect it. But this cannot be. If the road is built on Mr.
Whitney’s plan, the lands bordering upon it must be settled, as the road is
to be built by the sale of the lands. This is another great idea connected
with Mr. Whitney’s project. As the road is to be built by the lands, they
must of necessity be sold, and in a good degree settled as the road pro­
gresses. The scheme cannot succeed in part and fail in part; if it succeeds in
building the road, it must be successful in the sale and settlement of the
lands.
Although the vast results of this enterprise do not seem to be fully appre­
ciated by the country or by Congress, yet this consideration does not appear
fully to explain the manifest reluctance of Congress to approach this great
measure.' There has been a shyness, a holding back, that is not to be ac­
counted for by the want of confidence in the practicability of the enterprise,
or the importance of it. The cause of this is to be found rather in an oppo­
site direction. It is the conviction of the vast influence this road would ex­
ert on the interests and prosperity of the country— the direction it would
give to settlement and population, as well as to commerce, which seems to
have restrained Congress from acting upon it.
One section of the Union is jealous of the others, and each seems to be ap­
prehensive that a railroad in one direction or route, may dispense its benefits
unequally ; that some sections of the Union may derive less advantages from
it than others.
That the portions of the country through which it may pass, and most
contiguous to its eastern terminus, may be more benefitted than those more
remote, is obvious. This must be the case, let the road be located where it
may. But the true question is, what route unites the. most advantages in
reference to the great national objects and interests expected to be advanced ?
This great national enterprise should rise infinitely above all mere local in­
terests. The route which will best promote the settlement of the vast inte­
rior of our continent, which will best accommodate the trade of the whole
country, and the commerce of Europe with the East, is the route that should
be selected, provided it is equallly practicable with any other. There is




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77

another consideration of no small importance : the facilities or means any
route may afford, towards the construction of the road, is a matter not to be
overlooked. A route having no timber upon any portion of it east of the
Rocky Mountains, nor within hundreds of miles of its eastern terminus,
would cause great difficulty and expense in the construction of the road and
its repairs afterward, beyond what would be required on a route, some hun­
dred miles of which was through a timber country.
The quality of the land, its adaptation to settlement, the streams with
which it is supplied, and the climate, are instances of the highest moment.
If, from the barrenness of the soil or the want of water, the country through
which the road should be constructed is not fit for settlement, that would de­
feat one of its important objects— the settlement of that interior portion of
our vast territory which cannot be settled without a railroad through it.
And through such a country there could be no local business to support the
road, and no population to protect it.
The climate is also important; a region of eternal snow would be a great
obstacle, and a hot climate would be liable to damage some of the agricultu­
ral products which would pass over the road. But according to the best in­
formation in relation to the region of the Rocky Mountains, the prevalence
of snow does not depend so much on latitude, as on elevation and other cir­
cumstances.
It is not my purpose to examine the different routes which have been pro­
posed. This has been done by Mr. Whitney, very fully and apparently very
fairly, in a pamphlet he has recently published. This pamphlet not only con­
tains much information on this question, but upon the whole subject. It
should be read by every person in the Union who wishes to make himself
acquainted with the merits of this great enterprise of the age. Mr. Whitney
has devoted seven years to the investigation of this subject, and has collected
a vast amount of information connected with every part of it. To him is
not only due the honor of first suggesting the project, but he is entitled to
the merit of the chief agency, in calling public attention to it, and of collect­
ing and laying before the country a vast amount of information relating to it.
Whether his particular project and his agency shall be adopted or not, should
the road ever be constructed, his name cannot be separated from the work,
nor can he be deprived of a large share of the honor it would reflect on the
country.
Without assuming to be qualified to decide the question, which is the
better route, we must be permitted to say, that from the examination we
have given to that question, our first convictions have not been changed, that
Mr. Whitney’s scheme, his route being regarded as a part of it, is the most
feasible, and combines more advantages, than any other yet suggested.
The routes from Memphis, from Fort Smith in Arkansas, and from
Texas, pursue the valley of the Rio Grande beyond Santa Fe, and the river
Gila. This route, if not impracticable, passes through a very mountainous
and barren country, and, from the description of Lieut. Emery, would seem
to be utterly uninhabitable. Considerable portions of the route must be in
the Mexican territory. In the mountain region, the frost and snow interpose
quite as formidable obstacles as the northern route; whilst in other parts of
the route, both east and west of the mountains, the heat is excessive. This
route is destitute of timber, and we know of no single advantage it possesses
over the route proposed by Mr. Whitney.
The route proposed by Col. Benton, from St. Louis, by way of the Kan




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sas and Platte rivers, to the South Pass, seems the only one yet suggested
deserving of consideration, as compared with the Whitney route. But if
this route should be admitted to be as good, or better, than the one from
Prairie du Chien, does it afford adequate means for its construction ? At
the South Pass, the two routes would unite, and the difference is east of
that point. The route from St. Louis affords very little timber, either for
the road, or for the purposes of settlement. Nor can it furnish much means
from the avails of the public lands, which, by the bill introduced by Col.
Benton, are to be appropriated for building the road. In the State of Mis­
souri, the lands have chiefly been sold; and for one hundred and fifty miles
west, is the Indian country, where the lands cannot be sold, or appropriated
to this object. Beyond that point, they are generally barren and unfit for
settlement. On this route, the timber for the road would have to be brought
down the Mississippi from the upper part of Wisconsin, at a very heavy
expense.
Col. Benton’s bill proposed to appropriate the whole avails of the sales of
the lands on the line of the road, and one-half of the proceeds of the sales of
all other public lands. This would not seem to provide means sufficient to
build the road. If the lands on the line of the road amount to but little,
the amount applicable to the road annually, must be little more than one
million of dollars. Until the sixteen millions of land-bounty scrip is out of
market, the public land required cannot be expected to exceed from one and
a half to two millions. The expenses of the road on this route, with the
difficulty of obtaining the timber, including the repairs while the road is
progressing, would not probably be less than one hundred million^ of dollars.
With so slender a fund, it could not well be constructed ; and if commenced,
the natural result would be, to throw the work entirely upon the treasury.
The road is to be constructed by the government, and to be under its
control and management. This would not only greatly augment the ex­
pense of its construction and management, but give rise to great frauds and
corruptions, and create such a dangerous expansion of executive patronage
as might so disgust the people, as to induce them to abandon the project,
after millions had been expended upon it. It is doubtful whether the peo­
ple will ever be willing to confide such a vast machine as this road would
be, either to Congress or the President. It would, of course, become an en­
gine of party, and give a sudden and darrgerous preponderance to executive
power and influence, already too strong, and daily becoming more potent.
The great and distinguishing advantage of the route from Lake Michigan
is, that it passes over eight hundred miles of the best land for settlement,
more than five hundred of which is without timber. The greater portion of
this land is still unsold. The land within the first portion of the route will
not only furnish timber for the road, but for buildings and fences for those
who may settle on the line of the road, which will supply facilities for trans­
porting it, as the road is extended. This portion of the land will likewise
furnish the means of constructing the road, not only through its own limits,
but west of it, through the barren country to the South Pass. These lands
are being fast taken up, so that it will soon be too late to carry out the plan
of Mr. Whitney. When the lands in Wisconsin and Iowa are sold, border­
ing on the route, his project is at an end. The last Congress ought to have
investigated this subject, and have passed the bill, if satisfied of the prac­
ticability and advantage of Mr. Whitney’s plan of accomplishing this great
national work. To what other use can these lands be applied, which will




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79

be productive of such important results— such vast benefits to the whole
country, and for all time to come ? The setting apart these lands for this
road, cannot very materially diminish the revenue from the public lands, as
the opening of the road will extend settlements, and bring other lands into
market, which could not otherwise have been sold in a century, if ever.
Was there ever a nation so favored? We have presented to us an oppor­
tunity of throwing the commerce of all Europe with the East, across this
continent, and making New York the grand emporium of the trade of the
world, and of rendering all nations tributary to us. A trade which would give
a new impulse to all our interests; which would diffuse over the whole Union
more wealth than all the golden sands of California.
There is a tide in the affairs of nations, as well as of individuals, which,
taken at the flood, leads on to fortune. Shall we want wisdom to avail our­
selves of the advantages of the wealth and prosperity which Providence has
spread out before us ? Such has not been the American character. These
vast advantages are not only presented to us, but Providence has also fur­
nished the means of securing them almost “ without money and without
price.” We are invited to put forth our hand and take them. Was ever
any people so favored before ? And this national prosperity offered to us,
is not to be enjoyed at the expense of the oppression and degradation of
any other people, or any portion of the human race. The wealth of old
Spain, drawn from the mines of Mexico and South America, involved the
blood of millions, and the enslavement of the unoffending inhabitants of a
continent. No wonder that prosperity thus obtained, did not command the
blessing of heaven, and that the streams of "gold, acquired at such a sacrifice,
instead of fertilizing the land enjoying them, only paralyzed its industry,
corrupted its morals, and, in the end, impoverished, weakened, and degraded
the people. But with the prosperity to our country which this enterprise
offers, would be connected immense advantages and blessings to the poor
and oppressed of all nations. It would create a new and unlimited demand
for labor, and open a vast region for the settlement and abodes of the desti­
tute of our own and other lands.
Cannot the public mind be elevated to a just appreciation of the great
results, the vast benefits of this great enterprise ? When objects and. ad­
vantages so vast to the whole country are within our reach, cannot all paltry
local and sectional jealousies and interested motives be sacrificed on the altar
of the national weal ? Sectional and rival interests are doubtless the only obsta­
cles in the way of the speedy accomplishment of this measure. But with the
country, with the people of the whole Union, what consequence is it, whether
one State or section, or another, is most favored by this great enterprise ?
The road must, if made, be located somewhere; it must have some point
of termination in the Valley of the Mississippi, and on the Pacific. The
places thus favored must necessarily enjoy greater advantages from the road
than other parts of the Union. But it is of no consequence to the people at
large, where those favored sections are. The route offering the greatest ad­
vantages to the whole country, and affording the most ample means for the
construction of the road, possesses the highest national recommendation,
and should be selected. Let the attention of the whole people be directed
to this subject; let it be fully investigated in a truly national spirit, free from
sectional jealousies and interests, and an enlightened and patriotic public
opinion be brought to bear upon it in a way that shall lighten the path of
the next Congress, and make their duty to the country so plain, that they
cannot mistake it, nor feel justified in neglecting it.




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N avigation o f the Confluents o f the R io de la P la ta .

Art. IX.— NAVIGATION OF THE CONFLUENTS OF THE RIO BE LA P LA T A *
T he navigation of the rivers Parana, Paraguay, and their tributaries, is o f
such vast extent and importance, that we are desirous o f increasing the pub­
lic knowledge of a part of our continent, which, ere long, must engross a
large share of commercial attention and enterprise.
This interior navigation, unexampled in our own country, is almost en­
tirely free from any kind of obstruction, and therefore offers an open course
for vessels or steamers of great capacity. Nature, of her own accord, has
left these beautiful canals in a more perfect state for the use of mankind,
than all the efforts of human industry have been able to produce in other
rivers, save at the cost of constant trouble and expenditure.
In order to describe aright such an enormous extent of fluvial navigation,
it will be necessary to divide it into different sections, each one of which,
already possessing a greater or less population upon its banks, presents, in
its numerous ramifications, the means conducive to the richest commerce,
and will gradually cause the springs of great riches, and high prosperity, to
flow downward to the ocean.
Let us consider, in the first place, the principal line of the Parana, which
ascends from Buenos Aires to the confluence of the Paraguay, and, leaving
the latter on the left, continues ascending, until it penetrates into the center
of Brazil. This'grand line presents to us a majestic extent; for it has a
line, wide, and deep bed, adorned with beautiful islands, and its shores are
formed, now by gentle slopes of arable lands, and again by abrupt prom­
ontories, covered with virgin forests. Many pleasant villages are seated upon
these shores, and many new ones must appear, as if by enchantment, when
a navigation so fertile as this shall have acquired its natural liberty.
During the course of this magnificent river, numerous tributaries send
their waters to swell its gigantic flood. These are so many doors which
open the commercial entrance to the almost interminable regions from whence
they flow.
Let us travel on the map now before us, and, assisted by the memory of
our own voyages, proceed from Buenos Aires to the center of Brazil, noting,
by the way, only the most important points of this navigation, for our limits
forbid detail.
The Gualeguay first attracts our attention, flowing from the center of the
province of Entre-Rios. It empties into the Parana, twenty-six leagues above
Buenos Aires, in which distance we pass upon the left, or western hand, the
departments of Conchas, Cruz Colorada, Zarate, Barredero, and San Pedro.
The rivers Tercero and Salado, mixing their torrents, flow into the Parana,
forty-six leagues above the Gualeguay, or seventy-two from Buenos Aires.
In the interval between the two confluents, we pass, on the west bank from
whence they penetrate, the city of San Nicholas, and the village of San Pe­
dro. Between these runs the Rio del Medio, the boundary of the territories
of Buenos Aires and Santa Fe.
The river Tercero rises in the province of Cordova, which it crosses, as
* Thirty-second number of “ El Paraguayo Independiente.” Asuncion. December, 1845.-----Voyages dans L’ Amerique du Sud par Don Felix D'Azara.------Carta Corographica do Imperio do
Brazil, dedicado ao Instituto Historico e Geographico Brazileiro pelo Coronel Engenheiro and Socio
effectivo Conrado Jacob de Niemeyer, pelo mesmo aranjada sobre os melhores trabalhos existentes,
antigos, e modernos, contendo igualmente as Plantas, que se poderao obter, das cidades capitaes, e
outros lugares importantes. Lithographada no Estabelecimento de Heaton & Rensburg, Rio de Ja­
neiro, 1846.




N avigation o f the Confluents o f the R io de la P la ta .

81

well as that o f Santa Fe. It offers the means o f an extensive commerce,
and a free navigation with the interior of these vast territories. The Salado
rises in the center o f the province of Salta, intersects Tucuman and Santa
Fe, and after running parallel to the Parana, thereby forming a long pe­
ninsula o f the capital o f this latter province, and the adjacent land, associates
itself, as we have already said, with the river Tercero, to make their joint
presentation to the Great Parana.
One hundred leagues above Buenos Aires, the city o f Parana, or the
Bajada, is found upon the east bank, and ranks as the capital o f the province o f
Entre Rios. Nearly opposite, on the west, is the city o f Santa Fe, capital o f
the province o f the same nam e; and thirty-eight leagues further up, we meet
with the village o f Cabayu Cualia, or La Paz, on the Eutrerian bank.
The river Guaiquiraro is the fourth o f the principal confluents o f the Par­
ana. It divides the provinces o f Entre-Rios and Corrientes, entering from
the east, about eight leagues above the afore-mentioned village o f La Paz.
The river Corrientes disembogues from the same side, twenty leagues
above the latter, and therefore one hundred and sixty-six above Buenos
Aires. It rises in the great lake o f Ibera, and, crossing an extensive part o f
this province, washes with its southern shore the interesting village o f La
Esquina.
About twelve leagues still farther advanced, the river Bateles is seen en­
tering the Parana, derived from the same source as the Corrientes, and flow­
ing in an almost equal and parallel course.
The city o f Goya is found upon the east bank, some twenty leagues above,
or one hundred and ninety-eight leagues from Buenos Aires. This valuable
position is already very remarkable for its commerce, which will naturally
increase with every future impulse. Moreover, its central location is o f much
consequence to its commercial relations with the greater parts o f the prov­
inces o f Corrientes and Entre-Rios; because it possesses the advantage of
the terminus o f the highway from the town o f Los Libres, on the river Uriguay, whose commerce is thus brought into contact with that o f Goya.
Ten leagues beyond Goya we find the mouth o f the river Santa Lucia,
and immediately adjoining to it, the village o f the same name.
Following the east bank, we meet with the villages o f Bella Vista, the
Capilla del Senor, and others; after which, two hundred and fifty leagues
from Buenos Aires, the beautiful capital o f Corrientes bursts upon the view.
It is situated upon the Parana, in 27° 27' south latitude, and 15° 3 0 ' west
longitude from Rio de Janeiro. The city contains about 30,000 inhabitants,
and, enjoying a pleasant and salubrious position, is destined to become a
place o f great commerce.
Some ten leagues farther in latitude 27° 20', the abundant waters o f the
Paraguay meet, but mix not, for many leagues, with those o f the Parana.
W e will postpone the description o f the former yet a while, to follow the
line o f the latter to its source.
As far as the island and rapid of Apipe, some thirty-five leagues beyond
this confluence, the Parana still presents an unembarrassed navigation, and,
throughout this distance, both margins are covered with inhabitants and
villages. Apipe is an important point, as well for the republic o f Paraguay,
as for the province o f Corrientes, and that o f Rio Grande do Sul in Brazil.
From thence, freight wagons travel over the level pampas, a distance o f thirty
leagues, to the villages o f Santa Tome and San Borja, thus forming a com­
mercial communication with the navigation and different towns o f the river
VOL. XXI.----NO. I.




6

82

N avigation o f the Confluents o f th e'B io de la P la ta .

Uruguay. On the other side, Apipe governs the upper navigation o f the
ParanA, and the extensive territories and population on either shore. The
rapid found here is small. A t high water, large vessels can always pass by
the western channel, and it is serviceable at all times for small craft. There
will be a vast increase in the commercial relations with the interior o f Para­
guay, by way o f tbe Villa del Pilar and the city o f Asuncion, when the
road which leads from Apipe to the river Tebicuari is improved.
Twenty leagues above Apipe, we arrive at the Villa de la Encarnacion, or
Itapua, in south latitude 27° 20', and 12° longitude west from Rio de Ja­
neiro. This place presents the most delightful view that we have seen in
the interior o f South A m erica; and it carried on all the commerce which
was permitted by the tyrant Francia.
Ascending eighty leagues farther, we come to the bar o f the deep river
Iguazu, which flows with extreme beauty. Its latitude is 25° 25'. The
cascades o f this river are found in the center o f the province o f San Paulo,
in Brazil. It crosses all the territory of Coritiba, and receives many large
tributaries, which greatly ramify its navigation. It will become the channel
o f the commerce of the Brazilian settlements of Guarapuaba, Larangeiras,
and Palmas. The village o f Santa Maria formerly flourished at its confluence
with the Parana.
The magnificent rapids o f the Seven Falls are met with thirty leagues
above the Ignazu, in latitude 24° 27'. They are classed by D ’Azara as the
second wonder o f the earth, the Falls o f Niagara being the first. This stu­
pendous cataract is covered with a constant rainbow, and the immense masses
o f water falling in the most picturesque forms over the huge rocks, produce
high eddies, and vast depths, in violent ebullition. It seems as if reserved,
in its beauties, to enchant the traveler, and recompense him for all his fa­
tigues. The Jesuits formerly opened a good road o f eighteen leagues ex­
tent on the east bank o f these rapids, by the means o f which they brought
cargoes for their missions o f Guaira, Ciudad Real, and other villages.
After passing this barrier o f nature, a vast and unobstructed navigation
continues for more than a hundred leagues, until we meet with the majestic
rapids denominated Urubuputiga. These rapids are passed by a portage.
Above them, for many leagues, good navigation is found, until encountering
the rapids called Marimbondo. Finally, the river continues uninterrupted
above these, to the center of the Brazilian province o f Mindo Geraes. Its
sources are found near the boundary o f the province o f Rio de Janeiro, and
not a hundred leagues from the city o f the same name.
Above the Seven Falls, the Parana receives, among others, the waters of
the large rivers Piquiri, Iguatimi, Ainambay, Toes Barras, Parana, Panema,
■San Anattasis, R :o Pardo, Orza, Verde, and Aguapu.
The most fertile margins o f the Parana, the rich mines, and the plentiful
fruits which these wonderful regions inclose within their prolific bosoms,
will produce a wealth and greatness in the future, such as we cannot venture
;to predict, without the imputation o f extravagance. Meanwhile, we only de­
sire that any mind o f ordinary intelligence should draw the parallel between
the vallies o f the Mississippi and those o f the Parana. If the former is the
true land o f promise, the latter is, at least, its equal. W e are confident that
time will show the truth of our comparison.
Such is the first and great line o f the navigation o f the celebrated Parana.
Its distance is immense, crossing different latitudes and various climes— a
•distance, it is true, interrupted by some obstacles, but those are above its




N a viga tion o f the Confluents o f the R io de la P la ta .

83

most thickly populated regions, leaving still a vast course, intersected by nu­
merous and ample ramifications, which must receive and transport the fruits
and productions o f thousands o f leagues of the unappreciated regions of
South America. Meantime all this is but a part of this splendid reality.
Let us pass, therefore, to the other and most famous line, and travel up the
great and beautiful river Paraguay.
Eleven leagues above the confluence o f the Parana and Paraguay, as al­
ready stated, in south latitude 27° 20', the river Bermejo is found. It enters
lyom the west, and, from its size and importance, ought to be considered as'
another section of the navigation o f which we treat.
Less than a league beyond is the Villa del Pilar. This town is the chief
market for Paraguayan commerce, the importance o f which daily increases.
It is frequented by many foreigners, and generally has many vessels moored
to its banks.
Fourteen leagues above the Villa del Pilar, the Tebicuari enters from the east,
and presents a free navigation through the interior o f Paraguay to Villa Rica,
which country contains 27,000 inhabitants. Both the margins o f this river
are covered with settlements and villages.
Some ten leagues farther on we meet with Villa Franca, and at about an
equal distance with Villa de Oliva, as also with La Villeta, eleven leagues
above the latter.
Near La Villeta, one o f the branches o f the voluminous and celebrated
river Pilcomayo joins its waters to the Paraguay ; and six leagues above, the
other is found, both flowing from the westward. W e will treat farther o f
this river conjointly with the Bermejo.
One league above the northern branch o f the Pilcomayo is situated the city
o f Asuncion. This capital is found in latitude south 25° 16'. Its position
upon the eastern margin of the Paraguay enables it to command the view
o f an immense western horizon in the Gran Chaco. It is surrounded by
populous parishes, and in its commercial markets the foreigner daily buys all
kinds of products, not only for domestic consumption, but also for exporta­
tion. Beautiful, healthful, and with every means at hand to become greatj
this capital is destined to be the manufacturing and commercial emporium
o f an unexampled country ; in a word, the St. Louis o f South America.
Ten leagues above Asuncion, and after leaving the river Salado, which, to­
gether with its tributaries, gives a free navigation to different points o f im­
portance, the river Mandubira enters from the eastward, watering in its course
several villages o f the republic. Upon the same eastern margin, thirteen
leagues above, is the village Rosario and the mouth o f the river Cuarepoti,
in latitude 24° 23'.
Ascending seven leagues, we arrive at the bar o f the rapid river Jegui,
upon which the Villa de San Pedro is situated. This river is navigable up
to its highest fountains, rising on the Brazilian frontier, crosses all the eastern
territory o f the republic. Valuable cargoes o f yerba and tobacco are annually
floated down its stream.
Twenty-four leagues above, the river Ipaneguazu pours its waters to the
Paraguay. Like the Jejui, it crosses from the Brazilian frontier. Upon the
right margin is formed the village of Belen.
In latitude 23° 23' south, the ancient village o f Concepcion is placed upon
the eastern bank. Like most o f the villages o f the first settlers, it is a little
retired from the stream ; and some two leagues above the Ipaneguazu. It is
settled by a commercial and happy population.




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N avigation o f the Confluents o f the R io de la P la ta .

The river Yerde enters six leagues above this village, flowing from the
west. It opens a navigation to the interior o f Bolivia, free from obstructions
o f any kind.
Three leagues above, the river Aquidabanique comes from the eastward.
Twelve leagues farther on, is the village o f San Salvador. From thence
the inhabitants navigate thirty-four leagues up the river Apa, and several im ­
portant settlements are passed in this distance.
After leaving, on the eastern hand, the river Tipoti, and ascending twentyfour leagues to the Fuerte Olimpo, wo meet with the river Blanco, flowing
from the eastward.
Thirty-four leagues above this point, we arrive at the mouth o f Lake Neg r a ; and eleven leagues farther on, with the village and fort o f Coimbra, in
south latitude 19° 55'. Near to this point lies the village o f Misericordia.
From Coimbra to the confluence o f the river Miranda, the distance is ten
leagues. Upon its right margin a flourishing village is situated.
From thence to the river Tacuari, the distance is five leagues. The Tacuari
is the channel o f navigation for the Brazilians o f the province o f San Paulo,
in their commerce with the city o f Cuyaba, the capital o f the province o f
Matto Grosso.
The village o f Albuquerque occupies a most picturesque situation, fifteen
leagues above the Tacuari.
Ascending still forty leagues, you arrive at the confluence o f the river San
Lorenzo, in latitude 17° 19' 4 3 ". A t this height, the navigation o f the
Paraguay is divided into two great branches: the one formed by its own
channel, the other by the San Lorenzo.
I f we penetrate by the latter unto its confluence with the river Cuyaba,
and pursue our way up the waters o f this river, we shall arrive at the city of
the same name, eighty-eight leagues from its mouth, having passed many dif­
ferent villages. The city o f Cuyaba is in latitude 15° 36'. Surrounded by
agricultural establishments, well stocked with cattle, and above all with mines
o f gold and diamonds, it is an important and commercial center for the popu­
lation o f the province. In addition to the navigation o f the Paraguay, it
possesses that o f the rivers Madeira and Arinos, through the province o f Par&,
as well as that already referred to, through the province o f San Paulo. The
livers Xingu and Tecantius will also be new channels o f industry and com­
merce.
The river Cuyaba is still navigable for many leagues above the city. On
the other side, among the many tributaries o f the San Lorenzo, the Tequira
and Pequiri form a communication with the road o f Curo, which comes from
the province of San Paulo, upon the Atlantic sea-board.
Returning to the principal channel, or continuation o f the celebrated river
Paraguay, we see that its free navigation continues yet a long distance.
Thirty-four leagues above the confluence o f the San Lorenzo, the river Ne­
gro enters from the eastward. Another advance o f nineteen leagues brings
us to the Jauru, which comes from the west in latitude 16° 24'. There is
only a small distance from the fountains o f this stream and those of the river
Amazon. The Villa Maria is situated several leagues above the mouth o f
the Jauni.
W ithin the next four leagues, we find the rivers Cabazal and Sipotuba.
The latter has an open channel for the space o f sixty leagues, and its head
waters are enlaced with those o f the Sormidoro, which fall into the Amazon.
The Paraguay continues navigable for more than sixty leagues, when we




N avigation o f the Confluents o f the R io de la P la ta .

85

arrive at the Villa del Alte Paraguay Diamautius. A t this point, its waters
gush forth from rich beds o f valuable minerals. Its first sources are in
13° south latitude and 12° longitude west from Rio de Janeiro. From
thence it increases rapidly and majestically. In fact, its primitive fountains
are so plentiful, both in number and in water, that in a very short distance
from them it is already fully navigable. Its bed, spotted with gold and bril­
liants, indicates that it is to be the great channel o f the immense riches of
South America.
It would be a tedious and thankless task to enumerate its many confluents,
each one o f which has other dependants. Nor is a bare list o f names o f any
use, so long as the rivers to which they belong are unknown in all else that
appertains to them. Thus far we have kept within the bounds o f certainty.
It is enough to say here, that the amount of the congregated waters during
the freshets is so great, that it forms the inland sea formerly called Xarayes,
which covers the land between Villa Maria and Coimbra, being an extent of
eighty leagues in length, by forty in width. Deep and beautiful lakes, from
time to time, flank its entire course. Finally, the river Paraguay, from its
interesting and unembarrassed channel, its beauty, its long course, the variety
o f its shores, its tributaries, its rich mines, and many other titles to import­
ance, appears almost to belong to romance rather than reality.
W e ought to consider, as a third great section, the nearly parallel lines of
the rivers Rermejo and Pilcomayo already mentioned. The first has been
frequently explored. It rises in the Andes, and receives, among many other
large tributaries, the rivers Santa Victoria, San Luiz, Negro, Grand, Jejui y
Tazu, Reyes y Leva. Its channel is deep enough for the largest vessels, and
is unobstructed as far as the republic o f Bolivia, the Gran Chaco, and the
provinces o f Salta and Tucuman, in the Argentine Confederation. It crosses
an immense surface, which it cuts into different sub-divisions, and from the
length o f its course and the volume o f its waters, it received the name o f great
from its first discovery, being the commercial canal o f several entire States.
The second o f these rivers, formed by the two great branches, the Pilcomayo and the Cachimayo, rises also near the Andes, being increased in its
course, among others, by the tributaries Furichipa, Santa Elena, Acchila, Paspaso, the water’s o f the Potosi, and the Sucre. It irrigates widely extended
provinces, as well as the territory o f the Grand Chaco. The republic o f B o­
livia has made repeated efforts, though as yet without success, to explore this
important river.
Our description has been rapid, but it is enough to prove the immense ex­
tent of surface which is intersected by this admirable and vast net-work of
navigable waters. Crossing and insinuating itself throughout such rich and
varied lands, what an incalculable commerce o f exportation must one day
float upon its bosom ! How difficult it must be to over-estimate the future
grandeur and prosperity o f those enchanting regions, for which “ G od has
done so much, and man so little.”
Upon the fertile banks o f so many fluvial channels, sugar-cane, coffee, cot­
ton, yerba, tobacco, rice, indigo, and a thousand other productions, vegetate
with profusion. Near them is an inexhaustible supply o f cochineal, hides,
furs, and an immensity o f woods, which, by themselves ought to support a
most valuable commerce, as well for the different purposes o f maritime con­
struction, and for those o f domestic habitations, as for the purposes o f dyeing
and the other arts. Sarsaparilla, ipecacuana, vanilla, cocoa, copaiva, India
rubber, Peruvian bark, with an infinity o f useful herbs, fruits and gums, some




86

N avigation o f the Confluents o f the R io de la P la ta .

as yet unknown tQ the civilized world, luxuriate spontaneously without the
aid o f man, and are gathered in small quantities by the natives, as purely
natural riches, and of little value.
Thus all is found there from the hand o f Providence, but much else is
wanting. And, therefore, it is that to open the great prospect o f the riches
bf these regions— to call the speculation and attention o f all persons to beau­
tiful and fertile South America, we desire two things both simple and rea­
sonable. L i b e r t y o f n a v i g a t i o n , a n d P e a c e . The latter obtained, the
former will follow. W e have shown in other papers, how, in our humble
judgment, the government o f the United States can give to these unhappy
countries that peace which is the indispensable element o f civilization and
Christianity.
The order o f Providence seems to have constituted our glorious nation the
guardian and the protector o f South America. W ith the friendly aid which
it can only supply, a sudden metamorphosis will transform the face o f these
countries. The power o f steam will reproduce upon their waters the won­
derful results which have marked its introduction among ourselves, and
which, to our benighted brethren o f South America, appear but the phantasy
o f a dream. If we can only lead them to adopt those modes o f commerce
for which they have such unexplored advantages, we shall open to them a *
new fera o f grandeur and happiness, o f which they cannot as yet form any
adequate conception.
In from five to eight days, a steamboat could run up from Buenos Aires
to Asuncion, the capital o f Paraguay; and in from six to nine, to Cuyaba, as
already stated, the capital o f the Brazilian province o f Matto Grosso. A
shorter time will carry the return voyage to the Rio de la Plata, after having
touched, in both trips, at the many different villages and cities upon the
banks; leaving in them the spirit o f life and wealth, and through these the
benefits o f education and refinement.
W h en this time arrives, the cheapness o f productions, the rapidity o f all
transactions, and the movement o f industry, will create consequences which,
natural though they be, appear now to the timid Paraguayan spirits, as the
beautiful delirium o f the opium eater, or as the speculations o f a poetical
imagination. The concourse o f foreign manufactures will lower their price;
the facility o f transportation will raise the value o f the productions o f those
valleys ; and the certainty o f an outlet or consumption, will prodigiously aug­
ment the sources o f supply. New industry will appear, new improvements
will astonish him, who, though he lives in the nineteenth century, is as yet
surrounded by the darkness o f the tenth. His sole anxiety now is necessa­
rily confined to procuring the most ordinary means o f subsistence. But then
the face o f all things will absolutely change. Population will increase in a
ratio hitherto unknown, not only from the voluntary emigration o f foreigners,
but on account o f the increased means o f a comfortable existence. A nd the
travels and investigations of scientific men, the introduction o f machinery and
newr means o f labor, together with a new spirit o f energy and enterprise, will
bless all persons with novelties o f unbounded usefulness before unknown.
The lands will double in price periodically, new mines will appear, and
increased facilities will draw out the overflowiug riches o f those which are
now depreciated. In fine, many villages, many cities, will raise their pros­
perous heads upon the roots of those luxury-teeming forests.
But the immediate obstacle in the way o f the advancement o f the most
valuable part o f South America, is presented by the policy o f General Rosas,




N avigation o f the Confluents o f the R io de la P la ta .

87

the Dictator o f the Argentine Confederation, who opposes the recognition of
the independence o f Paraguay, as well as the right o f Bolivia, Paraguay, and
Brazil, to a free navigation to the ocean, save under his flag, though he
only has actual jurisdiction over some seven hundred and fifty miles, o f the
many thousands which we have endeavored to describe. More especially in
the case of Paraguay, does he claim the rights o f a master, in the face o f her
just title to independence and self-government. That rich and prolific coun­
try alone embraces a territory twice as large as the State o f New York, and
contains within itself all the elements o f future greatness. But General
Rosas, the powerful foe of her liberty, holds, as we have said, both shores o f
the Parana to its confluence with the Paraguay, and refuses to allow the
productions o f these three nations, over only one o f which he pretends to any
jurisdiction, to find their way to the ocean through the only outlet which
Providence has supplied. The pretext on which he rests his claim, only re­
quires to be examined in order to expose its futility. The independence of
Paraguay can never be merged in the despotism o f the Buenos Airian Dic­
tator, for it has already been acknowledged by many nations, both o f Europe
and America, namely, Brazil, Chili, Bolivia, Venezuela, the Banda Oriental,
Portugal, and Austria.
It only needs the friendly action o f the United States, as one o f the most
important commercial nations o f the world, to put an end to the present
state o f injustice and oppression, and give the first impulse to the career of
her advancement and success.
Our government, as yet, has given no countenance to the claims o f Para­
guay. But we trust that it will soon investigate these proofs concerning
this claim, which are now in its possession. For it is unreasonable and bar­
barous, as well as a perversion o f the duties and design o f the human race,
that any one man, or people, should debar civilized nations with their im ­
plements of husbandry, and the arts— with their laws, their learning, their
liberty, and all that ameliorates the primal condition o f mankind— from all
entrance into or exit from this mighty region, spontaneously laden with the
bounties o f heaven. N or can we be brought to entertain much respect for
the loose and attenuated claim o f jurisdiction advanced by General Rosas,
over a country evidently fitted and designed by Providence, and by the long­
ing desires o f its rightful owners, to become a great, a powerful, and an in­
dependent nation.
“ If an uncivilized, erratic, and savage race o f men will usurp more terri­
tory than they can subdue and cultivate, they have no right to complain, if
a nation of cultivators puts in a claim for a part.” (Vattel, divit des gens,
C. 1., sec. 81.)
How much more may the citizens o f Paraguay insist upon their indefeasi­
ble dominion over their own soil, and refuse to submit to the usurpation o f
Buenos Aires, and the semi-barbarous Gauchos o f the Argentine Confeder­
ation !*
* E d w a r d A. H o p k i n s , Esq., the contributor o f this article, is a son o f the Bishop o f Vermont. He
was appointed by Mr. Polk United States Special Agent in 1845, and resided for many months in the
Hepublic of Paraguay, and since that time has resided there in a private capacity—as explorer. His
contributions to the “ National Intelligencer ” and other leading journals, on subjects connected with
Paraguay, have attracted a large share of the public attention. He is about to return to that country
f or the purpose of opening the commerce of that vast and unexplored region to American enterprise.
The readers o f the “ Merchants' Magazine ” will probably be favored, on his return, with further in­
formation touching its resources and capabilities for commercial enterprise.— Ed. Mer. Mag.




88

M ercantile L a w Cases.

MERCANTILE LAW CASES.
ENDORSING NOTES.
Persons, not parties to a note, who put their names upon it as endorsers, are presumed to have done
so as sureties, and are liable in solido, unless they demand a division. The exception o f division
is a peremptory one, which must be specially pleaded; it cannot be supplied by the Court. When
the exception is pleaded by one surety, it is competent for the plaintiff to prove the insolvency o f
the other surety.

In the Supreme Court o f Louisiana. Robert McCausland rs. Lyons & Smith.
Appeal from the late Third Judicial District Court, o f the Parish o f W est Feli­
ciana. S l i d e l l , J. P er Curiam : Lyons & Smith are sued upon a note o f the
following tenor:—
“ On the first of April, 1843, we, or either of us, promise to pay to Robert McCaus­
land, or order, the sum of 82,200, payable and negotiable at the Louisiana State Bank
at St. Francisville, bearing ten per cent per annum from maturity until paid, it being
for value received this first day of April, 1842.
(Signed)
P. B. M cK elvey .”
On the back o f this note are the signatures of the defendants, “ H. A. Lyons”
and “ Ira Smith.”
The petitioner, who is the payee o f this note, alleges that Lyons &, Smith
signed before the delivery o f the note to him, and thus incurred the liability of
sureties in solido. Lyons & Smith answered, admitting their signatures only,
and pleading the general issue. The Court below gave judgment in favor o f the
plaintiff against the defendants each for his virile share, and from this judgment
the plaintiff has appealed, and asks that the judgment be amended so as to con­
demn the defendants in solido.
Our first inquiry is, Under what class o f contracts does the obligation con­
tracted by Smith & Lyons fall? This is answered by several decisions o f our
predecessors and o f this Court, which must be considered as settling the point in
this State. By this irregular endorsement, Lyons & Smith bound themselves as
sureties. (See Smith vs. Gorton, 10 L. R. 376; Laurence & Hill vs. Oakey, 14
L. R. 389; McGuire vs. Bosworth, 1 Annual, 248.) Such being the character of
the contract, our next inquiry is, Are these sureties liable each for the whole debt,
or is the liability merely joint?
By the article 2088 of our Civil Code, (which is taken literally from the article
1202 o f the Napoleon Code,) it is declared that “ an obligation in solido is not
presumed; it must be expressly stipulated.” The rule ceases to prevail only in
cases where an obligation in solido takes place by virtue of some provisions o f
law, “ ou la solidariie a lieu de plein droit, en outre (Tune disposition de la lo i" It
is, therefore, necessary to consider the nature of the contract o f suretyship, for
the purpose o f determining whether it falls within the exception contemplated by
that article.
The rule o f the Roman Law was, that if several persons become sureties for
one and the same thing, every one o f them is answerable for the whole. Si
plures sint Jidejussores, quotquot erunt numero singuli, in solidum tenentur. The
benefit o f division was not ipso ju re, but might be demanded by a surety when
his co-surety was solvent. Inter jidejussores non ipso ju re deviditur obligatio ex
epistola D ivi Hadriana; el ideo si quis eorum ante exactum a se partem sine herede decessuit, vel ad inopiam pervenerit, pars ejus ad celererum onus respicit. Ut
autem is qui cum altero Jidejussit non solus convenialur, sed dividalur actio inter
eos qui solvenda sunt, ante c o n d e m n a t io n e m ex ordine poslulari s o l e t . (See the
text and notes o f Domat, Surety, Book iii., tit. iv., sec. 2.)
The French Code followed the Institutes and the Code of Justinian, not, how­
ever, without previous opposition on the part o f those jurisconsults who desired
to extend the rule o f the article 1202 to the contract o f suretyship, and require
an express undertaking to impose a liability in solido. That Code was thus made




M ercantile L a w Cases.

89

to harmonize with the Roman Law and the opinions o f Vinnius and Donnean,
which were adopted by Pothier. (See the history o f the law on this subject, as
given by Troplong, Caulinnnement, sec. 281 et seq. Pothier, Obi., sec. 416.) The
latter considers the principle of solidarity as inherent in, and derivable from, the
nature o f the contract. II est de la nature du cautiimnement de s'obliger a tout ce
que doit le debiteur principal; et par consequent chacun de ceux qui le caulionnement, est cense contracler cet engagement, a moins qu’il ne declare expressement qu'il
ne s’oblige que pour parlie; c'est la raison qu’en rapporte Vinnius. He then al­
ludes to the exception o f division accorded by the Emperor Hadrian, and says it
was adopted in the practice o f France.
Our Code has adopted this principle; and so far as our present inquiry is in­
volved, has substantially followed the law o f Rome and France. After quoting
articles 3018 and 3019, C. C., the Court proceeds:— “ The contract o f suretyship
under these provisions o f law is o f a mixed character. The obligation o f each
surety is to pay the whole debt, but this solidarity is tempered by the right o f
division. This right, however, rests in facullate. The surety has the right to de­
mand the division; but until the right is exercised, the obligation is solidary. In
the present case there has been no demand o f division by the sureties. They
were attacked by the plaintiff as debtors in solido, and pleaded the general issue.
The exception is a peremptory one, which must be pleaded specially; and this
has not been done in the court below, nor even in this court. Dividitur obligatio
inter plures fidejussores per exceptionem duntaxat, non ipso ju re. It is not an ex­
ception which can be supplied by the Court. It is obvious that it presents a
mixed question o f law and fact. Suppose that Lyons or Smith had pleaded the
exception o f diyision; the plaintiff might have met the plea by proving the insol­
vency o f the other surety.” (See Troplong, Caut. sec. 297, and the authorities
there cited. Merlin, Report., verro Caut. sec. 4, No. 2.)
The judgment below was therefore reversed, and judgment rendered against
Henry A. Lyons and Ira Smith in solido for the sum o f $2,200, with ten per cent
interest from April 4, 1843, and costs in both courts.

DECEPTION IN THE PURCHASE OF MERCHANDISE, AS TO ITS OWNER.
Where A. purchased merchandise in the shop o f B., and the former acted in such a way as to deceive
the public with regard to the ownership o f the property, and to entrap the sheriff who entered the
premises to make a levy in virtue of a fi. fa . against B., all the surrounding appearances being de­
ceitful and violently opposed to the naked assertion of the parties that A . was the owner, the selling
himself, acting as salesman, his sign remaining on the outside of the shop, the boxes and packages
marked with his name in full, or by his initials, the purchaser’s name appearing nowhere, and he
neglecting to exhibit his bill of sale or mercantile books to the sheriff, who, when sued for the value
o f the goods and damages for illegally seizing them as the property of B., brings them into Court
to abide the decision; held,, that the sheriff was properly decreed to restore the goods to A., reserv­
ing to him his right to sue the sheriff for whatever damages, if any, the goods may have sustained
while in custody.

In the Supreme Court o f Louisiana. New Orleans, March 26, 1849. James
P. McDonald is. John L. Lewis, Sheriff. No. 606. Appeal from the Third Dis­
trict Court o f New Orleans. (His Honor, Chief Justice Eustis, dissented from
the opinion o f the majority o f the judges. His opinion is given infra.) S l i d e l l ,
J., Justices Rost and King concurring. P er Curiam : The Court below was o f
opinion that the plaintiff had proved a bona fide purchase o f the goods from Tillotson. I do not feel entirely convinced upon that point; but I will give the
plaintiff the benefit o f the. District Judge’s opinion, and assume that the sale was
real and in good faith. But what are the facts, so far as the sheriff is concerned ?
This sale, it is said, was made on the 16th February, 1847, upon which day the
written bill o f sale purports to be signed. Tillotson, the vendor, an embarrassed
debtor, remains in the shop, acting as salesman, down to the time o f the seizure.
The sheriff’s deputy goes on the 9th April, 1847, to the shop, finds Tillotson there,
and demands payment o f the amount o f the execution. Tillotson tells him he
cannot pay. The officer replies, “ Then I must seize the goods here.” Tillotson
answers, “ They are not mine.” The officer retires, and in a little while returns,
and threatens again to seize. At the second visit, McDonald comes into the shop




90

M ercan tile L a w Cases.

while the officer is parleying with Tillotson. They both tell him Tillotson has
sold the goods to McDonald; but all the surrounding circumstances contradict
the naked assertion o f the parties. Tillotson’s sign is still on the outside o f the
shop; the boxes and packages are marked with his name either in full or by his
initials; McDonald’s name appears nowhere. The attorney o f the plaintiff in ex­
ecution insists that the alleged sale is a mere pretense, and that the officer should
proceed. The plaintiff not exhibiting his bill of sale, nor his books, and proffer­
ing nothing but his naked assertion, the officer seizes the goods and takes them
away, and then this action is brought. The plaintiff’s title is produced for the
first time at the trial of the cause, and then the sheriff brings the goods into
court, and says he is ready to deliver them immediately if the Court should so
direct.
It seems to me, if we hold the sheriff liable in this case as a trespasser, when
he was willing to restore the goods, it would be a great hardship upon the public
officer, and would be, in reality, enabling a party to take advantage o f his own
wrong. The plaintiff, even if he was a real purchaser, acted in such a way as to
deceive the public, and this deliberately, and for his own supposed interest.
When Tillotson’s clerk was obout leaving the shop, shortly after the sale, he
asked McDonald whether he was to erase Tillotson’s name from over the door.
McDonald replied “ that he would let it remain— that it would be of some ad­
vantage to him.” It seems to me such a course o f conduct should be dis­
couraged. It holds out the vendor in a false light to the public, and gives him a
false credit. In the case before us, it led the public officer into an error, the con­
sequences o f which the plaintiff now seeks to impose upon him.
I think the plaintiff was bound in good conscience to give the officer something
more than his naked assertion, thus violently opposed by all the surrounding ap­
pearances. W hy was not the bill o f sale shown, and the plaintiff’s books, upon
which he now relies ?
The position o f a sheriff is one o f great responsibility. If he refuses to make
a levy, and the plaintiff in the suit can show that the goods found in the posses­
sion o f the defendant in execution, were in truth his property, he is entitled to
recover his debt pro tanto from the sheriff. And it seems that in an action against
the sheriff for a false return o f “ nullabona,” it is sufficient to put the sheriff on
his defence, for the plaintiff to show that the defendant in execution was in pos­
session o f property sufficient to satisfy the execution. Magne vs. Lyman, 5 Wen­
dell, 311. I do not find any textual provision in our laws authorizing a sheriff to
demand a bond o f indemnity, and I have doubts whether he has a legal right to
do so. If, on the other hand, he is to be held liable as a wrong doer, for taking
property which the owner has been surrounded by deceitful appearences which
entrap the sheriff, his double responsibility becomes grievous to a degree that ap­
pears to me unreasonable. I think very great weight is to be given to what was
said in argument by counsel, respecting what is properly characterized by the
chief justice as a defect in our jurisprudence. At common law, when the sheriff
is met by the assertion o f an adverse title, he may impanel a jury to inquire in
whom the property is vested, and their return will excuse him in an action of
trespass. Bacon’s Abridg. verbo sheriff. Bailey vs. Bates, 8 Johnson, 143.
With us a sheriff has no such power, and ought not to be held with the same
severity, to a party whose conduct was imprudent, and well calculated to deceive
the officer.
If this case were tested by the rules and principles o f the common law, which
has been invoked in argument by the plaintiff’s counsel, I incline to the opinion
that the sheriff would be permitted to return the goods upon payment o f costs
and mere nominal damages. I question if the action o f trespass would lie in
such a case; for, to sustain that action, it seems the taking must be unjustifiable.
Hence it is declared, by respectable authority, that if a sheriff take the goods o f
A. under a writ o f ft. fa ., after he has committed an act o f bankruptcy, and after­
wards the goods are assigned under a commission o f bankruptcy, an action of
trespass does not lie against the officer, although the goods do by relation be­
come the property o f the assignees, from the time o f committing the act; for, as




M ercantile L a w Cases.

91

the officer might not know that A. had committed an act o f bankruptcy, or that
an assignment o f the goods would be made, and as it was his duty to execute
the writ, it would be unreasonable to punish him as a wrong doer. Bacon’s
Abridg. xerbo Trespass. So if A. mix his corn or money with the corn or money
o f B., so that they cannot be distinguished, and B. takes the whole, trespass does
not lie, as there was fault on the part o f A.— lb. And so I should think a party
would not be entitled to bring an action o f trespass against the sheriff who had
left his goods in the possession o f the defendant, in execution, in such manner as
to give him all the appearances o f ownership.
Then, if the taking was not unjustifiable, the plaintiff would be driven to an '•
action of trover; and 1 find it asserted by the same author, that in some cases in
that action, it is allowed to bring the thing into court. “ But herein,” he remarks,
“ this distinction is to be observed; if trover is brought for a specific chattel o f
an unascertained quantity and quality, and unattended with any circumstances
that may enhance the damages beyond the real value, but that its real and as­
certained value must be the sole measure o f damages, then the specific thing de­
manded may be brought into court. But where there is an uncertainty, either as
to the quality or quantity o f the thing demanded, or there is any tort accompany­
ing it, that may enhance the damage above the real value o f the thing, and there
is no rule whereby to estimate the additional value, there it shall not be brought
into court.” So in Browne on Actions, it is said, “ If the defendant return the
goods, the plaintiff -nail only recover such damages as he has actually sustained;
but he is, at all events, entitled to nominal damages, as the return o f the goods
does not cure the conversion, but merely goes in mitigation o f damages; and if
there be a dispute as to the quantity o f the goods converted, and the plaintiff re­
fuses to receive back the portion offered, the court will, upon application for that
purpose, stay the proceedings on delivery o f such portion o f the goods, and pay­
ment o f costs and damages; and if the plaintiff refuse to accept such terms, will
permit the defendant to deliver up the goods, the plaintiff to pay the costs in­
curred subsequently to such delivery, in the event o f his not recovering in re­
spect o f some other articles than those delivered up, or more than nominal dam­
ages in respect o f those delivered up.”— Browne on Actions; Trover, p. 425.
The power o f our courts cannot be less than that o f those o f common law to
mould the remedy to the justice o f the case.
T o these remarks I may add, that I am not prepared to say that there was
such a legal change o f possession as would perfect the sale against creditors,
even supposing the sale to be real and bona fide. See Hoffman xs. Clarke, 5
Wheaton, 549.
In that case, which was trespass against a constable, for taking a horse alleged
to belong to the plaintiff, by virtue o f an execution against A., the plaintiff’s
brother, it appeared in evidence that the horse had belonged to A., who testified
that he had sold him to the plaintiff before the execution, for a full price. An­
other witness, produced bv the plaintiff, testified that the plaintiff' and A. lived
together, and that after the sale, the plaintiff kept the horse in the same stable
in which A. had kept him. The court there said, the law, in order to make sales
o f personal property good against creditors, and to prevent them being deceived
by appearances, requires that there shall be an actual transfer o f the possession,
so far as the nature and condition o f the property will admit o f it. The circum­
stance o f the seller and buyer o f the horse boarding together in the same house,
furnishes no ground for dispensing with such actual change o f the possession as
will render it distinct and visible, so that it may become notorious. It was surely
practicable for the plaintiff to have taken possession o f the horse, by placing him
in a different stable, and either feeding and taking care o f him himself, or to have
procured some third person to have done so. So here the plaintiff might have
changed the sign, &c.
R ost, justice, and K ino, justice, being also o f opinion that the judgment should
stand, it is therefore decreed that the judgment o f the District Court be affirmed,
and the costs o f appeal be paid by the appellant. [The decree of the lower Court
was, “ That the plaintiff, James P. McDonald, recover from the defendant, John




92

Com m ercial Chronicle and R eview .

L. Lewis, sheriff, the goods described in the bill annexed to the plaintiff’s pe­
tition, reserving to said plaintiff his right to sue the said Lewis for whatever dam­
ages (if any) the said goods may have sustained from a want o f proper care and
attention, whilst in the possession o f said Lewis. It is further ordered that de­
fendant pay the costs o f suit,” ] Elmore & King for plaintiff and appellant;
John R. Grymes for defendant and appellee.

COMMERCIAL CHRONICLE AND REVIEW.
THE

EASY S T A T E

O r TH E

M O S E Y M A R K E T — Q U O T A T IO N S OF A M E R I C A S S T O C K S IN LO N D O N — E X F O R T S

OF T H E P O R T O F N E W Y O R K IN

1848-9—

IN F L U E N C E O F T H E F I R E A T S T . L O U IS A N D T H E C R E V A S S E A T

N E W O R L E A N S ON T H E M O N E Y M A R K E T — P A P E R M O N E Y T H E M E A N S O F T A X A T IO N F O R W A R E X P E N S E S
— C A U S E O F H U N G A R Y S U P P O R T E D W I T H P A P E R M O N E Y — C O N D IT IO N O F T H E B A N K S OF N E W O R L E A N S
— O P E R A T IO N S O F E X C H A N G E — C O N D IT IO N O F T H E B A N K S OF O H IO F R O M

1835 T O 1849—

C O M P A R A T IV E

C IR C U L A T IO N OF O H IO A N D N E W O R L E A N S B A N K S — O H IO S T O C K S IN LO N D O N A T P A R , E T C ., E T C .

S in c e the date o f our last number, money has become very abundant; so much
so, that it has found lenders “ at call,” on good security, at 4 per cent per annum.
The specie in the vaults o f the Atlantic banks has increased to an important
amount, while the receipts from California have, in some degree increased, reach­
ing $310,000 at the mint. The exports o f the country, both produce and stocks,
have been large, and exchanges indicate a continued balance in favor o f the city,
both from interior and abroad. The state o f Europe has been such, in its po­
litical aspect, as to impel capital towards those countries in which it is most se­
cure, and the demand for United States stocks, as well as for those o f the individual
States, in those markets in which, a few years since, they were regarded with
derision, is evidence at once o f their improved character, and o f shaken confidence
in the debts o f those governments then considered safe. In a former number, we
compiled the quotation o f stocks in the London market, according to the circulars
o f an eminent house. W e have brought down those prices, in order to show the
progressive advance:—
QUOTATIONS OF AMERICAN STOCKS IN LONDON---- BARING’S QUOTATIONS.

United States
6’s, 1868.

April
7___
July
7___
August
25___
September 22___
November 10___
«
17___
December 1___
“
14___
1849, January 26.
February
9___
March
9___
April
5___
May
11___
“
18___
June
1___

a
94 a 96
96 a 961
96 a
97 a 971
95 a 97
96 a
96 a 971
104 a 105
1051 a 1064
106 a 106-J1051 a 1061
1061 a 107
108 a 109
1101 a 111

New York Pennsylvania
5’s.
5’s, 1860.

89 a 91
89 a ..
90 a 91
. . a ..
88 a 89
90 a ..
91 a ..
92 a . .
95 a ..
95 a 96
. . a ..
94 a 95
94 a 95
95 a 96

63
634 a 66
65 a 66
66 a 68
66 a 67
65 a 66
66 a 67
67 a . .
70 a ..
711 a 721
73 a 95
76 a 77
78 a . .
78 a 79
79 a 80
79 a 80

Ohio
Massachusetts Louisiana
6’s, 1860. 5’s, sterling. 5’s, 1850.

85 a 871 92 a
76 a 80
85 a 87 96 a 98 80 a ..
90 a , . . . a , . ~~
87 a
96 a 98
88 a 89 94 a 951
89 a 90 93-^- a 941
90 a 91 94 a 96 85 a 86
91 a
96 a 97 86 a ..
93 a
98 a 99 87 a . .
94 a
101 a 102 86 a 87
96 a
103 a
87 a 88
.. a
102 a . . . .. a ..
97 a 99 1011a . . • 87 a ..
98 a 99 1011 a
. . a ..
99 a 100 101 a 102 88 a 90

This is an important rise in government stocks. The improvement, from the
close o f January to the close o f May, was 51 a 6 per cent, with an accumulation




Com m ercial Chronicle and R eview .

93

o f 4 months’ interest, showing an actual rise o f 4 i a 4 per cent in the stocks,
under an affected demand. In the other stocks, a material advance has also been
apparent. A marked example is offered in Pennsylvania 5’s, which have risen'
17 per cent in the year, and 9 per cent in four months, ending with May, or 7 per
cent in excess o f the accumulated dividend. Pennsylvania was the best known
o f the individual State stocks abroad, and was selected to bear the odium, which,
with more or less justice, attached to all those States which suspended their pay­
ments under the pressure o f the general revulsion. While Europe has been verging
to revolution, however, the United States, under the improved commercial and
financial policy o f the government, have been recovering; and it is a remarkable
fact, that on the day on which French 5’s sold on the Bourse at 80, Pennsylvania
5’s sold at 80 in London. The former has fallen, and the latter advanced nearly the
same figure within the year, to reach a common value in May, 1849. The State
stock is, however, redeemable in twenty years, and the price therefore affords a
bonus o f near 1 per cent per annum, while the French rentes must depend alto­
gether upon the chances o f the market for realization. The restored state o f
American credit, as indicated in these figures, has induced considerable remit­
tances in these stocks, and powerfully affected prices upon the New York stock
exchange, as is seen in the following quotations:—■
PRICES OF STOCKS IN NEW YORK.

,---------- ---------------------United States.------------------------------- %New York Ohio
5’s, 1853.
C’s, 1856. 6’s, 1862.
6’s, 1867. 6’s, 1868.
6’s.
6’s.
October 1848....... 93* a 93*103 a 103* 103* a 103f 104* a 105 105 a 105* 105 a 105* 100
January 22 ......... 99 a 99* 105 a 105* 107 a 107* 109 a 109* 109* a 109* 108 a 109 103
February 19.......... 98 a 98* 105 a 105* 107 a 107* 110* a 110* 111* a 111* 108 a 109
103*
«
28.......... 99*a .. 106 a 107 109* a 110 111* a 112 112* a 123 10S* a 109* 103*
March
12.......... 99 a 99* 104 a 105 107 a 109 110 a 111 112 a 112* 108 a 109 103*
April
12........... 97 a 97* 104 a 104* 107 a 107* 107* a 107* 110 a 110* 108 a . . . 103*
May
12.......... 99 a 100 106* a 106* 109* a 109* 112 a 112* 113* a 113* 105 a 106 106
June
12.......... 100 a 100* 107 a . . . 110 a 110* 115 a 115*-116 a 116* 111 a 111* 110

Kty
6’s.
97*
101
101*
102
102
102
103*
107*

The transfer books for United States stocks close on the 1st o f June, consequent­
ly, the quotations in that month are ex-dividend, and Treasnry notes which are always
sold without the interest, reached an equal price with the stocks in which they are
fundable. The Pennsylvania interest for August, will, by the terms o f the law
o f the last season, be paid in specie funds. The fact that these stocks are now
selling in London at increasing values, may, as is usual in such cases, increase
the disposition to invest in them, and, by so doing, continue to keep down ex­
changes for the operations o f the fall trade. These already manifest a disposi­
tion to rise, notwithstanding that the exports, at least from the port o f New York,
continue considerable. The business o f the port o f New York, for the present
year, thus far, has been as follow s:—
IMPORTS INTO THE PORT OF NEW YORK.

,- - - - - - - - - - - - - - 1848.- - - - - - - - - - - - - - - ,
January...
February .
M arch....
April........
May.........

Specie.
$48,032
49,502
22,781
65,719
133,922

Free.
Dutiable.
Total.
$480,829 $9,104,104 $9,032,965
141,539 9,500,859
9,757,900
2,199,749 5,971,601
8,194,131
475,314 6,689,716
7,180,947
1,283,754 5,087,278
6,504,952

,- - - - - - - - - - - - - - 1849.- - - - - - - - - - - - - - - N
Specie.
$57,700
21,323
130,895
638,746
1,137,932

Free.
Dutiable.
Total.
$285,117 $7,833,710 $8,416,947
590,849 8,257,786 8,564,226
1,401,500 7,938,478 8,650,214
2,192,798 5,808,658 8,639,703
887,180 5,778,628 7,804,740

T otal... $321,956 $4,581,185 $36,369,559 $41,770,885 $1,986,596 $5,257,444 $35,607,750 $42,075,825




94

Com m ercial Chronicle and R eview .
EXPORTS OF THE PORT OF NEW YORK.

/- - - - - - - - - - - - - - 18 48 .- - - - - - - - - - - - - - , ,- - - - - - - - - - - - - - 1849.- - - - - - - - - - - - - - ,
January...
February..
M a r c h ....
A p ril........
M a y .........
Total . . .

Specie.
$1,183,517
433,746
452,507
1,180,422
2,249,253

Foreign.
Free.
Dutiable. Domestic. Specie.
$4,475
$222,689 $2,456,615 $122,582
15,540
432,909
1,979,428
106,851
99,639
216,490 2,184,194
36,596
21,793
183,139
1,650,046
73,558
35,954
180,775 2,464,738 373,916

Foreign.
Free.
Dutiable. Domestic.
$29,923
$122,633 $2,109,903
42,554
308,824 2,190,649
63,303
269,287 2,687,806
45,713
77,383 3,737,018
63,499
488,492 3,946,768

$5,499,445 $177,422 $1,236,012 $10,735,931 $763,413 $244,992 $1,266,619 $14,672,145

This result gives a material increase in the export of domestic produce over the
corresponding period o f last year, and is mostly made up o f the hreadstuffs sent
to Great Britain, although prices there are lower than they have averaged for some
time. The ability o f the United States to send forward supplies, is evinced in
the continued exports thither, in face o f a growing harvest o f good promise, and
an accumulation o f grain on hand. The continuance o f an abundance o f money
in England, with the low price o f food, and fair expenditure of money upon rail­
roads, are elements o f a large consumption, not only o f produce, but o f cotton.
The influence o f a continued market abroad for considerable supplies o f farm pro­
duce, is favorable to the collection o f monies due the seaboard. That prompt
sale is found for the considerable receipts o f produce sustains the prices, and
realizes important sums available in the discharge o f debts, and these have been
reasonably well collected, nothwithstanding the many calamities that have befallen
various sections o f the country— the fire at St. Louis, the crevasse at New Or­
leans, the steamboat disasters, and storms that have produced local distress, while
the paralizing influence o f all-pervading cholera, has aided in checking enterprise.
Under payments from the interior, receipts from California and importations
from Europe, money has accumulated to a very considerable extent in the last
four weeks in the Atlantic States, and without promoting much desire to specu­
late. The absence o f that spirit of enterprise which always manifests itself in the
United States when money is to be had, may be ascribed to the influence o f the
political state o f Europe, as well as to the prevailing epidemic here. The pros­
pect o f an European war has strengthened with the growing power of the Hun­
garian people, manifesting itself in successes which have aroused the Russian
government, and induced more than one German sovereign to rally upon the
Muscovite columns, as the emancipated people of western Europe assemble be­
hind the glorious standard of Hungarian independence. A long and desperate strug­
gle, between popular government on one hand, and aristocratic pretensions on the
other, has apparently become inevitable, and the consequences may be the rapid
aggrandizement o f the American Union. As the British armies in the Peninsula, in
1808-10, depended upon American ships for food, so may now convulsed Europe
find in our merchant marine the only means o f keeping up ocean intercourse. The
lessons o f the past are sufficient to command such respect for the American flag, as
will preserve its neutrality undisturbed; and while capital emigrates to our tranquil
shores, the seas must be opened to a more extended commerce. If the disturbed
industry o f Europe produces less wealth to compete with American productions,
the same causes may create a larger demand for the exports of the Union. If the
people o f Europe are compelled, in defence o f their rights, to devastate as soldiers,
the fields they were wont to cultivate as farmers, they must nevertheless be fe d ;




Com m ercial Chronicle and R eview .

95

and hoards o f Russian gold may be disgorged to sustain the coalition o f legitimate
princes. That paper money will again become the means o f taxation for war ex­
penses, will doubtless he the case. Already the popular cause in Hungary is sup­
plied with Hungarian paper, and the final acts o f the French Assembly were to
remove some $30,000,000 o f taxes, and to supply the deficit with Treasury paper.
The consequences o f paper issues must necessarily he the same as heretofore, but
as a means o f levying wnr taxes, it is powerful and efficient at first, although a
means o f weakness in the end. The practical effect upon a large scale will ne­
cessarily he to promote the export of the precious metals to the United States,
both as a remittance for emigrating capital, and in pa)'ment o f produce purchased.
There has been, on the part o f the banks o f the interior, a constant tendency
to expansion o f credits, which tendency has been supported by the favorable state
o f the foreign exchanges. As an indication o f this, we may compare the returns
o f the banks o f two States, namely, at New Orleans, where the vast volume o f
the produce of the Mississippi valley descends upon tide water, and in Ohio, which
is one o f the largest producing States, and in which banking has by law the pres­
ent operation. The following are the leading features of the New Orleans
banks:—
BANKS OF NEW ORLEANS.

Discounts. Exchange. Cash assets.

Years.

Ap’l, 1848...
July, 1848...
Aug., 1848...
Sept., 1848...
Jan., 1849...
June, 1849...

7,010,616
6,232,539
6,401,246
7,113,863
9,335,680
8,309,938

5,536,687
3,005,193
2,327,393
1,869,812
2,539,950
6,049,623

Specie.

Circulation. Deposits.

383,175 7,205,136 4,770,275
377,806 7,590,655 8,963,689
377,806 7,597,375 3,866,734
383,744 7,633,801 3,640,928
373,926 8,153,450 4,165,072
366,176 7,353,527 5,380,027

Due banks.

7,618,599 53,760
7,320,079 252,279
7,020,491 58,182
7,057,372 58,263
8,368,549 1,640,199
8,511,231 1,635,264

The operations in exchange swelling in amount as the crops go forward in the
greatest volume, and deviating as the season draws to a close, are the most
marked and important features o f the banks; and the amount held by the banks
unsold was this year larger than at the same time last year. The increase in de­
posits and circulation over last year reached near $2,000,000, a sum which appears
to have been applied to an increase o f discounts. The circulation o f the hanks is
far within the line o f the specie, and as far as actual money goes, the operation o f
the hanks appear to he to diminish its volume outstanding. Thus, if the hanks
were to pay out all their specie for circulation and deposit, the amount o f money
in the hands o f the community would be $2,000,000 greater than it is; or, in other
words, the banks of New Orleans draw from business a larger amount o f specie
than does the assistant treasury at New York. The aggregate discounts o f the
banks in notes and exchange appears, however, to be $5,000,000 higher than last
year, and may be justified by the enhanced exports and improved prices o f pro­
duce. In Ohio, the bank operation has been as follow s:—
BANKS OF OHIO.

Years.

January,
“
May,
June,
April,
January,
“

No. b’ks,. Capital.

1835
1836
1837'
1838
1839
1841
1844

24 15,819,692
8,369,744
31
32 11,311,613
33 10,299,165
33 10,153,806
26
8,103,243
8
2,567,176




Loans.

Specie.

$9,751,973 $1,707,835
17,079,714
2,924,906
19,505,662
2,311,614
15,880,908
2,994,955
16,520,360
2,616,814
9,878,328
1,052,767
778,348
2,845,315

Circulation.

Deposits.

$5,221,520
9,675,644
7,697,261
6,885,263
8,157,871
3,584,341
2,234,420

$2,090,065
6,125,914
6,503,360
3,709,869
2,680,604
1,938,682
602,377

96

Com m ercial Chronicle and R eview .
BANKS OF OHIO---- CONTINUED.

Years.

February,
May,
August,
February,
May,
August,
February,
May,

No. b’ks.

1846
1847
1847
1848
1848
1848
1849
1849

Capital.

31 $3,848,919
39
5,078,229
41
6,430,176
48
6,056,357
48
6,214,386
48
6,424,055
54
6,584,220
56
6,914,943

Loans.

$7,791,789
10,936,661
12,130,286
12.452.665
12,724,030
12,128,312
14.912.665
14,981,133

Specie.

Circulation.

$1,374,593 $4,505,891
7,281,029
2,026,551
7,771,769
2,323,639
8,647,327
2,664,547
8,005,212
2,681,474
7,931,366
2,732,338
9,491,037
8,155,362
9,251,259
3,026,374

Deposits.

$2,682,221
3,356,837
4,170,824
4,545,081
4,767,803
4,199,429
4,567,783
4,330,233

The unsound condition o f the banks in 1838 and 1839, became manifest, when,
in 1843-44, resumption o f specie payments became necessary. Under that severe
test, only eight institutions survived. O f those eight, three have since failed,
under disgraceful circumstances. Under the law of 1845, two new' systems o f
banking were devised, and their effect seems to have been, by a parade of sham se­
curity, to engender public confidence in institutions which are far from deserving o f
it, and these multiply with the rapidity manifest in the table. The bank circulation
in Ohio is now nearly double that o f the New Orleans banks, and it exceeds the
safe rule recognized by paper money bankers, as a basis for a circulation, viz., three
to one o f specie. While the circulation o f the New Orleans banks is as 1 to 1^ o f
specie, that o f the Ohio banks is as 4 J- to 1^ specie. In the case o f the New Orleans
banks, moreover, the money is loaned upon accredited bills o f exchange, which are
themselves money, forming the currency by which international commerce is con­
ducted. In Ohio, the tendency is rather to discount notes, for goods purchased and
sold upon credits, which are gradually extending and becoming more hazardous.
Adverse exchanges must be fatal to such a volume o f credits. Up to this time, the
course o f the foreign markets is favorable to a continued health o f the exchanges; but
the above table admonishes that the repletion o f bank credits in Ohio, is already
producing its legitimate results, in diminishing the specie in the bank vaults. For
the first time since the new banks commenced operation in 1846, the return o f specie
shows a lessened sum on hand, while exchanges are still in favor o f the east.
The tendency o f the inflation, is to prevent Ohio from selling produce on as
good terms as Michigan, Illinois, or Iowa, where the banks do not, comparatively,
exist. A check given to Ohio exports, will enhance the difficulty o f collecting
bank debts, at a moment when the demands upon them for specie will be the
most urgent It is, however, to be remembered that the foreign demand for
stocks embraces those o f Ohio which now sell at par in London, whence, in the
last few years, they have been remitted to this country. This opens a profitable
outlet for considerable quantities o f Ohio stocks, o f which the banks in question
have some $2,000,000, as security for circulation, and which has considerably ad­
vanced in value, since they purchased it. The probabilities are, that the multi­
plication o f corporate capital in many o f the States, will progress rapidly in the
coming year.




97

Com m ercial S tatistics.

COMMERCIAL STATISTICS.
IM P O R T S OF FO RE IGN M ER CH AN DISE INTO T H E U N ITE D S T A T E S .
A SUMMARY STATEMENT OF THE QUANTITY AND VALUE OF GOODS, WARES, AND MERCHANDISE,
IMPORTED INTO THE UNITED STATES FROM JULY 1, 1 8 4 7 , TO JULY 1, 1 8 4 8 , DERIVED FROM
THE LAST ANNUAL REPORT OF THE SECRETARY OF THE TREASURY ON COMMERCE AND NAV­
IGATION.
f ree of d u t y .
Quantity.
Value.
A n im a ls fo r b r e e d ..............................................................................
......................
$ 5 3 ,4 3 2
B u llio n , g o l d ...........................................................................................
5 6 ,8 8 2
“
s ilv e r ..............................................................................................................................
8 9 2 ,9 3 9
S p e c i e , g o l d .............................................................................................
3 ,3 5 1 ,8 7 3
“
s i l v e r ..........................................................................................
......................
2 ,5 5 8 ,5 9 0
C a b in e ts o f co in s , m e d a ls , <fcc., <fcc.............................................
......................
92
M o d e ls o f in v e n t io n s a n d i m p r o v e m e n t s in t h e a r t s . . .
......................
3 6 ,7 9 9
T e a s . .................................................................................................. lb s .
2 3 ,5 9 7 ,7 0 2
6 ,2 1 7 ,1 1 1
C o ffe e ..........................................................................................................
1 5 0 ,5 5 9 ,1 3 8
8 ,1 9 9 ,1 2 9
C o p p e r , in p la t e s s u it e d t o t h e s h e a th in g o f s h ip s ..........
8 3 1 ,8 4 8
“
o r e .............................................................................................
1 5 8 ,3 0 2
C o t t o n , u n m a n u fa c t u r e d ...................................................................
3 1 7 ,7 4 2
6 ,8 1 4
A d h e s iv e fe lt , f o r s h e a t h in g v e s s e l s ........................................
......................
7 ,3 2 8
P a in t in g s a n d s ta tu a r y , o f A m e r i c a n a rtists, &c..............
................... ..
6 7 ,8 2 2
S p e c im e n s o f n a t u r a l h is t o r y , ifcc...............................................
9 ,1 4 3
S h e a th in g m e t a l ....................................................................................
2 2 6 ,0 1 4
P la tin a , u n m a n u fa c t u r e d ..................................................................
1 2 ,7 7 8
P la s t e r , u n g r o u n d .................................................................................
6 1 ,1 9 4
W e a r i n g a p p a r e l, <fcc.........................................................................
6 5 ,1 1 1
P e r s o n a l e ffe c t s o f c it iz e n s d y i n g a b r o a d ..............................
......................
2 6 ,8 1 9
O ld j u n k ....................................................................................................
1 6 ,6 0 5
.............., . .
5 ,2 3 7
O a k u m .......................................................................................................
G a r d e n s e e d s , tr e e s , s h ru b s , p la n t s , <fec...................................
......................
8 3 ,1 2 5
P r o d u c e o f t h e U n it e d S t a t e s b r o u g h t b a c k ......................
......................
1 8 7 ,1 1 7
G u a n o ............................ .................................................................... to n s
1 ,0 1 3
2 0 ,8 3 9
A l l o t h e r a r tic le s .............................
6 3 ,6 6 0

Total....................................................................................................
paving duties.

Quantity.

$22,716,603
Value.

Manufactures o f wool—■
Cloths and cassimeres.............................................. - .
Merino shawls of w ool..................................................
Blankets...........................................................................
Hosiery and articles made on frames..........................
Worsted stuff goods......................................................
Woolen and worsted ya m ............................................
“
“
articles embroidered, <fcc..........
Manufactures not specified..........................................
Flannels........................................................ , . . .yards
Baizes.............................. ........................................... i .

.................
.................

............. . .
.................
220,866
293,255

$6,364,145
1,357,129
1,146,587
731,009
3,858,416
143,407
18,856
771,252
88,909
117,986

Carpeting—
Wilton, Saxony, and Ambusson...................................
Brussels, Turkey, and treble ingrained.......................
Venetian and other ingrained.......................................
Not specified...................................................................

110,240
510,913
74,175

110,275
485,190
38,895
8,827

Manufactures o f cotton—
Printed, stained, or colored...........................................
White or uncolored........................................................
Tamboured or embroidered..........................................
Velvets, wholly o f cotton.............................................
Cotton and silk...............................................................
VOL. XXI.— NO. I.
7




.................

12,490,501
2,487,256
495,57 6
189,029
28,942

98

Com m ercial S ta tistics.

paying doties.
Cords, gimps, and galloons...........................................
Hosiery and articles made on frames.........................
Twist, yarn, and thread................................................
Hatters’ plush, of silk and cotton................................
Manufactures of, not specified......................................

Quantity.
- .................
.................
.................
.................
.................

Value.
$175,090
1,383,871
727,422
5,015
438,887

Manufactures o f silk—
Piece goods.....................................................................
Hosiery and articles made on frames.........................
Sewing silk......................................................................
Articles tamboured or embroidered............................
Hats and bonnets...........................................................
Manufactures not specified............................................
Floss...................................................
Haw........................
Bolting cloths..................................................................
Silk and worsted goods......................................................
Camlets of goats’ hair or mohair.....................................

.................

.................

10,762,801
427,703
561,027
1,026,235
59,866
1,640,343
14,204
340,769
65,659
2,456,652
54,704

Manufactures o f fa x —
Linens bleached and unbleached.................................
Hosiery and articles made on frames.........................
Articles tamboured or embroidered................... . . . .
Manufactures not specified..........................................

..................
.................

6,012,197
1,998
21,018
589,435

Manufactures o f hemp—
Sheeting, brown and white...........................................
Ticklenburgs,'osnaburgs, <ic........................................
Articles not specified....................................................
Sail duck, Russia..
........................................pieces
“
Holland........................................................
Ravens duck..................................................................
Cotton bagging........................................................ yards

19,189
8,626
29,613
298,918

49,546
195,157
105,329
109,127
44,759
126,632
27,525

Clothing—
Ready made....................................................................
Articles of wear.............................................................

98,283
553,939

Laces—
Thread and insertings.....................................................
Cotton insertings, trimmings, laces, <Sic.......................
Floorcloth— patent, painted, <fec.............................. yards
Oil cloth of all kinds... . ..................................................
Hair cloth and hair seating..............................................
Hastings and mohair cloth, for shoes, <fcc.........................
Gunny cloth....................................................................... *
Matting, Chinese, and other, o f flags, (fee.......................

.................
24,171
37,713
.................
.................
.................
.................

263,859
716,552
7,351
25,637
150,442
143,360
87,070
104,643

Hats, caps, bonnets, <kc—
Of Leghorn, straw, chip, or grass......................... ..
Of palm-leaf rattan, willow, (fee...................................

.................

982,923
108,701

Manufactures o f iron and steel—
Muskets and rifles...................................................... Ho.
Fire-arms not specified..................................................
Side-arms.........................................................................
Drawing and cutting knives.........................................
Hatchets, axes, and adzes.............................................
Socket chisels..................................................................
Steel-yards and scale-beams.........................................
V ice s...............................................................................
Sickles and reaping-hooks............................................
Scythes...................................................................... / . .
Wood screws...................................................................
Sad-irons, tailors’ irons, and hatters’ irons..............lbs.
Spades and shovels.........................................................
Squares............................................................................
Needles, sewing, darning, and other............................
Cast iron butts and hinges............................................




11

.................
56,332

75
302,269
5,645
21,343
4,043
12,163
13,602
37,415
2,481
29,823
756
1,429
6,629
4,381
218,330
21,000

Com m ercial S ta tistics.
paying duties.
Cutfery not specified.................................................
Other manufactures of, not specified.......... '............
Bonnet wire................................................................
Wire not aboveNo. 14................................................
“ above No. 14..................................................
Tacks above, and not above 16ounces per 1,000____
Nails...........................................................................
Spikes.........................................................................
Chain cables...............................................................
Mill, cross-cut, and pit-saws................................... No.
Anchors, and parts thereof.....................................lbs.
Anvils, and parts thereof...........................................
Smiths’ hammers and sledges...................................
Castings—vessels of...................................................
“
all other....................................................
Round or square braziers’ rods................................
Nail or spike rods, slit, rolled, <fcc.............................
Band or scroll, slit, rolled, <kc....................................
Hoop iron..................................................................
Sheet iron...................................................................
I’ig iron................................................................. cwt
Old and scrap............................................................
Bar, manufactured by rolling.....................................
“
“
otherwise.....................................
Steel—
Cast, shear, and German............................................
All other....................................................................
Copper, and manufactures o f copper—
In pigs, bars, and old.......................
Wire..................................................
Braziers’. ...........................................
Copper bottoms.................................
Manufactures of, not specified.........
Rods and bolts..................................
.lbs.
Nails and spikes................................
Brass, and manufactures o f brass—
In pigs, bars, and old........................
Wire............ ......................................
Screws..............................................
Sheet and rolled...............................
Manufactures of, not specified.........
Tin, and manufactures o f tin—
In pigs and bars...............................
In plates and sheets.........................
Foil...................................................
Manufactures of, not specified.........
Bead, and manufactures o f lead—
Pig, bar, sheet, and old..............................................
Shot...........................................................................
Manufactures of, not specified.............
Pewter—
Old........................................................
Manufactures o f ...................................
Manufactures o f gold and silver—
Laces, galloons, tresses, tassels, &c. . . .
Epaulets and wings..............................
Gold and silver leaf..............................
Jewelry, real, or imitations of..............
Gems, diamonds, pearls, <fcc., set..........
“
“
otherwise.
Manufactures of, not specified..............
Glaziers’ diamonds...................................




Quantity.
................
................
509,979
758,954
76,721
547
1,347,793
9,451
9,331,452
7,077
948,493
1,911,991
96,778
467,575
454,222
541,597
564,795
603,548
4,081,637
17,718,530
1,032,641
132,600
1,631,786
403,127

§1,146,843
3,590,172
25,047
38,006
6,079
124
88,390
444
369,574
8,016
42,449
117,606
5.288
15,665
16,798
13,296
4,734
16,720
104,641*
625,31.1
815,415
140,037
3,679,598
975,214

112,055
24,574

1,061,560
223,377

678
1,844

702,907
1,226
35
14,229
137,993
97
477

Value.

*24,191
10,801
840
223
163,864
438,520
1,586,754
13,010
25,166
324,905
980

6.288
50
854
227
1,989
34,334
3,739
1,183
162,596
7,283
123,065
61,326
206

100

Com m ercial S ta tistics.
p a y in g d u t i e s .

Quantity.

Clocks...........................................................................
Chronometers.................................................................
Watches, and parts of...................................................
Metallic pens..................................................................
Square wire, for umbrella stretchers............................
Pins, in packs and otherwise.........................................
Buttons—
Metal.........................................................................
All other buttons and button moulds..................... •;
Glass—
Silvered, and in frames..............................................
Paintings on glass, porcelain, and colored.................
Polished plate............................................................
Manufactures of, not specified...................................
Cut.............................................................................
Plain...........................................................................
Watch crystals..................................................gross
Glasses or pebbles, for spectacles.............................
Apothecaries’ vials, N by A, 16 ounces each............
Perfumery and fancy vials, If by A, 16 ounces each.
Bottles, not above two quarts...................................
Demijohns............................................................. No.
Window glass, not above 8 by 10 inches___ sq. feet
“
“
“
10 by 12 inches..................
“
“
above 10 by 12 inches...................
Paper, and manufactures o f—
Antiquarian, imperial, super-royal, <fcc.......................
Medium, cap, demy, and other writing........................
Folio and quarto post...................................................

..............

Value.

..............
..............
..............
..............

$$7,488
16,505
1,733,221
61,566
37,728
30,363

..............
..............

42,468
343,425

..............
..............
..............
..............
..............
..............
3,249
1,108
1,268
104
13,793
60,960
990,325
1,461,527
482,039

359,130
22,370
212,267
95,507
70,557
37.808
9,874
4,363
2,415
167
52,075
14,942
58,130
71,406
31,491

.................
.................
.................

4,975
57,857
82,338
33,704
579
6,393
77
1,825
22,129
85,620
72,784
45,051
2,336

Bank and bank note paper........................................

................

Binders’ boards, box, pressing, &c..............................
Copperplate printing and drawing..............................
Sheathing paper.............................................................

.................
.................
.................

Playing cards...................................................packs
Paper mache, articles and wares of..........................
“ boxes and fancy boxes....................................
“ hangings..........................................................
“
and manufactures of, not specified.................
Blank books...............................................................
Books, printed—

7,731
................
................
................
................
.......... .....

914
4.808
315,102
144,068
6,081
1,894

In Hebrew................. ...............................
Latin and Greek................................
English.................................................
Other languages..................................
Periodicals and illustrated newspapers.
“
other works..................

Leather—
Tanned, bend, and sole..........................
“
and dressed upper leather......
Skins, tanned and dressed......................
“
“
not dressed.....................
Skivers......................................................

....lbs.
..........
.dozens
..........
..........

18,612
70,975
37,667
1,105
18,524

5,491
26,005
295,605
4,596
84,272

.. .pair
..........
..........
dozens

6,882
7,858
1,594
196,016

21,253
6,041
3,160
794,076
149,993

Manufactures o f—
Boots and bootees, for men and women.
Shoes and pumps, for men and women.
Boots, bootees, and shoes, for children..
Gloves, for men, women, and children..
Manufactures of, not specified...............

Wares—
China, porcelain, earthen, and stone
Plated or gilt...........................................
Japanned..................................................




2,332,996
192,934
61,885

101

Com m ercial Statistics.
paying duties.
Britannia....................................................................
Wedgewood..............................................................
Silver or plated metal..................................................
“
“
wire....................................................
Saddlery—
Common, tinned or japanned.....................................
Plated, brass, or polished steel.................................
Furs—
Undressed, on the skin..............................................
Hatters’ furs, dressed or undressed...........................
Dressed, on the skin..................................................
Hats, caps, muffs, and tippets...................................
Manufactures of, not specified...................................
Manufactures o f wood—
Cabinet and household furniture...............................
Cedar, mahogany, rose, and satin.............................
Other manufactures o f ...............................................
Unmanufactured—
Cedar, grenadilla, mahogany, rose, and satin............
Fire wood, and other, not specified...........................
Dye wood, in sticks....................................................
Bark o f the cork tree—
Corks..........................................................................
Unmanufactured........................................................
Marble—
Manufactures of..........................................................
Unmanufactured........................................................
Quicksilver....................................................................
Brushes and brooms......................................................
Black lead pencils..........................................................
Slates of all kinds........................................................
Raw hides and skins......................................................
Manufactured articles—
Boots and bootees, of silk or satin..................... pairs
Shoes and slippers, of silk or satin............................
“
“
of prunella lasting, <kc...............
“
“
of India rubber..........................
Grass cloth.................................................................
Gunny bags................................................................
Umbrellas, parasols, <fcc., of silk...............................
“
all other...................................................
Flaxseed or linseed................................................. bush.
Angora, Thibet, and other goats'hair or mohair. . . lbs.
W o o l....................
Wines, in casks—
Burgundy....................
galls.
Madeira......................................................................
Sherry and St. Lucar................................................
Port............................................................................
Claret.........................................................................
Teneriffe and other Canary........................................
Fayal and other Azores.............................................
Sicily and other Mediterranean................................
Austria, and other, of Germany...............................
Bed wines, not enumerated.......................................
White wines, not enumerated...................................
Wines, in bottles—
Burgundy...........................................................dozen
Champagne................................................................
Madeira......................................................................
Sherry.......................................................................
Port...........................................................................




Quantity.
................
................

Value.
$11,479
252
1,712
595

................
................

132,712
178,067

................
............ ...

................
..............

221,246
222,712
99,986
12,883
9,951
40,287
23,927
115,108
370,656
168,434
428,145
101,832
13,926
23,318
46,680
3,060
122,080
26,958
216,497
4,262,069

102
636
112
852,350

................
318,595
18,794
11,381,429

128
436
101
70,982
27,426
292,138
39,109
286
214,900
7,481
857,034

6,987
44,634
215,935
501,123
1,227,071
42,944
25,523
190,294
3,632
781,073
840,687

1,716
21,630
109,983
170,134
221,416
14,087
5,816
67,364
1,998
180,928
193,358

319
48,390
348
312
1,151

2,181
288,256
1,916
1,379
4,141

102

Com m ercial S ta tistics.
Quantity.

P A T IN O D U T IE S .

Claret............................................
All other.......................................
Foreign distilled spirits—
Brandy ..........................................
From grain...................................
Other materials...................
Cordials.........................................
Beer, ale, and porter—
In casks........................................
Bottles.....................................
Vinegar.............................................
Molasses............................................
Oil and bone, o f foreign fisheries—
Whale and other fish...................
Whalebone....................................
Oil—
Olive, in casks................................
Castor.............................................
Linseed ........................................
Rapeseed.......................................
IVeatsfoot and other animal...........
Tea....................................................
Coffee................................................
Chocolate...........................................
Cocoa.................................................
Sugat—
Brown.............................................
White, clayed, or powdered.........
Loaf and other, refined................
Candy............................................
Syrup of sugar cane......................
Fruits—
Almonds.......................................
Currants........................................
Prunes and plums........................
F igs..............................................
Dates.............................................
Raisins..........................................
Ruts..............................................
Spices—
Mace..............................................
Nutmegs........................................
Cinnamon........................................
Cloves.............................................
Pepper, black................................
“
red....................................
Pimento.........................................
Cassia............................................
Ginger, in root............................... .
Camphor—
Crude..............................................
Refined..........................................
Candles—
Wax and spermaceti......................
Tallow............................................
Cheese.............................................. .
Soap, other than perfumed................
Tallow.................... ............................
Starch.................................................
Pearl barley........................................
Butter................................................
L ard...................................................




.galls.

........ '

•galls.

Value.

44,901
15,009

$109,638
38,068

1,310,111
616,683
228,611
24,953

1,135,089
321,493
15,943
24,641

52,846
119,262
28,246
33,640,281

32,463
91,342
6,031
3,435,103

84,011
11

16,863
36

89,112
1,028
1,036,111
92
169
65,261
812,981
6,144
1,998,328

63,188
551
484,101
41
10
8,368
50,868
1,058
§6,019

248,201,111
6,801,008
2,121,628
8,411
6,631

8,963,654
341,052
169.111
889
885

2,531,230
2,441,154
303,168
2,358,101
180,019
15,046,285
4,290,213

190,291
111.111
26,382
96,203
14,046
582,540
131,158

22,204
395,856
23,201
365,164
3,519,300
102,312
2,209,351
981,151
2,006,521

15,361
205,105
13,190
45,531
136,436
8,004
130,440
83,111
14,252

452,212
551

52,224
159

1,195
86
139,498
1,030,245
38,413
11,063
1,351
104,193
8,100

521
10

14,843
61,162

2,021

804
202

9,119
115

103

Com m ercial S ta tistics.
P A Y IN G D U T IE S .

Beef and pork...................................
Hams and other bacon.....................
Bristles.............................................
Saltpetre—
Crude............................................
Refined, or partly refined............
Indigo................................................
Woad or pastel.................................
Ivory and bone, black.....................
Opium................................................
Glue..................................................
Gunpowder.......................................
Alum.................................................
Copperas...........................................
Sulphate of quinine........................... .....................ozs.
Oil of vitriol........................................................... lbs.
Chloride of lime or bleaching powder..........................
Soda ash.........................................................................
Sulphate of barytes......................................................
Tobacco—
U nmanufactured.........................................................
Snuff...........................................................................
Cigars.........................................................................
Other manufactured...................................................
Paints•»—
Dry ochre...................................................................
Ochre in oil................................................................
Red and white lead...................................................
Whiting and Paris white...........................................
Litharge..........................................................................
Sugar of lead................................................................
Cordage—
Tarred and cables......................................................
Untarred.....................................................................
Twine.............................................................................
Seines.............................................................................
Hemp, unmanufactured.......................................... cwt.
Manilla, sun, and other hemp of India.........................
Jute, sisal, grass, coir, &c..............................................
Cordilla, or tow of hemp or flax...................................
Flax, unmanufactured.....................................................
Rags of all kinds..................................................... lbs.
Salt........................................................................ bush.
Coal......................................................................... tons
Coke or culm ........................................................bush.
Breadstuff's—
Wheat.. . . .
Barley.___
R y e ...........

Oats..........
Wheat flour..........................................................cwt.
Oat meal....................................................................
Potatoes..............................................................bush
Fish—
Dried or smoked..................................................cwt.
Salmon................................................................ bbls.
Mackerel.....................................................................
Herrings and shad
All other..............
Total




Quantity.
43,530
18,135
485,661

Value.
$2,688
2,769
175,025

14,491,231
11,458
1,534,244
40,338
64,436
56,914
97,028
1,210
151,125
670,169
33,561
102
4,160,408
28,979,499
404,247

563,744
671
961,849
1,774
1,689
129,279
8,586
583
2,494
4,993
45,005
18
133,058
575,024
3,276

3,600,811
1,659
1,389,507
13,300

415,727
320
1,360,468
1,721

2,550,450
24,378
298,387
166,785
2,125
37,982

29,299
331
15,228
3,838
105
2,031

3,138,920
287,874
304,712
2,492
27,157
79,136
80,954
245
9,004
17,014,587
8,969,604
196,251
288

223,904
15,622
41,575
502
187,905
342,445
379,339
1,512
102,261
626,607
1,042,502
461,140
29

234,133
5,145
72
7,874
54,318
553
33,675

194,415
1,809
36
1,838
163,424
1,363
14,385

51,826
7,633
122,594
8,902
14,442

127,799
80,944
535,128
24,566
47,208
$123,364,890

104

Com m ercial S ta tistics.

In American
vessels.

...........................
...........................
...........................
...........................
...........................
...........................

In Foreign
vessels.
$384,854
142,267
86,504
646,470
5,581
298,110
63,091

Total;
$2,052,111
1,313,834
568,374
2,971,149
137,823
1,693,097
180,047

Total...............................

$1,626,877

$8,916,435

At 6 per cent...........................
10
15
20
25
30
40

“
. “
“
“
“
“

IMPORTS AND EXPORTS OF THE GERMAN ZOLLVEREIN.
IMPORT AND EXPORT OF THE PRINCIPAL ARTICLES IN THE ZOLLVEREIN IN
IM P O R T S .

1841i.
Cotton, raw................................
Cotton yam, unbleached.............
“
warps. ..................
“
thread ....................
Cotton wares..............................
Iron, pig......................................
“ in bars, half square inch & above
“
“
below half square inch..
“ manufactured.....................
Iron wares, cast, lowest quality. . . . . . .
“
of forged and cast iron, low
quality.................
“
of forged and cast iroi:i, best
quality..................
Linen yarn, raw...........................
“
bleached or colored.,
“
thread...................
Linen wares, sails........................
“
raw linen...............
“
bleached, printed, and colored..................
Spices—galgant, ginger, cardamons...
“
pepper and pimento.......
“
cinnamon and cassia... . .
Herrings.......................................
Cocoa..........................................
Rice..............................................
Syrup ..........................................
Tobacco, unwrought.....................
“
manufactured................
“
segars............................
“
snuff...............................
Tea...............................................
Sugar, refined...............................
Silk, raw.......................................
“ colored.................................
“
“
thread.......................
Silk wares.....................................
“
mixed...........................
Wool, sheep, raw.........................
Woolen yarn, unbleached.............
“
thread.....................
Woolen wares, duty $50 per cwt.
“
“ $30
“
.
“
carpets................
Indigo............................................




. . •

1846 AND 1847.
EXPORTS.

1847.

1846.

1847.

352,740
582,516
47,837
4,029
9,853
1,577,716
1,025,087
12,206
74,735
43,794

391,151
305,436
30,340
3,987
8,897
2,298,705
1,044,818
19;585
116,460
43,671

32,579
11,158
1,151
42,504
70,156
82,788
48,108
7,707
5,511
49,835

114,545
10,167
373
33,521
89,551
25,859
42,852
2,321
1,576
59,352

42,160

43,206

97,201

115,657

3,715
62,100
8,711
9,714
7,681
24,389

3,864
37,839
3,748
6,929
11,375
21,906

20,605
28,132
896
269
35,642
10,152

21,975
21,569
2,291
267
47,540
14,037

1,710
6,653
38,809
7,781
818,896
11,091
195,839
904
292,650
14,939
24,426
103
4,546
2,223
1,358,809
' 13^549
310
1,609
2,899
3,145
149,677
33,837
8,847
7,323
17,314
417
28,809

731
6,728
34,122
7,722
281,096
11,736
664,368
453
319,757
13,127
26,580
137
4,793
2,513
1,410,899
' 15^169
325
1,689
2,281
3,688
152,577
43,243
7,893
4,558
12,691
355
25,068

62,266
198
389
263
53,469
10
113
1,635
19,354
28,845
3,671
10,976
1,751
160,251

60,064
147
272
203
6,162
295
6,277
15,946
18,328
26,770
3,038
11,202
1,653
111,855

1,108
235
126
6,798
5,505
137,903
9,833
5,512
10,431
71,007
580
5,263

1,620
521
234
7,981
8,890
122,335
6,319
4,206
14,241
74,689
689
5,353

M iscellaneous S tatistics.

105

MISCELLANEOUS STATISTICS.
STATISTICS OF THE PUBLIC LANDS OF THE UNITED STATES.
are indebted to R ichard M. Y oung, E sq., the Commissioner of the General Land
Office, for a copy of the Annual Report, an interesting and carefully prepared docu­
ment, accompanied with an appendix containing tabular statements of the disposition
of the public lands from the commencement of the land system up to January 1st,
1849, from which we derive the following particulars:—
W

e

THE SURVEY AND DISPOSAL OF THE PUBLIC LANDS.

The whole of the public lands in this State, which contains an area of 39,964
square miles, or 25,516,960 acres, have been surveyed, and the township plats returned
to this office and the respective district land offices. The books, plats, field notes, &c.,
appertaining to the surveys therein, have been transferred to the proper authorities of
the State, under the acts of 12th June, 1840, and 3d March, 1845, and that part of the
business of the surveyor general’s office, north-west of the Ohio, relating to surveys,
<Ve., in this State, entirely closed up. The land districts have been consolidated, from
time to time, as the sales have progressed, until the number of the local land offices
has been reduced to two, one of which is located at Chillicothe and the other at Defi­
ance. All the lands have been proclaimed and offered at public sale; and there still
remains of the public lands to be disposed of in this State, as near as can be ascer­
tained, about 815,465 acres.
I ndiana. In this State, having an area of 33,809 square miles, or 21,631,160 acres,
the whole of the public lands have been surveyed, and the township plats returned to
this and the district land offices. The surveys in this State having been finished, the
surveyor general has been instructed to have the plats, field notes, <fcc., pertaining to
those surveys completed, and transferred to the authorities of the State by or before
the 30th June next, as required by the acts of 12th June, 1840, and 3d March, 1845.
The surveyor general reports, that he will be able to comply with those instructions;
consequently, after that shall have been done, the authority of the surveyor general,
north-west of the Ohio, will be restricted to the State of Michigan. All the public
lands in this State have also been proclaimed and offered at public sale; and of those
lands about 3,512,645 acres remain unsold and undisposed of.
I llinois. The area of this State is 55,405 square miles, or 35,459,200 acres. The
whole of the public lands have been surveyed, and the plats returned to the district
land offices, with the exception of a few detached tracts, all of which will be completed,
however, together with the plats, records, &c., connected therewith, under instructions
from this office, and the latter turned over to the authorities of the State by the 30th
of June next, or as soon thereafter as practicable, as required by the act of 12th June,
1840. All the lands which have been surveyed have been proclaimed and offered at
public sale; and there stiU remains 15,693,016 acres of public lands in this State to
be sold or disposed of
M ichigan . In this State, having an area of 56,243 square miles, or 35,995,520 acres,
the surveys have been executed, and plats returned to this office and the district land
offices of 28,111,185 acres; and, of the remainder, it is estimated that 1,418,400 acres
will be surveyed, and the plats returned during the ensuing year. With the exception
of about 529,000 acres in the southern peninsula, all the lands remaining to be sur­
veyed in Michigan are in the upper peninsula. Of the public lands in this State, it is
estimated that there are remaining to be sold or disposed of, about 25,091,296 acres.
W isconsin. It is estimated that there is contained within the boundaries of this
State an area of 53,924 square miles, or 34,511,360 acres. Of this area, 14,352,819
acres have been surveyed, and the plats returned to this and the district land offices;
and, of the remainder, it is estimaied that 1,344,000 acres will be surveyed, and the
plats returned during the next year. All the lands in this State, the plats of which
were received in time, have been proclaimed and offered at public sale; and 28,863,163
acres still remain unsold and undisposed o£
I ow a . The boundaries of this State include 50,915 square miles, or 32,584,960 acres.
Of these, 14,806,381 acres have been surveyed, and the plats returned; and of the
balance, 2,240,000 acres, it is expected, will be surveyed, and the plats returned in the
O hio .




106

M iscellaneous S ta tistics.

ensuing year. Of the lands in this State which have been prepared for market, and
not yet offered at public sale, the greater part are situated between Brown’s and Sul­
livan’s line, and will not, of course, be offered till the question of boundary between
Missouri and Iowa, now pending before the Supreme Court of the United States, shall
have been definitively settled. Of the public lands in this State, adopting Sullivan’s
line as the south boundary, 29,868,038 acres remain unsold and undisposed of.
M issouri. In this State, with an area of 67,380 square miles, or 43,123,200 acres,
41,486,437 acres have been surveyed, and the plats returned to this office and to the
offices of the respective land districts. Of the remainder it is estimated that 1,200,000
acres will be surveyed, and the plats returned during the next year; and if it be de­
termined that Sullivan’s line is the northern boundary, those returns will nearly close
the surveys in this State. All the disposable land which has been surveyed, has been
proclaimed and offered at public sale, and adopting Sullivan’s line as the northern
boundary, there are 29,766,740 acres of public lands remaining unsold and undisposed of.
A rkansas. The surveys of the whole of the public lands in this State, the area of
which is 52,198 square miles, or 33,406,720 acres, have been executed, or are in pro­
cess of being completed, and the plats of nearly all those lands have been returned
to this and the district land offices. Under instructions from this office, the surveyor
general is closing up the business of his district, and by the 30th of June next, the
whole of the surveys will be finished; the maps, field notes, etc., pertaining to these
surveys, will be completed and turned over to the authorities of the State, as required
by the act of 12th of June, 1840. All the disposable public lands in this State, the
plats of which were received in time, have been proclaimed and offered at public sale;
and it is expected that the next proclamation will embrace all the residue that can be
brought into market. Of these lands, 27,669,207 acres remain unsold and undisposed of.
L ouisiana. The area of this State is 46,431 square miles, or 29,715,840 acres. Of
these, 20,343,442 acre3 have been surveyed, and the plats returned to the proper land
offices, and to this office; and, of the balance, it is expected that 336,000 acres of new
lands will be surveyed, and the plats returned during the next year. Great and pe­
culiar difficulties have surrounded the surveys in this State, and prevented their early
completion. Most of those made at an early period were very defective, owing, as
appears from their history, to the inadequacy of the price then paid for that service;
many were fraudulent, and others, owing to the intricacy of the boundaries and the
vagueness of locality, were either not surveyed, or so executed that no confidence
could be reposed in them. This was peculiarly the case in the Greensburg district,
and finally led to the passage of the act of 29th August, 1842, directing a resurvey of
the whole of the lands in that district. That work has been carried on as rapidly as
the peculiar circumstances of the case would admit, and is now speedily drawing to a
conclusion. Numerous resurveys have also been required and executed in the other
districts, and many still remain to be done. It is expected, however, that by a careful
and judicious investigation, both by the surveyor general and this office, where resur­
veys appear to be required, and by the adoption of a system for completing the sur­
veys and locations of private claims in all such cases, that the difficulties and embar­
rassments which exist will finally and speedily be overcome. Nearly a million of acres
which have been surveyed in this State have not been offered at public sale, for the
reason that some of them are interfered with by private claims, and others are reported
as erroneous or fraudulent surveys. These difficulties will be removed as speedily as
practicable, and in all cases that will admit of it, the lands will be brought into mar­
ket. Of the public lands in this State, surveyed and unsurveyed, there remains
23,677,775 acres yet to be disposed of.
M ississippi. In this State, having an area of 47,147 square miles, or 30,174,080
acres, the whole of the public lands have been surveyed and brought into market, and
the plats returned to tins office and the respective district land offices. Numerous re­
tracings and resurveys have also been made, to locate private claims, supply lost field
notes, and correct erroneous surveys. The surveyor general of this State has been
instructed to finish all the surveys and resurveys now on hand, and to complete the
plats, field notes, <fee., connected with the surveys, that they may be turned over to the
authorities of the State, as required by the act of 12th June, 1840, by the SOth June
next. He has assured this office of his determination to comply with those instructions,
but at the same time suggests that this course may be prejudicial to the interests of the
owners of some of the private claims which have not yet been located. The difficulties
suggested in this case can easily be remedied by the passage of an act, rendered abso­
lutely necessary by the closing of these offices, and which will be considered and ex­




107

M iscellaneous S tatistics.

plained in a subsequent part of this report. Of the public lands in this State, 11,815,040
acres remain unsold and undisposed of.
A labam a.
The lands in this State, the area of which is 50,722 square miles, or
82,462,080 acres, have all been surveyed, or are in process of completion. The plats
have been returned to this office and the district land offices; and, as far as available, the
lands embraced by them have been proclaimed and offered at public sale. Numerous
resurveys have been made in this State to supply the field notes, which were unfortu­
nately destroyed by a fire which consumed the office of the surveyor general, with
many of the records. The surveyor general has been instructed to complete the busi­
ness of his office, aud to prepare the plats, field notes, &c., connected with the surveys,
to be turned over to the authorities of the State by the 30th June next, as required by
the act of 12th June, 1840. Of the public lands in this State, 17,516,346 acres re­
main the property of the government, and are subject to be sold, or otherwise dis­
posed of
F l o r id a .
The area of this State is 59,268 square miles, or 37,931,520 acres. Of
these, 15,032,052 acres have been surveyed, and the plats returned to the respective
land offices and to this office; and, during the ensuing year, it is expected that the
surveys will be executed, and the plats returned, of 2,240,000 acres more. As far as
practicable, the lands, the surveys of which have been completed and returned, have
been proclaimed and offered at public sale, and there now remains, the property of
the government, and subject to be disposed of, 36,137,137 acres, including those which
have not been surveyed.
STATEMENT OF THE AREAS OF THE THIRTY STATES OF THE UNION IN SQUARE MILES AND ACRES,
THE POPULATION OF EACH ACCORDING TO THE UNITED STATES CENSUS OF

1840, THE

NUM­

BER OF SENATORS AND REPRESENTATIVES IN CONGRESS TO WHICH EACH WAS ENTITLED,
SEPARATELY AND IN THE AGGREGATE, THE NUMBER OF PRESIDENTIAL ELECTORS, ETC. ;
ALSO, A COMPARATIVE VIEW OF THE DIFFERENCE IN THE POPULATION, ETC., OF THE SLAVE
AND FREE STATES, SEPARATELY STATED, FROM THE MOST AUTHENTIC SOURCES.

FREE ST A TE S.

Maine.................
Verm ont...........
N. Hampshire...
Massachusetts...
Rhode Island. . .
Connecticut.......
New York.........
New Jersey.......
Pennsylvania. . .
O hio..................
Indiana..............
Illinois...............
Michigan...........
Iow a..................
Wisconsin.........
Total...............

Area.
Sq. milesi. Acres.
35,000 22,400,000
8,000
5,120,000
8,030
5,139,200
7,250
4,640,000
1,200
768,000
4,750
3,040,000
46,000 29,440,000
6,851
4,384,640
47,000
30,080,000
39,964 25,576,960
33,809 21,637,760
55,405 35,459,200
56,243
35,995,520
50.914 32,584,960
53,924 34,511,360

Population according to United
States census o f 1840.
No. of
No. of
No. o f
Presi’nTotal sena’rs in Repre- tial
F. white F. col’d No. of
persons. persons, slaves. pop’ation. Cong’ss. sent’es. elec’rs.
9
500,438
1,355
....
501,793
7
2
4
6
291,218
730
....
291,948
2
4
6
537
1 284,574
284,036
2
12
10
729,030
8,669
....
737,699
2
2
4
2
105,587
3,238
5
108,830
6
4
301,856
8,105
17 309,978
2
36
34
2
2,378,890 50,027
4 2,428,921
5
7
674 373,306
2
351,588 21,044
24
26
64 1,724,033
2
1,676,115 47,854
21
23
17,342
3 1,519,467
2
1,502,122
10
12
7,165
3 685,866
2
678.698
9
2
7
472,254
3,598
331 476,183
5
2
3
211,560
707
....
212,267
4
2
2
42,924
172
16
43,112
4
2
2
2206,71
185
11 *220,867

454,340 290,777,600 9,746.987

1,129 9,918,844

30

2,605
78,085
89,495 469,232
449,087 1,239,797
245,817
753,419
327,038
594,398
280,944
691,392
182,258 779,828
183,059
829,210
158.452 352,411
195,211
375,651
253,532
590,756
58,240 383,702
19,935
97,574
25,717
54,477
39,060 *179,364
4,694
43,712

2
2
2
2
o
2
2
2
2
2
2
2
2
2
2

936,368 599,275,5204,772,043 215,821 2,525,144 7,513,008

30

170,728

139

169

SLAVE ST A TE S.

Delaware...........
Maryland...........
Virginia.............
N. Carolina.......
S. Carolina.........
Georgia.............
Kentucky.........
Tennessee.........
Louisiana.........
Mississippi.......
Alabama...........
M issouri...........
Arkansas...........
Florida..............
Texas.................
D. o f Columbia..
Total...............

2,120
1,356,800
11,000
7,040,000
61,352 39,265,280
45,500 29,120,000
28,000
17,920,000
58,000 37,120,000
37,680 24,115,200
44,000 28,160,000
46.431
29,715,840
47.147
30,174,080
50,722 32,462,080
67,380
43,123,200
52,198 33,406,720
37,931.520
59,268
325,520 208,332,800
50
32,000




58,561
317,717
740,858
484,870
259,084
407,695
590,253
640,627
158,457
179,074
335,185
323,888
77,174
27,943
140,000
30,657

16,919
62,020
49,852
22,732
8,276
2,753
7,317
5,524
25,502
1.366
2,039
1,574
465
817
304
8,361

* According to the State census of 1847.

1

3

6
15
9

1
1

8
17
11
9
10
12
13
6
6
9
7
3
3

2

4

91

121

7

8
10
11
4
4

7
5

10 8

M iscellaneous S ta tistics.

Main e was formed of a part of Massachusetts, and admitted into the Union March
15, 1820.
Vermont was formed of a part of New York, and admitted into the Union March
4, 1791.
Ohio was formed of a part of the territory north-west of the Ohio River, and ad­
mitted into the Union November 29, 1802.
Indiana was formed of a part of the north-west territory, ceded to the United States
by Virginia; admitted into the Union December 11, 1816.
Illinois was formed of a part of the north-west territory, ceded to the United States
by Virginia; admitted into the Union December 2, 1818.
Michigan was formed of a part of the north-west territory, ceded to the United States
by Virginia; admitted into the Union January 26, 1837.
Iowa was formed of a part of the territory ceded by France, by treaty of April 30,
1803 ; admitted into the Union December 28, 1846.
Wisconsin was formed of a part of the north-west territory ceded to the United
States by Virginia. An act was passed on the 3d of March, 1847, to admit this ter­
ritory into the Union, upon the condition that the people should adopt the Constitution
passed December 16, 1816. This Constitution was rejected; but the people having
subsequently agreed upon a Constitution, the State was admitted into the Union by
act of Congress of May 29, 1848.
Kentucky-was formed of apart of Virginia, and admitted into the Union June 1,1792.
Tennessee was formed of territory ceded to the United States by North Carolina;
admitted into the Union June 1, 1796.
Louisiana was formed of a part of the territory ceded by France April 30, 1803 ;
admitted into the Union April 8, 1812.
Mississippi was formed of a part of the territory ceded to United States by South
Carolina; admitted into the Union December 10, 1817.
Alabama was formed of a part of the territory ceded to United States by South
Carolina and Georgia; admitted into the Union December 14, 1819.
Missouri was formed of a part of the territory ceded by France in 1803 ; admitted
into the Union August 10, 1821.
Arkansas was formed of a part of the territory ceded by France in 1803; admitted
into the Union June 15, 1836.
Florida was formed of the territory ceded by Spain to the United States February
22, 1819; admitted into the Union March 3, 1845.
Texas was an independent Republic; admitted into the United States by joint reso­
lution of Congress, approved December 29, 1845.

STATISTICS OF EMIGRATION.
By a law of the State of New York, (sec. 8 of the act of May 5, 1847,) the Com­
missioners of Emigration are required to furnish, in January of every year, a report
of the moneys received under the provisions of said act during the preceding year,
and of the manner in which they have been applied. The Report of the Commission­
ers, dated at their office in New York, January 17, 1849, for the year 1848, has been
published by the Legislature, and we now proceed to lay before our readers an ab­
stract of the same:—
EMIGRATION---- ITS EXTENT, CONDITION, ETC.

The number of passengers arrived at the port of New York during the year 1848,
and for whom commutation and hospital money was paid, was 189,176; of whom,
98,061 were natives of Ireland; 51,973 of Germany; 39,142 of other countries—total
189,176. The total number of passengers who arrived seaward, including citizens not
subject to the payment of commutation money, was 195,509.
All these passengers, with the exception of not exceeding 2,000, arrived in 1,041
vessels,of which 531 were American; 341 British; 125 German; 44 others.
The ratio of the sick, out of every one thousand, was 30 on board the British ves­
sels, 9 2-5 on American, and 8 3-5 on German.




109

M iscellaneous Statistics.
N U M B E R OF PASSENGERS W H O

A R R I V E D A T THE P O R T O F N E W Y O R K F R O M J A N U A R Y 1ST T O

DECEMBER 3 1 s t , 1848, A N D F O R W H O M C O M M U T A T I O N AND H O S P I T A L M O N E Y W A S PAID.

98,061 From Sweden.........
51,973
Poland.
23,062
Portugal.........
6,415
Denmark.......
2,734
South America
Russia.
1,622
Mexico
1,560
Greece
1,207
1,054
China..
392 Place of birth nnknown...........
321
Total.
253

From Ireland........
Germany.. . .
England.......
Scotland ....
France ........
Switzerland..
Holland.......
Norway.......
Wales.........
West Indies.

165
79
57
52
31
28
12
1
1
95

Spain...........
189,176
The following tables have been compiled from another equally authentic source.
NUMBER OF IMMIGRANTS WHO ARRIVED AT NEW YORK IN EACH MONTH FROM JANUARY TO
MAY, IN THE YEARS FROM

1844

TO

1849.

1844.

1845.

1846.

1847.

1848.

1849.

January ................
February...............
March..................
A p ril....................
M ay......................

662
727
712
3,372
5,283

1,298
450
2,677
5,206
10,662

1,019
571
3,770
6,256
16,772

4,427
3,360
2,095
21,412
27,643

7,371
3,560
4,396
14,531
32,877

8,248
8,809
9,649
19,934
37,406

Total............

10,756

20,292

28,388

58,937

62,735

84,046

TABLE SHOWING THE COUNTRIES IN WHICH THE IMMIGRANTS WERE BORN WHO ARRIVED AT
NEW YORK IN THE FIRST FIVE MONTHS OF

January, February,
and M arch.

England................
Ireland.................
Scotland...............
Wales...................
Germany..............
France..................
Holland................
Italy.....................
Switzerland.........
Spain....................
Poland..................
Russia..................
Belgium................
Sweden................
Portugal..............
West Indies.........
Denmark..............
Norway................
East Indies...........
Mexico..................
Canada.................
Africa...................
Nova Scotia.........
South America . . . . . . . .
China....................
Sicily....................
Sardinia..............
Turkey.................
Total........




3,346
18,589
490
56
3,631
280
49
57
79
10
22
10
2
9
6
22
8
2
2
3
25
8

April.

May.

1,866
13,231
732
58
3,771
92
60
3
61
11
4

4,036
19,000
1,647
487
10,964
222
472
25
243
81
9

2
4
16
1
...
..
1
8
..
5
4
1
3
..

...
" 26,706

1849.

19,934

Total
5 months.

1
3

9,248
50,820
2,869
601
18,366
594
581
85
383
102
35
10
5
43
10
96
86
2
4
6
40
8
33
11
1
3
1
3

37,406

84,046

3
32
58
77
..
2
2
7
28
7

..

110

M iscellaneous Statistics.

ESTIMATED CROPS OF THE UNITED STATES FOR 1848.
FROM THE RETORT OF THE HON’. EDMUND BURKE, THE UNITED STATE COMMISSIONER OF PA­

1849.
Cotton.

TENTS---- SUBMITTED TO CONGRESS JANUARY,

Barley. Buckwheat
States
Bush.
and Territories.
Bush.
Maine................
290,000
80,000
.New Hampshire 132,000
175,000
Massachusetts...
175,000
145,000
Rhode Island. . .
55,000
5,000
Connecticut. . . .
30,000
600,000
Vermont..........
60,000
350,000
New York........ 4,300,000 3,860,000
New Jersey.. . .
12,000 1,000,000
Pennsylvania...
155,000 3,800,000
Delaware..........
4,500
16,000
Maryland..........
3,000
120,000
Virginia.............
94,000
270,000
North Carolina .
4,200
20,000
South Carolina .
4,800
Georgia............
12,600
Alabama...........
7,800
Mississippi........
2,250
Louisiana..........
Tennessee........
6,800
34,000
Kentucky.........
20,000
18,000
300,000 1,500,000
Ohio..................
Indiana.............
42,000
110,000
120,000
130,000
Illinois..............
Missouri.............
15,000
30,000
Arkansas..........
1,100
Michigan..........
300,000
310,000
Florida..............
Wisconsin.........
35,000
40,000
25,000
Iow a ................
40,000
Texas.................

Com.
Bush.

3,000,000
2,600,000
3,800,000
900,000
3,400,000
2,500,000
17,500,000
9,000,000
21,000,000
3,850,000
8,800,000
38,000,000
26,000,000
13,500,000
27,000,000
28,000,000
17,000,000
10,600,000
76,600,000
65,000,000
70,000,000
45,000,000
40,000,000
28,000,000
8,000,000
10,000,000
1,250,000
1,500,000
3,500,000
1,800,000
50,000
1,000^000

Hay.

Lbs.

Hemp.

Tons.

2,800,000
45,000,000
105,000,000
220,000,000
165,000,000
245,000,000
190,000,000
36,000,000
2,200,000

25,000,000
18,000,000

1,200,000
680,000
750,000
90,000
650,000
1,400,000
4,200,000
470,000
2,000,000
25,000
130,000
430,000
140,000
35,000
28,000
21,000
1,000
30,000
50,000
800
140,000 11,000
1,600,000
500
500,000
480
450,000
550
100,000 7,000
1,500
400,000
1,500
150,000
60,000

12,000,000
2,000

....

Total, 1848.. 6,222,050 12,538,000 588,150,000 1,066,000,000 15,735,000 20,330
Total, 1847.. 5,649,950 11,673,500- 539,350,000 1,041,500,000 13,819,900 27,750
States

and Territories.
N. Hampshire
Massachus'ts.
Rhode Island.
Connecticut..
Vermont.---New Y ork ...
New Jersey .
Pennsylvania.
Delaware__
Maryland . . .
Virginia.......
N. Carolina..
S. Carolina...
Georgia.. . . .
Alabama. . . .
Mississippi ..
Tennessee. . .
Kentucky. . .




Oats.

Potatoes.

R ice.

Bush.

Bush.

Lbs.

Kye.
Bush.

2,000,000 9.000.
000
200,000
000
2.500,000 5.000.
500,000
2,300,000 4,800,000
750,000
220,000
800,000
55,000
2,000,000 3,500,000
1,500,000
3,500,000 8,000,000
870,000
28,000,000 27,000,000
4,000,000
5,800,000 2,100,000
3,300,000
20,000,000 8,200,000
13,500,000
700,000
200,000
65,000
2,200,000 1,000,000
1,200,000
11,000,000 3,500,000
3,500 1,800,000
4,000,000 3,200,000 3,600,000
300,000
1,250,000 4,200,000 90,000,000
60,000
1,500,000 2,000,000 18,000,000
80,000
2,000,000 2,500,000
350,000
85,000
30,000
1,500,000 2,600,000 1,200,000
1,800,000 5,000,000
2,500
12,000 400,000
10,500,000 3,000,000
25,000 2,800,000
15,000,000 2,200,000

Tobacco.
Lbs.

Wheat.
Bush.

23,000,000
45,000,000
13,000,000
33,000
220,000
360,000
215,000

900.000
620.000
260,000
4,600
130,000
680,000
15,500,000
1,200,000
15,200,000
450,000
5,150,000
12,250,000
2,450,000
1,400,000
2,100,000
1,300,000
550,000

36,500,000
68,000,000

9,000,000
1,500,000

150,000
825,000
36,000
610,000

Journal o f B an kin g , C urrency, and Finance.
States.
and Territories.

Ohio.............
Indiana.........
Illinois..........
Missouri........
Arkansas. .
Michigan. . . .
Wisconsin....
D. of Col’mbia
Oregon........

Ill

Oats.

Potatoes.

Rice.

Rye.

T obacco.

W heat.

Bush.

Bush.

JLbs.

Bush.

Lbs.

Bush.

30.000,000
17,000,000
5,000,000
7,000,000
500,000
6,000,000
13,000
2,500,000
1,500,000
17,000

5,000,000
2,500,000
2,300,000
1,200,000
800,000
5,000,000
500,000
1,250,000
1,000,000
300,000
25,000

1,250,000 9,500,000 20,000,000
300,000 3,950,000 8,500,000
9,000
170,000 1,340,000 5,400,000
90,000 15,600,000 2,000,000
12,000
220,000
600,000
100,000
10,000,000
1,000,000
850,000
10,000
1,600,000
15,000
1.300.000
1.300.000
8,000
20,000
100,000

Total, 1848 185,500,000 114,475,000 199,199,500 32,952,500 218,909,000 126,364,600
Total, 1847 167,867,000 100,965,000 103,040,540 20,272,700 220,164,000 114,245,500

JOURNAL OF BANKING, CURRENCY, AND FINANCE.
BANK BOOK-KEEPING.*
have t o acknowledge the receipt, from the respected author, of a beautifully
printed pamphlet of sixty pages octavo. It forms the twelfth section of a “ Practical
Treatise on Banking,” which is now passing through the press. It is a succinct and
well-digested view of the system of book-keeping which prevails in the principal bank­
ing houses of Great Britain.
Thfe terms “ Bank ” and “ Banking ” are employed in somewhat different senses in
Europe and America, and the system of book-keeping required in the one case is ma­
terially different from that employed in the other. Banks, in America, are exclusively
incorporated institutions, which have the power of issuing “ bills ” or circulating notes,
and whose business operations are chiefly confined to loaning money on personal secu­
rities, and to exchanges, both foreign and domestic. Few banks out of the large com­
mercial cities, however, have much to do with foreign exchange.
In Europe, on the contrary, the bankers or banking houses are generally private
firms, or individuals doing business on their personal responsibility, and without the
power of issuing bills for circulation. There is nothing in the United States that an­
swers precisely to the banking houses of England. We have our brokers; but they
are in two classes, known as stock and money brokers. If the two were united, with
a discount department for the systematic loaning of money on personal securities, they
would nearly resemble some of the banking houses of Europe.
The system of business and of book-keeping in our banks is much more simple and
easy than that of the European bankers. In England, “ cash ” or “ money ” includes
nothing but gold and silver coin, or bullion. Circulating notes are not money, not even
those of the Bank of England, and they are never treated as such; consequently, a
separate account is kept for such notes. Not only each kind, but each individual note
is separately specified and described, both in the receiving and the paying books. The
receiving clerk, or teller, for example, in receiving a deposit, is obliged, in every case,
to specify all the different notes of which that deposit may be composed, not by their
names and denominations only, but by their numbers, dates, <fcc., and then to enter the
same, with the same specification, into the pass-book of the depositor. Whereas, in
W e

# A System o f Banking Book-keeping.




By J. W .

G il b a r t ,

F . R. S.

L o n d o n : 1849.

112

Journal o f B a n k in g, C urrency, and F inance.

our banka, nothing is received on deposit but cash, the notes of accredited banks, or,
in other words, “ current notes,” being accounted as cash. The receiving teller, there­
fore, has only to count notes, checks, and coin together, and pass the whole, in one
amount, as cash to the credit of the depositor.
In like manner, the paying clerk, in England, keeps a detailed register of all the
notes he pays out, with a circumstantial description of numbers, dates, &c., while the
same officer, in America, has nothing but “ cash ” to pay out, and no “ checks ” to re­
ceive but those drawn on his own bank.
By these remarks, it will be seen that the work before us has little relevancy to the
banking business of this country. We think, however, it could hardly fail to be use­
ful, if carefully studied, tp the private banker, or broker of our large cities, and to
many of our merchants, whose extensive commercial connections with the old world
render it highly desirable that they and their clerks should be familiar with the details
of the modes of business, as conducted by their foreign correspondents. To us, the
system looks complicated and onerous, from the number of books employed; but, as
it is the result of the experience and practice of ages, and the work of men the most
eminent in the world’s history for their financial ability and the vast extent of their
operations, we have no doubt that it is the most rigidly simple, and labor-saving sys­
tem that can possibly be made consistent with security and dispatch. It could not
have fallen into better hands, to elucidate and explain. The style of Mr. Gilbart is
eminently lucid, concise, and exact. In the fewest, and the choicest words, he describes
the various transactions, and the mode of recording them, and explains the various
“ checks,” by which errors are prevented or detected, and by which one department,
or one clerk, is made a monitor and corrector of another, and each of all the rest. In
this system of checks and mutual supervision lies the main security, not only ®f the
banker and the customer, but of the clerks; and, if well adjusted and faithfully ap­
plied, the security is as complete as human ingenuity can make it.
Mr. Gilbart is not only thoroughly versed in the science and art of accounts, but is
thoroughly artistic in his views, and his manner of elucidating them. We commend
his work to the notice of all whom it may concern.
We cannot leave it, however, without extracting a few passages, which contain val­
uable hints for clerks, book-keepers, and accountants of all countries alike, and under
all systems of business.
“ Although the business of keeping books is extremely easy when once the accounts
are properly arranged, yet the adaptation of the principle of double-entry to exten­
sive and complicated transactions, so as to receive the full benefit of the system, is a
process which requires the most complete knowledge, not only of the practice, but also
of the science, of book-keeping.”
“ Book-keeping, like all other arts, can only be mastered by industry, perseverance,
and attention. The learner must think for himself, and endeavor to understand the
why and wherefore of all that he does, instead of resting satisfied with vague notions
and words devoid of sense.”
“ The study of book-keeping affords an excellent means of intellectual discipline;
that is, when its principles are exhibited as well as their application. When the rea­
soning powers are called in exercise as well as the memory, the student who has care­
fully attended to the instructions, and who is the master and not the slave of rules,
will experience no difficulty in unravelling or adjusting any set of accounts, however
complicated or diversified.”*
When a young man enters a bank as a clerk, he should be instructed to be careful
with regard to his hand writing, or, in his anxiety to write fast, he may forget to write
well. If he write a bad hand, he should not be above taking a few lessons from a
professor of penmanship, who will teach him to write fast and well at the same time.




* D ouble Entry Elucidated.

By B. F. Foster

Journal o f B anking, C urrency, and Finance.

113

But, however badly he may write, he should try to write plain. Plainness is of more
consequence than neatness or elegance. He should be very careful in writing the
names of the customers of the bank. If he write them illegibly, there will be a lose
of time in making them out, or they may be misunderstood, so that money may be
posted to the wrong account, and thereby loss arise to the bank. On this account also,
when two or more customers have the same surname, he should be very careful to write
the Christian names fully and distinctly.
The necessity for writing quickly, and the want of carefulness at first, are the causes
why so few bankers’ clerks comparatively write a good hand. But they should re­
member that this is a most important qualification, and a deficiency in this respect
may be an insuperable bar to promotion. Without this attainment a clerk cannot be
put to write up the customers’ books, nor to make out the country accounts, nor to
write the letters, nor to fill the office of secretary. “ You ought to be careful to write
a plain hand. You impose upon your correspondents a very unnecessary and a very
unpleasant task if you require them to go over vour letters two or three times in or­
der to decypher your writing. A business hand is equally opposed to a very fine
hand. A letter written in fine elegant writing, adorned with a variety of flourishes,
will give your correspondent no very high opinion of you as a man of business.”*
The plan of writing masters who advertise to teach good and expeditious writing
in a few lessons is as follows :•—The pupil rests his hand upon the paper without touch­
ing it with his little finger. All the motion is then made from the wrist. Those who
have to write their names many times in succession, such as in signing bank notes or
in accepting bills, will find that on this plan they can get through their work in much
less time than if they bend their fingers with every stroke of the pen.
The young clerk should also be taught to make his figures clear and plain, so that
a 2 cannot be mistaken for a 3, nor a 3 for a 5. He should also take care that the
tail of his 1 or his 9 does not run into the line below, and thus turn a 0 into a 6, and
also that the top of his 4 does not reach so high as to turn a 0 in the line above it into
a 9. He should be careful, too, in putting his figures under one another, so that the
units shall be under the units, the tens under the tens, the hundreds under the hun­
dreds, and the thousands under the thousands. Otherwise, when he adds up the col­
umns together he will be in danger of making a “ wrong cast.”
The above passage we take leave to commend to the special regard of some of our
bank clerks in New York, whose undecypherable figures, sprawling columns, and worse
than Chinese hieroglyphics, would sometimes be vastly amusing if they were not often
vastly vexatious.
He must also learn to “ cast ” quickly and accurately. The two main qualifications
in this operation are accuracy and quickness. To ensure accuracy a clerk will cast
everything twice over. The first time he will begin at the bottom of the column, and
the second time at the top. If he begin both times at the bottom of the column, the
association of figures will be the same; and if he has fallen into an error the first time,
he will be apt to fall into the same error the second time. But if he changes the or­
der, the association of the figures will be different, and he will not be likely to fall
into the same error. Quickness can be acquired only by practice. But he will acceler­
ate his speed by making his figures plain, and placing them strictly in a line under one
another. He should also learn to cast without speaking, for the eye and the head
will go faster than the lips.
As a bank increases its business, it becomes of importance to improve its system of
book-keeping, and to adopt means of increasing the efficiency of its clerks. A large
establishment can generally be conducted with a less proportionate number of hands
than a small one. It admits of a more extensive application of the principle of a di­
vision of labor. In a small bank, one clerk may keep two or three books of various
kinds, or perhaps act as both cashier and accountant. But in a large bank, each clerk
is in general kept wholly to one employment. The effects of this separation of occfipations is the same in banks as in manufactories; and the description of these effects
given by Adam Smith will equally apply to both cases.
,
“ The great increase in the quantity of work which, in consequence of the division
of labor, the same number of people are capable of performing, i9 owing to three dif­
ferent circumstances; first, to the increase of dexterity in every particular workman;
* Lectures on the History and Principles o f Ancient Commerce.
VOL. X X I.---- NO. I.
8




By. J. W . Gilbert.

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J ournal o f B an kin g , C urrency , and F inance.

secondly, to the saving of time which is commonly lost in passing from one species of
work to another; and lastly, to the invention of a great number of machines which
facilitate and abridge labor, and enable one man to do the work of many.”
The increase of dexterity by constant practice is very observable in the practice of
“ casting up.” A clerk who is much accustomed to this operation will cast up a long
column of figures with singular quickness and accuracy. It is also very observable in
“ calling over.” Besides, owing to the abbreviations, a clerk in calling over will speak
so rapidly that an unpractised ear will hardly be able to follow him. Mr. Babbage
gives the following instance of great dexterity acquired by practice:—
“ Upon an occasion when a large amount of bank notes was required, a clerk in the
Bank of England signed his name, consisting of seven letters including the initial of
his Christian name, five thousand three hundred times during eleven working hours,
and he also arranged the notes he had signed in parcels of fifty each.”*
The loss of time in passing from one operation to another is as obvious in mental
processes as in those which are purely mechanical.
“ When the human hand or the human head has been for some time occupied in any
kind of work, it cannot instantly change its employment with full effect. The muscles
of the limbs employed have acquired a flexibility during their exertion, and those to
be put into action a stiffness during rest, which renders every change slow and unequal
in the commencement. A similar result seems to take place in any change of mental
exertion; the attention bestowed on the new subject is not so perfect at the first com­
mencement as it becomes after some exercise.”*
The invention of expedients for facilitating and abridging labor is also as common
in a bank as in a manufactory.
Mr. Francis has recorded, in his History of the Bank of England, a variety of im­
provements introduced into that establishment by Mr. William Kae Smee, a son of the
chief accountant.
He proposed an alteration in the check office, by which he stated that the work
which employed three principals and twenty-one clerks would be done more effectu­
ally by two principals and seven clerks. In the circulation department, the posting,
which formerly took fifty, now employs only eight clerks. Ana the whole of that de­
partment, if now conducted upon the old system, would probably require nearly eighty
additional assistants. In the National Debt Office Mr. Smee introduced such measures
that “ the directors were enabled so far to consult the accommodation of the public as
to enable the transfers in the various offices to be made eight or nine days later than
usual, the business which formerly occupied about thirty-two days being accomplished
in about twenty-three.” f
As our extracts are growing larger than we intended, we must stop short, and refer
to the book itself, page 46, for an explanation of “ the horizontal system of book-keep­
ing,” and page 50, for some of the advantages of that system. A comparison between
the system of book-keeping practised by merchants and that practised by bankers,
closes the book.
UNCLAIMED BANK DIVIDENDS AND DEPOSITS.
The following “ Act to amend an act relative to unclaimed bank dividends and de­
posits, passed May 9th, 1835, and for other purposes,” passed the New York Legisla­
ture April 11th, 1849, and is now in force:—
S ection 1. Every company or association now or hereafter incorported or organized,
or doing business under any general or special law of this State, on or before the first
day of September next, and annually thereafter, shall cause to be published for six
successive weeks in one public newspaper printed in the county in which such com­
pany or association may be located, and in the State paper, a true and accurate state­
ment verified by the oath of the cashier, treasurer, or presiding officer, of all deposits
made with said company or association, and of all dividends and interest declared and
payable upon any of the stock, bonds, or other evidence of indebtedness of said com­
pany or association which, at the date of such statement, shall have remained un­
* The Economy of Machinery and Manufactures.
f History of the Bank of England: its Times and Traditions.




By John Francis.

Vol. ii., p. 141.

Journal o f B an kin g , C urrency , and F in a n ce .

115

claimed by any person or persons authorized to receive the same for two years then
next preceding.
S ec. 2. Such statement shall set forth the time that every such deposit was made,
its amount, the name, and the residence, if known, of the person making it, the name
o f the person in whose favor the dividend or interest may have been declared, its
amount, and upon what number of shares, and on what amount of stock, bonds, or
other evidence of indebtedness of any such company or association.
S ec. 3. The term “ association ” shall include every individual doing business alone
under any general or special law of this State.

INDIVIDUAL LIABILITY OF BANK STOCKHOLDERS.
A correspondent of the Journal of Commerce takes a sensible view of the individ­
ual liability clause of the act to “ enforce the responsibility of stockholders,” <fcc., passed
at the last session of the New York Legislature, (for a correct copy of the law, see
our “ Journal of Banking, Currency, and F in a n c e page 661, in this Magazine, for
June, 1849,) in the following communication:—
We cannot but think that there is an undue weight placed upon the individual lia­
bility which the constitution imposes upon stockholders of the banks after the 1st of
January next, and that it would have been more judicious in the Bank of Commerce
to call a meeting of the shareholders, and annul the obnoxious section in their articles
of agreement preventing the assumption of any individual liability, rather than adopt
the resolution that they have come to—to cease as a bank of issue.
There is no probability that the other banks will come to the same conclusion, and
we presume that the intelligent gentlemen comprising the direction of that institution
would scorn the idea of sheltering themselves under their wings, by paying out their
notes shielded from the dangers of the conflict, but participating in the fruits of vic­
tory. Should all the banks withdraw their circulation, the only domestic medium of
exchange for the community would be bags of specie, (of which they have already
had a taste in the Sub-Treasury,) or bank notes of other States, of which they know
nothing. As these institutions are, nominally at least, chartered for the public good,
the public convenience should in some measure be consulted. That it is just and right
that guardians and trustees should not be liable for investments from which personally
they derive no benefit, cannot be denied; and of consequence, stock held by those
parties will pass into the hands of other capitalists; but, as a case, to judge how far
there is a probability that stockholders will be called upon to make good its losses,
we will take the Bank of Commerce as an example. By the statement of affairs (in
round numbers) they hold property as follows:—
Loans and billsdiscounted...................................................
Public stocks........................... -...........................................
Real estate..........................................................................
Notes of other banks........................................................
Specie...................................................................................
Other assets....................
Property.........

$4,200,000
800,000
110,000
800,000
680,000
50,000
$6,640,000

They owed the public—
Individual depositors....................................
Bank notes in circulation.............................
To city banks................................................
To distant banks...........................................

$2,050,000
105,000
85,000
650,000
$2,935,000

Leaving a balance in their hands, beyond all claims of the
public, o f..................................................................... ...
Which balance belongs to its stockholders, in the shape of
stock subscribed........................................
$3,450,000
And the remainder ($255,000) as profits...
255,000




$3,705,000

$3,705,000

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J ournal o f B an k in g, C urrency, and F inance.

Rather a slight chance, we deem, that the stockholders should have to shoulder indi­
vidual liability in this case. It may be said that the present position of an institution
is no index of what it may be. Very true; but our banks, many of them, have now
quietly wended their way thirty, forty, and sixty years, rarely intermitting a dividend.
Certainly none of the larger institutions have ever sunk one-half of their capitals; and
under the salutary restraint of the Sub-Treasury, (clogged, though it be, with absurd
details,) it is not likely that those wild expansions, injurious alike to the lender and
to the borrower, will again occur. There is only one position in which they can be
placed in which there would be a likelihood that the stockholders could be called upon
in their individual capacity, and that might be by their sudden winding up—from a
suspension of specie payments. Should such a catastrophe ever take place, the whole
community must come down with them, for the debt due to them by the public is
limited within a circle of probably less than ninety days. Of the relative position of
the city banks as lenders, and the public as lenders, we take (which happens to be at
hand, though not the latest,) the statement of the former in December last:—
They held in the shape of promissory notes, specie, stocks, <&c., property
to the amount of..................................................................................... $63,000,000
They owed the public for their bank notes in circulation..
$5,920,000
To individual depositors.....................................................
21,500,000
To banks...............................................................................
8,700,000
-------------36,120,000
A surplus to be returned to the stockholders after liquidating their debts
to the community................................................................................... $26,880,000
The property of the country is increasing each year in an enormous ratio, while the
bank capital remains nearly stationary. That losses may occur occasionally, even
larger- ones is within the bounds of probability; but that these city institutions, in the
hands of intelligent and practical men, should be placed in a position where their cap­
itals should be sunk, appears so distant as hardly to be allowed within the bounds of
possibility.
BANKING IN THE STATE OF NEW YORK.
We publish below the explanations of the State Controller in regard to the provis­
ions of two acts of the Legislature of New York relating to stock securities, and the
personal liability of stockholders in banking institutions. For a correct copy of the
second act named in the circular of the Controller below, our readers are referred to
the Merchants' Magazine for June, 1849, vol. xx., page 661.
C o n t r o l l e r ' s O f f ic e , A l b a n y ,

M ay 1, 1849.

S ik :—I transmit to you herewith a copy of two acts of the Legislature, passed at
the recent session, containing provisions of much importance to the banking institutions
of the State.
The first of these is an act amendatory of the general Banking Law. It will be
perceived that the first section makes a material change in the character of the stock
securities required to be deposited with the Controller as a security for the redemption
of circulating notes. Under the previous law, the Controller could receive no other
than stock of the State of New York, bearing, or made equal to, 6 per cent. The
present act provides that one-half the amount of stock securities deposited in this
office, may consist of stocks of the United States, “ in all cases to be, or to be made
equal to, a stock producing an interest of 6 per cent per annum.”
Banking associations and individual bankers who have heretofore deposited stocks
of this State, and who may desire to avail themselves of this provision, will be per­
mitted to withdraw the securities now held, and to substitute therefor stocks of the
State of New York and stocks of the United States in equal proportions.
■The succeeding sections of the act referred to are intended to enable the stockhold­
ers of the Safety Fund Banks, as their respective charters shall expire, to preserve the
the continuance of their institutions, by a reorganization under the provisions of the
general law and the several acts amendatory thereof.
To facilitate the transition from one system to the other, without embarrassment to
the banks or tie community, the Controller is authorized to receive a deposit of secu­
rities in amounts of not less than $10,000, which may be increased from time to time




Journal o f B anking, C urrency, and Finance .

m

for three years, within which time the deposit must be made equal to the minmum
sum of $100,000, required to be pledged by associations formed under the original pro­
visions of the general Banking Law.
By the second of the acts hereto annexed, the Legislature have prescribed the man­
ner of giving effect to the provision of the Constitution, which imposes a personal lia­
bility upon stockholders in moneyed incorporations, in the event of their failure.
The nature and extent of this liability is wisely defined to the end that each stock­
holder shall be responsible for himself only, for an additional amount equal to the
stock he may hold, and that our citizens, investing their capital in moneyed institutions,
may know in advance the utmost limit of the liability to which they may be subjected.
It is hoped and believed that the provisions of this act will be satisfactory to those
interested in our banking institutions, and the community at large. The interest of
stockholders and of the public, in respect to the soundness and safety of the capital
employed in the business of banking, may be regarded as identical. It is conceived
that the limited liability now imposed, so far from exposing shareholders to increased
hazard, will tend to ensure the safety of their investments by inducing vigilance and
prudence in the administration of their affairs, and thus afford new safeguards for the
protection of their own interests and the rights of their creditors.
With this additional inducement to the exercise of reasonable care, and with the
results of past experience to serve as a warning against the danger of illegitimate ex­
pansive operations, it is hardly conceivable that a moneyed institution possessing a
bona fide capital, and administered under the guidance of honest directors, should suf­
fer a loss of its entire capital, and expose its owners to further contributions.
Very respectfully,
WASHINGTON HUNT, Controller.
THE WALL-STREET STOCK BROKER;
AND AN EXPLANATION OF THE TERMS “ WASHING,” “ LONG AND SHORT,” “ CORNERING,” ETC.

In a former number of the Merchants' Magazine we gave, from the Day-Book, a
brief history of stock brokers’ operations in the board, explaining, at the same time, the
meaning of the signs and technical phrases used by those who deal in stocks. From
the same source we compile a brief history of the games that are played, and the
means used to catch the unwary, and out-maneuver the cunning and the shrewd; in­
cluding an explanation of the well-known Wall-street terms of “ long and short,”
“ cornering,” and “ washing.” We will not vouch for the character of the “ Wall-street
broker ” as portrayed by our friend of the “ Day-Book and, therefore, if any of the
class feel aggrieved, we will cheerfully open our journal for explanation or defense.
It is a matter of some surprise to those who have never been in Wall-street, that so
many live by merely buying and selling stocks, and some get rich. When men con­
sume the necessaries of life, it seems in justice that they ought to create some of them,
or at any rate they ought to do something for the benefit of those who do create them.
An actor, painter, sculptor, or artist of any kind, usually gives to the producers of those
things he consumes something that pleases the fancy—something that gratifies and
amuses them. So with the keepers of ten-pin alleys and billiard rooms, segar makers,
jewelers, makers and venders of artificial flowers, laces, silk fringes, ribbons, and or­
naments of all kinds—each gives something to the grower of potatoes in return for
what they eat. The eye, ear, or taste is fed by all who take from the farmer or me­
chanic the products of his labor. Even the novel writer returns something to the hand
that feeds him. The lawyer settles disputes, the doctor heals the sick, the preacher
directs the mind to the road of peace. All these various classes eat, drink, sleep, and
are clothed; yet not one of them creates a particle that he eats, or a thread that he
wears. Still he does something. The “ silk goods merchant” preaches against the
wearing of jewelry, and, dangling an ear-drop in his hand, asks if the fair wearer ex­
pects to wear them in heaven; and the vender of finger-rings in return asks, if he who
sells paper roses and embroidered pocket-handkerchiefs expects to deal in merchandise
in heaven. There is no trader but thinks others worse than himself.
As has been stated, all consumers of food and clothing give something in return.
Not so the broker. He is of no more benefit to mankind, or rather his business is not,
than a game of quoits or ball. How, then, do so large a number live and make mo­




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Journal o f B an kin g, C urrency, and F in a n ce .

ney ? That is a question, like many others, easier asked than answered. The only
answer that can be given is, that they live by “ making money.” One class live by
finding purchasers of notes for owners who have not wit or energy enough to find them
themselves. Another live by buying country bank bills at one price and selling them
at another, simply because there are fools enough in the trade to take them at par,
when they are f to 1 per cent less than par. Some live by hunting up purchasers of
cotton for those who are too rich or lazy to do it themselves. But these brokers are
only clerks and agents with another name.
The stock broker is entirely another character. He is a gentleman—a gentleman
by birth and education—a gentleman in manners and hibits, and a gentleman in all
the various relations of life—even to keeping his trotting horse, having a box at the
opera, and a pew in the church. The stock broker is a scholar, too. Some are histo­
rians ; some novel writers, and some are poets. Some are members of the medical
faculty; some are deacons in churches; some are politicians; some diplomatists, and
some Jews and aldermen. By nature the stock broker is a ta!ker—yet he knows when
to hold his tongue. He will talk about everybody’s business but his own. His ears
are always open, but he never believes one word lie hears about stocks. By common
consent, every stock broker is allowed to lie as much as he pleases when making a
bargain; but if he denies having made it, or backs out, he is down. If he has a thou­
sand shares of stock to sell, he appears most anxious to buy, and vice versa, and never
deceives so effectually as when he tells the truth.
“ Cornering ” and “ washing ” are phrases much used among brokers, but not gene­
rally understood out of Wall-street.
W ashing is when John makes a sale in public to Joe, with a previous understanding
that Joe is not to take the stock. For instance, John holds a large amount of Harlem
which he is anxious to get rid of. If he throws it into the market at once, he is pretty
6ure to “ knock the price down.” His safety depends upon a “ stiff” market; and he
goes to Joe and makes an arrangement with him to take 500 shares at full price, or
an eighth above. They both go into the board, and when Harlem is called, John offers
a hundred shares at 58£ cash. Ho one takes them, but several bid 57 a 57£ to
John comes down and Joe “ takes ’em;”—“ a hundred more,” “ take ’em”—“ a hun­
dred more,” “ take ’em”—“ a hundred more,” “ take ’em.” John now “ holds up,” and
Joe offers to take a hundred more. If some “ old stager” sees through the game, he
“ sticks” Joe with a hundred, and the game is up; if not, why John may be said to
have succeeded, and the market for Harlem is firm. “ Washing ” will hardly go down
at the board; the game is too old, and there is too much danger in playing it when
there are none but old brokers present; but in the street it is very common, and many
a “ green ” one is taken in by a “ wash sale.” The truth is, a man who does not un­
derstand the business had better go to California than speculate in stocks.
L ong and S hort. These are brokers’ phrases that have not yet been explained, and
as mysterious and misunderstandable as any other. “ Long ” means when a man has
bought stock on time, which he can call for at any day he chooses. He is also said to
be “ long ” when he holds a good deal.
“ Short ” means when a broker sells stocks, to be delivered at a future day. If he
owns the stock he sells, or agrees to deliver, he is both “ long ” and “ short ” at the same
time. The effect of one contract neutralizes or “ blocks ” the other, and in reality he
is neither “ long ” or “ short.” If he does not own the stock—which is the case nine
times in ten—he is “ short,” or what is the same thing, a “ bear;” and it is for his in­
terest to get the price down so as to be able to buy the stock to deliver at a less price
than he sold.
C ornering . Ten or twelve years ago, the game of cornering was played a good
deal in Wall-street; and down to 1840, there were many attempts by various parties
to play it successfully, but nearly every one was a failure, and ended in a loss to the
parties making it. Cornering is done after this wise.
Four, five, six, or ten (as the case may be) brokers enter into an arrangement with
each other to buy up and get control of the entire stock of some company. They
commence by depressing the stock as much as possible. To do this, they must all
appear to be sellers, and cry down the price, representing it to be worthless, and them­
selves heartily sick of everything pertaining to it. While they are publicly selling
lots of 100 or 200 shares, their agents or tools are buying all they can get hold of. As
6 0 on as they have bought all the cash stock they can find in this way, they turn sud­
denly around and begin to buy on time. Parties not in the secret of course are wil­
ling to sell on 30, 60, or 90 days—even though they do not possess the stock, thinking




J ournal o f B an kin g , Currency, and Finance.

119

that before the expiration of that time they will be able to buy it at a less price than
they sold it at. In this way thousands of shares are sold to be delivered at a future
day, to the very men who own every share of stock that has every been issued. When
the time arrives for delivery, the sellers discover that there is no stock to be had but
of the men to whom they have sold it. Of course, they must pay whatever the own­
ers choose to demand. If the game is well played, the cornerers will make as much
in selling out as they have in buying in. Should every one of the party prove true to
his comrades, they will so manage as to get rid of the whole stock to outsiders at a'
high price. It will be readily seen that this is a very dangerous game unless well
played; for should any of the parties interested “ let fly” without letting the others
know it, the game is up, and although he may make a fortune, it will be at a sacrifice
of all the others. To corner successfully, requires a little more confidence in one an­
other than is found now-a-days.
The last completely successful cornering operation was made about twelve years
ago, in Morris Canal. Some parties in Newark, N. J., and some in New York city,
united in buying up all the stock of the company at something less than 30 per cent
on its par value. After getting it all intQ then' own hands, they bought all they could
contract for on time, and when the parties from whom they bought wanted the stock
to deliver, they (the buyers) sold it to them. “ Morris ” went up to 150, and there the
cornerers kept it until they got rid of nearly every share.
BILLS OF EXCHANGE AND PROMISSORY NOTES IN THE CANADAS.
An act which passed the Canadian Parliament in May, 1849, relating to Foreign
Bills of Exchange and Promissory Notes, in Canada, goes into operation there on the
first of August, 1849. It materially changes the laws regulating inland bills, &c. Its
most important provisions we publish below, for the benefit of such of the readers of
the Merchants' Magazine as have business in Canada:—
That any bill drawn or note made payable to the order of any person, or to the or­
der of the maker or drawer thereof, shall be transferable by endorsement either in full
or in blank, or by delivery, and the holder under a blank endorsement shall have the
same remedy by action as if the endorsement were in full. [These are not the clear­
est terms that might have been used.]
Three days of grace, and no more, next after the day when such bill or note shall
become due and payable, or after the day when such bill shall be presented to the
drawer thereof, and shall be allowed for the payment thereof, and shall be reckoned
to expire in the afternoon of the third of the said days of grace, unless the said third
day shall fall on a Sunday or holiday, when the next day preceding not being a Sunday
or holiday shall be the last of the days of grace.
Nothing herein contained shall be construed to entitle the maker of any note pay­
able on demand to any days of grace, or to prevent the holder from demanding pay­
ment for the same at any time, and protesting for non-payment whenever the same
shall be refused.
Whenever any bill shall be refused acceptance by the drawee thereof, the same
may be forthwith protested; and after due notice of such protest shall have been
given to the parties liable on such bill, the holder thereof may insist on immediate
payment from the said parties, and may sue for and recover the amount of such bill
with costs and interest as if the same had matured and been protested for non-pay­
ment ; provided that when due notice of non-acceptance shall have been given to the
said parties, it shall not be necessary afterward to present the said bill for payment,
or if such presentment be made to give notice of the dishonor. If, at the expiration
of the forenoon of the last day of grace any bill or note shall be unpaid, the holder
thereof may cause the same to be duly presented for payment, and in default thereof
to be protested. No presentment and protest for non-payment of any bill or note
shall be sufficient to charge the parties liable on such bill or note, unless such present­
ment and protest be given to the said parties as hereinafter provided.
The liability of such acceptor or maker toward the holder, shall continue in full
force, although the liability of the parties may be discharged from the want or ille­
gality'of protest or of notice of protest.
Any service of notice of protest for non-acceptance or non-payment, if made within
three days next after the day upon which such bill or note shall have been protested,

%



12 0

N a u tica l Intelligence.

shall hare the same force as if such service had been made upon the day of protest­
ing the same.
Whenever any bill shall be noted for non-acceptance, it shall not be necessary to
cause service of notice of the same to be made upon any party liable thereon. When­
ever any bill so noted shall be protested for non-payment, the notice of such protest
shall also embody notice of the previous noting for non-acceptance, and shall give the
holder the same right to recover from the parties liable thereon, as if they had been
severally served with notice of the noting thereof.
None other than the New Year’s or Circumcision day, the Epiphany or Twelfth day,
Annunciation day, Good Friday, Ascension day, Corpus Christi day, St. Peter and St.
Paul’s day, All Saints day, Conception day, and Christmas day, the anniversary of,
and day fixed to celebrate the birth-day of our sovereign, and any day appointed by
royal proclamation or by proclamation of the governor-general or person administering
the government of this province, for a solemn fast or as a day of thanksgiving, shall
be deemed and taken to be a holiday.

NAUTICAL INTELLIGENCE.
LIGHT-HOUSE AT HYAMIS.
C ustom-house, Edgartown, April 30, 1849.
The Light house recently erected at Hyannis was lighted up for the first time on the
evening of Monday, May 7th, 1849. The following directions are given for sailing into
that harbor:—
When coming from the Eastward, bring Point Gammon Light to bear N. N. E. in
3 £ fathoms water, and steer N. W., on which course you will have from 3£ fathoms to
a quarter less three. When the Light on the bank bears N. ) E. run for it, which
course will carry you two cables’ length from the East end of the Breakwater. Give
it a good berth towards the shore, and round to in 2^- or 3 fathoms water.
When coming from the Westward, bring Point Gammon Light to bear E. by N., or
E. by N. 1 N., and run for it until the Light on the bank bears N. by E. 1 E., and run
for it as above.
JOSEPH T. PEASE, Collector and Svperintendcnt.

NOSSHEAD LIGHT-HOUSE,
The Commissioners of the Northern Light-houses hereby give notice, that a Light­
house has been built upon the Point of Nosshead, in the County of Caithness, the Light
of which will be exhibited on the Night of Monday, the 18th June, 1849, and every
Night thereafter, from Sunset tiH Sunrise.
The foUowing is a Specification of the Light-house, and the appearance of the Light,
by Mr. Alan Stevenson, Engineer to the Commissioners:—The Light-house is in N. lat. 58° 28' 38", and in W. long. 3° 3' 5". By Compass
the Light-house bears from Ackergill Tower in Sinclair’s Bay, E. by S. £ S., distant 2
miles; from Duncansby Head, S. S. W. £ W., distant 10 miles; from Pentland Sker­
ries Light-liouse, S. W. by S. -J W., distant 13 miles; from Elzieness, N. N. E. \ E.,
distant 1-j mile; and from Sarclethead, N. E. £ N., distant 6£ miles.
The Nosshead Light will be known to Mariners as a Revolving Light, which grad­
ually attains its brightest state once every half minute, and then as gradually declines,
until to a distant observer it totally disappears. The Light will be visible towards
the North and East, between W. N. W. and S. W. £ W. From S. W. £ W. to N. E.
£ N. in a South-easterly direction, the Light wiU be of the natural appearance; but
from N. E. £ N. to W. N. W. in a Northerly direction, (or within Sinclair's Bay,) it will
be colored Red. The Lantern is elevated 173 feet above the level of the Sea; and
the Light wiU be seen at the distance of about 15 miles, and at lesser distances ac­
cording to the state of the atmosphere; and, to a near observer, in favorable weather,
the Light will not wholly disappear between the intervals of greatest brightness.
The Commissioners hereby further give notice that, by virtue of a Warrant from
the Queen in Council, dated 11th August, 1848, the following Tolls will be levied in
respect of this Light, viz;—
"For every vessel belonging to the United Kingdom of Great Britain and Ireland,




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Com m ercial R egulations.

(the same not belonging to her Majesty, her heirs and successors, or being navigated
wholly in ballast,) and for every Foreign Vessel which, by any Act of Parliament,
Order in Council, Convention, or Treaty, shall be privileged to enter the Ports of the
said United Kingdom, upon paying the same duties of tonnage as are paid by British
vessels (the same not being vessels navigated wholly in ballast) which shall pass the
said Light-house upon Nosshead, or derive *benefit thereby, the Toll of one farthing
per Ton of the burden of every such vessel, for each time of passing the said Light­
house, or deriving benefit thereby, on a coasting voyage, and double the said Toll for
passing or deriving benefit on an over-sea voyage ; and double the said respective Tolls
for every foreign vessel not so privileged.”
By order of the Board,
A LEX . CUNINGHAM, Secretary.
Office o f Lighthouse Board, Edinburg, May 16, 1849.

•

LIGHT-HOUSE ON EXECUTION ROCK.

The Light-house, which for some time previous had been in course of erection on
Execution Rock, at the entrance of Long Island Sound, is completed, and a fixed Red
Light was first exhibited therein on the evening of Monday, May 21st, 1849. A Red
Light distinguishes this light-house from the one on Sands’ Point, a few miles to the
eastward. A Fog Bell, now in the process of construction, wiU be attached to the
Tower as soon as practicable.

COMMERCIAL REGULATIONS.
TONNAGE DUTY ON SPANISH VESSELS.
CIRCULAR INSTRUCTIONS TO COLLECTORS AND OTHER OFFICERS OF THE CUSTOMS.
T reasury D epartm en t,

June 13<A, 1849.

The particular attention of the department has been called to the operations of the
acts of Congress “ Concerning tonnage duty on Spanish vessels,” approved 13th July,
1832, and 30th June, 1834, with especial reference to certain privileges, accorded on
the part of the Spanish government to vessels of the United States entering and de­
parting from ports in the “ Island of Cuba,” under certain mentioned circumstances.
The privileges referred to are ascertained from an authentic source to be of the fol­
lowing description, to w it:—
1st. That American vessels entering ports in the Island of Cuba, in ballast, are not
subjected to the payment of any tonnage duty whatever.
2d. American vessels entering the ports in the Island of Cuba, with a cargo of any
description of merchandise whatsoever, are exempted from any charge of tonnage duty,
if such vessels convey or export therefrom cargoes of molasses taken in at said ports.
The laws of 1832 and 1834, beforementioned, contemplate and require Spanish ves­
sels, coming from any port or place in the islands of Cuba or Porto Rico, to pay in the
ports of the United States the same rate of duty on tonnage that shall be levied on
American vessels at the port of said islands from whence such Spanish vessels shaU
have last departed; and, likewise, such further tonnage duty as shall be equivalent to
the amount of discriminating duty that would have been imposed on the cargoes im­
ported in the same vessels respectively, if the same had been exported from the port
of Havana in American bottoms. It consequently follows, that where no tonnage duty
or discriminating duty on the cargoes of American vessels, entering and departing from
ports or places in the Island of Cuba, is imposed and collected thereat, Spanish vessels
coming from such ports or places are to be similarly treated as regards tonnage duty
in the ports of the United States.
The collectors of the customs are therefore instructed to abstain from the exaction
of any tonnage duty on Spanish vessels coming from ports or places in the Island of
Cuba in ballast, or when laden with cargoes of molasses taken in at either of said
ports. Their cargoes of course must be subjected to the duties levied on the article
by the tariff act of 30th July, 1846, together with the additional duty imposed by the
11th section of the tariff act of 30th August, 1842.
Where Spanish vessels are about to depart from a port of the United States with
any goods, wares, or merchandise, for any destination other than some port or place in




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Com m ercial R egulations.

the Island of Cuba, or Porto Rico, the bond and security required by the 3d section of
the act of 30th June, 1834, must be exacted in all such cases before allowing clearance
or departure of the vessels.
To entitle Spanish**vessels, coming from ports in the Island of Cuba, to the exemp­
tion from tonnage duties in the cases contemplated in these instructions, it is deemed
a matter of proper precaution, in the event of any future modification or change on the
part of the Spanish authorities of these privileges, to require the master of any such
Spanish vessels to produce to the collector, at the time of entry, from the chief officer of
the customs, at the port in the Island of Cuba from which the vessel last departed, a
certificate, duly verified by the American consul, stating what tonnage duty, if any, is
exacted on American vessels arriving at said port in ballast, likewise what discrimina­
ting, or other duty, if any, is charged oil such vessels when departing from said port
with cargoes of molasses.
W. M. MEREDITH, Sec'y o f the Treasury.
RE-EXAMINATION AND APPRAISEMENT OF GOODS, ETC.
CIRCULAR INSTRUCTIONS TO COLLECTORS AND OTHER OFFICERS OF THE CUSTOMS.
T reasury D epartm en t,

June ll£ A , 1849.

The following decisions of this department, on questions to which its attention has
been recently directed, are communicated for your information and government:—
ls£. That, as the additional duty imposed in certain cases, by the 8th section of the
tariff act of the 80 th July, 1846, is not, in the opinion of the department, to be viewed
as a penalty, within the intent and meaning of existing laws, applications for remission
of such duty, under the act of 3d March, 1797, providing for the remission of penalties,
are not authorized by law, and cannot therefore be entertained by the department.
2d. That the appraisements, duly made by the appraisers appointed in pursuance of
law, having determined and fixed the true foreign market value of merchandise, on
which value, with costs and charges added, the duties are to be levied, any act of Con­
gress to the contrary notwithstanding, and being by law final and conclusive; the De­
partment cannot interpose for the relief of parties from the effect of any such appraise­
ment, its interference extending no further than to sanction, where it is thought proper,
and before the duties are imposed, the re-examination and appraisement of goods in
cases where the appraisers shall desire it, with the view, should they find cause, of
correcting or amending their return to the collector.
W . M. MEREDITH, Sec'y o f the Treasury.

NEW TARIFF OF VENEZUELA.
The Senate and Chamber of Representatives, constituting the Congress, have made
the following decree:—
A rticle 1. An extraordinary duty shall be levied for the term of two years upon
the articles, and in the manner hereinafter expressed.
A r t . 2. Merchandise and goods which shall be imported from foreign ports through
either of the custom-houses of the Republic, shall pay a duty of 10 per cent ad valo
rem on such as are already chargeable with duty, or 15 per cent ad valorem on such
as are duty free.
1. The amount of this duty shall be paid in cash when it does not exceed $400, or
within 30 days when it exceeds that amount.
2. In the liquidation of this duty the same course and formalities shall be observed
as are established by the law regulating the custom-houses.
3. The duties established by this article shall commence on the 1st of June with re­
gard to the commerce of the West India Islands, and from the 1st of July next with
regard to the commerce of the United States and Europe.
A rt . 3. National productions and manufactures which, after the publication of this
law, shall be exported to foreign ports from whatsoever port of the Republic, shall
pay a duty of 6 per cent ad valorem.
From this are excepted coffee, cotton, and the products of the sugar cane, which
shall pay only 3 per cent ad valorem; gold, which shall pay 1 per cent, and silver 2
per cent. Cattle of all kinds duty free.
Passed in the Chamber of Representatives and in the Senate on the 28th April, 1849,




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Com m ercial R egulations.

COMMERCIAL DECREE OF URUGUAY, TOUCHING THE IMPOST ON FLOUR,
M in is t r y o f F in a n c e , M o n t e V id e o ,

Jlpril

6 fA ,

1849.

:—The government being desirous of reducing the impost of fifteen dollars
per barrel on flour, which powerful reasons compelled it to establish, has found the
means by making other articles (which, from their nature, are better calculated than
flour to bear the impost) contribute to raise the amount then considered indispensable,
consequently decrees:—
A r t ic l e 1. From the first day of May forthcoming, all merchandise dispatched in
this custom-house for consumption (with the exception of wheat, flour, and grain,) shall
pay a municipal duty of 4 per cent at the same time and in the same office where the
ordinary duties are paid.
A rt. 2. Every barrel of flour, or its equivalent in any other package than those
dispatched through the custom-house, shall pay the duty after the promulgation of
the decree, twenty reals, in the manner and place designated in the previous article.
A rt. 3. Each fanega of wheat of all classes shall pay ten reals.
A rt. 4. The flour and wheat dispatched by the custom-house, but still, under the in­
spection of the special commission of this article, subject to the impost of $15, shall
pay, in order to free itself, twenty reals per barrel, and ten reals per fanega on wheat,
in all the present month.
A rt. 5. This payment may be made with notes at 60 days’ sight, with two endors­
ers, to the satisfaction of the special commission of this article.
A rt. 6. This impost shall last no longer than necessary to pay the debt incurred on
the article of flour, the liquidation of which shall take place immediately.
A rt. 7. The Directory of the Purchasing Society of the revenue of the custom­
house is charged with the execution of this decree, in that part which refers to its col­
lection.
D

ecree

A rt. 8. Let it be made known, published, and inserted in the Nation Register, and
communicated to the Honorable Assembly of Notables.
S ig n e d ,

GU AREZ.

BRUNO MAS.

YUCATAN TARIFF REGULATIONS.
V ic e -C o n s u l a t e

of t h e

R e p u b l ic

of

M e x ic o , N e w Y

ork,

May 24, 1849.

A communication has just been received at the office under my charge from the
Minister of the Treasury, informing me that, by order of His Excellency the President
of the Republic, all shippers of goods which may henceforward be dispatched to any
of the ports of the State of Yucatan, must conform to the rules and regulations laid
down in the general tariff of October 4, 1845, for the maritime custom-houses. In the
meantime, and until a new disposition is made by the government, duties will also be
exacted on those goods, according to the special tariff of the Peninsula: all persons
who may be guilty of an infraction, subjecting themselves to the penalties prescribed
in the act of the 4th of October, referred to above. Merchants and shippers are, there­
fore, informed that ships’ papers will not be countersigned at this office, unless they
are in strict conformity with the said rules and regulations.
WM. GEO. STEWART, Vice-Consul.

THE PHILADELPHIA BOARD OF TRADE:
ON LAYING A HIGHER TAX UPON EMIGRANT PASSENGERS ARRIVING AT THAT PORT.

We learn from the Philadelphia Comrtnercial List that, at a stated meeting of the
Directors held on Monday, May 21, 1849, the law passed at the last session of the
Legislature of Pennsylvania, laying a higher tax upon emigrant passengers arriving
at the port of Philadelphia than is charged elsewhere, coming up, the committee to
whom the subject was referred reported that the act, if tested in the Supreme Court
of the United States, could not be carried into effect, being illegal according to the
Constitution. A compromise, however, which would be satisfactory to all parties, was
in progress of adjustment between the importers and the Board of Health, by which
the tax would be placed upon the same footing as exists in neighboring cities. This
compromise is in accordance with the views of the importers, and places all emigrant
passengers arriving at the port of Philadelphia on the same footing as those arriving
at New York, Baltimore, and other ports, and will remove all difficulties upon this
subject.




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J ournal o f M in in g and M anu factures.

ALLOWANCE FOR DRAINAGE ON SUGAR IMPORTED.
Some months ago, the late Controller of the Treasury made an able report in favor
of the application of Mr. Jonathan Thompson and others, merchants of New York, for
an allowance of duties exacted upon sugars lost by drainage on the voyage of importa­
tion, and Mr. Secretary Meredith, after deliberation, concurred in and affirmed the re­
port and decision. The importers have now received from their counsel at Washing­
ton, the following official announcement of the decision of Mr. Meredith:—
Tte a su r y D epartm en t,

May 4th, 1849.

Sir :— I beg to acknowledge the receipt of your letter of the 30th ult., with its en­
closure, in relation to certain claims now before the department, for return of duty,
paid in excess, on importations of sugar.

The question submitted having been duly considered by the department, it has been
decided, that importers of sugar are legally entitled to allowance for actual deficiency
in the weight of sugars, ascertained to have occurred by drainage during the voyage
of importation, instructions to which effect, addressed to collectors of customs, are now
in course of preparation.
I have the honor to be, very respectfully, your ob’dt. servant,
W . M. MEREDITH, Sec’y o f the Treasury.

JOURNAL OF MINING AND MANUFACTURES.
GENERAL MANUFACTURING LAW OF PENNSYLVANIA.
The following is a correct copy of a law which passed both houses of the Legisla­
ture of Pennsylvania at its last session, and being approved by the Governor of the
Commonwealth on the '1th day of April, 1849, is now in force:—
AN ACT TO ENCOURAGE MANUFACTURING OPERATIONS IN THIS COMMONWEALTH.

1. Be it enacted by the Senate and House o f Representatives o f the Com­
monwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the
authority o f the same, That at any time hereafter when five or more persons may de­
sire to form a company under the provisions of this act, for the purpose of carrying on
the manufacture of woolen, cotton, flax, or silk goods, or of iron, paper, lumber, or salt,
in this Commonwealth, and shall have subscribed as capital stock for that purpose a
sum not less than twenty thousand dollars, in such shares as they may have agreed
upon, not less than fifty dollars a share, and actually paid into such persons as they
may have appointed to receive the same the one-fourth part of the capital stock so
subscribed, it shall and may be lawful for them to sign and acknowledge before some
officer competent to take acknowledgment of deeds a certificate in writing, in which
shall be stated the corporate name of said company, and the objects for which it has
been formed, the amount of its capital stock subscribed, the amount actually paid in,
and to whom paid, the number and value of the shares into which said stock has been
divided, the residence of the subscribers, and the number of shares subscribed by
each, the name of the county in which the chief operations of the company are to be
carried on, the term of years for which the association is to continue, and the number
and names of the directors who shall manage the affairs of said company until the
next annual election; the said certificate shall be recorded in the office for recording
of deeds in the county in which the business of the company is to be carried on as
aforesaid, in a suitable book kept for that purpose, and a copy of said certificate, duly
certified by the recorder of said county, under his seal of office, shall be filed in the
office of the Secretary of the Commonwealth, and the said Secretary, upon the receipt
of the said certified copy, shall enter thereon and upon the original certificate to be re­
tained by the company, the day and date of the filing of the same, and shall, moreover,
cause a true copy of said certificate to be recorded at length in a suitable book to be
kept in his office for that purpose.
S ec. 2. For every such certificate so filed in the office of the Secretary of the Com­
monwealth, the parties filing the same shall pay to the Secretary, for the use of the
Commonwealth, one-half of one per centum upon the capital stock of said company,
payable in five annual instalments, the first whereof shall be paid in one year from
the time of filing said certificate.
S e c t io n




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Journal o f M in in g and M anu factures .

125

S ec. 3. When the certificate shall have been recorded and filed as aforesaid, the
persons who shall have signed and acknowledged the same, and their successors, shall,
for the term agreed upon, not exceeding twenty years from the filing of such certifi­
cate in the office of the Secretary of the Commonwealth as aforesaid, be a body politic
and corporate in fact and in law, by the name stated in such certificate, and by that
name have succession, and be capable of suing and being sued, and shall, by their cor­
porate name, be capable in law of purchasing, holding, and conveying any real or
personal estate whatever, necessary or convenient to enable the said company to carry
on the business or operations named in such certificate, not exceeding two thousand
acres.
Sec. 4. The stock, property, and affairs of said company shall be managed by not
less than five, nor more than thirteen directors, a majority of whom in all cases shall
be citizens of this State, who shall respectively be stockholders therein, and who shall,
except as provided in the first section of this act, be elected at a general meeting of
the stockholders, to be held at such time and place annually as shall be directed by
the by-laws of the company, of which time and place public notice shall be given for
at least two successive weeks next preceding said general meeting and election, in at
least two newspapers printed in the county where the operations of the company shall
be carried on, if so many are printed therein, and if so many are not printed therein,
then in papers having circulation in said county printed in an adjoining county ; and
the election shall be made by such of the stockholders as shall attend either in person
or by proxy. All elections shall be by ballot, and each stockholder shall be entitled
to as many votes as he owns shares of stock in said company, but no person shall in
any case be entitled to more than one-third of the whole number of votes to which
the holders of all the shares in the capital stock of such company would be entitled.
No stockholder, females excepted, residing within ten miles of the place appointed for
such general meeting or election, shall vote by proxy, nor shall any person vote as
proxy for more than two absent stockholders; the persons receiving the greatest number
of votes at any such election, shall be directors, and when any vacancy shall happen
among the said directors by death, resignation, removal from the State, or otherwise,
it shall be filled for the remainder of the year in such manner as may be provided by
the by-laws.
S ec. 5. In case it shall happen at any time that an election of directors shall not
be made on the day designated by the by-laws, the company for that reason shall not
be dissolved, but it shall be lawful on any other day within the next succeeding sixty
days to hold an election for directors, in such manner as shall be provided by said by­
laws, and all acts of the directors in office, at the time of such omission to elect, shall
be valid and binding upon the company until their successors are elected.
S ec. 6. There shall be a President of the company, who shall be designated from
the directors of the company, and shall be elected or chosen in such manner as shall
be provided by the by-laws, and there shall also be a Treasurer and Secretary, not of
the number of directors, who shall, in the first instance, be appointed by the directors,
to serve until the next annual election, at which election, and annually thereafter, they
shall be elected by the stockholders, in such manner as shall be provided by the by­
laws, and shall hold their offices respectively during the pleasure of the stockholders,
but may be removed for cause, to be assigned in writing by the directors, and entered
on the minutes of their proceedings, and any vacancy in the office of Treasurer or Sec­
retary shall be filled by the directors, until an election shall be had by the stockhold­
ers. The persons appointed to receive the amount paid in on the stock subscribed, as
provided in the first section of this act, shall pay over the amount so received to the
Treasurer, or to such other person as the directors may designate, and the said Treas­
urer, before he enters upon the duties, shall execute a bond, with such securities as
may be deemed proper by the directors, conditioned for the faithful discharge of his
duties, and to account for all moneys, books, papers, and effects he may receive as such
Treasurer, which bond shall be renewed annually: Provided, That nothing herein con­
tained shall prevent the offices of Treasurer and Secretary being filled by the same
individual, if the company may so desire it.
S ec. 7. The capital stock of the said company shall be called in and paid in money,
at such times and in such proportions or instalments as the directors may require, of
which public notice shall be given for at least two successive weeks next preceding
the time or times appointed for that purpose, in the newspapers hereinbefore desig­
nated ; and if any stockholder shall neglect to pay such proportion or instalment, or
any part thereof, at the time or times appointed, he, she, or they shall be liable to pay




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J ournal o f M in in g and M anu factures .

in addition to the amount so called for and unpaid, at the rate of 1 per cent per month
for the delay of such payment, and if the same and the additional penalty or any part
thereof, shall remain unpaid for the period of two months, he, she, or they shall, at
the discretion of the directors, forfeit to the use of the company all right, title, and
interest in and to every and all share or shares, on account of which such default in
payment may have been made, or the directors may, at their option, cause suit to be
brought for the recovery of the amount due, together with the penalty of 1 per cent
per month as aforesaid. In the event of a forfeiture as aforesaid, the share or shares
so forfeited may be disposed of at the discretion of the directors, is such manner as
may be prescribed by the by-laws. No stockholder shall be entitled to vote at any
election, or at any general or special meeting of the stockholders, on whose share or
shares any instalment or arrearages may be due and unpaid for the period of thirty
days.
Sec. 8. The directors of such company, a majority of whom shall form a quorum
for the transaction of business, shall keep minutes of their votes and proceedings in a
suitable book to be kept for that purpose; they shall have power to make such by­
laws as they shall deem proper for the management and disposition of the stock and
business affairs of the company, subject, however, to the revision and approval of the
stockholders, and not inconsistent with the laws of this Commonwealth, and provided
for the appointment and prescribing the duties of all officers, agents, factors, artificers,
and other persons that may be employed, and for carrying on all kinds of business
within the objects and purposes of such company, but it shall not be lawful for any
such company to use any part of its capital stock or other funds for any banking pur­
poses whatever, nor in the purchase of any stock in any other corporation, nor shall
the company make loans to any stockholder or officer of said company, or to any one,
on security of its own stock.
S ec. 9. The stock of such company shall be deemed personal estate, and shall be
transferable in a suitable book to be kept by the company for that purpose, in person
or by attorney, duly authorized, in presence of the President or Treasurer, but no share
or shares shall be transferable until all arrears or previous calls thereon shall have
been fully paid in, or the said shares shall have been declared forfeited for the non­
payment of the calls thereon in the manner hereinbefore provided: Provided That
no such company shall commence operations until 50 per cent of the stock subscribed
shall be paid. All the stockholders in any company incorporated under the provis’ons
of this act, shall be jointly and severally liable in their individual capacities for all
debts and contracts made by such company, to the amount remaining unpaid on the
share of stock by them respectively held, until the whole amount of the capital stock,
as fixed and limited by the said company as in this act provided, shall have been paid
in, and a certificate thereof shall have been made and recorded, as prescribed in the
following section.
S ec. 10. The President and directors, with the Treasurer and Secretaiy of every
company incorporated under the provisions of this act, within thirty days after the
payment of the last instalment on the first half of the amount of capital stock, as
fixed and limited by the company, and of each subsequent instalment, shall make a
certificate, stating the amount of the capital so paid in, which certificate shall be signed
by said President, Treasurer, Secretary, and a majority of the directors, and verified
by the oath or affirmation of said President and Treasurer, and they shall, within the
said thirty days, cause the said certificate to be recorded in the office for recording
deeds in the county where the chief business of the company shall be carried on as
aforesaid.
S ec. 11. Every such company incorporated as aforesaid shall publish for two suc­
cessive weeks, in the month of December, annually, in the newspapers before men­
tioned, a notice or statement showing the amount of its capital stock subscribed, the
amount thereof actually paid in, and the amount of its debts, as they severally existed
on the last day of November immediately preceding, which notice or statement shall
be signed by the President, Treasurer, and Secretary, under oath or affirmation.
S ec. 12. In case of the dissolution, failure, or insolvency of any company incorpo­
rated under the provisions of this act, all debts due or owing to operatives or laborers
for services performed for such company for any period, shall first be provided for and
paid out of the effects or assets of said company.
Sec. 13. A t each and every annual meeting of the stockholders of any company,
to be held as hereinbefore provided, the President and directors for the year preceding
shall lay before them a full and complete statement of the affairs of the company for




Journal o f M in in g and M anu factures.

127

the twelve months immediately preceding, exhibiting, under the various appropriate
heads, the amount of money received, and from what sources, the amount disbursed,
and for what purposes, the amount of the debts of the company, and the balance re­
maining with the company.
S eo. 14. Dividends of so much of the profits of any such company as shall appear
advisable to the directors shall be declared in the months of June and December, an­
nually, and paid to the stockholders or their legal representatives at any time after
the expiration of ten days from the time of declaring the same, but the said dividends
shall in no case exceed the amount of the net profits actually acquired by the com­
pany, so that the capital stock shall never be impaired thereby; and if any dividend
shall be declared and paid which shall impair the capital stock of said company, the
directors consenting thereto shall be jointly and severally liable, in their individual ca­
pacities, for all the debts of the company then existing, and all that shall thereafter
be contracted, so long as they respectively continue in office: Provided, That if any
director shall be absent at the time of declaring such dividend, or shall object thereto,
and shall, within the ten days above named, file a certificate of his absence or objec­
tion, in writing, with the Treasurer of the company, and cause a copy thereof to be
recorded in the office for recording of deeds in the county in which the operations of
the company are carried on, as aforesaid, he shall be exempt from said liability, ex­
cept as stockholder.
S ec. 15. That within thirty days after the declaration of any dividend by any com­
pany incorporated under the provisions of this act, the amount of State tax to which
the stock of such company may be liable, shall be paid into the State Treasury, and
a statement under oath or affirmation of the President or Treasurer of such dividend
shall be communicated to the Auditor General.
S ec. 16. The copy of any certificate of incorporation recorded and filed in pursu­
ance of this act, duly certified by the Recorder of the proper county to be a true copy
of such certificate, shall be received in all courts and places as evidence of the incor­
poration of such company, if the said certificate shall conform to the provisions of
this act.
Sec. 11. Persons holding stock in any such company, as executors, administrators,
guardians, or trustees, shall not be personally subject to any liability as stockholders
of such company, and the estates and funds in the hands of such executors, adminis­
trators, guardians, and trustees, shall be liable in their hands in like manner and to the
same extent as the testator or intestate, or the ward or person interested in such trust
fund would have been, if they had respectively been living and competent to act, and
held the same stock in their own names: Provided. That nothing herein contained
shall be construed as authorizing investment by trustees, executors, or guardians, in
such stock.
Sec. 18. Every such executor, administrator, guardian, or trustee may represent the
shares of stock in his hands at all meetings and elections of the company, and may
vote accordingly as a stockholder.
Sec. 19. Whenever any company, embraced in the provisions of this act, shall de­
sire to call a meeting of the stockholders for the purpose of increasing or diminishing
the amount of the capital stock, or for extending its business, it shall be the duty of
the directors to publish a notice, signed by at least a majority of them, in the news­
papers hereinbefore mentioned, at least three successive weeks, and to deposit a writ­
ten or printed copy thereof in the post-office, addressed to each stockholder at his us­
ual place of residence, at least two weeks previous to the day designated for holding
such meeting, which notice shall specify the object of meeting, the time and place,
when and where such meeting shall be held, the amount to which it is desired to in­
crease or diminish the capital, and the business to which it is proposed to extend the
operations of the company.
S ec. 20. If, at the time and place specified in the notice provided for in the pre­
ceding section, stockholders shall appear in person or by proxy, representing not less
than two-thirds of all the shares of the stock of the corporation, they shall organize
by choosing one of the directors, if present, and if not, then one of the stockholders,
as chairman of the meeting, and some suitable person as secretary, and the chairman
shall appoint two of the stockholders present to act as tellers, when they shall pro­
ceed to a vote of those present in person or by proxy, as provided in the fourth sec­
tion of this act, and if, on canvassing the votes given, it shall appear that the holders
of two-tliirds of all the shares composing said capital, have voted in favor of increas­
ing or diminishing the amount of the capital stock, or of extending its business, as the




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Journal o f M in in g and M anu factures .

case may be, then and not otherwise, a certificate of the proceedings shall be made
out, showing a compliance with the provisions of this act, the amount of capital actu­
ally paid in, the business to which it is extended, the whole amount of the debts and
liabilities of the company, and the amount to which the capital shall be increased or
diminished, which certificate shall be signed by the said chairman, secretary, and tel­
lers, and verified by their respective oaths or affirmations. The said certificates, when
so signed and verified, shall be recorded, and a certified copy thereof filed in the office
of the Secretary of the Commonwealth, as provided in the first section of this act,
and when so recorded and filed, the capital stock of such corporation shall be increased
or diminished to the amount specified in such certificate, and the business extended
according to the vote of the stockholders as aforesaid.
S ec. 21. Every such company so increasing or diminishing its capital stock as afore­
said, shall have power to receive and hold such real estate as may be necessary or
convenient for the objects and purposes of the corporation, and no more.
S ec. 22. The total amount of the debts and liabilities of any such company, shall
never exceed three times the amount of its capital actually paid in; and if any debts
or liabilities shall be contracted exceeding said amount, the directors and officers con­
tracting the same, or assenting thereto, shall be jointly and severally liable, in their
individual capacities, for the whole amount of such excess.
S ec. 23. In any action brought to enforce any liability under the provisions of this
act, the plaintiff may include as defendants any one or more of the stockholders of such
company claimed to be liable therefor, and if judgment be given in favor of the plain­
tiff for his claim, or any part thereof, and any one or more of the stockholders, so made
defendants, shall be found to be liable, judgment shall be given against him or them;
the execution upon each judgment shall be first levied on the property of such com­
pany, if to be found in the county where the chief business of the company is carried
on, and in case such property as is sufficient to satisfy the same, cannot be found in
said county, the deficiency, or so much thereof as the stockholder or stockholders, de­
fendants in such judgment, shall be liable to pay, shall be collected of the property of
such stockholder or stockholders, on the payment of any judgment aforesaid, or any
part thereof, by one or more stockholders, the stockholder or stockholders so paying
the same shall be entitled to have such judgment, or so much thereof as may have
been paid by him or them, assigned to him or them for his or their benefit, with power
to enforce the same in manner aforesaid, first against the company; and in case the
amount so paid by him or them, shall not be collected of the property of the company,
then rateably against the other stockholders, if any such there be, originally liable for
the claim on which such judgment was obtained, but no stockholder shall be person­
ally liable for the payment of any debt contracted by such company, unless suit for
the collection of the same shall be brought against such company within six years after
such debt shall have become due.
Sec. 24. It shall be the duty of the directors of every such company, to cause a book
to be kept by the treasurer or secretary thereof, at the office or principal place of bu­
siness of the company, which shall contain the names of all persons, alphabetically
arranged, who are, or who shall, within one year have been stockholders of such com­
pany, showing their places of residence, the number of shares of the stock held by
them respectively, and the time when they respectively became the owners thereof,
and the amount paid on such shares, and the total amount of capital stock paid in,
which book shall, at the end of the year, be carefully preserved in the office of the
company for future reference, and shall, during the usual business hours of the day, on
every business day, be open for the inspection of all persons who may desire to inspect
the same, and any and every person shall have the right to make extracts from such
book, and no transfer of stock shall be valid for any purpose whatever, except to ren­
der the person to whom it is transferred liable for the debts pf the company, accord­
ing to the provisions of this act, until it shall have been entered therein as required by
this section, by an entry showing by and to whom the same has been transferred; such
book shall be prima facie evidence of the facts therein stated in favor of the plaintiff
in any suit or proceeding against such company, or against any one or more stock­
holders ; and if any such company shall neglect or refuse to keep such book, or to
make, or cause to be made, any proper entry therein, or shall, on application made to
any director or officer thereof, neglect or refuse to exhibit the same, or to allow ex­
tracts to be taken therefrom, as hereinbefore required, such company shall forfeit and
pay to the party aggrieved, fifty dollars for each and every day it shall so neglect or
refuse as aforesaid, recoverable by said party as in other cases of claims against such
company.




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129

Sec. 25. Special meetings of the stockholders in any such company shall be held at
the request of the president, or at the request of any number of stockholders repre­
senting not less than one-fourth of the whole number of shares in the capital stock of
such company, giving at least two weeks’ public notice in the newspapers hereinbefore
mentioned, of the time and place designated for holding the same, and stating spe­
cifically the objects of such meeting, and the objects stated in such notice, and no other,
shall be acted upon at such meeting, nor shall any business be transacted at any such
special meeting, unless a majority of all the shares in the stock of such company shall
be there represented, but the meeting may adjourn from time to time, or until such
majority shall be present.
S ec. 26. The Legislature reserves the right to amend, alter, or repeal this act, in
such manner, however, as shall do no injustice to the corporators, but such amend­
ments, alteration or repeal, shall not take away or impair any remedy given against
any company created in pursuance of the provisions of this act, its stockholders or offi­
cers, for any liabilities which shall have been previously incurred.
CONNECTICUT COPPER MINES.
We learn from the “ Farmer and Mechanic,” that the copper mines of Bristol are
exciting a good deal of interest among capitalists and scientific men at this time. Their
product, and the number of men employed, has greatly increased within a brief pe­
riod. A gentleman from Bristol has stated that not less than 300 were now at work
in them. They are regarded by many as the most profitable mines now worked in
the United States, not excepting the copper mines of Lake Superior, or the gold dig­
gings of Georgia and North Carolina. The most distinguished scientific man in the
State, Professor Silliman, has expressed the confident opinion that they extend from
Bristol in a southerly direction toward Hampden, for a distance of more than thirty
miles, and if thoroughly worked would be sufficient to give profitable employment to
80,000 miners. These mines already furnish a large amount of tonnage to the Canal
Railroad, and will doubtless afford at least an equal amount to the Hartford and Bristol
Railroad, when that work is completed, which it will be by the 1st of November, 1849.
James L. Miller, of New York, says, in a letter addressed to Messrs. Starr and Alburtis, the editors of the “ Farmer and Mechanic,” that he has recently “ visited the
copper mines now opening in the town of Plymouth, Litchfield county, Connecticut,
and much to my surprise find a large strong vein at the depth of 35 feet, producing
good specimens of copper ore, with every indication that the code contained in the
vein will yield a copper ore of as good quality, and as large a quantity, as the mine
now wrought at Bristol has ever produced. The vein runs from east to west, with a
vertical dip, cutting the geological formation of the mountain at right angles, forming
what is called a rake vein.”
IMPROVED MACHINERY FOR SPINNING YARN.
Mr. George H. Dodge, of Attleborough, Mass., has invented a valuable improvement
in machinery for spinning winding yarn, being a combination of the self-acting mule
and throstle, and having many advantages over the common method of spinning, and
equally applicable for filling and warp. In the room usually occupied for 1,000 mule
spindles, 1,500 may be placed, which will do the work of 3,000 spindles. It occupies
the usual space required for warp spinning, but will, it is said, spin 50 per cent more
yam to the spindle than the best ring bobbin spindle in use, and with a saving of
two-fifths of the power. It is estimated to spin 100 per cent more yam than the flyer
spindle, and with one-half the power compared to the quantity. The spindle is more
durable than the common one in use, being tapered to the top, and their being no
bobbins or check pins used, it maintains its balance at any speed required. It is not
liable to get out of order, and is much more convenient to piece up the ends when
broken, than the bobbin frame. Messrs. Dodge & Sons have their entire mill upon
this method of spinning, and say that from twenty-nine years’ practical experience
with other spinning, they believe it to be the best in- use, and know that it is worthy
the attention of manufacturers.
They are daily producing more yarn from 2,320 spindles, than they were able to do
from about 4,600 spindles of the old plan commonly used, and have averaged the
product of the above 2,320 spindles for nineteen successive weeks, without making
V O L . XXI.-----H O . I.




9

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Journal o f M in in g and M anu factures.

any allowance for stoppages, or hindrance from other causes, and have spun 61,287^lbs. yarn No. 30— seven skeins to the spindle— per day. They invite all practical
men and others that feel an interest in improvements, to call at their manufactory
in Dodgeville, and examine the same.

IRON FURNACES IN OHIO AND KENTUCKY.
There are in Ohio and Kentucky thirty-three iron furnaces, which yield an aggregate
of 56,000 tons of pig metal each year. In addition to these furnaces in Ohio, there
are a number in Tennessee and Illinois, which yield a considerable amount of metal;
and, with the increase of population in the West, this business in steadily advancing.
Much the largest portion of the Ohio and Kentucky metal is disposed of in the Cin­
cinnati market, and it is very seldom that the supply is more than adequate to the de­
mand, or that the former is not about equal to the latter. In consequence of this, and
of the article not being one of speculation, prices fluctuate but little, and the ruling
rates have been about $26 for cold blast, Tennessee and Illinois, $28 for cold blast,
Ohio and Kentucky, and $27 for hot blast, Ohio and Kentucky.
Of the 56,000 tons of metal produced in Ohio and Kentucky, the Cincinnati Price
Current estimates that 22,000 tons is consumed in Cincinnati, for which $600,000, or
thereabouts, is paid annually. From this statement some idea may be formed of the
extent of the foundry business in Cincinnati.
We find in Cist's Advertiser a list of the Ohio and Kentucky furnaces in 1849, which
we append:—
HOT BLAST.

Names.
Owners.
Location.
Buena Vista...............H. Means & Company......................... Castleburg, Kentucky.
Starr.......................... Lampton it McCullough..................... Castleburg, Kentucky.
Greenup.....................Wilson, Scott <fc Company.................. Gallipolis, Ohio.
Pennsylvania..............W. M. Patton & Company.................. Greenupsburg, Kentucky.
Raccoon..............
.Hollister & Brothers........................... Greenupsburg, Kentucky.
New Hampshire........ Samuel Seaton.................................... Greenupsburg, Kentucky.
Gallia......................... Bentley, Thompson & Company.........Gallipolis, Ohio.
Lagrange.................... Iron and Coal Company.....................Hanging Rock, Ohio.
Vesuvius.................... J. W. Dempsey & Company.............. Hanging Rock, Ohio.
Mt. Vernon............... Campbell, Ellison it Company............Hanging Rock, Ohio.
Lawrence................... Culbertson, Means & Company...........Hanging Rock, Ohio.
Pine Grove................ R. Hamilton & Company.................... Hanging Rock, Ohio.
Union.........................Sinton, Means & Company................. Hanging Rock, Ohio.
Ohio...........................Si.jion, Means & Company..................Hanging Rock, Ohio.
Junior........................ Glidden it Company........................... Franklin, Ohio.
Empire...................... Glidden & Company........................... Franklin, Ohio.
Centre.......................Hamilton, Rogers it Company............ Franklin, Ohio.
Franklin..................... Gould, Hurd & Company................... Franklin, Ohio.
Buckhorn....................Willard, James it Company................Wheelersburgh, Ohio.
Scioto......................... Smith. Manser <fc Company..................Wheelersburgh, Ohio.
Jackson..................... Tewksbury, Adair it Company.......... Wheelersburgh, Ohio.
Bloom.........................McKinnell it Brothers......................... Wheelersburgh, Ohio.
COLD BLAST.

Clinton........................W. Patterson it Company.................. Castleburg, Kentucky.
Mt. Savage................R. M. Biggs.......................................... Castleburg, Kentucky.
Bellefonte.................. W. L. Poage it Company....................Amanda, Kentucky.
Amanda.....................Paul it Wurts............... ....................Amanda, Kentucky.
Caroline......................Steece, Paul it Wurts..........................Greenupsburgh, Ky.
Laurel........................Wurts it Brother..................................Greenupsburgh, Ky.
Keystone...................Green, Griswold it Company..............Gallipolis, Ohio.
Hecla.........................H. Blake............................................. Hanging Rock, Ohio.
H?tna......................... Dempsey, Rogers it Company............Hanging Rock, Ohio.
Olive..........................Campbell, Peters it Company.............Wheelersburgh, Ohio.
Clinton....................... Glidden, Smith it Company................Wheelersburgh, Ohio. .




Journal o f M in in g and M anu factures .

131

IMPROVED MACHINE FOR SEWING.
In regard to this invention, the Tribune observes:—We have witnessed the opera­
tion of a new sewing machine—Newell’s improvement of Maury & Johnson’s patent—
which has just been put in operation at the sewing factory in Platt-street, New York.
On turning a crank with one hand, the machine sews seems of any length, and any
desired curve. The stitches are perfectly even and tight, and may be taken of any
length. The work to be sewed is fastened into a sliding frame, and guaged so that
the needle shall strike the point of commencing the seam. The eye of the needle is
near the point, and as it pierces the material, the thread is carried through and caught
by a hook, which holds it till the second stitch is made. It then drops the first, taking
up the second and bringing it throngh it, so that each stitch is looped upon the one
behind it, the whole forming an interlinked chain. At the factory there are several
machines, most of them employed in making salt bags. About 15,000 are manufac­
tured daily for the salt works in this State. One machine will make from 800 to 1,000
bags per day.
DESCRIPTION OF A NEW STRAW CUTTER.
The Scientific American describes a new straw cutter invented by Mr. Lewis Tupper, of Auburn, N. Y. The knife is arranged in a different manner from any other
that we recollect to have seen, and the feeding rollers are turned by the recipro­
cating motion of the cutter. The knife is a single blade bevelled downwards on
both sides from the middle. (This is like some others.) It is secured to a vibrating
horizontal rod or lever, (one on each side of the box,) and it has fork ends with screws
on them, which pass through the knife and secure it firmly, while it can easily be de­
tached when required. These rods have a reciprocating motion by being attached to
the knife at one end, and secured by pivot axis to the side of the feed box at the other
end. One rod passes through a small groove on the end of a vibrating arm, which
works two clicks that mesh into a ratchet wheel on the end of the upper feed roller;
therefore, every cut of the knife moves the feed roller one notch round, giving it ah
intermittent rotary motion to coincide with the motion of the knife. This arrange­
ment saves some gear wheels, and is a good method of feeding an intermittent cut­
ting motion.
CALIFORNIA GOLD.
The following eloquent passage is taken from a late address of Edward Everett to
a Committee of the Massachusetts Legislature:—
“ We hear much at present of veins of gold recently discovered in Mexico, Califor­
nia, and elsewhere. In fact, we hear of nothing else. But I care not what mines may
be found in the North or in the South—in the wastes of Siberia or in the Sierras of
California. Wherever the fountain of the golden tide may gush forth, its streams will
flow to the region where educated intellect has woven the boundless net-work of the
useful and the ornamental arts. If the State of Massachusetts adheres to the same
policy which has for the most part directed her legislation, a generous wave of the
golden tide will reach her distant shore.
*
*
*
*
“ For me, may poor old rocky, sandy Massachusetts exclaim—
M‘ For me, the balm shall bleed and amber flow—
The coral redden and the ruby glow—
The pearly shell its liquid glave infold,
And Phoebus warm the ripening ore to gold.’ ”

METHOD OF SOLDERING CAST IRON WITH WROUGHT,
We find the following process for soldering cast iron with wrought iron in a late
English paper:—
First melt filings of soft cast iron with calcined borax in a crucible; then pulverise
the black vitreous substance which is thereby produced, and sprinkle it over the parts
which are intended to be united; after which, heat the pieces of cast and wrought iron
and weld them together on an anvil, using only gentle blows. This method is pecu­
liarly applicable for the manufacture of iron articles which are intended to be made
red hot, and are required to be impervious to fluids or liquids, as such a result cannot
be obtained by simple fastening.




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132

RAILROAD, CANAL, AND STEAMBOAT STATISTICS.
GREAT RUSSIAN RAILWAY FROM ST. PETERSBURG TO MOSCOW.
The greatest work of modern times, undertaken as a public improvement and not
directly as a war measure, was the project by the Emperor Nicholas of Russia, for a
line of railway to connect the great capitals of the empire. The distance was gener­
ally stated at 500 miles, but the location of the railway has been effected in a distance
of only 420 miles.
The plan adopted, contemplated the construction of a road perfect in all its parts,
and equipped to its utmost necessity, regardless of expense or of the time requisite to
its completion. The estimates were on a scale of imperial grandeur, and contemplated
the expenditure of thirty-eight millions of dollars. The work was entrusted to Colonel
George W. Whistler, with unlimited authority, and forty millions of dollars set aside
for the work.
Seven years was the shortest estimate made for the time of its completion, and all
parts of the work were so distributed as to give time for everything to take its appro­
priate position when required.
These advantages were fully appreciated by Colonel Whistler, and all his plans
were matured upon a scale of comprehensive economy suited to so important an un­
dertaking. The line selected for the route had no reference to intermediate localities,
and is the shortest one attainable without sacrificing more valuable requirements for
the road. It is nearly straight, and passes over so level a country as to encounter no
obstacles requiring a grade exceeding twentyfeet, to the mile, and most of the distance
upon a level. The roadway taken is four hundredfeet in width throughout the entire
length, the road bed elevated from six to ten feet above the ordinary level of the
country, and is thirty feet wide on the top. The road is laid with a double track, a
five feet guage, and a rail of sixty-nine pounds to the lineal yard, on a ballasting of
gravel two feet in depth. The bridges have no spans exceeding two hundredfeet, and
are of wood, built after the plan of “ Howe's Improved Patent” so well known on the
New England roads, with a truss twenty-four feet in depth.
The work had so far advanced at the time of Colonel Whistler’s death, that a large
portion of it will be in use the present year, unless this event shall delay the prosecu­
tion of the work. Under these circumstances, the death of Col. Whistler was received
in this country with an universal expression of sympathy and sorrow. It is fortunate,
however, that the enterprise is so far completed that his fame and his works are safe
from the accidents of time or of change. His successor will share largely in the same
American spirit that he possessed, and will see no reason to change or modify any­
thing that had been attempted by a man who united to the rarest mechanical genius,
the most eminent practical ability.
Mr. William L. Winans of Baltimore, recently arrived from Russia by the way of
Paris, left St. Petersburg a few days only before Colonel Whistler’s death. He nas in
conversation with us given information such as has not been before detailed in this
country, and we feel more than ordinary pleasure in giving some account of the road
to our readers. Mr. Winans is of the firm of Harrison, Winans & Eastwick, who are
so well known in this country as the contractors for furnishing the equipment of this
road. They have already supplied it with
162 locomotive engines, averaging twenty-five tons weight.
72 passenger cars.
2,580 freight cars.
2 imperial saloon carriages, capable each of carrying the Imperial Court of
Russia.
This equipment has been built in Russia in shops prepared by the contractors, and
supplied by them with Russian labor. The whole contract with Messrs. Harrison, Wi­
nans & Eastwick has amounted to between four and five millions o f dollars. They
engaged to construct a suitable number of Russian mechanics to take charge of en­
gines when completed.
The engines are of two classes, sixtv-two are eight-wheel engines for passenger
travel, and one hundred eight-wheel engines for freight. The passenger engines are
of one uniform pattern throughout, so that any part of a machine will fit the same po­
sition on any other. They have each four driving wheels coupled six feet in diameter,




R a ilroa d , Canal, awe? Steam boat S ta tistics.

133

and trucks in front similar to the modern engines on the New England and New York
roads. Their general dimensions are as follows:—
Waste of boiler............................................................................. 4*1 inches.
Length of tubes......................... ................................................. 10£ feet.
Number of tubes............................................................................ 186
Diameter of tubes........................................................................
2 inches.
Diameter of cylinders...................................*.............................. 16
“
Length of stroke........................................................................... 22
“
The freight engines have the same capacity of boiler, the same number and length
of tubes, with three pair of driving wheels and a pair of small wheels in front. The
driving wheels are only four and a half feet diameter, with eighteen inch cylinders,
and twenty-two inch stroke, all uniform throughout in workmanship and finish.
The passenger cars have the same uniformity. They are all fifty-six feet in length,
by nine and a half feet in width, and divided into three classes. The first class carry­
ing thirty-three passengers, the second class fifty-four, and the third class eighty pas­
sengers each. They are all provided with eight truck wheels each, with eliptic steel
springs. The freight cars are all of them thirty by nine and a half feet, made in an
uniform manner, having eight wheel trucks under each.
The imperial saloon carriages are of 80 feet in length and nine and a half feet width,
having double trucks with sixteen wheels under each. They are finished into Jive dif­
ferent compartments, the imperial mansion in the center, twenty-five feet in length,
fitted up with every luxury for sitting or reclining, and with every comfort in every
part of it that the most ingenious mind can devise, or the most refined taste can desire.
Spacious platforms are provided in front and rear. The whole cost of them exceeds
Jifteen thousand dollars each.
The depots at each terminus, and the station houses and engine houses .along the
line are on a plan uniform throughout, and on a scale equally imposing. Fuel and wa­
ter stations are placed at suitable points. Engine houses are provided at the distance
of Jifty miles apart, built of the most substantial masonry, of circular form, one hun­
dred and eighty feet in diameter, surmounted with a dome, containing stalls for twen­
ty-two engines each. Engines are to run from one engine house to another only under
one heat, and are run back and forth from station to station, so that they are kept con­
stantly in charge of the same persons. Repair shops are attached to every engine
house, furnished with every tool or implement that the wants of the road can require.
Engine drivers have to go through the appropriate training before they are allowed
to take charge of an engine, and every arrangement provided that skill, experience or
ingenuity can demand.
Colonel Whistler looked forward to the completion of this great work with the eye
of a Christian and a man. The greatest work of civil engineering that the world had
yet demanded was entrusted to his care. He never forgot his country or the duties
lie owed to his reputation. He needed only to await the consummation of his labors,
and transport the Imperial Court of Russia from the banks of the Neva to the palace
of the Kremlin in ten hours time, to have had a fortune at his disposal from the muni­
ficence of the Emperor. Though receiving a large salary during his engagement, this
was barely enough in that country to sustain the proper dignity of his position. He
resigned these rewards and all the honors of the world at the fearful summons of
death, leaving the inheritance of a spotless name to his children, his profession, and
his country.
It needs no other testimony to show the estimation in which he was held, than the
fact that his successor is to be an American also! We confess the pride of our hearts,
that our country presents so glorious a spectacle to the genius and the learning of Eu­
rope. The fact that the unobtrusive citizen of republican America could, by the force
of genius and of merit, attain a rank and a position in the proudest monarchy of Eu­
rope, and a power for good beyond anything that hereditary greatness or titled no­
bility could command, causes a reflection that gives us far more pleasure than the re­
collections of any triumph of arms, or any attainment of titles, that are within the gift
of power.—American Railroad Journal.
CANAL STEAM NAVIGATION.
The “ Central City ” an excellent daily published in Syracuse, N. Y., has seen a stout
lake canal boat, bearing a load of 80 tons, and propelled by steam alone, passing
through that city, going east, at good packet boat speed. It may well be supposed




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R ailroa d , Canal, and Steam boat S tatistics.

that the affair excited great curiosity. It was a novelty to see a boat stepping off in
that style, and “ never a horse” about it at all. The works were invisible, though the
puffing of the engine could be heard. The wheel was between the rudder and the
boat, and not more than eighteen inches or two feet in diameter. The smoke and
steam escaped through the stern of the boat, some two feet above the surface of the
water. It moved like a swan upon the water, and made no commotion whatever, that
any “ honest man need regret,” whether he had charge of the canal, or not. So far as
could be observed by a looker-on, the triumph of steam canal navigation is complete.
If so, comment upon the importance of the achievement would be quite superfluous.
TOLLS ON THE CANADIAN CANALS.
The Canadian authorities have established, and made proclamation of the following
rates of toll, by which it will be seen that the former tolls on salt and coal passing
the Welland Canal are restored.
That in lieu and stead of the canal tolls, now collected on the St. Lawrence, the fol­
lowing rates be charged on goods, wares, and merchandise, namely:—
DOWNWARDS.

Corn, com meal, apples, onions, bran and ship-stuffs, oil cake or oil, meal
in bulk, fish, gypsum, ores, coal, and salt..................................per ton £0
1 0
0
1 8
All other articles......................................................................................
0 Of
Steamers and other vessels, by ton measurement...................................
0
Timber—square, in vessels, boats or craft, per thousand cubic feet.......
0
5 0
“
“
in rafts, per thousand cubic feet passing through the
0 10 0
canals........................................................................
“
round or flatted, in vessels, boats or craft under 12 by 12 per
0
3 9
thousand cubic feet................................................................
“
in rafts, under 12 by 12 passing through the canals, per thou­
0
sand cubic feet.......................................................................
V 6
Boards, planks, scantling or sawed lumber in vessels, boats or craft, per
0
0 6
thousand cubic feet, inch measurement................................................
Boards, planks, scantling or sawed lumber in rafts, passing through the
1 0
0
canals.....................................................................................................
0 10 0
Pipe staves and heading................................................................ per M.
5 0
0
West India staves and heading.................................................................
0
1 0
Barrel
“
“
.................................................................
0 0 3
Shingles....................................................................................................
0 6
Firewood..................................................................................... per cord
0
Free.
Rafts descending the river........................................................................
0
0 3
Passengers, each........................... ...........................................................
UPWARDS.

Railroad and pig iron, ores, fish, brick, lime, sand, gypsum, cement, stones,
wrought or unwrought, stoneware and earthenware, furniture and bag­
gage of settlers......................................................................... per ton
Coal and salt.............................................................................................
All other goods..........................................................................................
Steamers and other vessels, per ton measurement...................................
Passengers, each........................................................................................

0
0
0
0
0

2
1
5
0
0

0

1 3

6
3
0
H
6

ON THE WELLAND AND CHAMBLAY CANALS.

Same rates of tolls as at present collected, and on salt and coal per ton
CONNECTICUT RIVER RAILROAD.

This road extends from Springfield, Mass., to the line of Vermont, 52 miles, and
connects with the Vermont and Massachusetts Railroad, a short distance south of the
State line. From this junction the Vermont and Massachusetts Road extends to Brattleboro.
It only requires 22£ miles more of railway between Brattleboro and Bellows Falls
to complete the line from Wells River, Vt., to the city of New York. New York to
New Haven, 76 miles; New Haven to Springfield, 62 miles; Springfield to Brattle­
boro, 62 miles; Brattleboro to Bellows Falls, 22£; Bellows Falls to Windsor, 26 miles;




M ercantile M iscellanies.

135

Windsor to White River, 17 miles; White River to Wells River, 39-1 miles;— 305
miles.
The annual report of the Connecticut River Railroad states the cost at $1,588,874.
The receipts of the year are as follows:—From passengers, $88,637 ; freight, $71,807;
mails, express, «fcc., $4,798—total $165,242; being an excess of $41,290 over the cor­
responding year. The expenditures are $79,955, of which $53,558 have been laid out
on new engines and cars ; leaving a surplus of $86,797 to be divided, after paying in­
terest to the amount of $10,620, and reserving $39,884 for other contingencies, two
dividends of 4 per cent each.

MERCANTILE MISCELLANIES.
MERCANTILE LIBRARY ASSOCIATION OF BOSTON.
We are indebted to the government of this Association for a copy of its twentyninth annual report. It is a comprehensive, business-like document, and exhibits the
prospects and present condition of the Association in a favorable light. No institu­
tion of the kind in the country has been managed with more skill and judgment,
and no one has contributed so much to the moral and intellectual character of the
mercantile class in the city of Boston. During the past year, the officers seem to
have done all in their power to perpetuate and increase the prosperous condition
of its affairs. The institution has made no retrograde steps from the high position
it occupied when the ruling officers assumed its government; but on the contrary,
they seem to have increased its usefulness and success, far exceeding all previous
years. At the close of the year, eleven hundred and forty-five members were reap­
ing its benefits. Five hundred and seventy-nine volumes have been added to the
library during the year, 71 by donation, and 478 by purchase, at an expense of
$373 73. The Library has been thoroughly examined, and a new catalogue issued,
soon after the commencement of the official year. The whole number of books be­
longing to the Library at this time is 5,819 volumes. It appears by the secretary’s
report, that the finances of the association are in a healthy condition. The receipts
during the year, from all sources, amounted to $3,879 23, and the expenditures to
$3,727 80, leaving a balance in the hands of the treasurer of $151 43, and the as­
sociation wholly free from debt. The increased expenditures, since the association
moved into new rooms, has prevented any increase of the invested funds during the
year, which now amounts to $16,100. The funds, as we understand, are to be in­
vested in the erection of a suitable building for the use of the association. During
the last year, the sixth annual course of public lectures proved eminently successful.
The demand for tickets was unprecedented, every one being sold within a few days
after the first announcement of the course. The whole number of the tickets issued
was 1,300, of which 1,100 were taken by members. The receipts from the lectures
amounted to $1,527,•and the expenditures for the hall, lectures, <fec., to $1,411 61,
leaving a net profit to the association of $115 49. The reading-room of the associ­
ation is supplied with 89 newspapers, 28 daily, 61 weekly and semi-weekly, and 21
quarterly and monthly reviews and magazines. The exercises of declamation and
debate in this association are ably conducted. Valuable additions have been made
to the collection of coins and curiosities.
The report closes with the following well-timed, and pertinent remarks:—
In conclusion, the government would tender to the members their thanks for the
confidence that has been reposed in them, and for the sympathy they have received
during the year. As we compare the condition of the institution at the present time,




136

M ercantile M iscellanies.

the popularity it has attained with the community, and its elevated character, with
its condition but a few years since, when it was suffering for aid and support, a les­
son is taught us, that the same exertions that were then made to place the Assocition in the high position it now occupies, must now be made to sustain it there.
Let us all unite, then, and by our interest and zeal, show to those who have trans­
mitted the institution to us with an unsullied reputation, and to those who have so
liberally aided us by their benefactions, that their trust has not been misplaced, and
that we will use every exertion to sustain and elevate the M e r c a n t i l e L i b r a r y
A

s s o c ia t io n .

The following is a list of the officers of the association for 1849-50 :—
John Stetson, President; William H. Kennard, Vice-President; Levi L. Willcutt
Corresponding Secretary ; Charles H. Allen, Recording Secretary; Charles G. Chase,
Treasurer. Henry C. Allen, L. B. Jewell, George S. Blanchard, L. H. Tasker, E. C.,
Baker, S. P. Butler, C. B. Patten, and D. C. Hammond, Directors. D. N. Haskell,
Thomas J. Allen, E. C. Codwin, Warren Sawyer, and Francis G. Allen, Trustees.
George H. Briggs, John Stetson, W. H. Kennard, Charles H. Allen, and S. A. Dix,
Committee on Lectures.
IRON WAREHOUSE FOR CALIFORNIA.
One of these structures has been erected at Manchester, says Wilmer and Smith’s
Liverpool Times, and is now ready for shipment to California. The erection is 60 feet
long by 24 feet wide; it is 10 feet in bight to the under side of the eaves, and is cov­
ered by a roof with strongly-trussed principals of iron of a T section. To these prin­
cipals, and to the uprights at the sides and ends of the structure, are bolted the plates,
which average 5 feet long by 2 feet 6 inches, and the eighth of an inch in thickness.
The joints of these plates are made to lap over each other and fasten with bolts. The
foundation consists of a strong frame-work of timber, on which are screwed cast iron
molded bases about six inches deep, running all round the exterior. The window
sashes, ventilators, skylights, and gutters are of cast iron, and the doors and shutters
are of wrought iron strengly framed. The whole is put together with bolts, in such a
way that it can be taken to pieces and packed in small compass for shipment, and it
will require little trouble in the re-erection at San Francisco, every piece being marked
to show its place. We are informed that the iron was only received from the maker
a fortnight before the structure was completely fitted and fixed.
THE COMMERCIAL VALUE OF A NAME,
M. Alexis Benoit Soyer, says the Boston Chronotype, the presiding cook of the Re­
form Club, in London, has become so famous that his name alone has a high money
value. Of this the law reports of the late London papers give an amusing instance.
One Piper and Gibbs entered into a partnership for the manufacture and sale of a bev­
erage invented by Piper, and called “ Tortoni's Anana." Afterwards a Mr. Baker
joined the concern bringing a capital of £1,000. Still they were not content. Tortoni
was not the name to make mens mouths water for their divine drink. So they induced
M. Soyer to join on the understanding that he was to have one third o f the profits for
allowing the drink to be called S o t e r ’ s N e c t a r . It appears that the concern is so
flourishing that the other partners wished to cheat the inventor out of his share of the
gains, and hence a suit.
NO ENJOYMENTS FROM ILL-GOTTEN WEALTH.
If a man is a fool to expect wealth by dishonest means, he is a still greater fool if
he expects that wealth so acquired will afford him any enjoyment. Enjoyment did I
say ? Is it possible that in such a case any man can expect enjoyment ? What! en­
joyment for you—you who have attained wealth by falsehood—by deception—by ex­
tortion—by oppression—you expect enjoyment? Listen—listen to the hearty denun­
ciations of all honest men; to the awful imprecations of those you have injured; to
the reproaches of your family, whose name you have dishonored; to the accusations
of that conscience whose voice you have stifled, and to the wrathful thunder of that
heaven whose laws you have outraged! Listen to these—these are the enjoyments
that will attend your ill-gotten wealth—" He that getteth riches, and not by right, shall
leave them in the midst of his days, and at his end shall be a fooL”




T he Boole Trade.

137

THE BOOK TRADE.
1. —European Life and Manners; in Familiar Letters to Friends. By H e n b y C o l man , author of “ European Agriculture,” and the “ Agriculture of France, Belgium,
Holland, and Switzerland.” 2 vols. 12mo., pp. 360 and 392. Boston: Charles 0.
Little & James Brown.
The letters embraced in these two volumes were not, we are told by the writer, de­
signed for publication, and were evidently written (as they purport to be) to the au­
thor’s numerous friends in the United States during the five or six years (from 1843
to 1848) he spent in England and on the continent of Europe in gathering information
for his great work on European agriculture; but his friends have preserved them, and
on his return expressed a strong wish to possess them, and that is given as the reason
for their publication. In our view, they are far more interesting than the studied ef­
forts of the author writing for the public, instead of the individual friend. First im­
pressions, if not always to be trusted, are generally more vivid and more exact; be­
sides, there is a freshness in the familiar, off hand correspondence of an intelligent,
enthusiastic traveler, like Mr. Colman, that we look for in vain in the mere book-maker,
who weighs every expression, and who is constantly in doubt as to the propriety of
“ jotting down” this or that particular circumstance or incident. It seems to us that
no previous writer ever furnished so accurate and so minute an account of European
life and manners; and we are inclined to think, that in reading these letters, the un­
traveled American will be able to gather a more accurate knowledge of social life in
Europe, and particularly in England, than he can obtain from any other source, and
more accurate than he would be likely to get in the ordinary method by traveling over
the same ground, unaided by the singularly favorable auspices which Mr. Colman en­
joyed. Mr. Colman avoids dwelling upon the miserable condition of the lower classes
of European society, and very naturally expatiates with delight on the extraordinary
and most exemplary kindngss and hospitality which he everywhere experienced. This
hospitality presents, he says, in English life and society the most beautiful traits of
character, and makes one proud of his descent from a race of men so truly noble, so
generous, so kind, so polished, and so enlightened; and “ it must,” he adds, “ excite to
reciprocity, and a generous emulation in kind offices, as well of a public as of an in­
dividual character, the golden chain bv whiclr two great nations, sharing the same
blood, speaking the same language, ana allied by innumerable common interests, can
be bound indissolubly together.”
2. — The Earth and Man: Lectures on Comparative Physical Geography, in its Rela­
tions to the History o f Mankind. By A rnold Guror, Professor of English Geogra­
phy and History, at Neufchatel, Switzerland. Translated from the French by Pro­
fessor Agassiz of Harvard University. 12mo. pp. 310. Boston: Gould, Kendell &
Lincoln.
This volume contains twelve lectures, delivered by the author, by invitation, in
French, in one of the halls of the Lowell Institute, in Boston, between the 17th of Jan­
uary and the 24th of February of the present year. Professor Agassiz, of Harvard
University, a friend of the author from childhood, as a fellow-student in college, and as
a colleague in the same University, bears the most unequivocal testimony as to the at­
tainments of Guiot; and in regard to these lectures, says that “ several of the most
brilliant generalizations developed in them, are his ; and if more extensively inculca­
ted, will not only render the study of geography more attractive, but actually show it
in its true light, namely, as the science of the relations which exist between nature and
man, throughout history; of the contrasts observed between the different parts of the
globe; of the laws of horizontal and vertical forms of every land, in its contacts with
the sea; of climate<&c. Other gentlemen of the highest character and attainments,
as Professor Ticknor, Charles Sumner, Professors Benjamin Pierce and Felton, who
heard or have read the lectures, are equally decided in their expressions of approval.
With such testimonials, it would be a work of supererogation on our part to attempt
to add anything by way of commendation. We may, however, be permitted to allude
to the style of printing, and the illustrations accompanying the text, as excellent, in
every respect.




138

The B ook Trade.

3.— The Book o f the World, being an account of all Republics, Empires, Kingdoms,
Nations, in reference to their Geography, Statistics, Commerce, dec. dec., together
with a brief outline of their Rise, Progress, and Present Condition. By R ichard
S. F isher , M. D. Illustrated with maps and charts. Two vols. royal 8vo. pp. 614—
705. New York: J. H. Colton.
The “ Book of the World” is intended to supply to the merchant and scholar a work
to which they may refer for the most recent and reliable information on the present
condition of the world. We have inspected its pages with considerable interest, and
are happy to state that its pretensions and merits have been sustained throughout.
The arrangement of the subjects treated is one that, while it preserves a strictly sci­
entific context, is easy of reference. The first section treats of the world as a whole,
its extent, divisions, population, <fcc., after which follows, under separate sections and
subsections, minute accounts of its several parts, the first volume being confined ex­
clusively to descriptions of North America, the West Indies, and South America, and
the second to those of Europe, Asia, Africa, Oceanica, and the newly discoved Polar
lands. In these sections the details of the statistics and economy of each nation are
separately considered. The work, as a whole, may be said to constitute a library
within itself. There is no point scarcely, in art, science, literature, economy or, history
at all appropriate to the subject treated upon, which, on reference to the work, will
not be found fully elucidated, and the aim of the author seems to have been to con­
dense into as small a space as possible the entire circle of human knowledge. We
cannot take leave of these volumes without expressing our admiration of the beautiful
style in which they are got up. The illustrations, consisting of maps and charts, are
excellent, and the typography without a fault. On the whole, indeed, it is not only a
creditable work, but one that seems to have engaged in its production the energies and
talents of the author, the typographer, and the publisher, who, individually and collec­
tively, have made it truly a welcome addition to our standard commercial literature.
We bespeak for it a successful career.
4. — The life and Writings of Be Witt Clinton. By W illiam W . C ampbell, author
of “ Border Warfare.” New York: Baker & Scribner.
The career of De Witt Clinton was both brilliant and useful. From his first entrance
into public life until his death, it was his good fortune to be the constant recipient of
station, which favor he repaid by a steady and unceasing devotion to the advancement
of the prosperity of his native State. That great achievement of modern times, the
Erie Canal, stands as a proud monument to his memory, and the present generation
are now reaping the benefit of his foresight, wisdom and energy. Every thing con­
nected with this distinguished man possesses great public interest. The present
volume contains an interesting sketch by Mr. Campbell, whose attainment as a scholar
are well know, and many of the writings of Clinton, for the first time published,
among which is his interesting private journal kept during the survey of the route for
the canal. The book forms a valuable contribution to the literature of the present day.

5. — The Universal History, in a Series of Letters ; being a Complete and Impartial
Narrative o f the most Remarkable Events of all Nations, from the Earliest Period
to the Present Time; forming a Complete History of the World. By G. E. H ebbe,
LL. D. Yol. II. Ancient History. New York: Dewitt & Davenport.
We noticed in terms of high but deserved commendation the first volume of this work,
which was completed in parts some months since. The second volume before us opens
with some preliminary remarks on the history of the Hebrews, and is devoted mainly
to the history of the “ chosen people of God,” chosen, as many other people have been,
as instruments to execute some great purpose. Dr. Hebbe, however, discards the su­
perstitious and ignorant appellation of the term “ chosen people,” to denote that the
Hebrews were the particular favorites of the common Father of all mankind. His
views of history are natural and philosophical, and he has succeeded in investing the
present undertaking with an unusual degree of interest. With access to the best at­
tainable data, we have every reason to believe that it is as reliable as it is convenient
to render such works.
6. — The second part of George Virtue’s Pictorial Edition of the Poetical Works
of Lord Byron contains two beautiful illustrations, namely, “ The Witch of the Alps”
and “ Neuba, the fierce, the faithful, the adored.” The engravings are highly finished,
and, with the illustrative notes, impart a value to the present edition of Byron that
cannot fail of securing for it the favor of all persons of a refined and cultivated taste.




T he B ook Trade.

139

— Treatise on Epidemic Cholera; being Lectures delivered under the Authority
o f the Eacidty of Medicine of Paris. By A mbrose T ardieu, M. D., Adjunct Pro­
fessor in the Faculty of Medicine; Physician of the Central Bureau of the Hospital
of Paris. Translated from the French by Samuel Lee Bigelow, M. D., with an
appendix by a Fellow of the Massachusetts Medical Society. 12mo., pp. ‘286. Bos­
ton: Ticknor, Reed & Fields. New York, G. P. Putnam.
This work embraces not only a general historical sketch, but a comparative history
of the various epidemics of cholera anterior to 1830, and from that year to 1832, and
to 1845 and 1848, together with a description of its symptoms, complications, secon­
dary operations, course, duration, termination, and forms. One chapter is devoted to
the pathological anatomy of the disease ; another to the influencing cause; another to
the diagnosis; another to the treatment; and the last to the sanitary measures. From
the large per centage of the cases which prove fatal, we are lead to infer, that what­
ever light experience may have shed upon other parts of the subject, but little progress
has been made in the matter of its successful treatment. The elaborate exposition of
the sanatary measures adopted in France, England, and Russia, can hardly fail, how­
ever, to furnish some useful suggestions, relating to the formation of public boards,
or committees of health, or to carrying into effect the measures of those already ex­
isting. In addition to the original translation from the French by Dr. Bigelow, we find
an appendix, prepared by a Fellow of the Massachusetts Medical Society, occupying al­
most as many pages as the work itself.
7.

8. — The Genius o f Italy; being Sketches o f Italian Life, Literature, and Religion.
By Rev. R obert T urnbull, author of “ The Genius of Scotland,” etc. 12mo., pp.
332. New York: George P. Putnam.
The object of Mr. Turnbull in this book is not, it would seem, so much to write in­
cidents of travel, or descriptions of scenery, roads, public buildings, and that “ sort of
thing,” with which most volumes on Italy are filled to repletion, as to furnish some
idea of the real character and spirit of the Italian people, to give brief, vivid glimpses
of their life, literature, and religion, as these are embodied in men and books, in his­
tory and usages. In order to do this with greater freshness and interest, the author
takes his readers along with him through the principal parts of the country, especially
the larger and more influential cities, indulging only in such occasional descriptions of
scenery and localities as may furnish a sufficient background for his observations, or a
becoming frame-work for his portraits. The plan is similar to that pursued in his
“ Genius of Scotland,” published a year or two since, with perhaps less of description
and incident, and more of history and biography, general observation, and reflection.
This work, though more carefully finished and containing a greater amount of informa­
tion, possesses a similar character, and will, we presume, be read with equal, if not
greater interest at the present time.
— Visits to Monasteries in the Levant. By the Hon. R obert Cruzon, J r. With
numerous wood cuts. 12mo., pp. 390. New York: Wiley <fc Putnam.
The present book of travels in the East consists of the reminiscences of the author,
written and printed some ten or fifteen years after the journey, when, as our friend of
the Literary World remarks, time and experience, much reflection, and probably fre­
quent narrations, had washed away, in the siftings of the memory, all the common
earth and grosser particles, to leave the last golden product. The same authority pro­
nounces it a book of gentlemanly, liberal, scholarly interest; resembling, in some of
its features, Beckford’s Spanish Excursions, and the vivid eastern reminiscences of
Eothan in others. It contains a series of adventures in Egypt in 1833, and introduces
the reader to the monasteries near the Natron Lakes, the Convent of the Pullery, the
ruined monasteries of Thebes, the White Monastery, <fcc., <fcc. The costumes are from
drawings made at Constantinople by a Maltese artist, and are all portraits represent­
ing the costumes worn at the present day in different parts of the Turkish empire.
On the whole, we regard this as one of the most interesting works on the East that
have been published, and one that will take a permanent place among the standard
books of Eastern travel.
9.

10. — The Nursery Book: fo r Young Mothers. By M rs. L. C. T uthill. New York:
George P. Putnam.
This little volume, and we speak on the authority of one in whose judgment we
place the most implicit confidence, a well educated and sensible mother, contains many
valuable hints touching the training of the nursery, in all its relations to the physical,
intellectual, and moral progress of the infant and the child.




14 0

T he B ook Trade.

11. —State Trials of the United States ; being the Administrations o f Washington and
Adams, with references historical and professional, and preliminary notes on the
Politics o f the Times. By F rancis W harton, author of “ a treatise on American
Criminal Law,” etc. 8vo. pp. 721. Philadelphia: Carey & Hart.
This work is a valuable record of important State trials, from the year 1793 to the
year 1800, with all the documentary evidence which is requisite to elucidate them, ar­
ranged in their proper order. The right understanding of those trials is of great utility,
for they involve facts and principles which have an important bearing upon the crimi­
nal jurisprudence of the present day. The compiler has industriously examined nu­
merous documents throwing light upon the subject, and has embodied the reports of
those cases in an intelligible form, which furnishes to the lawyer, as well as to the
reader, an authentic work of general reference. He remarks, that by putting together,
“ the information which is scattered through newspapers, almost extinct, or in letters,
many of which are not yet published, much labor may be spared to the student, and
much aid given to the general reader.” The volume is moreover accompanied by pre­
liminary notes of the politics of the times during the administrations of Washington
and Adams, in which much new and interesting historical information is exhibited.
We commend it to the attention of the legal profession, as well as to the public gen­
erally.
12. —Narrative o f the United States Expedition to the River Jordon and the Dead Sea.
By W. F. L ynch , U. S. N., Commander of the Expedition. With maps and numer­
ous illustrations. 8vo. pp. 508. Philadelphia: Lea <fc Blanchard.
The expedition, of which the present work constitutes the narrative, was prosecuted
under the auspices of the navy department. It sailed on the 26th of November, 1847,
and was successful in executing a thorough exploration of a region but little known,
and invested with sacred associations. The record of the expedition is made by the
individual who had the most favorable opportunity of observing the facts connected
with its progress, and in this fact we have an ample voucher of its general accuracy.
He has described the route through which he passed, comprehending some of the most
prominent cities and imposing ancient monuments of the East, in a clear and eloquent
style. The volume is, moreover, illustrated with maps, and also with numerous en­
gravings, which were taken upon the spot, and may be deemed, accordingly, faithful
delineations of the persons and places they depict. The entire volume, indeed, is
highly creditable to the genius and research of the author, and we doubt not that it
will be favorably received by those who are interested in the region which it de­
scribes.
13. — An Historical Geography o f the Bible. By the Rev. L yman C olman. Illustrated
by Maps, from the latest and most authentic sources, of various countries mentioned
in the Bible. 12mo., pp, 489. Philadelphia: E. H. Butler & Co.
The design of the compiler of the present work is to interest the reader in the study
of Scripture, by directing his attention to the historical incidents therein recorded, in
connection with a geographical description of the locations mentioned in the progress
of the history. History and geography are inseparable, and should ever be connected,
as in the present work. To one who has no knowledge of biblical history and geog­
raphy, the Bible is but an antiquated record of dim and distant events, about which
he knows nothing and cares less. As a companion to the Bible, and as an aid to the
study of its history, we believe that this work will be found extremely useful.
14. — A Treatise on the Diseases o f Sexual System; adapted to Popular and Profes­
sional Reading, and the Exposition o f Quackery. By E dward H. D ixon , M. D.
New York: Dewitt & Davenport.
The first of these works has passed through seven large editions, and the second
eight; an evidence of their popularity, or of the interest taken in the subjects discuss­
ed. The author of them was a pupil of Dr. Mott, and has been a practitioner of some
eighteen years standing. The press, without an exception, so far as we know, has
commended both works for the utility of the information they contain, for the great
delicacy and care with which they are written, and for the apparent desire of the au­
thor to communicate truth with the utmost force and earnestness. Our impression is,
that the commendation bestowec? is in the main well merited, and that they afford
much, information which is well calculated to enlighten the minds, and alleviate the
sufferings of woman in all the ordinary relations and conditions of her being.




T he B ook Trade .

141

15. — Man Primeval; or, the Constitution and Primitive Condition o f the Human Be­
ing. A contribution to Theological Science. By John H arris, D. D., President of
Clieshunt College, author of “ The Great Teacher,” “ The Great Commission,” “ Mam­
mon,” “ The Pre-Adamite Earth,” etc. 12mo. pp. 480. Boston: Gould, Kendall, &
Lincoln.
The author of this work is now well known throughout England and America as a
learned and able theologian, and by his numerous contributions to the religious litera­
ture of the day. The subjects discussed in this volume involve considerations of the
first importance to the human race; and however much any one who may be induced
to peruse the work may, be compelled to differ in regard to the reasoning and the re­
sults of that reasoning, few, we are quite sure, will be inclined to dispute either the
ability or the candor of the author. We are rejoiced at every effort made in the
Church (now not uncommon among the brightest intellects who minister at its altars)
to show that Nature and Providence are not two hostile claimants, and that whatever
importance is ceded to the one, is not so much homage taken from the other; that a
religion that will not stand the test of philosophy and science, is not the religion of
Divine Wisdom, but a false and impracticable superstition. The work of Mr. Harris
is logical and highly suggestive, and may be considered as one of the ablest contribu­
tions to religion and morality in a scientific aspect that has been made during the pres­
ent century. The author maintains that “ the God-made man, and the God-inspired
word, are two parts of one whole—two compartments of one t e mp l e a nd that “ he
who reserves all his difficulties and questionings for the inner, shows that he has passed
through the outer court blindfolded.”
16. —Life and Times o f Silas Wright, Late Governor o f the State o f New York.
By Jabez D. H ammond. 8vo., pp. 749. Syracuse : Hall & Dickson.
The present volume contains a full, and we doubt not accurate biography of an in­
dividual who has long sustained the position of an able and logical debater of what
is denominated the Democratic Party. A prominent leader of this party, who has
filled some of its most responsible offices, both under the State and national govern­
ment, his career has been in a great measure identified with the recent political histo­
ry of the State of New York. He possessed intellectual endowments of a more than
ordinary character, and his public deportment before the country was uniformly modest,
temperate and courteous. The author has industriously collected a large amount of
matter throwing valuable light upon the local politics of the State. We have no
doubt that the work will be read with interest by the party to which the late governor
was particularly attached, and meet also with a wide general circulation.
17. —History of Maryland. From its First Settlement in 1634, to the year 1848.
J ames M cS herry . 8vo., pp. 405. Baltimore : John Murphy.

By

It is the design of this work to exhibit a comprehensive and condensed history
of the State of Maryland, from its earliest colinization to the present time; and the
author has ably executed his plan. The former works illustrating the history of this
State by Borman, and the more recent unfinished history of Mr. McMahon, now a
leading member of the bar of Baltimore, although of high value, and more minute
in particular details, are less wide in their scope, and less popular in style. In its
compilation, the most authentic records upon the subject have been examined, and
it is, moreover, appropriately embellished with engravings^which contribute much to
its value.
18. — The History o f England, from the Accession o f James II. By T homas B abington M acaulay.
2 vols. 8vo. London: Brown, Green <fc Longman’s. Philadelphia:
Reprinted by E. H. Butler <fc Co.
Some three or four editions of this work have been produced in this country, by as
many publishers. Those who prefer the orthogrophy of the original English edition,
will of course purchase this, as Mr. Butler informs us that the utmost care has been
taken to give an accurate reprint of the London edition, printed under the supervision
of Mr. Macaulay himself. Those who prefer the orthography of Webster, adopted by
the Brothers Harper, will of course purchase their edition of the same work. For our
own part, we would not turn up a copper for a choice, although, for the sake of system,
we have recently directed our printer to follow Webster in the orthography of the
Merchants' Magazine ; still, in writing, we use the orthography that comes uppermost,
or that habit has rendered familiar.




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The B ook Trade .

19. — Outlines of a New Theory of Disease, applied to Hydropathy, showing that wa­
ter is the only remedy ; with observations on the errors committed in the Practice of
Hydropathy ; Notes on the Cure of Cholera by water ; intended for popular use. By
the late H. F rance, late Director of the Hydropathic Institution at Alexandria,
Bavaria. Translated from the German by Robert Bakie, M. D., late of Madras
Medical Establishment. 12mo. pp. 271. New York: John Wiley.
This work contains physiological and patheological proofs that medical treatment
must always inflict injury. It contains also the outlines of a new system of pathology,
deduced from the results of the new method of cure, and from acknowledged physio­
logical principles. The author attempts to show that the pathology and the thera­
peutics of physicians are in contradiction to that pathology which they themselves re­
cognize and teach, and that H. Francke’s contains nothing that is not a logical conclu­
sion from human physiological principles. To quote from the preface of Dr. Meeker’s
translation of the same work, under another title, published a year or two since, by
Fowler Wells, it “ portrays a true picture of the nature of diseases, detailing, in par­
ticular, and drawing a strict line of antithetical distinction between the medical and
hydriatic method of treatment and cure.”
20. —Leaves from Margaret Smith's Journal in the Province o f Massachusetts Bay,
1678-9. 18mo., pp. 224. Boston: Ticknor, Reed & Fields.
The design of the writer of this journal is to present a picture of the spirit and ge­
nius of the people of Massachusetts Colony some fifty years after its first settlement—
to introduce, as it were, the reader of the nineteenth century familiarly to the hearths
and homes of New England in the seventeenth century. The characters, we presume,
are real, and Mr. Whittier, so far as we are capable of judging, has succeeded to a
charm in imitating the quaint and simple phraseology, while exhibiting the prevailing
prejudices and errors, of the period to which it relates.
21. —Sharp's London Magazine. London: Arthur Hall & Co. New York: George
Virtue.
The April number of this excellent miscellany opens with a beautiful line engraving
of the statue of Arnold Van Winkelreid, at Stautz, and another illustration of Robin
Hood, representing his death and burial. Among the original contributions, we are
furnished with an interesting paper on the Discovery of the Mississippi, and Banvard’s
Panorama, which is attracting so large a share of the public notice in London. It is,
altogether, one of the best issues of a uniformly useful and interesting miscellany, and
we are gratified in being able to state that it is rapidly growing in favor with a large
class of readers in this country.
22. — The History of Marie Antoinette o f France. By J ohn S. C. A bbott. 16mo.,
pp. 322. New York : Harper & Brothers.
The biography of the Queen of France is here presented in a condensed and sim­
ple style, and it conveys a valuable lesson. The author, without attempting to sketch
the more general relations of the history of the times in which she flourished, has con­
fined himself to a brief narrative of the more prominent incidents which marked her
life. In this we behold the career of a prominent actor in one of the most terrific
dramas which has ever blackened the annals of the past—a drama which originated
from well-known causes, but which finally developed brutal passions, rank injustice,
and ultimate ruin to those who were its principal agents and movers. The volume is
embellished with several well-executed engravings.
23. — The American Farm Book : a compend o f American Agriculture ; being a prac­
tical treatise on Soils, Manures, Drainings, Irrigation, Grasses, Grain, Boots,
Fruits, Cotton, Tobacco, Sugar Cane, Rice, and every Staple Product of the United
States, with the best methods o f Planting, Cultivating, and Preparing for Market.
Illustrated by more than 100 Engravings. By R. L. A llen, author of Domestic
Animals, and Editor of the “ American Agriculturalist.” 12mo. pp. 325. New
York: C. M. Saxton, 121 Fulton-street.
On all the subjects enumerated in the title as quoted, Mr. Allen has contrived to
furnish a vast amount of valuable and practical information, in a clear, condensed, and
comprehensive form. The present volume, we understand, is intended as one of the
first in the series of lessons for the American farmer; and of course it contains but
little more than a summary of the principles and practice by which he should be
guided, in the honorable career he has selected. The author is not only a scientific
farmer, but his knowledge is based upon a large experience in practical agriculture.




The E d itor o f the M erchants’ M agazine to his P a tron s.

143

T H E E D I T O R TO I I I S F R I E N D S A N D P A T R O N S .
O ffice

of the

New

M erchants’ M agazine , )
Y ork , J u ly 1, 1849.
j

W e feel that we are taking a sort o f liberty (a liberty, however, for which we
shall offer no apology) in sending to our readers, with the present number o f the
“ Merchants’ Magazine and Commercial R e v i e w the first o f the t w e n t y - f i r s t
volume, and o f its second decade, a portrait o f the Editor. Some authors deem
themselves priviliged or licensed to prefix their counterfeit presentment to their
first book, when their name is as little familiar as their features, and their features
derive no additional interest from their name. Our ten years’ labors, our twenty
volumes, viginti lib r or tjm lucubratianes, might perhaps entitle us to an equal
right had we any itch for the digito monstrarier, and felt disposed to claim it. But,
shall we confess it ? (and it is, perhaps, for one o f those dry statisticians, whom
popular opinion is apt to set down as beings devoid o f feeling, and dealing in no
figures but the numerals, something o f a confession) the feeling that influences
us on the occasion is somewhat of the sentimental kind.
The motive which leads friend to send to friend the likeness o f features which
the intercourse of years and old associations have rendered interesting, is as natural
as it is proper. The intercourse which, during the last ten years, has existed be­
tween the Editor of the Merchants' Magazine and his numerous readers, the si­
lent intercouse o f mind with mind, springing out o f a common interest, on his
part as Editor— on theirs, as readers on the same important topics, is not o f pre­
cisely the same kind as that o f friend with friend. W e shall not, therefore, pre­
sume to speak for the many readers or friends (if they will allow us to call them
so) in New York and throughout the United States, Cisatlantic and Transatlantic,
and we may say in the four quarters o f the “ Great Globe itself,” for whom we
have labored during the last ten years. What may be their feelings towards the
humble individual who has, in this work, put forth his best energies to supply a
want long felt, and to furnish to a most enlightened class o f readers, at once, an
organ for their views, and a Magazine o f information for their use, it is not for
him to guess. But for himself he can say, that, as he has advanced with his work,
every year gaining larger views and a clearer conception o f the extent, the length,
and the breadth o f the great field o f Mercantile Science, which it has been his
business and his pleasure to explore; as his information and sources o f informa­
tion have increased and multiplied; as, in short, his knowledge o f his subject, and
with it his love o f his subject, have grown and strengthened, a kindly nearness of
feeling has at the same time grown up in his own mind towards the large and in­
creasing circle o f readers for whom he has labored, and many o f whom have ac­
companied him with their approval and support from the beginning o f the work.
The difficulties which attended that beginning, the labors that had to be per­
formed, and the obstacles to be surmounted before the work could be established
upon a broad and safe basis, are known best to him who is least willing to speak
o f them— the Editor himself. But this much we may say, that the idea o f the
“ Merchants' Magazine ” was no sudden thought, was not suggested by mere ac­
cident, It was a long time the subject o f much thought and deliberation before
any active steps were taken towards carrying it out. In casting the eye around
in the difficult search after some useful, but unoccupied, comer in the wide field
o f literature, it seemed to the Editor as if every point was already occupied, every
branch represented, except one, and that the very important subject o f Commerce
and the Mercantile Interest. On the one hand the professions, the Divine, the
Lawyer, and the Physician, the Farmer also, and the Mechanic, had each, one or
more organs and exponents in the periodical press. Even the Railroad Interest, new
as it then was, had found a voice through the press; while Commerce, more or less
connected with all other pursuits, was unrepresented. While the business con­
cerns o f Commerce filled the huge columns o f the daily press with advertise-




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T h e E d ito r o f the M erchants' M agazine to his P a tron s.

merits, and with shipping intelligence, and with matter relating to the every-day
details o f Merchandise, on the one hand, there was not a single Magazine, of high
or low pretensions, either in America or, to the best o f our knowledge, in Europe,
to represent and to advocate the claims o f Commerce. Those who have seen
how much has been done within the last ten years, who have profitted by the
learned labors o f McCulloch and Macgregor, o f Taylor, Tucker, Cary, Kettell,
and Seaman, and have noted how rapidly the class of periodicals devoted more or
less directly to mercantile subjects has increased, have but an inadequate idea how
little had been previously done. There were one or two Dictionaries o f Com­
merce, and a few works intended for practical purposes. But a Literature o f
Commerce did not exist even in name. The idea, and the thing itself, were yet
to be developed. In 1839, the Merchants' Magazine and Commercial Review was
established, without, we confess, so clear a conception, as after experience has
furnished, o f the full import o f the term C o m m e r c e , in its broadest, largest, and
truest sense or signification. Every branch o f industry, almost every pursuit may
be said to eomc within its range. The interests o f Agriculture and Manufactures,
which produce, are identified with the interests o f Commerce, which distributes.
The great topics o f Banking and Finance, o f Railroad and Canal Communication,
o f Mining, and of Navigation by Steam and Sail, are all involved in the one great
topic o f Commerce. A large part of the Legislation o f States and Nations is
devoted to the regulation o f commercial operations. Courts o f Law and Equity
are daily deciding points in Mercantile Jurisprudence, growing out o f the constantly
varying circumstances o f commercial enterprise. IIow liberalizing and expanding
are the pursuits o f Commerce, thus understood, in their effect upon the mind is
obvious, and is often remarked. The wants and the necessities o f all nations, o f
all races o f men, form elements in the calculations o f the true Merchant. He
studies the condition and finds out the wants o f all to relieve them. It is his in­
terest, it becomes also his pleasure to do so. He learns to look upon all nations
as knit together by the ties o f mutual dependence, to regard all men as kindred.
The mercantile student learns the same lesson. To teach that lesson h a s b e e n ,
and s h a l l b e , one o f the great purposes o f the Merchants' Magazine. The Ed­
itor regards it as not the least of the happy results o f the labors and studies to
which his taste and his duty have led him in conducting this Magazine, that they
have strengthened and confirmed the disposition to look upon all men as Brethren,
and to regard with favor all measures which tend to unite them together in the
Unity o f Peace, and to promote the reform of ancient abuses, however venerable.
If the labors o f the Editor in this broad field have availed anything, if in par­
ticular he has done aught to direct literary effort into the hitherto neglected de­
partment o f Commerce, to promote the study o f it as a Science, and to establish
something worthy o f the name o f the L i t e r a t u r e of C o m m e r c e , he will deem
it a matter for rejoicing, but not boasting. Our thanks for the past we need not
repeat. Our promise for the future is best guaranteed by past performance, and
on commencing the' t w e n t y - f i r s t volume, and second decennium, the Editor feels
that, in the true Cosmopolitan spirit towards all mankind, without mental reserva­
tion o f any caste or creed, but with, perhaps, a little hightened emotion towards
the readers and patrons o f the Merchants’ Magazine, he can subscribe himself,
With great regard, your friend,




FREEMAN HUNT.