Full text of The Merchants' Magazine and Commercial Review : November 1840, Vol. III, No. V

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H U N T ’S
I

MERCHANTS’ MAGAZINE.
N O V E M B E R ,

1840.

A rt. I.— T H E A M E R IC A N W H A L E F IS H E R Y .
IMPORTANCE OF THE W HALE FISHERY TO THE UNITED STATES---- ITS FOREIGN
ORIGIN— 'IT?

ORIGIN

IN

THE

UNITED

STATES---- CAPTURE

OF

THE

FIRST

WHALE---- FIRST SPERMACETI WHALE TAKEN-----THE PROGRESS OF THE FISH­
ERY---- MANUFACTURE OF SPERM CANDLES COMMENCED-—DECLINE DURING THE
REVOLUTION---- ESTABLISHMENT OF A COLONY AT HALIFAX---- CONDITION FROM

1787

TO

1789---- VESSELS

EMPLOYED IN THE WHALE FISHERY, AND IMPOR­

TATIONS OF OIL---- SUSPENDED DURING THE W A R OF

1812-----IMPORTATIONS

OF

OIL---- THE OCEAN---- SPERM AND RIGHT WHALE---- 'OUTFITS---- .INSTRUMENTS OF
THE WHALE

FISHERY-----CHARACTER

OF THE SAILORS---- ‘LEGAL DISCIPLINE

ON BOARD SHIP---- MODE OF CAPTURE---- INCIDENTS---- PREPARATION OF OIL----WHALEBONE---- EMINENT WHALEMEN---- POINTS OF RANGING GROUND---- CON­
CLUSION.

W e propose in this paper to enter into a somewhat enlarged account o f
that branch o f commerce which is prosecuted from the United States under
the name o f the whale fishery. The importance o f this traffic, not only in
its profits, which have, perhaps, been greater than those o f any other single
object o f our national enterprise, the capital which is invested in its expe­
ditions, embracing nearly one tenth part o f the tonnage o f the country, the
importance o f the moral interests which it involves, comprising the condi­
tion o f that large and valuable class o f seamen who are its active agents,
and the circumstances bordering on the sublime which attend its hazardous
expeditions, all render it an interesting subject to our commercial and mer­
cantile population.
The origin o f the whale fishery w e may justly trace to a foreign country.
The Norwegians, it seems, were accustomed at an early period to take the
whale in a casual manner, but without any system ; and the Biscayans
appear to have first adopted it as a settled pursuit, and carried it on with
great vigor and success, from the twelfth to the fourteenth century. It
would also seem that the voyages o f the Dutch, as well as the English, to
the Northern Ocean, for the purpose o f discovering a passage to India,
VOL. III.— no. v.




46

362

The American Whale Fishery.

disclosed the haunts o f the whale, which swarmed in those seas, and measures
were soon adopted, both by the Dutch and English, for the purpose o f its
capture. It is a singular fact that during the middle o f the seventeenth
century, houses were fixed upon the northern shore o f Spitzbergen, and
provided with tanks, boilers, and all other necessary apparatus for the pur­
pose o f boiling the blubber, and preparing the bone for market. The Dutch
whale fishery was in its most prosperous state during the year 1680, when
it employed about 260 ships and 14,000 sailors. The English whale fishery
was carried on by an exclusive company, like that o f Holland ; and in 1725
the South Sea Company embarked to a large extent in the trade, and pro­
secuted it with vigor for about eight years, when they relinquished the en­
terprise, having suffered considerable loss. So also the French and other
nations formerly embarked in the same traffic, with considerable success.
A s far back as 1667, we have in the second volume o f the Philosophical
Transactions, a letter from Mr. Richard N orw ood, who resided at the
Bermudas, which states that the whale fishery had been carried on in the
bays o f those islands for two or three years.
A year or two afterwards,
the whale fishery was proposed by a Mr. Richard Stafford, who remarks
that he had killed several black whales himself. “ I have been,” says he,
“ at the Bahama Islands, and there have seen o f this same sort o f whale (the
spermaceti) dead on the shore, with sperma all over their bodies ! M yself
and about twenty others have agreed to try whether we can master and
kill them, for I never could hear o f any o f that sort that was killed by any
man, such is their fierceness and swiftness.” “ One such whale,” said he,
“ would be worth many hundred pounds.” * A place called N ew Provi­
dence, among the Bahamas, soon afterwards became distinguished as a
whale fishing station. Before these colonies had proposed any thing o f the
sort, however, we find that the Indians upon the shores o f North A m erica
were accustomed to adventure out from the coast in their canoes, and
pierce them with their lances, or other instruments o f the same kind, which
were fastened to blocks o f wood by strings. These blocks were thrown
overboard the moment that the instruments penetrated the body, and the
attacks thus made appear to have been renewed the moment the whale
showed himself on the surface, so that these monsters were finally worried
to death. The attacks thus made by these imperfect instruments seem,
however, to have been generally directed upon the young ones near the
shores, that were towed to the coast, and the fat taken o ff from only one
side, as they possessed no knowledge which would enable them to turn
over the animal. It is obvious that the larger sort o f whales must have
effectually resisted the attacks o f the savages with such rude weapons, and
the demand for the oil, which, upon the northern part o f the continent, they
were accustomed to use as food, was but limited. These casual attacks
o f the whales that frequently strayed near the coast, cannot, we think, be
considered even the foundation o f the whale fishery as a regular system o f
traffic, the animals having been procured for a far different purpose than
that o f commerce. Without going into a particular account o f these foreign
fisheries, we enter at once into a consideration o f the rise and progress o f
the whale fishery in our own country.
The hardy enterprise o f N ew England is entitled to the credit o f carry­
ing out the whale fishery to the largest extent, and with the most brilliant




See Philosophical Transactions, vol iii.

The American Whale Fishery.

308

success. The occupants o f this region o f the country, cast along the seashore, and upon a soil barren, rocky, and inviting in a very small degree
the labors o f agriculture, at an early period directed their adventurous
enterprises to the sea. Y et their extraordinary vigor and daring, aided by
the elasticity o f their climate, their comparative poverty and their simple
virtues, more than counterbalanced the consequences which would other­
wise have resulted from the barrenness o f their soil. The population bor­
dering the shores o f the sea turned their attention to its abundant resources,
and their farms were on the ocean. N or did the remarkable traits o f har­
dihood and perseverance which they exhibited in this branch o f commerce,
running down to the period o f the revolution, escape the notice o f distinguished statesmen abroad. Their enterprise in this respect, it is well
known, received a just and splendid eulogium from Edmund Burke, on the
floor o f the British parliament, in his speech delivered in 1774, upon
American affairs. “ A s to the wealth,” said he, “ which the colonists
have drawn from the sea by their fisheries, you had all that matter fully
opened at your bar. Y ou surely thought these acquisitions o f value, for
they seemed to excite your e n v y ; and yet the spirit by which that enter­
prising employment has been exercised, ought rather, in my opinion, to
have raised esteem and admiration. And pray, sir, what in the world is
equal to it ? Pass by the other parts, and look at the manner in which the
N ew England people carry on the whale fishery. W hile we follow them
among the tumbling mountains o f ice, and behold them penetrating into the
deepest frozen recesses o f Hudson’s Bay and Davis’ Straits ; while we are
looking for them beneath the arctic circle, we hear that they have pierced
into the opposite region o f polar cold, that they are at the antipodes, and
engaged under the frozen serpent o f the south. Falkland Island, which
seemed too remote and too romantic an object for the grasp o f national
ambition, is but a stage and resting-place for their victorious industry.
N or is the equinoctial heat more discouraging to them than the accumulated
winter o f both the poles. W e learn that while some o f them draw the line
or strike the harpoon on the coast o f Africa, others run the longitude, and
pursue their gigantic game along the coast o f Brazil. N o sea but what is
vexed by their fisheries; no climate that is not witness to their toil.
Neither the perseverance o f Holland, nor the activity o f France, nor the
dexterous and firm sagacity o f English enterprise, ever carried this most
perilous mode o f hardy industry to the extent to which it has been pursued
by this recent people,— -a people who are still in the gristle, and not yet
hardened into manhood.”
This traffic was commenced in Nantucket, an island in Massachusetts
which looks out upon the Atlantic, and receives upon its shores the whole
sweep o f the ocean. Colonized, as it first was, by an adventurous and
hardy race o f settlers from other parts o f Massachusetts, the colonists had
ample means and motives to push their enterprises upon the waters o f its
neighboring coasts. W e have a traditionary account o f the first expedi­
tion which was set on foot from this island for the capture o f the whale.
It appears that one o f the species called “ scragg” was descried in the har­
bor o f the infant colony, where it remained spouting and gambolling around
the shore for three days. Measures were soon adopted by the settlers who
were the original purchasers o f the island, for its capture. A n harpoon,
rude in its form, was invented and w rought; and after a severe contest, the
monster was taken. The success o f this adventure induced the people o f




364

The American Whale Fishery.

that place to commence the enterprise o f taking whales as a regular business, these animals being at that time very numerous around the coa st;
and, as early as 1672, we find the inhabitants entering into a formal con­
tract with James Lopar, in which he engages to carry on the “ whale
citching” jointly with the town, for two years, on their giving to him ten
acres o f land in some convenient place, with commonage for two cows and
twenty sheep and one horse, together with the necessary wood and water.
T h e town were by this contract bound to carry on two thirds o f the busi­
ness, and himself the other third. This company was to have the monopoly
o f the trade, and no other company was permitted to engage in the traffic
unless they should tender to this first organized body a portion o f its shares.
It was also provided that “ whosoever kil any whale o f the company or com­
pany's aforesaid, they are to pay to the town for every such whale five
shillings.” John Savage, a hardy N ew England man, was also procured
to settle upon the island in the capacity o f a cooper, upon nearly the same,
terms which had been made by the proprietors o f the town with Lopar.
W e may suppose that the profits o f this crude frame o f enterprise were
small, but they were at least sufficient to induce the prosecution o f this
species o f traffic.
Meanwhile, the people o f Cape Cod had reached considerable proficiency
in this branch o f enterprise, and their success induced the fishermen o f
Nantucket to ’ adopt more vigorous and systematic measures for its prose­
cution. Accordingly, we find the inhabitants employing Ichabod Padduck
as early as 1690, to instruct them respecting the best manner o f taking the
whale, and extracting the oil. The whaling expeditions from that port
were then carried on in boats from the shore, and the white colonists de­
rived important aid from the Indians,, who manifested extraordinary aptness
for the fishery o f’all kind's,.and being’ placed in responsible stations as boatsteerers and headsmen, they soon became experienced and valuable whale­
men. These boats, in search o f their game, often ventured even out o f
sight o f the land during the pleasant days o f winter, and performed feats
which are scarcely exceeded in our own day. After the whale had been
killed, he was towed ashore, and an instrument termed a “ crab,” and which
was similar to a capstan, was used to “ heave o ff” the blubber as fast as it
was cut. - This blubber was then placed upon carts, and conveyed t o “ tryhouses” situated near their dwellings, where the oil was boiled out and
prepared for market. F or the purpose o f enabling the fishermen to descry
whales at a distance, a high spar was erected upon the shore, with cleats
affixed to the top, where the whaleman with his spy-glass could be securely
lodged,, and command a broad view o f the ocean. N o sensible diminution
o f the whales upon the coast appears to have existed from the first thirty
years o f the fishery, although eighty-six were taken near the shore during
the year 1726, and eleven were sometimes towed to the land in one day.
W e are informed that the first spermaceti whale known to the inhabit­
ants, was found dead and ashore upon the southwestern part o f the island :
and here arose several conflicting claims to the right o f property in this
dead m onster; the Indians claiming it by right o f finding; the whites on
the ground o f their ownership o f the island; and the officer o f the crown
seizing it by virtue o f the well-known principle o f the laws o f England, giv­
ing to the king certain property which is discovered to have no visible own­
er, and in discussing which, Mr. Justice Blackstone, i f we remember right,
specially designates a stranded whale. The matter was, however, at length




The American Whale Fishery.

365

adjusted, and the white men who first found it were permitted to hold the
property, the whale having been previously divested o f his teeth.
T o Christopher Hussey, a Nantucket whaleman, belongs the honor o f
capturing the first spermaceti whale, and his feat was performed during the
year 1712, so far as it can be ascertained: This man, while cruising near
the shore for “ right whales,” the species which had been the principal kind
captured by the Nantucket whalemen, was blown off from the shore, and
falling in with a school o f that species, Me succeeded in capturing one, and
towing him into port. This event gave a new impulse to the whale fishery
upon the ocean, for vessels o f thirty tons were soon built.for the purpose o f
extending this traffic. . These vessels were fitted out for cruises o f about
six weeks, and carried a few hogsheads, capable o f containing the blubber
o f only one whale, which after they had captured, they returned home, when
the owners took the blubber and prepared the oil for market; despatching
the ship upon another voyage. The boiling was done in try-houses, which
were erected near the landing, and the .outfits and apparatus were placed
in warehouses, situated near the same place. The substitution o f vessels
for boats constituted a new epoch in the expeditions o f these Nantucket
whalemen, as the whales were expected to be diminished; and in 1715, the
number o f vessels engaged in. the whaling business, from this port was six,
all o f them sloops o f from thirty to forty tons burden, and producing £ 1 1 0 0 ,
amounting in our currency to $4,888 88.
Such was the germ o f the whale fishery in this country, and circum­
stances transpired which were calculated to extend its operations. Larger
vessels were soon introduced as motive for the business increased, and the
enlargement o f their number o f course required an additional number o f men,
so that the island could not furnish the force to man their ships. This de­
ficiency was, however, supplied by seamen from Lon g Island, as well as
various parts o f Cape Cod. But the consumption o f oil did not increase
with the augmentation o f the number o f the ships and the quantity o f oil
which was obtained. Indeed the domestic sale was frequently dull, and the
whale fishermen began to look to a foreign market. Boston, at this time,
furnished the chief depot for the oil o f the Nantucket whalemen, and it
was customary for the merchants o f that city to order large quantities o f
whale oil from Nantucket, and to export it to England in their own vessels,
from which traffic they derived a considerable profit, the oil o f the island
having obtained a very, high imputation in Europe. This fact aroused the
people o f Nantucket to their true interest, and they immediately adopted
measures to export the products o f the fishery themselves, and accordingly,
to reap the profits. But although the prospects o f success appeared bright,
they moved with great caution in this matter, knowing that the failure o f
their enterprise would fie attended with disastrous consequences. A ccord ­
ingly, about the year 1 7 4 5 ,'a small vessel was loaded and despatched to
Europe with a cargo o f oil. T h e expedition was successful, and their ship­
ments to England and other foreign ports were increased. This new field
o f enterprise was attended with a double advantage, for while they secured
large profits on these' voyages, it was found that the articles in the foreign
ports to which their ships were consigned, consisting o f iron, hardware,
hemp, and sail-cloth, were precisely o f the kind which they wanted for the
trade, and being purchased at a cheap rate,-they were admirably adapted
to their return cargoes.
But in the year 1755, the loss o f several fine ships, with their crews, by




306

The American Whale Fishery.

the perils o f the sea, or by capture— for it is well known that we were then
at war with France-—threw a temporary blight over the traffic, although it
continued to increase. The ships were enlarged in size from thirty to one
hundred tons burden and more, as whales had become scarce upon their
own ranging grounds near the shore, and larger vessels were required to
advance further into the ocean. A number o f the larger class o f vessels
was despatched to Davis’ Straits and the Western Islands, being provided
with complete outfits, and while a few made great voyages, others came
home “ clean,” from the ignorance that then prevailed respecting the
courses o f the winds, the proper feeding-ground o f the whales, and o f all
those other facts which could only be acquired by experience. W haling
continued to be the main occupation o f the inhabitants o f that island, while
the attempts which were made to carry on this pursuit in other parts o f the
country, appear to have failed.
Another fact tended to diminish the profits o f the whale fishery at that
time. The English government, discovering that oil was far preferable to
other light, being better adapted to common use, and less expensive, be­
cam e anxious to increase that branch o f com m erce from her own ports, and
in consequence, granted a large bounty to this species o f industry. By that
means it was much enlarged, and London soon became an important whaling
port. The necessary consequence o f this measure, was to cut o ff Nan­
tucket from a considerable portion o f its foreign m arket; yet the American
whale trade was not sensibly diminished, as its consumption was enlarged
in various parts o f the world, and even the exportation to England contin­
ued to be carried on. A s new coasts were explored, the field o f the whale
fishery became enlarged, and the American whale fishermen adventured
widely into the ocean for their favorite game. The places at which the
whale fishery commenced, and the periods when it was begun, prior to our
revolution, we have in the subjoined table, which is believed to be accurate :
A t Davis’ Straits, in the year 1746.
The Island o f Disco, in the mouth o f Baffin’s Bay, in the year 1751.
G ulf o f St. Law rence, in the year 1761.
Coast o f Guinea, in the year 1763.
Western Islands, in the year 1765.
Eastward o f the Banks o f Newfoundland, in the year 1765.
Coast o f Brazil, in the year 1774,*
Besides these places, whaling voyages were carried on to a considerable
extent, although for a shorter period, upon the Grand Banks, Cape Verd
Islands, numerous points o f the W est Indies, the Bay o f Mexico, the Carribean sea, the coast o f the Spanish Main, and various other parts o f the
sea. The amount o f enterprise invested in the traffic at different periods,
and the profits o f the voyages at this early stage o f the fishery, may perhaps
be interesting at the present time, exhibiting as they do, the progress o f the
trade in this country. W e therefore subjoin a table, showing the number
o f vessels in this country employed in the whale fishery, and the amount
o f oil produced, commencing in 1762, and running down a period o f ten
years.




* See History o f Nantucket, by Obed M acy,

367

The American Whale Fishery.
The number o f American ships, and oil produced, f o r ten years.

j ate.
1762,
1763,
1764,
1765,
1768,
1767,

N o. o f vessels.

-

.
-

. 78
- 60
- 72
- 101
.118
- 108

N o. o f barrels.

-

-

9,440
9,238
11,983
11,512
11,969
16,561

N o. o f vessels.

D ate.

1768,
1769,
1770,
1771,
1772,

-

-

-125
- 119
- 125
- 115
- 98

N o. o f barrels

-

-

15,439
19,140
14,331
12,754
7,825

It appears also, that the price o f whale oil in England was in
1744,
- - £10
per ton.
1742, - - £1 8 13s. per ton.
u u
1753,
- - £21
8s. “ “
1743, - - £1 4
From the year 1770 to 1775, this branch o f commerce had increased to
an unexampled amount, and the hardy islanders o f that coast constituting
the whaling companies, were mechanics, who manufactured the cordage,
the casks, the sails, the iron and wood work o f the ships, and even built the
ships themselves. According to Mr. Pitkin, Massachusetts alone, during
that space o f time, employed annually one hundred and eighty-three vessels
o f thirteen thousand eight hundred and twenty tons burden in the northern
whale fishery, and one hundred and twenty-one vessels o f fourteen thousand
and twenty tons in the southern, which were navigated by four thousand
and fifty-nine m en ; the produce o f the fishery at that time amounting to
£3 50 ,0 00 , lawful money, or 1,160,000 dollars. A t this time, a large por­
tion o f the spermaceti oil was sent to England in an unseparated state, the
head matter being generally mingled with the body o f the oil, commanding,
as it did, the same price when in a mixed, as in a separate state. A con­
siderable portion o f the oil procured from the right whale was shipped to
Boston, or other parts o f our American colonies, for inland consumption, or
was exported to the W est Indies. The manufacture o f sperm candles, which
was first commenced in Rhode Island, in 1750, was carried on to a consid­
erable extent in New England and Philadelphia, and tended to furnish a
motive for the fishermen to procure this species o f matter. W e here ap­
pend a table, showing the amount o f the American whale fishery from 1771
to 1775.
State o f the W hale Fsliery in Massachusetts, from 1771 to 1775.
V e s s s e l s fitte d
o u t a n n u a lly T h e i r to n ­
P o r t s f r o m w h ic h the
f o r the n o r t h ­
n age.
e q u ip m e n ts w e r e m a d e. e r n w h a le f i s h ­
ery.

Nantucket,
Wellfleet,
Dartmouth,
Lynn,
[yard,
Martha’s VineBarnstable,
Boston,
Falmouth, Barnstable county,
Swanzey,
Total,




65
20
60
1
12
2
15

4,875
1,600
4,500
75
720
150
1,300

4
4

300
300

183

13,820

V e s s e ls fi t t e d
o u t a n n u a lly T h e i r to n ­ S ea m en
f o r th e so u th
e m p lo y ­
n age.
ed.
e r n w h a le fis h ­
ery.

85
10
20
1

5

B a r r e ls
o f w h a le
o i l ta k e n
a n n u a l­
ly .

10,200 2,025 26,000 4,000
1,000
420 2,250 2,250
2,000 1,040 7,200 1,400
120
100
28
200
300
156
900
26
240
600
700
260 1,800
52
52

121

B a rre ls o f
sp erm a ce­
t i o i l ta k e n
a n n u a lly .

400
400

14,020 4,059 39,390 8,650

368

The American Whale Fishery.

A few years previous to the revolution, the average price in market for
spermaceti oil was about £ 4 0 , and for head matter £ 5 0 . Common whale
oil was seventy dollars per ton, and th e' bone was about half a dollar per
pound. A s a whale producing about one hundred barrels o f oil would yield
two thousand pounds o f bone, and a whale producing fifty or sixty barrels
o f oil would ordinarily yield about ten pounds o f bone to the barrel, it is
obvious that the capture o f a single whale must have been an important ob­
ject, even so far as mere profit was concerned.
The prospect o f a war with England tended to arouse the fears o f the
whale fishermen, as they believed that their ships, ranging over so wide a
space, would be swept from the ocean. The “ Massachusetts Bay Restrain­
ing Bill,” tending to restrict the commerce o f N ew England, and to exclude
their whaling ships from the Banks o f Newfoundland, also fell upon this
class with a heavy blow, but a special relaxation o f the law was made in
favor o f Nantucket, on account o f a petition from the island to that effect.
T h e .war o f the' revolution soon broke out, and although few direct captures
were made, as most o f the ships had opportunity to get safely into port, the
consequence was to check the whale fishery, and the class o f the popula­
tion who had procured their livelihood in this perilous traffic, were reduced
to the greatest distress.
But great inconveniences resulting from the fact that the commerce o f
the Am erican whale fishery was cut o ff from the ocean, the people o f Nan­
tucket prayed for an exemption from the attacks o f the enemy, and the peti­
tion drawn up by Timothy Folger, the agent for the people o f Nantucket
in 1780, resulted in a partial prosecution o f that commerce from this port,
but without very profitable results. The whole traffic throughout the country was in fact suspended, and the sailors employed in the whaling business
were.either driven from the ocean, or earned new laurels in the naval ser­
vice o f the countiy.
The clouds o f the revolution were, however, soon cleared away, and
peace again shone bright in the heavens, cheering and fructifying the com ­
merce o f the nation. Nantucket, the principal mart o f the. trade at that
time, was found in an impoverished condition. The hundred and fifty ves­
sels which it owned at the commencement o f the war, were dwindled down
to a few old hulks, and the grass grew green in the streets; but the char­
acteristic energy which had marked the enterprise o f its sturdy settlers soon
exhibited itself upon its old field, the ocean, and the sound o f the broad-axe
and the hammer was again heard in its dockyards, building and refitting
new vessels for its favorite enterprise. In 1785, the business promised
great profits. The articles required for the outfits were low, while the
price o f oil was high. This state o f things continued only a short time, for
in the latter part o f the succeeding year, crude sperm oil sold for £ 2 4 per
ton, and head matter scarcely commanded £ 4 5 . Measures were soon
adopted to petition for its protection, and a. bounty was granted by the com ­
monwealth o f Massachusetts, o f five pounds for every ton o f white sperma­
ceti oil, and sixty shillings for every ton o f brown spermaceti o i l ; for the
purpose o f encouraging the business, many persons in other parts o f the
country were induced to embark in the whale fishery, thus increasing the
quantity in this country, and diminishing its value. But the consumption
was not sufficiently large to make its procuration very profitable ; and the
encouragement to this commerce which had been given by England,
and the consequent quantity carried by their own mariners into that




The American Whale Fishery.

869

country, cut o ff American whaling merchants from British markets, es­
pecially as duties were required to be paid for its importation to Great
Britain after the war o f the revolution.
Another fact tended to injure in great measure the profits o f the A m e­
rican whale fishery, which was the establishment o f a colony at Halifax by
the English government, for the purpose o f carrying on the trade from that
port. This place afforded an excellent harbor that looked out upon the
ocean, and it was thought that a good market would be here provided for
oil as soon as it was landed. Large inducements were held out to the
people o f Nantucket to remove to that point, and they were successful, for
in 1786 and 1787, we find a considerable number o f persons from Nantucket removing to a point opposite Halifax, which they called Dartmouth,
and there building dwelling-houses, wharves, spermaceti candle manufac­
tories, stores, and dockyards. Here they carried on the whaling business
for several years with success, but were finally induced to remove to Mil­
ford Haven, in the west o f England, there to prosecute the same traffic.
The establishment o f Dartmouth was thus broken up. Although Nantucket
suffered considerably by this settlement, having lost some o f its most active
and enterprising whalemen, still the auspices o f the whale fishery grew
brighter, oil advanced in price, the number and size o f the ships were in­
creased, their voyages were extended, and the vessels from that port which
had confined themselves to the W est Indies, the coast o f Guinea, and different parts o f the shores o f North Am erica, now extended their ranging
grounds to the banks- o f Brazil, where right and sperm whales Were veiy
numerous. The manufacture o f sperm candles was increased, and large
quantities were not only consumed in this country, but also exported to the
W est Indies. About this time the domestic consumption o f oil was much
extended by the establishment o f lighthouses, and the introduction o f ma­
chinery into the country ; one branch o f domestic industry thus-aiding the
other. In fact, the enterprise invested in this labor was enlarged to such
a degree, that the little island o f Nantucket could not furnish sufficient
seamen to carry on the whaling voyages from her own port, and many In.
dians and negroes were imported from the continent, who resided on that
island and became some o f the most valuable and active agents o f the
whale fishery.*
N or were other ports upon the coast o f N ew England, cut o ff as they
were from the rich resources o f the soil that prevailed in the interior o f the
country, deficient in the same sort o f enterprise. The most prominent sea­
ports along this part o f our coast had embarked in the whale fishery, and
we possess accurate official documents that exhibit its condition from the
year 1787 to 1789, and which we here subjoin.
* W e may as well state here that the early progress o f the whale fishery can only
be collected from fragmentary accounts, scattered through the works o f several writers
who have treated o f the subject incidentally. Mr. Pitkin, in his “ View o f the Com­
merce o f the United States,” has given us important statistical facts connected with
its progress; Beale, in his recent account o f the sperm whale, has confined himself
principally to the operations o f that enterprise in the British empire ; while Scoresby,
who possessed a practical knowledge o f the subject, has devoted his remarks to the
habits o f the whale,, and to the operations which have sprung up in other countries for
the purpose o f its capture, without considering the American enterprise which has been
directed to that object.
VOL. III.— NO. V .




47

370

The American Whale Fishery.
State o f the W hale Fishery, from. 1787 to 1789, inclusive.

P o r t s f r o m w hich
th e e q u ip m e n ts
w e r e m ade.

T h e n u m b er
o f v essels
fitted ou t
a n n u a lly f o r
th e n o r t h e r n
w h a le fis h e r y .

Nantucket,
W ellfleet, 'j
ports at
|
Cape Cod, J
Dartmouth,
Cape Ann,
Plymouth,
Vineyard,
Boston,
Dorchester
and
Wareham,

^
1
>
)

Total,

T h e ir
T on n age.

T h e n u m b er
T he
B a r r e ls o f B a r r e ls
o f v essels
n u m b er o f s p e r m a c e ti o f w h a le
fitted ou t
T h e ir
sea m en
o i l ta k e n
o i l ta k e n
a n n u a lly f o r T o n n a g e .
e m p lo y ed , a n n u a lly . a n n u a lly .
the s o u t h e r n
w h a le fis h e r y .

18

1.350

18

2,700

487

12

720

4

400

212

45

2,700

5
2

750
350

2,700

1

60

650
28
13

2

120

6

450

1

7

420

1

91

5,820

31

3,800

1,920
1,750
1,200

100

39

220

73

360

90

104

800

4.390

1,611

7,980

100

8,260

13,130

In 1790, the attention o f the people o f Nantucket was directed to the
sealing business, from the fact that many very profitable voyages for the
capture o f these animals had been made from England, and as it was nearly
allied to the whale fishery, the seals being found upon the same coasts, requil'ing the same outfits and men, an expedition was accordingly fitted
out from this country for the coast o f Africa, which, although unsuccessful,
laid the foundation o f that enterprise which has been since so successfully
prosecuted in the United States. During the succeeding year, a number o f
successful cruises having been made by the English vessels upon the west­
ern coast o f South America, these foreign enterprises induced the people
o f Nantucket to range with their ships upon the same coast, and whaling
ships then first adventured from this port to the Pacific Ocean, and almost
invariably returned with full cargoes. The success o f the whalemen o f
Nantucket in the whale fishery induced the people o f the neighboring set­
tlement o f New Bedford, which has since arrived to great opulence by this
traffic, to increase the number o f their whaling ships; and in 1792, they
had enlarged their adventures to a considerable extent. The market for
oil was at this time also very much extended in France ; lamps were sent
into that country from England, to encourage its use ; and large shipments
were made from the United States which proved profitable : but the revo­
lution that afterwards broke out in that country, swallowed up all foreign
enterprises. The period which the historian o f Nantucket has denominated
its “ golden age,” was soon turned to an age o f bronze by the circumstances
o f the period, for while the French revolution effectually prevented the
importation o f the article into that country, most o f the foreign markets
became glutted ; the price o f oil in foreign ports fell below that for which
it could be obtained in Nantucket, the provisions required for the outfits
advanced in value, and ruin stared the whalemen in the face. In addition
to these disastrous circumstances, war between France and the United




The American Whale Fishery.

371

States was expected while the whaling ships afloat were out upon long
voyages, and commercial disaster, like the foreboding twilight o f an eclipse,
overshadowed this important branch o f the commerce o f the country.
But notwithstanding all the difficulties which followed, we learn that in
1810, most o f the business capital o f the island o f Nantucket was at sea,
and during that year, six or eight ships were fitted out from that port for
the Pacific Ocean. But dark clouds now gathered again upon the com ­
mercial sky, and a war with England was threatened. The people who
had been engaged in the traffic were soon deprived o f the means o f subsist­
ence ; and while the motives for adventure in the traffic diminished, the
premiums o f insurance arose to twenty per cent. T w o years afterwards,
an embargo was laid upon our commerce, which restriction is generally a
sure presage o f war. Seven eighths o f the capital o f Nantucket were afloat,
three fourths o f which were not expected to return for a year ; and so great
was the apprehension o f the declaration o f war, that a formal petition was
despatched to the British government by the people o f Nantucket, through
Admiral Cochrane, asking protection for their commerce, and expressing a
willingness to remain neutral in the belligerent operation which succeeded.
But all this was o f no avail, and the navigators o f that island, diverted from
their ancient business, were left to starve or to gain a scanty subsistence by
fishing around the coast, or by cultivating its barren soil.
At the close o f the war o f 1812, the country, it is well known, was in­
volved in one common w re c k ; but the elastic energies o f the nation re­
vived, and the whale fishery was commenced upon a new foundation, and
has been advancing with a gradual and solid growth to the present time.
During the year 1819, it was extended to many points along the coast o f
New England ; and whale ships were fitted out from N ew Y ork, Long
Island, N ew London, N ew Bedford, Cape Cod, and Boston, which have
been increasing to the present day, constituting a source o f great wealth to
the beautiful settlements that are scattered along our northern maritime shores,
as monuments o f the liberality and enterprise o f that high-minded class o f
men, our Am erican whaling merchants. The growing population o f the
country, and the increased consumption o f the articles produced by the
whale fishery from the introduction o f machinery, and the multiplied
branches o f trade requiring them, together with the more efficient organization o f this enterprise, and the security to its prosecution furnished by the
strength o f our government, will render it in coming time, as it now is, a
lucrative and permanent field o f commerce.
In order to show the progress o f the whale fishery from the period which
we have mentioned, it may be proper here to state that according to Mr.
Pitkin,* the quantity o f sperm oil brought into this country in 1831, was
109,200 barrels, and o f common oil, 114,341 ; and o f whalebone, 1,029,690
pounds, the total value being 3,488,632 dollars; that into the single ports
o f N ew Bedford and Nantucket, there were brought in the year 1833,
76,631 barrels o f sperm oil, 84,596 barrels o f common oil, and 729,759
pounds o f whalebone ; to which when we add the amount brought into the
other ports during that year, it equals the sum o f 4,046,900 dollars,
this enormous sum being the product o f our domestic industry in that de­
partment for one year. Mr. Pitkin, who is doubtless a good authority,
states that the whole number o f vessels engaged in the whale fishery in




Pitkin’s Commercial Statistics, page 44.

372

The American Whale Fishery.

1834, was four hundred and thirty-four, the greater part o f which belonged
to N ew Bedford, Nantucket, and N ew London, whose aggregate value was
ten millions one hundred and thirty thousand dollars, and employing not
less than ten thousand nine hundred men. From the same source, we
learn that at this time, about one half o f the common whale oil found a
market in Europe, one quarter in the W est Indies, and the other quarter
was consumed in the United States. The spermaceti oil imported, is con­
sumed mainly in the United States, from a quarter to a third being used
in the cotton and woollen manufactories, and a considerable portion in the
engines o f our steamboats, and by other kinds o f machinery.* This con­
sumption, however, would be much greater, had not gas-lights been intro­
duced into our larger cities as a substitute for oil.
W e here subjoin a table showing the amount o f importation o f oil and
bone into the United States in the years 1835, 18 36,1837, and 1838, with
the total value o f the same at estimated average p rice s:— Also, the
different prices o f each article at which sales were actually made in N ew
Bedford for the same period, so far as ascertained.
for

1835.

Sperm oil, 172,683 bbls. at 84 cts. per g a l, average price, $4,569,192,18
W hale oil, 120,649 “ at 36 cts. “
“
“
“
1,368,159,66
Whalebone, 965,192 lbs. at 24 cts. “ lb.
“
“
231,646,08
$6,168,997,92
P R IC E S .

S perm oil — February, 77 cents; March, 78, 79 cen ts; April, 79, 80
ce n ts; May, 80, 83, 85, 84 ce n ts; November, 91 cents.
W hale oil— March, 33 cents ; April, 35, 36 cents ; July, 37 cents.
W halebone— 20 to 25 cents.
for

1836.

Sperm oil, 130,998 bbls. at 88 cts. per gal., average price, $3,631,264,56
W hale oil, 129,968 “
at 44 cts. “
“
‘‘
“
1,801,356,48
W halebone, 1,028,773 lbs. at 25 cts. “ lb.
“
“
257,193,25
$5,689,814,29
P R IC E S .

S perm oil— March, 86, 84 cents ; April, 85£, 84, 89, 88-J cen ts; October, 95 cents ; November, 92 cen ts; December, 88 cents.
W hale oil— February, 43 cents ; March, 42, 43, 43J cents ; April, 44
cen ts; May, 43 cents ; September, 48 cents ; October, 47 cents ; D ecem ­
ber, 49 cents.

* For important facts connected with the progress o f the whale fishery, we are in­
debted to Scoresby, Beale, Pitkin, M acy, and numerous masters of ships ; nor would
we forbear alluding here to “ Miriam Coffin, or the W hale Fisherman,” a tale written
by one o f our countrymen : he is understood to be Joseph C . Hart, Esq., a lawyer in
the city o f N ew Y ork, who in that work has given us a graphic picture o f this bold
enterprise.




The American Whale Fishery.
for

373

1837.

Sperm oil, 181,724 bbls. at 82 cts. per gal., average price, $4,693,930,92
2,277,939,51
W hale oil, 219,138 “
at 33 cts. “
“
“
“
385,682,88
Whalebone, 1,753,104 lbs. at 22 cts. “ . lb.
“
“
$7,357,553,31
P R IC E S .

S perm oil— January, 90 cents; February, 90, 87$ cents; March, 90
cents; June, 80 cents; August, 75, 76$ cents ; September, 77 cents; N ovember, 79, 80, 81 cen ts; December, 80 cents.
W hale oil— March, 40, 42, 41 Cents; April, 40 cen ts; May, 33, 30
cents; August, 30, 29, 28 cents; September, 30 cents; October, 28$, 30
cents ; November, 30, 31 cents.
W halebone— -27$ to 14 cents.
for

.1838.

Sperm oil, 131,856 bbls. at 85 cts. per gal., average price, $3,529,785,12
W hale oil, 227,016 “ at 32 cts. “
“
“
“
2,288,321,28
Whalebone, 1,783,848 lbs. at 19 cts. “
“
“
“
338,931,12
$6,157,037,52
P R IC E S .

S perm oil— February, 80 cents ; March, 77, 78 cents ; April, 78 cents ;
May, 78, 76$, 76$ cents ; June, 78, 78$ cents ; July, 80, 82 cents ; August,
80, 82 cen ts; September, 85, 87, 90, 91, 89$ ce n ts; October, 93$, 95
cen ts; November, 91|, 95, 97 cents.
W hale oil— March, 30 cents ; April, 30 cents; May, 30 cents; June,
30, 31 cen ts; August, 33 cen ts; September, 33, 34 cen ts; October, 34
cents; December, 34 cents.
W halebone— 15 to 20 cents.
N ote.— The importations for 1839 to 30th o f September, is 116,500 bbls.
o f sperm, and 201,800 bbls. o f whale oil. For 1838 to the same date, the
importations were 100,707 bbls. sperm, and 206,007 bbls. whale oil.
The probable imports for the year 1839, will be— sperm, 150,000 bbls.,
whale, 230,000 bbls.
P R IC E S .

S perm oil— January, 102, 103 ce n ts; February, 102 cen ts; March,
104, 102, 103, 104$, 108, 110, 112, 112$ cen ts; April, 112$, 110, 103
cents; May, 108, 100 cen ts; June, 100$, 100 cents; July, 100 cen ts;
August, 105 cents; September, 106, 107, 110 cents.
W hale oil— January, 34$, 34, 33 cents ; February, 34$, 33$, 32 cen ts;
March, 33$, 34, 35$, 36, 37, 38$ ce n ts; April, 37, 36, 38$ ce n ts; May,
37, 38, 33, 33$ cen ts; June, 36 cen ts; July, 37, 38 cents; August, 31
cents ; September, 34$, 36 cents.
W halebone— Sales o f bone have ranged from 17 to 20 cents per lb.
Sales in September at 19 and 20 cents.
The amount o f capital invested in this business, has been gradually in­
creased, so that at the present time, there are employed in the whale fish­
ery o f the United States 557 ships, with an aggregate tonnage o f 169,983.
The following table exhibits the number o f vessels employed in the
whale fishery, character, and amount o f tonnage, and the ports to which
they belong.




874

The American Whale Fishery.

N ew Bedford,
Fairhaven,
Dartmouth,
Westport,
Wareham,
Rochester,
Nantucket,
Edgartown,
Holmes Hole,
Fall River,
Lynn,
Newbury port,
Plymouth,
Salem,
Boston,
Dorchester,
Falmouth,
Provincetown,
Portland,
Wiscasset,

169
43
3
5
2
5
77
8
3
4
4
3
3
14
2
8
1
1

8 56,118
1 13,274
874
4
1,443
2
904
10
2,615
4 27,364
2,659
1
1,180
3
1,604
1,269
1,099
910
4,265
1
125
581
2,490
1
172
388
380

P la c e s w h e r e o w n ed .

Portsmouth,
Newport,
Bristol,
W arren,
Providence,
N ew London,
Stonington,
Mystic,
Sagharbor,
Greenport,
N ew Suffolk,
Jamesport,
Bridgeport,
N ew York,
Hudson,
Poughkeepsie,
Cold Spring,
Wilmington,
Newark,

l
9
5
18
3
30
7
5
31
4
1
1
3
3
8
6
2
5
1

B r i g s Sr
sch rs.

A m ount o f
to n n a g e.

S h ip s a n d
b ark s.

P l a c e s w h e r e o w n ed .

S h ip s a n d
b ark s.

Abstract o f vessels employed in the W hale Fishery, belonging to the United
States, September 1, 1839.

2
1
3
9
5
3
1

A m ount o f
to n n a g e.

348
3,152
1,782
6,075
1,086
11,447
2,912
1,797
10,605
1,414
274
236
913
710
2,902
2,043
629
1,578
366

The outfits required for a whaling ship constitute no inconsiderable item
o f the expense, amounting in a vessel which is fitted out for a three years’
voyage, to no less a sum than $18,000, while the hull not unfrequently costs
$22,000 more, while many have sailed whose total cost does not vary far
from $60,000. The principal kind o f provisions required for the crew
upon their voyage, consists o f beef and pork, bread, molasses, peas, beans,
corn, potatoes, dried apples, coffee, tea, chocolate, butter, besides from three
to four thousands o f casks, made from white oak, and a quantity o f spare
duck cordage, and other articles which may be required in the course o f the
voyage. In a ship which mans four boats, from thirty to thirty-two men
are employed. The contract entered into between the crew and the owners
o f the ship, and contained in the shipping articles that are required to be
signed by each sailor, makes it binding on the owners to provide the ship
and all the necessary outlays o f the voyage ; and upon the crew to perform
their duty on board the ship, obeying all proper orders to the end o f the voy­
age. As a compensation, they are entitled to such part o f the oil, or whatever
else may be obtained, as shall be agreed upon for their services ; and if, in
case o f death or accident, any portion o f the crew is unable to perform his
part o f the voyage, they or their legal representatives are empowered to
draw in their own right, whatever o f compensation would have fallen to
their share had the voyage been completed, this compensation being pro­
portioned to the time they shall have served. The “ lays,” or shares o f
the captain, officers, and crew, are measured by the amount o f their expe­
rience and value in the voyage. W hen wages, however, are high in N ew




The American Whale Fishery.

375

Y ork or Boston, seamen are difficult to be procured. These lays are o f
course depending upon various circumstances ; but generally the captain’s
lay is one seventeenth part o f all which is obtained ; the first officer’s, one
twenty-eighth part; the second officer’s, one forty-fifth; the third, one six­
tieth ; the boat-steerer draws from an eightieth to a hundred and twentieth,
and the common sailor before the mast, from a hundred and twentieth to
a hundred and fiftieth, according to his experience and activity and strength.
On the outward passage, the crew are divided into two watches, similar to
those which exist in the merchant service.
Our American whaling ships generally pass to the Pacific by the way o f
Cape Horn ; others go by the eastern route, south o f N ew Holland ; others
pursue their game in the Indian Ocean, the vicinity o f Madagascar, and the
Red Sea, reach the Pacific through the straits o f Tim or, between New
Guinea and the Pelew Islands, and advance onward to the coast o f Japan.
By these adventurous mariners, every part o f the Pacific is explored, and
many new discoveries are made, which are o f great service to the cause o f
navigation.
The magnitude o f the monster from which the whale fishery derives its
profits, has been the source o f comment in all ages. Even in the records
o f our faith, we have a description o f this animal, which, although referring
to a species not now a principal object o f capture by our American whale• men, partakes in a high degree the character o f the sublime. “ Canst thou
draw out Leviathan with a hook V' says Job. “ Shall thy companions
make a banquet o f him 1 Shall they part him among the merchants 1
Canst thou fill his skin with barbed irons, or his head with fish spears ?
Out o f his nostrils goeth smoke as out o f a seething pot, or caldron. When
he raiseth himself up, the mighty are afraid. The arrow cannot make him
flee. Sling-stones are turned with him into stubble. He maketh the deep
to boil like a pot. He maketh a path to shine after him. Upon earth there
is not his like.”
The ocean, the ranging ground o f the whale, stretching, as it does, over
two thirds o f the surface o f the earth, and binding together the various na.
tions upon its shores by a common highway, has been the favorite topic o f
description in all ages, and has called forth the most distinguished powers
o f the pen and the pencil. And indeed its great extent, and the various
phases which this watery domain assumes, whether it is spread out, a broad
and unbroken mirror before the eye, or its waters are roused by storms from
their secret depths into black and swelling waves, that roll upward and onward
towards the heavens, as if to quench the stars, tossing the hugest ships like
sea-birds on their crests, cannot but awaken associations o f sublimity and
grandeur. Within itself, it constitutes a distinct and solitary world. Inde­
pendently o f the multitudes o f human beings who are forever afloat upon its
surface in the ships which whiten its bosom at widely separated points, it is
governed by causes and marked by incidents that are entirely distinct from
those o f the land ; and this wide waste o f waters is inhabited by animals
as various in their species, and as interesting to the zoologist, as those that
are found upon other parts o f the globe, from the smallest to the greatest.
Here, shoals
“ O f fish— that with their fins and shining scales
Glide under the green wave in sculls that oft
Bank the mid sea; part single, or with mate—
Graze the sea-weed, their pasture, and through groves




876

The American Whale Fishery.
O f coral stray, or sporting with quick lance,
Show to the sun their wav’d coats dropt with g old ;
Or in their pearly shells at ease attend
Moist nutriment, or under rocks their food
In jointed armor w a tch ; on smooth the s e a l.
A nd bended dolphins play, part huge o f bulk
W allowing unwieldy, enormous, in their gait
Tempest the ocean.”

It is not a little remarkable that the animal tribes which swim the sea,
are in various points similar to those which inhabit the land; for we here
have the sea-horse, the sea-lion, the sea-elephant, and numerous other spe­
cies, so named from their resemblance to those land animals with which we
are familiar, and that derive their nutriment from the earth. The whale
may be considered to the sea what the mammoth is to the land, and while
the creation o f these numerous animals attests the power o f God, their cap­
ture, amid so many hazardous circumstances, evinces also the hardihood
and enterprise o f man.
The right whale, which, with the sperm, constitutes the principal object
pursued by the whale fishery, is o f the largest class. Many which were
taken in 1761, in the G ulf o f St. Lawrence, it is stated, produced two hun­
dred and thirty barrels o f o i l ; and as the ships then employed did not ex­
ceed sixty tons burden, the capture o f a single whale constituted a full car­
go. The bone from a whale o f this size, sometimes weighed 3000 pounds,
each o f which was worth a dollar, and the slabs were frequently ten feet
in length. Their food consists o f a species o f animal not larger than a
spider, and similar in form, called “ bret,” which swim near the surface o f
the water, and tinge it for acres with a reddish cast. The difference be­
tween the right whale arid the sperm is noticed at a distance by the man­
ner o f its spout; for while the right whale has two spout holes, and throws
the water in two perpendicular streams, that widen as they rise, which is
also true o f the “ hump-back” and the “ fin-back,” the sperm whale spouts
in a single stream, that is thrown forward from its head, at an angle o f
about forty-five degrees.
A sperm whale, o f the length o f sixty feet, usually has a body, the
largest part o f which is about twenty-four feet in circumference, while the
distance from one point o f the tail to the other is not less than seven feet.
T h e length o f the fin o f a whale o f this size, is about three feet and a half,
and fourteen feet will scarcely measure the length o f the jaw-bone. The
spout holes, or nostrils, are situated about ten inches from the end o f the
nose. From that point to the eyes, the distance is not less than fourteen
feet. T h e color o f the skin is dark, being about the thickness o f one inch,
the blubber on the ribs being five inches, and that upon the breast nine
inches, the proportion o f the blubber being about one sixth part o f the whole
o f the animal.
T h e sperm whale, which it is well known is the most valuable species
connected with this traffic, w e shall now consider. The head o f this ani­
mal, constituting one third part o f the size o f the body, exhibits a very
blunt appearance, with a front like the breakwater o f a ship, and at its
junction with the neck is a large hump or bunch which the whalers call
“ the bunch o f the neck.” H ere, at what might be denominated in a quad­
ruped the shoulder, we find the thickest part o f the b o d y ; maintaining that
bulk for about one third o f its length, it reaches what is called the “ small,”
or beginning o f the tail. Here a hump is also seen, and from that point a




The American Whale Fishery.

377

smaller series o f ridges runs down towards the extremity, which, at the
commencement o f the “ flukes” or extreme fins o f the tail, is not larger
than the body o f a man. The “ flukes” consist o f two triangular fins, about
six feet long and twelve or. fourteen feet broad in those o f the largest size,
that would appear like the tail o f a fish, were it not that a deep undulation
is perceived between them, and that their position is horizontal. The
great power o f the muscles which connect them with the main body, and
the fact that they can be moved with ease by the whale, render them a for­
midable weapon o f defence, an d' an object o f terror to the whaleman, who
often becomes the victim o f their fury. . The head, therefore, viewed in
front, presents a broad and somewhat flattened surface. On the top, near
the extremity o f the head, is the spout hole, which, in the dead animal, ap­
pears in form like the letter S. In the upper part o f the head is a large
triangular cavity which is called the “ case,” containing the oily fluid that
after death is congealed into a yellow granulated mass, the spermaceti.
Beneath the case and the nostril, is a thick mass o f substance, elastic in its
nature, which is called the “ junk,” and formed o f a cellular tissue, and infil­
trated with fine sperm oil and spermaceti. The mouth extends throughout
the whole length o f the head, containing in the lower jaw forty-two teeth
o f formidable dimensions, and when open, it is as capacious as a good-sized
bedchamber, and the roof is covered with a sort o f coarse hair which serves
them to filtrate their food. The throat, unlike that o f the Greenland whale,
is large enough to admit the body o f a full-grown man. The eyes are small,
in proportion to the bulk o f the body, are situated far back on each
o f the, head, and are furnished with eyelids, the lower ones being moveable. A short distance behind the head are placed the swimming paws
or fins, which appear to serve them not so much for the purpose o f swimming
as to hold their young, and direct their motion through the water. The size
o f a full-grown sperm whale is estimated from good authority to be about
eighty-four feet in length ; the depth o f the head from eight to nine feet, and
the breadth five to six fe e t;. the swimming paws or fins about six feet long
and three broad ; and the circumference o f the body thirty-six feet. The
skin o f the sperm whale is smooth, without scales, although in those which
are old it appears wrinkled. The color o f the skin is dark throughout the
greater part o f its surface, but especially so on the upper part o f the head,
the back, and near the flukes, where it is quite black ; while on the sides it
assumes a lighter tint, and on the breast it becomes silvery gray. Aged
“ bulls,” as they are termed by whalemen, frequently have a portion o f
gray on. the nose, above the fore part o f the upper jaw, and these are then
said by whalers to he “ gray-headed.” Beneath the skin is the blubber o f
fat, which is, on the breast o f the largest whale, about fourteen inches thick,
but on most o f the other parts o f the body only eight inches. This blubber,
encircling the body, and termed b y th e sailors “ the blanket,” is o f a light
yellow color, and when melted down, supplies the sperm oil, affording not
only buoyancy to the animal, but also a protection from the changes o f the
climate. The ordinary food o f this species o f whale appears to be a sort
o f cuttle-fish called the squid, which they probably secure by descending
a certain distance into the ocean, and opening their jaws, allow these ani­
mals to accumulate within their mouths, when they swallow them.
T h e common motion o f the whale is slow, swimming as they do at the
rate o f from two to four miles an hour, being propelled by an oblique action
o f the flukes, like the operation o f sculling in the water, their fins being
vol . in.— no . v.
48




378

The American Whale Fishery.

used only as directors. This mode o f swimming enables them to propel
themselves about seven miles an hour ; but the greatest speed is attained
by striking the water with the broad flat surface o f the flukes perpendicularly, when at each time that the blow is made with the inferior surface
o f the flukes, the head o f the whale sinks down the depth o f eight or ten
feet, and when it is reversed, it rises out o f the water nearly the same dis­
tance, the action allowing him a motion o f from ten to twelve miles an
hour. W hen disturbed suddenly, however, the whale has the power o f
disappearing immediately from the surface in a horizontal position, by
striking upwards with his fins and tail.
The question has long been mooted, as it is well known, whether a whale
is a fis h ; and this question is founded on the peculiarity o f its physical
conformation. Unlike fish in general, its blood is warm, it inhales the air,
it calves, suckles, and protects its young. In a calm, and when the water
is smooth, the first part o f the whale which appears is a dark-colored pyra­
midal mass which is called the hump, projecting two or three feet out o f
the water. A t uniform intervals, the nose is seen upon the surface, and
from its extremity the spout is thrown up, appearing at a distance low and
bushy, and formed by minute particles o f water lodged in the nostrils, and
the condensation o f aqueous vapor which is thrown from the lungs. T h is
spout is ejected from the blow hole slowly and continuously for the space
o f three seconds, and can be seen in clear weather at a distance o f four or
five miles from the masthead o f a ship. In the case o f the sperm whale,
the spout is thrown in sudden jets, is thin, and is ejected at a considerable
height in a perpendicular direction ; and when alarmed, with greater ra­
pidity, and to a much greater height.
The uniformity which pervades the motions o f the whale is quite re­
markable. The time which is required in the performance o f the several
acts to which it is accustomed, is minutely regular in the sperm whale, and
the fisherman, by accurately observing the motions o f the individual, can easily
judge the period which it will occupy to exercise them. W hen the whale
has spouted, the nose sinks beneath the water immediately. The air again
fills the chest silently in the sperm w hale; but in the fin-back, this act is
performed with a loud noise, as o f air rushing suddenly into a small orifice,
in a large “ bull whale,” the time occupied from one spout to another is
ten seconds. During six o f these the nostril remains below the surface o f
the w ater; the inspiration occupies one second, and the expiration three
seconds. A t each breathing time the whale makes from sixty to seventy
expirations, and remains upon the surface about ten minutes. A t the ter­
mination o f the breathing time, the part between the hump and flukes appears
above the water in a curved and convex position ; the head sinking under the
surface, the flukes are thrown high into the air with a motion called by the
sailors “ peaking the flukes,” and the body thus obtaining a perpendicular
position, suddenly disappears from the surface o f the ocean. T h e common
period in which a whale remains under water is an hour and ten minutes,
although some will exceed that time, yet these are but rare exceptions.
F rom these facts it is perceived that in the sperm whale about one seventh
part o f the time is expended in respiration. T h e habits o f the female
whales are somewhat different. T h ey remain under the water generally
about twenty minutes, make thirty or forty expirations while they are on
the surface, which is about four minutes, and consume about one fifth part
o f the time in expiration




The American Whale Fishery.

379

The period o f expiration is, however, often varied when the approach o f
a boat, or any other circumstance, tends to alarm the whale.
In this
case, although he has made but half his number o f expirations, he dis­
appears in a horizontal position, leaving a vortex where his body before
floated, but it is soon seen near the surface completing his usual number.
This downward motion is effected by powerful strokes with his swimming
paws and flukes; and in that motion which has been described and which
is termed by the sailors “ going with the head out,” the spout is thrown up
at every time it appears above the surface, and the expiration is more hurried and unequal. It is somewhat extraordinary that so huge an animal as
the whale should be easily alarmed, yet such is the fa c t ; and when intimi­
dated by the approach o f a ship, it appears to search for all objects near it
by moving its tail in a wide sweep from side to side on the surface. W hen
a harpoon is struck into his side, he often turns over and over into the
water, and thus frequently winds an immense length o f rope around him.
His positions are various. Sometimes he assumes a perpendicular position,
with only his head above water, seemingly for the purpose o f surveying the
broad expanse o f his watery home, when his head seen at a distance re­
sembles a huge black rock in the ocean. A t other times he turns over on
his side, to view a ship or any other object which is approaching} the rays
o f the sun striking directly upon his eye, and seeming to enable him to
see a greater distance. A t other times the whale appears to exercise itself
by beating the water with its tail into foam, which, o f course, can be seen
at a great distance. A more curious habit which marks the whale is that
o f leaping completely out o f the water, or “ breaching,” as it is called, that
appears to be effected by descending to a certain depth, and working his
tail by powerful strokes, that are increased near the surface until the whole
body is projected out to an angle o f 45 degrees. This action is probably
caused by its attempt to rid its body o f the sucking fish and other animals
which adhere to its surface, or o f avoiding the encounters o f the swordfish,
its greatest enemy, while the “ thresher” attacks it from below, and thus
prevents it from descending.
The habits o f the sperm whale are peculiar. They herd in large schools,
the females being protected by from one to three o f the other species. The
males appear jealous o f intrusion, and fight with great power to prevent it.
T h e large whales generally go alone in search o f food, and when seen in
company, are supposed to be travelling from one “ feeding ground” to the
other. These large whales being quite incautious, are easily overcome, and
even after the plunge o f the harpoon, often lay exposed to their destroyers
like a log o f wood, scarcely appearing to feel the blow. Sometimes, how­
ever, they are found possessing extraordinary courage, doing dreadful
havoc with their principal weapons, their jaws and tails. Th ey breed at
all seasons, producing one and sometimes two at a birth, the size o f their
cubs being, when first born, from twelve to fourteen feet. The females are
much smaller than the other sex, being not more than one fifth part as
great. These manifest strong attachment to their young, taking them un­
der their fins, and urging them to escape from danger. Theis attachment
to each other is no less remarkable, and when one is wounded, its compan­
ions will remain around her to the last, so that they often fall a sacrifice
to their affection. The attachment on the part o f the young towards its
parent is no less extraordinary, and they are often seen around the ship for
hours after their parents have fallen a prey to the harpoon. The young




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The American Whale Fishery.

males swim in schools until they are about three fourths grown, when they
separate and seek their prey upon the ocean alone. The difference be­
tween them and the Female droves is evident and striking from the fact that
when one o f their number is struck it is left to its fate, scarcely an instance
being known o f its companions having “ heaved to.” T h ey are cunning
and shy, and accordingly are more difficult to take, as from their vigor
and activity, great despatch is necessary in order to give them no oppor­
tunity to recover from the terror and fright occasioned by the blow o f the
harpoon. One singular circumstance may here be mentioned, that the
whale, both great and small, appears to have the power o f communicating
intelligence to its kind when any danger approaches, for the distance o f
four, five, or even seven m iles; but the mode in which this is done has
never been ascertained.
W e shall not here enter into a description o f the “ fin-back” whale, an
animal o f larger size than the sperm, but so uncertain and active in its m o­
tions as to elude the most expert whale fishermen,
The “ right whale,” another species, which, with the sperm whale, con ­
stitutes the most prominent staple o f our whale fishery, we have considered.
It is similar in its general form to the sperm, and possesses the same gen
eral habifc, although the oil extracted from it is o f inferior quality. There
are also other species, such as the razor-back, the broad-nosed whale, and
the beaked whale, and species o f a smaller kind, to which we shall merely
allude.
The wide domain o f the ocean is the home o f the whale, and we find it
spouting in every latitude o f the sea, from the icebergs o f Greenland to
the African coast. It is admitted, however, that the sperm whale is seldom
seen in the colder latitudes, confining itself to the more genial climates,
while the Greenland whale, which is o f extraordinary size, appears to de­
light in tumbling among the mountains o f ice which float in the region o f
the north pole.. W e find the whale fishermen hurling the harpoon upon
the coast o f N ew Zealand, as well as N ew Holland, near the shores o f
Peru and Madagascar, Chili and California, Japan and the China Sea, the
Red Sea and the Persian Gulf, It is indeed not unusual for the whaling
ships from our American ports to -ransack the world for their gigantic prey,
entirely circumnavigating the globe, although the enterprises o f the British
whale fishermen are directed more particularly to the coast o f colder cli­
mates.
W e here present the figure o f a sperm whale, marked at the various
points to which we have referred.

a, the spout-hole; b, the position o f the case; c, the ju n k ; d, the bunch o f the
n e c k ; e, the e y e ; / , the fin ; g, the blanket-pieces; h, the hum p; i, the ridge ; k, the
sm all; l, the tail, or flukes.

Having given a brief sketch o f the general appearance and resort o f the
whale, we now proceed to describe more particularly the mode o f this spe­




The American Whale Fishery.

381

cies o f traffic as it is conducted in the United States. The whale ships
which are destined for the fishery, are generally from, three to five hundred
tons burden, and carry from twenty-eight to forty men and the officers,
in which, in the English traffic, the surgeon is included. These are pro­
visioned for three years, with all those substantial articles o f food to which
we have before alluded, required for the subsistence o f the whale fishermen.
Sometimes the ships are accompanied by what are called “ tenders,” or
smaller vessels, which serve as convoy to the principal ships, and that
either aid them in distress, or themselves procure the whale. Each ship is
provided with four or six whale boats, about twenty-seven feet long, and
four broad, in which the whale is generally captured. These boats are
built with great strength and lightness, sharp at both ends, in order to with­
stand the action o f the waves, to float with great buoyancy upon the tops o f
the billows when the sea runs high; and to be propelled both ways. Near
that end which may be considered the stern o f the boat, a rounded piece o f
wood is placed, called the “ loggerhead,” through the hole o f which the
rope is run which is attached to the harpoon. Each boat is allotted two
lines o f a singular construction, o f two hundred fathoms in length, and care­
fully coiled .in their tubs in a circle. T h ey are also provided with small
flags, called “ whifts,” which are stuck in the dead whale in case the whale,
men are driven o ff from their object by untoward circumstances, and in
order that their position may again be found. A few “ drogues,” or quad­
rangular pieces o f board, are likewise procured, which are fastened occa­
sionally to the harpoon-rope, so as to impede the motion o f the whale
after he has been struck.
A keg, containing a tinder-box, lanterns,
and other articles, which will enable them when benighted to strike a
fight, and four harpoons and a few lances, constitute the equipment. The
boats are each manned by six men, two o f whom are called the “ heads­
man” and “ boat-steerer.” In the chase o f the whale four o f these boats
are used, and all is made ready for attack from the commencement o f the
voyage.
The principal instruments used in the whale fishery, are the harpoon, the
lance, the spade, and the try-pot. The harpoon is a spear o f iron about
three feet in length, with a barbed point, and is required to be wrought with
great strength from the toughest iron, so as to withstand the encounter with
the huge animal, while the “ shank,” which is frequently bent by its strug­
gles, must be composed o f pliable and soft iron, for the purpose o f enabling
it to bend if required, but not to break. Another weapon o f importance in
the whale fishery is the lance, which is also an iron spear o f about six feet
in length, and into which is fitted a handle o f fir, or other hard wood ; its
point is sharp and thin, the blade being seven or eight inches in length,
and two and a half broad. This is used to wound the whale in a vital part
after he has been struck, so as to hasten his death. The spade, another
instrument similar to the lance, is also frequently required to cut up the
blubber into small pieces; and the try-pot, a large iron tank with three legs
and two flattened sides, is used for the boiling o f the blubber into oil, after
it is taken from the whale.
Another instrument, called the harpoon gun, and invented in 1731, was
formerly used for the purpose o f throwing the harpoon into the body o f the
whale, which could be done with effect at the distance o f forty yards ; but
as great skill is required in its management, and numerous accidents have
occurred from its use, the instrument has been relinquished.




382

The American Whale Fishery.

W e here subjoin also the figure o f this gun, which, although o f no particular utility, may be interesting to our readers.

Harpoon Gun.

In considering the subject o f the whale fishery, it may be proper here
to give a brief sketch o f the character o f its active agents, the sailors.
Selected, as they are, from the most ardent, unsettled, daring, and, in great
measure, reckless class o f the population on our coast, comprised o f young
men who are unwilling to devote themselves to those slow and persevering
habits, that minute and scrupulous attention to detail required in the success,
ful prosecution o f any form o f business, and that plodding and unvaried
labor which is always exacted by the cultivation o f the soil, they are bold,
warm in their imaginations, impulsive, generous, and from their mode o f
life, cast about as they are by storms from sea to sea, wide in their range
o f view, and devoid o f the stability which would induce them to be confined
long to any one place. Their habits o f adventure in attacking the monsters
o f the deep upon their native element, give to their character a hardihood
which could scarcely be acquired by any form o f occupation upon the land.
T h e day-book and the leger, those mighty engines which form important
parts o f the machinery o f com m erce, have no charms for them. In the
words o f one o f our most distinguished jurists, “ upon their native element,
they are habitually buffeted by winds and waves, and wrestling with tem­
pests ; and in time o f war, they are exposed to the still fiercer elements o f
the human passions.” *
Accustomed to strict subordination by the discipline which the law has
provided for our whaling ships, to toil and deprivation when on duty, their
hardships are mingled with glimpses o f sunshine in its intervals. The
natural ardor o f their character appears to break out, when they are re­
lieved from its burdens, and have their foothold once again upon the land.
Their* views become as expansive as the broad ocean which stretches
around them, and their impulses as wild as the waves which dash against its
shores. Conscious that they are all embarked in one common enterprise,
hazardous in the extreme, in which the success o f the voyage is the measure
o f their rewards, and mutually depending upon each other for success, their
affections become kindled into sympathy for their com panions; and this
feeling operates always upon the land, so as to induce them to sacrifice their
* See Kent’s Commentaries, vol. 3d, p. 176-7.




The American Whale Fishery.

383

own comfort to that o f their friends. The money which they have procured
by the most severe toil, they are ever ready to spend liberally in every form
o f indulgence, by dissipation ; and their loose habits o f economy and want
o f calculation, frequently cause them to fall a prey to those greedy “ land
sharks,” which always show their fins in great numbers through all our
seaport towns.
W ith such habits, to which there are many and honorable exceptions, it
could hardly be expected that the great body o f sailors should accumulate
large fortunes. The earnings o f years o f toil are expended in as many
months at the bar or the brothel, and the sailor, stripped o f his means, has
only the last resort, to ship again and resume his march upon the mountain
wave, and return to his home upon the deep. Dressed in red woollen shirts,
coarse pantaloons, pumps, and tarpaulin hat— removed, as they are, from
the restraints o f the civil law, and without those habits o f reflection which
would arise from the more steady and sober pursuits o f the land, they fre­
quently exhibit riotous habits, which would lead one to think that they were
exempted from the jurisdiction o f the laws.
The most prominent exceptions to this class o f men, are those who have
arisen by successive steps from the station o f common sailors to that o f boatsteerers, and to the posts o f captains o f their ships. These are, for the
most part, temperate in their habits, with physical and moral powers fully
adequate to bear the great responsibilities which devolve upon them, and to
stand at the head o f these stormy expeditions. W e see many along our
coast who have acquired fortunes by their business, and the beautiful houses
which whiten our shores attest the success o f their labors. A few remarks
may be proper in this place, respecting the discipline o f the whaling ships
which is permitted by our laws. In the first place, it is well known that
the ships which ply from our ports are chiefly owned by different individuals,
who combine their capital in this species o f stock usually to a large amount
o f value. N ot only is the custody o f the ship, which is o f great cost, but
also that o f the outfits and crew, and the prosecution o f the voyage, intrust­
ed to the keeping o f a single man, the captain o f the ship. Numerous
sailors o f diverse and frequently insubordinate habits, are placed under his
control, and on their obedience depend not only the success o f the expedition, but even the safety o f their lives. The law gives to the master o f the
ship a despotic power within certain prescribed bounds. It invests him
with entire and full command o f his ship, with the right to inflict personal
chastisement upon those who break its discipline, to control the operations
o f the crew, and generally to exercise the same government that a school­
master exerts over his scholar, or the parent over his child. Doubtless many
acts are committed on the part o f the master which are founded in injustice,
but then the sailor has his remedy by bringing his action for civil damages
in a court o f law. It has indeed been our lot during a limited professional
practice in a seaport town, to have frequent applications from sailors claim­
ing maltreatment on board ship from their captains, which, however,
proved to furnish no ground for a legal claim o f damages. Certain old “ law
salts” are always found on board ship ready to give in their advice when a
sailor has been unjustly punished or chastised with improper weapons, and
a jury away from the coast, it is well known, are seldom backward in award­
ing damages full as great as the injury. Doubtless extraordinary discretion,
forbearance, and determination, are required on the part o f the master, to
exercise the power which the law gives him for the purpose o f preserving




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The American Whale. Fishery.

discipline on board his ship, and thus carrying out the objects o f the voyage ;
but how many acts o f insubordination on the part o f sailors, may manifest
themselves in unequivocal signs, and which demand punishment from the
consequences which they may produce, although the facts cannot be estab­
lished in evidence. Is the power o f personal chastisement that the law al­
lows the master to inflict upon insubordinate sailors, and which is so repug­
nant'to the feelings o f many o f our citizens, expedient and right? W e
maintain that it is ! because it is clear that such or like means are essential to
the safety o f the voyage, and without them no whaling voyages could be
safely prosecuted. Suppose recreant offenders could only be placed in irons
until the ship arrived in port, or within the jurisdiction o f a .competent court
to try the case? Under these circumstances, their services would be lost,
and were a sufficient number to merit this punishment, it would be in their
power at any time to break up a .voyage, by placing themselves in this po­
sition. Personal chastisement o f sailors, we say then, is just, from the
necessity o f the case. It should never, however, be inflicted but on sure
grounds, and with proper weapons. Should the master o f the ship fail to
com ply with the requisitions o f the law in this respect, he is and ought to
be amenable to the injured party in damages, as is fully proved by the
records, o f our courts.- His position, with a crew possessing the physical
power to wrest from him his command, at all times subject to revolt, and
far away from succor, on the desert o f the ocean, is unenviable. I f his
responsibilities are great, so also should be his rewards, if he meets these
responsibilities with promptitude, and performs his duty.
W e 1now proceed to sketch the ordinary circumstances connected with
the departure o f a whale ship from our American ports. W e may suppose
that her provisions are stowed away for the crew, the instruments.made
ready, and the sailors having placed their blue jackets in their chests, and
enrobed themselves in their bright red shirts and new tarpaulins, have taken
their parting farewell o f the land. The black ship, like the leviathan which
it pursues, lies motionless in the dock. The instruments which have been
prepared are carefully stowed away in their cases, and the whaleboats,
seemingly as light as the swan, are swung in regular order, above the deck
or on the ship’s side. The .crew are on board, with perhaps two or three
who have repented o f their contract since they signed the “ shipping arti­
cles,” and have succeeded in eluding the sheriff by taking refuge in flight.
The snow-white sails are now seen flapping in the winds, and soon swell
into bellying canvass before the gale. The anchor is apeak, and. the huge
fabric springs onward before the blast to its ocean home. A long the re­
ceding shores, by the white cottages, the vessel is borne away until it
approaches the entrance o f the ocean, and to the uttermost verge o f the
land. The islands that sprinkle the coast lie like blue clouds, which dwin­
dle into dimmer outline as they recede, and the ship advances into its
watery realm until the coast appears like an azure line painted upon the
horizon, and the light o f Montauk glimmers upon the sight o f the wavetossed mariners like a fading star upon the borders o f the sky. T h ey are
now upon the ocean.
“ There Leviathan,
Hugest o f living creatures, on the deep
Stretched like a promontory, sleeps or swims,
A nd seems a moving land, and at his gills
Draws in, and at his trunk spouts out, a sea.”




The American Whale Fishery.

385

Around them, far away to the east, the south, the north, and the west,
thousands o f miles beyond the remote boundaries within the scope o f the
spyglass, a watery plain, which seems to have no end, is stretched along
the horizon like “ the image o f eternity.” The sea which the day before
tossed their ship upon its huge billows, has sunk into comparative rest, and
develops a broad and glassy breast, which heaves and swells in gigantic
strength as if fatigued with its exertions in the tempest o f the previous day.
On the second day out men are placed at the mast head, in the “ crow ’s
nest,” a kind o f watch-tower, comprised o f an apparatus built upon the
main topmast or on the topgallantmast head, and are provided with a spy­
glass, which will command a wide sweep o f the sea. Presently a low bushy
spout is seen, by the men in the crow ’s nest, rising from the surface o f the
ocean, and a cry is then given in a slow and peculiar tone from the mast
head, “ there she spouts,” and if it is repeated, “ there again.” The an­
swer, “ where away,” is returned. All is. then bustle and animation on board
the ship, some o f the crew rush towards the edge o f the vessel, and others
ascend the rigging to observe the direction o f the. spout. If the whale is to
leeward, the vessel is placed in a direction towards the whale ; but if to
windward, then two or three boats are rapidly lowered, and rush on with
great speed by the vigorous arms o f the rowers towards their intended
object o f attack. W hen the whale is perceived, great care and prudence are
required in order to prevent its disturbance, which is the most effectually
done by directing its course towards the back o f the victim. A huge whale
#iay now be seen about a quarter o f a mile from the ship, with his hump pro­
jecting three feet from the water, together with; the spout which is seen rising
every ten seconds from his enormous head, when the cry again echoes from
the boat, “ there again.”
The boats thus darting through the water with all the velocity which
they can command, now approach the body o f the whale. His spout­
ings are nearly out, and he is about to descend, or perhaps he is dis.
turbed by the noise o f the boats which are approaching, or the customary
chant o f the sailors which they sometimes time with their oars,
“ A w ay m y boys, away m y boys, ’ tis time for us to go,”

as their voices rise from the sea. H e is soon going down. T h e water
around appears to be agitated. His “ small” is rising as i f in preparation
for the final plunge ; while the men bend their oars, in order to reach his
side and to strike the harpoon. One more spout rushes from his head, his
small is curved, and his flukes are expected to.be thrown aloft for his exit.
But, by great effort, a boat reaches his side. “ Peak your oars,” is heard
from the man who appears to have the command o f the boat, and the har­
poon glitters for an instant in the air, and descends like lightning into the
body o f the monster. “ Stern all,” cries the headsman, and the sailors
pull with their oars back from the body o f the wounded whale, while a
shout from the boat, which is answered from the ship, echoes along the
waves, denoting that the instrument has taken effect. The whale now
raises his head as i f in agony, the sea is lashed into foam, by his flukes, and
the sound o f their blows reverberates far upon the waters. But the mon­
ster soon disappears, drawing after him in his flight the line, which runs
almost with the speed o f light through the groove at the head o f the boat,
while the men, calm as marble statues, await the issue. T w o hundred
fathoms o f the line are now nearly out, and another boat “ bends on” anvol . in.— no . v .
49




388

The American W hale Fishery.

■other line just in time to save that which is already attached to the whale.
H e still descends. T h e “ drogues” are attached to retard his progress, but
he descends further, and is now six hundred fathoms deep in the ocean.
“ Stand ready to bend on,” cries the mate, which would give a line o f
eight hundred fathoms ; but that is not required, as the whale appears to be
rising. “ Haul in the slack,” cries the headsman, and the lax rope is
hauled in, and carefully coiled in the tubs, while the whale is perceived by
the agitation o f the sea to be rising near the surface. A confused and high
spout rising from his head, as he appears above the water, attest his fright
and agony. The line having been coiled in the tubs, the fast boat ap­
proaches the trembling animal, and the headsman, standing near the fin,
buries his lance in its vitals, while the boats on the other side throw an­
other harpoon into that part o f his body. “ Stern all” is again cried out,
and the boats shoot away from the danger.
The pain inflicted by these second wounds seem to infuriate the whale,
who writhes in horrible contortions, tosses his head above the sea with ex­
panded mouth, and lashes the ocean with his flukes, sometimes lifting the
boats with the men high into the air, turns over his body, coiling the rope
around him. The boats are jerked violently, the line is snapped, one is
upset, and the crew swim for their lives. The whale is free, and runs along
the surface o f the ocean, “ head out,” with amazing swiftness, dragging
after him a long length o f line. But two boats are not, perhaps, yet fas­
tened, and they soon give chase. The whale, exhausted by the loss o f
blood, and the weight o f line which he has borne in endeavoring to escape
from his pursuers, and by the immense pressure o f the ocean which has
weighed upon his body in its depths, is soon reached, and another harpoon is
thrown into him. The men whose boats may have been turned over, now
right them by clinging on to one side, and join in the chase. The lance is
again buried to its socket in the flesh o f the dying monster, but the blood
soon spouts from the head, which clearly indicates that the work o f death
has been accomplished. Again the whale attempts to descend, but it is
enfeebled and fails, soon rising to the surface, when the pangs o f death
seize his gigantic frame. Suffocating from the loss o f blood, his whole bulk
is now thrown into convulsions, by which the sea is beaten into foam. H e
rapidly moves along the sea, describing the segment o f a circle. This is
called his “ flurry,” which ends in his turning over upon his side, and
floating an inanimate bulk upon the surface o f the sea, as has been well
remarked, a “ victim o f the tyranny and selfishness o f man.”
The incidents connected with the whale fishery here described, although
extraordinary in their kind and frequently varied, are well known to be
within the experience o f those who have been accustomed to whaling voy­
ages. W e would, however, here give the accounts o f those who have been
actors in such rare scenes, in their own words. The first account to which
we shall refer is that connected with the loss o f the whaleship Essex, o f
Nantucket, in 1819.
“ The ship Essex, Captain George Pollard, sailed from Nantucket, 12th
o f 8th month, 1819, on a whaling voyage to the Pacific Ocean. H er crew
consisted o f 21 men, 14 o f whom were whites, mostly belonging to Nan­
tucket ; the remainder were blacks. On the 20th o f the 11th month, 1820,
in lat. 0 deg. 40 min. S. Ion. 119 deg. W ., a school o f whales was discov­
ered, and in pursuing them the mate’s boat was stove, which obliged him
to return to the ship, when they commenced repairing the damage. The




The American Whale Fishery.

387

captain and second mate were left with their boats, pursuing the whales.
During this interval the mate discovered a large spermaceti whale near the
ship ; but, not suspecting the approach o f any danger, it gave them no alarm,
until they saw the whale coming with full speed towards them. In a moment
they were astonished by a tremendous crash. The whale had struck the ship
a little forward o f the fore chains. It was some minutes before the crew
could recover from their astonishment, so far as to examine whether any
damage had been sustained. T h ey then tried their pumps, and found that
the ship was sinking. A signal was immediately set for the boats. T h e
whale now appeared again making for the sh ip ; and, coming with great
velocity, with the water foaming around him, he struck the ship a second
blow, which nearly stove in her bows. There was now no hope o f saving
the ship, and the only course to be pursued was, to prepare to leave her
with all possible haste. T h ey collected a few things, hove them into the
boat, and shoved off. T h e ship immediately fell upon one side and sunk
to the water’s edge. W hen the captain’s and second mate’s boats arrived,
such was the consternation, that for some time not a word was spoken.
T h e danger o f their situation at length aroused them, as from a terrific
dream to a no less terrific reality. T h ey remained by the wreck two or
three days, in which time they cut away the masts, which caused her to
right a little. Holes were then cut in the deck, by which means they ob­
tained about 600 pounds o f bread, and as much water as they could take,
besides other articles likely to be o f use to them. On the 22d o f 11th
month, they left the ship, with as gloom y a prospect before them as can
well be imagined. The nearest land was about 1,000 miles to the wind­
ward o f them ; they were in open boats, weak and leaky, with a very small
pittance o f bread and water for the support o f so many men, during the
time they must necessarily be at sea. Sails had been prepared for the
boats, before leaving the ship, which proved o f material benefit. Th ey
steered southerly by the wind, hoping to fall in with some ship, but in this
they were disappointed. After being in their boats twenty-eight days, ex­
periencing many sufferings by gales o f wind, want o f water, and scanty
provisions, they arrived at D ucie’s Island, in lat. 24 deg. 40 min. S. Ion.
124 deg. 40 min. W ., where they were disappointed in not finding a suf­
ficiency o f any kind o f food for so large a company to subsist on. Their
boats being very weak and leaky, they were hauled on shore and repaired.
They found a gentle spring o f fresh water, flowing out o f a rock at about half
ebb o f the tide, from which they filled their kegs. Three o f the men chose to
stay on the island, and take their chance for some vessel to take them off.”
W e introduce other incidents which occurred within the operations o f
the English whale fishery.*
“ In the afternoon o f a day which had been rather stormy, while we were
fishing in the North Pacific, ‘ a school’ o f young bull whales made their
appearance close to the ship, and as the weather had cleared up a little,
the captain immediately ordered the mate to .lower his boat, while he did
the same with his own, in order to go in pursuit o f them.
“ The two boats were instantly lowered, for w e were unable to send
more, having had two others ‘ stove’ the day before; they soon got near
the whales, but were unfortunately seen by them before they could get near
* See the Natural History o f the Sperm W h a le : by Thomas Beale.




London, 1839.

388

The American Whale Fishery.

enough to dart the harpoon with any chance o f success, and the consequence
vyas that the ‘ pod1 o f whales separated, and went o ff with great swiftness
in different directions. One, however, after making several turns, came
at length right towards the captain’s .boat, which he observing, waited in
silence for his approach without moving an oar, so that the ‘ young bull1
came close by his boat, and received the blow o f the harpoon some dis­
tance behind his ‘ hump,1which ft saw enter his flesh myself, as it occurred
close to the ship. The whale appeared quite terror-struck for a few se­
conds, and then suddenly recovering itself, darted o ff like, the wind, and
spun the boat so quickly round when the tug came upon the line, that she
was within a miracle o f being upset. But away they went, ‘ dead to wind­
ward,1 at the rate o f twelve or fifteen miles an hour, right against a 1head
sea,1 which flew against and over the bows o f the boat with uncommon
force, so that she at times appeared ploughing through it, making a high
bank o f surf on each side.
“ T h e second mate, having observed the course o f the whale and boat,
managed to waylay them, and when they came near to him, which they
speedily did, a ‘ short warp1 was thrown, and both boats were soon towed
at nearly the same rate as the captain’s boat had been before.
“ I now saw the captain darting the lance at the whale as it almost flew
along, but he did .not seem to do so with any kind o f effect, as the speed o f
the whale did not appear in the least diminished, and in a very short time
they all disappeared together, being at too great a distance to be seen with
the naked eye from the deck. I now ran aloft, and with the aid o f a tele­
scope could just discern from the mast head the three objects, like specks
upon the surface o f the ocean, at an alarming distance. I could just observe
the two boats, with the whale’s head occasionally darting out b efore. them,
with a good deal o f ‘ white water1 or foam about them, which convinced
me that the whale was still running. I watched them with the glass until
I could no longer trace them even in the most indistinct manner, and I then
called to those on deck, that they might take the bearing by compass, o f
the- direction in which I had lost. sight o f them, that we might continue to
* beat1 the ship up to that quarter.
“ Although all eyes were employed, in every direction, searching for the
boats, no vestige o f them could be s e e n ; and therefore, when half past
nine, p. m ., came, we made up our minds that they were all lost; and as
the wind howled hoarsely through the rigging, and the waves beat savagely
against our ship, some o f us imagined that they could occasionally hear the
captain’s voice, ordering the ship to ‘ bear up,1 while the boats had been
seen more than fifty times by anxious spirits, who had strained their eyes
through the gloom until fancy robbed them o f their true speculation, and left
her phantasmagoria in exchange. There were not many on board who did
not think o f home on that dreadful n igh t; there were not many among us
who did not curse the sea, and all sea-going avocations ; while, with the same
breath, they blessed the safe and cheerful fireside o f their parents and friends
who resided at home, and which at that moment they would have given all
they possessed but to see. But at the moment despair was firmly settling
upon us, a man from aloft called out that he could see a light right ahead of
the ship, just as we were ‘ going about,1 by which we should have gone from
it. W e all looked in tfiat direction, and in a few minutes we could plainly
perceive it; in a short time we were close up with it, when, to our great
joy , we found the captain and all the men in the boats, lying to leeward o f




The American Whale Fishery.

389

the dead whale, which had in some measure saved them from the violence
o f the sea. T h ey had only just been able to procure a light, having unfor­
tunately upset all their tinder through the violent motion o f the boats, by
which it became wet— but which they succeeded in igniting after immense
application o f the flint and steel— or their lantern would have been sus­
pended from an oar directly after sunset, which is the usual practice when
boats are placed under such circumstances.”
“ On the morning o f the 18th June, 1832, while we were still fishing in
the ‘ off-shore ground’ o f Japan, we fell in with an immense sperm whale,
which happened to be just the sort o f one we required to complete our
cargo. Three boats were immediately lowered to give him chase ; but the
whale, from some cause or other, appeared wild in its actions long before
it had seen any o f our boats, although it might have been chased the day
before by some other ship. It was greatly different in its actions to most
other large whales, because it never went steadily upon one course. I f he
‘ peaked his flukes’ or went down going to the southward, we expected he
would continue that course under water, but When he again rose, perhaps
he was two or three miles away from the boats to the northward; in this
sort o f manner he dodged us about until near four p . M ., at which time the
men were dreadfully exhausted from their exertions in the chase, which
had been conducted under a broiling sun, with the thermometer standing in
the shade at 93°. About half-past four, however, Captain Swain contrived,
by the most subtle management and great physical exertions, to get near to
the monster, when he immediately struck him with the harpoon with his
own hands ; and, before he had time to recover from the blow, he managed
with his usual dexterity to give him two fatal wounds with the lance, which
caused the blood to flow from the blow hole in abundance. The whale,
after the last lance, immediately descended below the surface, and the cap­
tain felt certain that he was going to ■sound,’ but in this he was much
mistaken— for a few minutes after his descent he again rose to the surface
with great velocity,, and striking the boat with the front part o f his head,
threw it high into the air with the men and every thing contained therein,
fracturing it to atoms, and scattering its crew widely about. W hile the
men were endeavoring to save themselves from drowning by clinging to
their oars and pieces o f the wreck o f the boat, the enormous animal was
seen swimming round and round them, appearing as if meditating an attack
with his flukes, which, if he had thought proper to do, in return for the
grievous wounds that he had himself received, a few strokes o f his ponder­
ous tail would soon have destroyed his enemies ; but this was not attempted.
Th ey had now nothing to hope for but the arrival o f the other boats to re­
lieve them from their dangerous situation, rendered more so by the appear­
ance o f several large sharks, attracted by the blood which flowed from the
whale, which were sometimes only a few feet from them ; and also from
the inability o f one o f the boat’s crew to swim, by which three or four o f
his mates were much exhausted in their efforts to save him, which they
succeeded in doing, after having lashed two or three oars across the stern
o f the boat, which happened to be not much fractured, on which they placed
their helpless fellow-adventurer. After they had remained in the water
about three quarters o f an hour, assisting themselves by clinging to pieces
o f the wreck, one o f the other boats arrived and took them in, no doubt
greatly to their relief and satisfaction. But although these brave whale
fishermen had been so defeated, they were not subdued : the moment they




390

The American Whale Fishery.

entered the boat which took them from the ocean, their immediate deter­
mination was for another attack upon the immense creature, which re­
mained close by, while the other boat, which was pulling towards them
with all the strength o f its rowers, would still be a quarter o f an hour be­
fore it could arrive.
“ Captain Swain, with twelve men in one boat, therefore made another
attack upon the whale with the lance, which caused it to throw up blood
from the blow hole in increased quantities. W e , who were on board the
ship, and had observed from a great distance, by means o f the telescope,
the whole o f the occurrence, were employed in beating the ship towards
th em ; but they were far to windward, and the wind being rather light, w e
had even our royal sails set. Soon after the arrival o f the third boat, the
whale went into its flurry and soon died, when, to the dismay o f the boats’
crews, who had endured so much danger and hardship in its capture, it
sunk, and never rose again,— an occurrence which is not very unfrequent,
owing o f course to the greater specific gravity o f the individual, perhaps
from a greater development o f bony and muscular structures.
Such
were the adventures o f that day, in the evening o f which the crews re­
turned to the ship, worn out and dispirited, having lost a favorite boat, with
the whole o f her instruments, besides the last whale wanted to complete
the cargo, and worth at least £ 5 0 0 !”
T h e whale being dead, the process o f extracting the oil commences,
which operation is divided, in nautical phrase, into two separate acts, the
“ cutting in” and the “ trying out.” The whale is now brought alongside o f
the ship, and the business o f cutting in, by means o f the spades, is effected.
A man descends upon the floating carcase, and cutting a hole in the body o f
the whale, near its junction with the head, inserts a hook in the hole, by
which that part is drawn up towards the ship by pullies prepared for the
purpose. This, particularly in a high sea, is a dangerous experiment, as
the motion o f the waves prevents certain footing upon the slippery body o f
the animal. A tension being produced upon the fat by this motion, it is
cut by the spade in strips o f two or three feet broad, and in a spiral direc­
tion, which is done by means o f a windlass acting upon pullies that are fixed
to the maintop. The “ blanket pieces,” as they are termed, are thus re­
moved by the same process that a bandage might be unrolled from a cir­
cular b o d y ; and the animal is divested o f its blubber to the flukes, the head
being previously cut o ff and allowed to float at the stern o f the ship, but
carefully secured.
The body having undergone its flaying process, is now permitted to float
o ff and the head is hoisted on end by the pullies, and the case being opened,
the spermaceti is taken out, by means o f a pole and bucket which is dipped
into the cavity. The junk is then cut from the head. This is hoisted on
board and cut into square pieces, when the head is allowed to sink into the
waves, divested as it now is o f the means o f its buoyancy. The blanket
pieces, from eight to fourteen inches thick, are then cut from the long strips
o f fat, and as well as the junk, are divided into thin pieces, upon blocks
called horses, and thrown into the try-pots in which the oil is extracted by
the fire. The membranous parts o f the oil which are called “ scraps” by
the sailors, are used as fu e l; and the spermaceti from the case is boiled
alone, and is called “ head matter.” The oil and spermaceti are then placed
in barrels, and brought into port.




391

The American Whale Fishery.

The following figures show the form o f the instruments used in the cap.
ture o f the whale.

Figure 1. represents a common harpoon.
Fig. 2., the packer, used to pack the blubber in casks.
F ig. 3. is the blubber spade, used to cut up the fish when taken.
Fig. 4. is the lance.

The whalebone, which forms at present so important an article o f com ­
merce, is found in great quantity in the mouth o f the whale, and forms a
filter which is peculiarly adapted to separate the sea-water from the animal
on which it feeds. It is a horny substance, elastic and flexible. The
laminae, about 300 in number, are situated on each side o f the head, and
the longest blade is usually the test which designates the size o f the whale.
Its greatest length is fifteen fe e t; its greatest breadth, twelve inches, and
its greatest thickness, five tenths o f an inch. The edge o f each blade o f
the bone annexed to the tongue, is fringed with a sort o f h a ir; and it is
generally brought from Greenland in its natural state, although sometimes
prepared for market on shipboard.
It is estimated by Scoresby, a good authority, that four tuns o f blubber
produces generally about three tuns o f oil, each tun comprising 252 gallons
by wine measure. The colossal dimensions o f this animal may be adjudged
from the fact that whales are sometimes caught which afford thirty tuns o f
pure oil, although these are o f course not as common as those which pro­
duce twenty tuns. It has been found that the quantity o f oil produced from
a single whale, usually bears a uniform proportion to the length o f the bone.
W e thus have, in the following table, prepared by one who has had much
experience in the matter, the relative proportion which the size o f the bone
in a whale bears to the quantity o f oil, and which is probably as accurate
as any information which can be procured from the uncertain means o f
testing the fact.
Length o f whale­
bone in feet.
Oil

yielded
tuns.

1

in

2

3

2i

2f

4

5

6

7

8

9 10 11 12

4

5

6*

84

11 134 17 21

W e may here mention certain facts respecting the bulk o f the whale,
which may perhaps prove interesting to our readers. It is estimated that a




392

The American Whale Fishery.

whale o f sixty feet in length, does not fall short o f the weight o f seventy
tons, the blubber comprising about thirty tons ; the bones o f the head, whale­
bone, fins and tail, ten, and the carcase nearly thirty-two. The flesh o f the
young whale is o f a red color, and in consistency it is somewhat like coarse
beef, while that o f the old whale is exceedingly black, being constituted o f
firm beds o f muscles, which appear to be directed to the movements o f the
tail, the flesh being thus rendered too coarse to be eaten. These bones,
however, are extremely porous, and contain much fine oil.
T h e whale fishery, which is conducted in different parts o f the ocean, is
o f course marked by peculiar incidents appertaining to the climate through
which it ranges. F or example, the operations o f the English whalemen,
who range with their ships in the remote north, amid masses, o f floating ice,
must be entirely different in their vicissitudes from that enterprise conducted
under the burning sun o f the tropics. Y et we find its features marked by
all those arduous labors and wild incidents which would be expected from
the attack o f the monarch o f the ocean in his native element. It is, through,
out, a scene o f toil, which is enlivened by various circumstances that tend to
throw a charm over the life o f the mariner. W hen he has been long upon
the open sea, exposed to cold blasts o f a northern sky, or to the burning
heat o f an African sun, perchance he anchors near some o f the beautiful
islands which are set like gems upon the ocean, and supplies himself with
all those luxuries that they afford. Even the chase and capture o f the whale
are attended with a thrilling excitement, somewhat akin to the sports o f
the field. Memory brings back the scenes o f former days, and even while
engaged in that hard track o f toil which is allotted to most men upon the
land and the sea, who achieve any thing o f value, and tossed upon the waves
o f the ocean, at war with its most gigantic inhabitant, hope glimmers like
a star upon the prow, and lights him to the vision o f brighter hours, when
it shall be turned towards the green fields, and smiling cottages, and wel­
coming friends o f his rocky home.
The appearance o f most whalemen, when they return from a voyage,’ is
hardy and robust in the extrem e; the substantial food and bracing air,
afforded by the circumstances in which they are placed, as well as their
violent exercise, serving to give remarkable vigor and animation to their
constitutions. The class o f men acting in the capacity o f masters, and to
whom we have before adverted, cannot be regarded with too great respect.
A s a body, they are men who have combined in their character the most
valuable traits ; cool, determined, and brave, they bear the weight o f duties,
and encounter hazards, which could hardly be appreciated upon the land.
A striking difference exists, however, in the success o f different masters o f
ships. Some appear always endowed with good luck, and make prosper­
ous voyages, while others are as uniformly unfortunate in their expeditions.
Doubtless, the different success o f these captains may be attributable to a
diversity in skill, energy, knowledge, and prudence ; yet it is as often owing
to circumstances which are known only to the Omniscient. W e have in
our eye one o f these men, who, although yet comparatively young, is dis­
tinguished for his energy and his uniform success in these whaling expe­
ditions. Spare in his form, there is a restlessness in his eye and frame,
which seems to indicate that his soul is absorbed in his pursuit, and con­
quered by his ambition to succeed. W henever he is enlisted as a master
o f a ship, that ship is sure to make a good voyage. H e has worked his way
by degrees, to the station o f principal owner in a large ship, starting as he




The American W hale Fishery.

393

did a common sailor, and by his own efforts has already earned a consider,
able fortune. His course presents an exception to the general custom of
whale fishermen, in the fact that he usually takes his wife with him to sea,
and we have seen his little dark-eyed boy, with a complexion embrowned
by a tropical sun, clothed in a complete suit o f seal-skins, which he had pro­
cured with his father on one o f his already many voyages round the world,
in the prosecution o f the whale fishery. This man has been a source o f
vast profit to his employers, and while we are writing, is probably hurling
the harpoon into a whale upon waves so high, and beneath clouds so dark,
that other mariners would deem it prudent to lay to for preservation from the
winds. He is, however, only one o f that numerous class o f the whale fish­
ermen o f N ew England, who have from the time o f Burke, within the last
half century earned a reputation which is as wide as the commercial intelli­
gence o f the world.
N or do these hardy fishermen, although tossed for months upon the
watery waste o f the ocean, forget the friends whom they have left upon the
land. The numerous rows o f beautifully enamelled and polished shells o f
various forms, which line the cabinets o f our seaport towns, the ostrich
eggs, which the sailors often collect upon the shores o f Africa, and bring
home as curiosities made into bottles, and brought into port as presents,
the canes, cut from the jaw-bone o f the whale, o f the color o f ivory, and
carved with curious devices, evince the ingenuity with which they occupy
their leisure time. N or are the fine arts neglected by these sons o f the
ocean ; for we see the walls o f the houses o f our whalemen frequently
adorned, not disfigured, by well-executed paintings o f the whale in different
postures, from the first blow o f the harpoon to his last spouting o f blood.
The fishery o f the coast o f Greenland is attended with numerous vicissi­
tudes, connected with the cold climate o f that region, and the variation o f
the ranging grounds o f the whales, depending upon causes which are un.
known. As early as 1803, the fishery o f the Greenland whale commenced
in the latitude o f 80 deg., and many whales were seen in the same latitude,
near Spitzbergen. In this quarter, grown fish are generally found near the
great masses o f ice. In July, the whale fishing usually terminated. The
different species o f the whale appear to inhabit different regions, and pur­
sue different tracks from place to p la ce ; the large Greenland whale being
found in the colder climate o f the north, and the sperm in the southern seas,
although they range a great portion o f the surface o f the ocean. The tribes
seen at different places appear to be distinguished by a difference in age and
manners; for instance, we are informed that those which in the spring are
usually seen in the latitude o f 80 deg., usually disappear by the end o f
April, the place o f their retreat not being discovered. The whale which is
found inhabiting the region o f 78 deg., is o f small dimensions ; those which
resort to the fields in May and June, are o f mixed size, while those which
are perceived in the latitude o f 76 deg., are usually o f the very largest sort.
The great uncertainty which is evinced in the nature o f the situations that
are preferred by whales might not perhaps appear extraordinary if their
particular species were examined. W e should then find that the same
tribes are distinguished by a similarity o f habits. Th ey are annoyed by
fishermen and driven from point to point in the ocean, and it would be
strange if they did not vary their swimming grounds. Frightened from
the coast, they find a resort in some obscure bay o f Spitzbergen until the
black ship o f the whaler drives them from these solitary haunts. Some •
VOL. h i .— n o . v.
50




394

Connection o f Learning with Commerce.

times they take refuge among the masses o f ice in the interior, and thus
elude their pursuers. Occasionally a large tribe is seen running from one
point o f the ocean to another, and it is a little extraordinary that during
certain years, a general retreat is made by the whales from o ff the fishing
stations.
W e have thus drawn the outline o f the whale fishery as it is conducted
in the United States. In its importance as augmenting the wealth o f the
country, it is not equalled by any other species o f traffic, and presents a
marked example o f productive labor; It adds to the stock o f national wealth
by drawing from the great reservoir o f the ocean an'immense value to the
public, both for use and exchange. The light by which we are now writing
is composed o f the fluid which once gave strength to the back o f the mon­
ster whose character and capture we have endeavored to record. The arts
in their various forms are in a great measure dependent upon this traffic ;
and our manufacturing establishments, as well as the engines o f our steam­
ships, and various other forms o f machinery, are kept in motion by the oil
o f the whale, while those convenient implements by which we avert from
our heads the sun and rains, are strengthened by its bones. The light that
is furnished by the whale illuminates our streets. It cheers the hard-handed
ploughman by the winter fireside, and adds a greater brilliancy to the gems
which blaze in the palace. It glimmers in the cell o f the anchorite, and
guides the doomed scholar to the grave. It pours a flood o f radiance upon
the halls o f fashion, points out the coast to the tempest-tossed mariner, and
flames aloft upon the giddy spars o f the. ship as it struggles onward through
the ocean. O f late years, as we have seen, the states bordering the Atlan­
tic, including the principal seaport towns o f Maine, N ew Hampshire, Mas­
sachusetts, Rhode Island, and Connecticut, and even the more inland states
o f N ew Jersey and Delaware, have embarked to a considerable extent in
the whale fishery; and the luxurious edifices which adorn many o f these
cities, attest the enterprise o f those who are engaged in the traffic, and the
success o f their labors.
In a preceding portion o f the present arti­
cle, w e have shown the amount o f this commerce so productive o f wealth to
the nation. W e think that it should be nurtured as a strong arm o f domes­
tic industry, and a severe but valuable nursery o f that noble, hardy, and
valuable class, the seamen o f the country.

A r t . II.— C O N N E C T IO N O F L E A R N IN G W I T H C O M M ER CE.
T he reciprocal benefits o f commerce and agriculture have been often
stated, and cannot be too strongly urged. In our country, this connection
should be constantly kept in mind. The future prosperity o f the United
States depends on the recognition and practical observance, o f this great
truth. Perhaps the connection o f commerce and science is not less real,
nor the less important to be recognised. Whatever tends to the increase
and dissemination o f science in a nation, must contribute to its improve­
ment, and therefore to its true and permanent prosperity. I f the morals o f
a people are not invariably in proportion to their knowledge, their' charac­
ter is generally improved by it, as to the arts o f civilization and political




Connection o f Learning with Commerce.

235

strength ; but so long as they remain in a state o f ignorance, there is far
less hope, as well o f their political power, as o f their moral elevation. A
reference to the history o f past ages will show that learning and science
have usually accompanied or closely followed commercial enterprise, and
serve to ensure its just appreciation with enlightened and patriotic citizens,
by suggesting an important consideration o f its benefits, in addition to what
is more commonly called the prosperity o f a nation, its physical resources
and wealth.
It is true indeed, that an intercourse between different countries, for the
purposes o f trade, may be, and in remote ages was, maintained chiefly by
land transportation; but since navigation has been known and improved,
the other mode o f conveyance has been in a great measure discontinued.
And where the local situation o f countries would permit, a preference has
been given to navigation, since the age o f Solomon ; and probably as early
as the exode o f the Israelites from Egypt, five hundred years before the reign
o f that prosperous monarch. Three hundred years before Moses, trade
was pursued between central and western Asia and Egypt, by means o f
land transportation. From Chaldea and Persia, and the Hither India, the
caravansaries passed through Syria to the eastern shores o f the Mediterra­
nean and to Egypt, and some o f them probably through Arabia across the
Red Sea to Nubia— a country probably o f a more early settlement than
Low er Egypt. So Chaldea, and not Egypt, may justly be considered as
the cradle o f the human family, after the deluge ; and the country, whence
originated and were communicated the learning and science o f early periods.
Some o f the grandchildren o f Noah settled in Chaldea ; and they had all
the learning which survived the calamity o f an universal deluge. A s the
descendants o f the antediluvian patriarch, o f the third and fourth genera­
tions removed, some east o f the Euphrates, and others west and south, to
Arabia, Syria, Nubia, Egypt, & c., an intercourse would naturally be main­
tained between these countries; and an exchange o f the products o f each
would be made for the purpose o f trade. The descendants o f Noah, who
remained in the fertile plains o f Shinar, would be most likely to make
greater progress in arts and in science than those removed to remote re­
gions, and had to struggle hard for the mere necessaries o f life. The mer­
chants or traders to whom Joseph was sold, were Midianites engaged in
traffic between their country (part o f Arabia) and Egypt, passed through
the land o f Canaan, and probably first visited older settlements in the east,
bringing thence various articles o f great value.' F or they had not only
balm and myrrh, but spices, which might in very early times have been
conveyed across the Persian Gulf, though in boats comparatively small
and fragile.
The early population o f Arabia is implied, though not so expressly as­
serted by Moses as that o f Chaldea, Syria, and Egypt. There were men
o f learning and science in Arabia before Moses. Job and his friends had
some acquaintance with astronomy, derived no doubt from their Chaldean
ancestors ; and a knowledge o f astronomy, even when attended with some
errors in theory, and destitute o f the discoveries o f modern times, presup­
poses some acquaintance with mathematics. The fact indeed is undisputed,
that in Chaldea, Hither India, and Arabia, the science o f numbers and o f
arithmetic was early cultivated.
The Chaldeans possessed all the information which Noah and his sons
had communicated from the antediluvian race ; and from the remotest pe­




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Connection o f Learning with Commerce.

riods were celebrated for their study o f the divine science o f astronomy.
The kindred sciences, no doubt, were studied by them, and soon spread to
distant countries. A ll other nations having originated from Chaldea, would
readily receive knowledge from thence, and even revisit it both for trade
and science. In very early ages, however, this intercourse, as, already
suggested, was chiefly maintained by land conveyance.
The first efforts in navigation are now unknown; but it is probable that
they were as soon as the descendants o f Noah spread to the Persian Gulf,
and to Arabia, and the R ed Sea, and through Canaan to the eastern shores
o f the Mediterranean. It is supposed by some learned men, that the Phoenicians practised navigation as early as the time o f Moses, (or soon after,)
fifteen hundred years before the Christian era, and that they visited dis­
tant ports on that sea. W hen the people o f Canaan were driven out o f
their borders by Joshua, some o f them probably colonized places in the
western parts o f Asia Minor, in G reece, and on the northern coasts o f
Africa.
In the days o f Solomon, navigation attracted great attention, and it was
encouraged as the most efficient aid to com m erce. Thus, it gradually be­
came a substitute for land transportation, wherever it was practicable.
The caravans were not, indeed, discontinued from central Asia to Pales­
tine, and Asia Minor and Egypt, for centuries after Solom on; but in all
places on the seacoasts, they were superseded by navigation; and the Per­
sian Gulf, the Red Sea, and the Mediterranean were then traversed for the
purposes o f trade.
It is true that the principal object o f navigation, in the early periods o f
the world, was wealth. But the spirit which led men to adopt and pursue
it, was indicative at once o f enterprise and o f curiosity. And the active,
adventurous merchant was usually a friend o f science, and a patron o f the
useful arts. H e was eager to acquire a knowledge o f the discoveries o f
other nations, and to communicate it to his own countrymen. F or com ­
merce tends to enlarge and liberalize the m ind; and those who pursue it,
are usually munificent encouragers o f learning. W herever com m erce ex­
ists, the arts o f civilization are known and cultivated; and commerce,
literature, and science are seen to follow.* Leonardi, an eminent merchant
o f Pisa, in the beginning o f the tenth century, brought the knowledge o f
algebra from Arabia, which he had visited for the sake o f trade. It is sup­
posed he travelled east or northeast o f Arabia, whence the people o f the
latter country might have received that science. But whether they derived
it from Chaldea or from G reece, as some suppose, is not material in the
view here taken o f the subject. It was not received in Italy and the west
directly from Greece ; and it is probable, that although the Greeks had a
knowledge o f geometry long before this period, that they were not the first
people who w ere acquainted with algebra ; but that it originated in Arabia,
or in India, whence it was early conveyed to the Arabians.
Nations which have had no foreign commerce, have usually made but
slow advances in science and the arts. T h e Romans were five hundred
* “ Commerce,” says Dr. Belknap, “ is one o f the most powerful causes which have
contributed to enlarge the sphere o f scien ce; because it is stimulated by one o f the most
active principles o f the human mind.” A nd it is from a fortunate merchant and math­
ematician o f Florence that America derives its n a m e ; though, in justice, it should

have borne that o f a still more adventurous, and equally intelligent individual.




Connection o f Learning with Commerce.

397

years without commerce, except to a very limited extent, and on a small
scale. Except their necessary attention to agriculture, war was their em­
ployment and their trade. A nd though this may polish men’s deportment
in some measure, it has a far less tendency to improve or civilize than a
commercial intercourse with foreign countries. The most savage and bar­
barous nations may be able warriors, while they make no progress in lit­
erature or the arts o f civilized society. The pursuits o f commerce only,
will raise them from their uncivilized condition.
W hen M exico was invaded and conquered by Cortez, near the beginning
o f the sixteenth century, though the population was great, and the inhabit­
ants in some respects inventive, they were ignorant o f many important
discoveries which had been made in Europe for five hundred, and a thousand
years. Their ancestors had probably emigrated from the northeast o f
Asia to the northeastern parts o f Am erica several centuries before the
Christian era, and from a people far less enlightened than some nations
were, even at that period, in the west o f Asia and in Europe. After passing
over to this continent, they spread far and wide, chiefly to the south and
east, for a more genial clim ate; and they or their descendants successively,
passed through parts o f the present territory o f the United States, on their
way to Mexico, leaving a portion behind on the lands they&raversed. T h ey
would have been far more advanced in the arts o f life and in science, when
visited by that conqueror, in 1520, had they pursued the business o f com ­
merce with distant countries.
The Chinese have been somewhat above a savage and barbarous condi­
tion ever since visited and known by Europeans, which is more than three
hundred y e a r s ; but their secluded state, and an aversion to intercourse
with other nations, have no doubt prevented their making any advances in
science or civilization for many centuries. T h ey are probably descendants
from the posterity o f Shem, and carried with them to China the knowledge
possessed by those inhabiting central Asia, five hundred years or more
from the deluge. But their want o f enterprise for foreign adventure and
trade, has been an entire obstacle to their making such progress as many
other nations have done, in which a portion o f the people were engaged in
commerce. A nd navigation having in a great measure superseded land
conveyances between distant countries, where this is not encouraged, com ­
merce is necessarily cramped and unprofitable.
The Plwenicians, one o f the earliest people devoted to commerce and
navigation, probably carried the knowledge o f letters into G reece, before
any inquisitive individuals o f that country visited Egypt for the purpose o f
discoveries in science or literature. The Phoenicians were engaged in com ­
merce and navigation as early as the time o f Moses, perhaps at a more
early period. And when Joshua settled his countrymen in Canaan, many
o f the original inhabitants fled by sea to distant places in the Mediterranean.
The chief object o f the Phoenician navigators was wealth; but they were
also patrons o f the arts o f civilization, and encouraged the propagation o f
useful knowledge and the physical sciences, from the east to the then more
ignorant and barbarous west.
T o an extensive and prosperous commerce, Great Britain owes more
for its wealth and civilization, than to any other cause. And, that her com ­
merce with other nations is owing to her use o f navigation, and the employ,
ment o f her own citizens in pursuing it, cannot be justly doubted. Had it
been the policy o f her rulers for five hundred years past, to discourage com ­




398

Connection o f Learning with Commerce.

mercial pursuits, and to have no more trade than depended on the efforts
and enterprises o f other countries— had her citizens retired from the ocean
and left the carrying trade to others, or shut themselves up from the rest
o f the world, their condition would have been far less elevated and glorious
than it now is.
I f the first settlers o f Virginia, Massachusetts, N ew Y ork, Maryland, & c.,
had been content to confine themselves entirely to the cultivation o f the soil,
and to a few mechanic arts, necessary to subsistence, and had their de­
scendants adopted the same narrow policy, and desisted wholly from navi­
gation, and from trade with Europe, the condition o f this country, and the
character o f the people, would have been far inferior in civilization and
literature than it is at present.
I f we look far back into remote ages, we shall find that the nations then
existing, which had intercourse with one another for the purpose o f trade,
whether by land or water, were among the first which became distinguished
for science and letters. Thus we find Chaldea and the Hither India, A ra­
bia, Egypt, and Phoenicia, very early enjoyed a great degree o f civilization,
and had a knowledge o f many useful arts, when the rest o f the world was
in a rude and barbarous state. I f G reece was not early engaged in trade
by navigation, it is evident that the merchants o f the east visited that coun­
try, and carried thither the elements o f science, then cultivated in Asia.
In the time o f Alfred, (85 0,) Britain had very little commerce, and the peo­
ple were in a deplorable state o f ignorance and barbarism. Edward I., in
the thirteenth century, encouraged commerce, and civilization and learning
soon followed. From the tenth century, many nations o f Europe advanced
in knowledge, civilization, and wealth ; and this improvement may be justly
attributed to trade and com m erce, more than to any other cau se; though
the crusades to the holy land by Europeans, led indirectly to the dissemi­
nation o f literature and science in the western parts o f the old continent.
Thus, it will be found that the first and greatest advances were made in
maritime towns and their vicinity.
Venice was. early a place o f trade, and its enterprising merchants con­
tributed greatly to the civilization and learning o f Europe. Th ey were
considered as “ citizens o f the world,” on account o f their commercial en­
terprises ; for they thus became more liberal in their views, and more cour­
teous in their manners. A t Genoa, the birthplace o f C olumbus, navigation
and trade early flourished. Vienna soon after became a place o f trade, o f
letters, and o f the arts ; and thence civilization and learning extended to
the more northern parts o f Germany.
A t a more remote period, Marseilles was a mart for foreign commerce.
It was early visited by the merchants o f T yre and Sidon ; and in its vicini­
ty probably was situated the ancient Tarshish, if, indeed, it were not the
same.
The Saracens also, who conquered Spain, conveyed the knowledge o f
arithmetic, astronomy, and algebra, to that country from A rab ia; but it
was not their disposition or object to disseminate either art or science for
the benefit o f other nations. T h ey were warriors, and promoters o f the
Mahomedan faith, rather than merchants or patrons o f civilization and
science.
W e are fully justified, then, in asserting the connection between com ­
merce and letters, the favorable influence o f the former on the latter, and
in urging upon the attention o f our citizens the consideration o f the vast




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Governmental History o f the United Slates.

and various benefits o f trade with foreign nations. The people o f the Uni.
ted States are o f an enterprising and inventive spirit. T h ey have made
great improvements in the useful arts, and in the mode o f education, which
people o f the old continent may do well to imitate. And the latter have
and will learn much o f the former in future periods. But Europe is not
stationary. It contains numerous individuals who are the most scientific
and learned characters in the w orld ; and we should not be ashamed to
learn o f them, nor to confess our obligations to them for a great portion o f
the science and literature o f our young, but rising country. And without
commercial intercourse with Europe, not only the means o f wealth, but o f
scientific and literary progress in Am erica, would be in a great measure
diminished.

A rt . III.— G O V E R N M E N T A L H IS T O R Y O F T H E U N IT E D
STATES.
FROM T1IE EARLIEST SETTLEMENT TO THE ADOPTION OF THE CONSTITUTION.*
. PART SECOND.

I n the first division o f our subject, we have traced the history o f the
“ Southern Colony o f Virginia,” till its establishment under a settled and
permanent form o f government. W e com e now to that o f the “ Northern
Colony o f Virginia,” more familiarly known as the “ Colony o f Plymouth,”
and which was so denominated because the proprietors o f the company
empowered to settle this division o f the continent, had their residence at
Plymouth. This company did not receive a patronage by any means equal
to that o f the other. Not only did it experience disadvantages from its own
location, but the shores on which its settlements were to be made, were
cold, bleak, cheerless, and inhospitable. Few men o f rank, o f opulence,
or o f enterprise, became interested in its transactions. And although it
was gifted with equal privileges with the company resident at London, it
fell far short o f the latter in the energy and efficiency o f its efforts to accom ­
plish the objects o f its incorporation. The first expedition under its auspi­
ces, was fitted out in the year 1606, but the vessels ethployed on this o c ­
casion were captured by the Spaniards. A n inconsiderable settlement was
formed at Sagahadoc in the year 1607, but the inclemency o f the climate
soon desolated whatever hopes it might have inspired, and no further at­
tempts were made other than to open a fishing and fur trade with the na­
tives. One o f these trading vessels, which sailed in 1616, was commanded
by Captain Smith, a name proudly conspicuous in the early history o f the
“ South Virginia Colony.” His inquisitive genius was not satisfied with a
trade to the country, without any further knowledge o f it than such as might
be gained from the unenlightened natives. H e landed, and spent some time
in exploring it. H e drew a chart o f the coast, made practical observations
on its bays and harbors, its soil and productions; and such were his repre* Continued from page 204, o f Merchants’ Magazine for September,




1840.

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Governmental History o f the United States.

sentations on his return to England, that the young prince, afterwards the first
Charles, became so fascinated that he bestowed upon it the name o f “ N ew
England.” Y et although many became interested in the accounts given by
Captain Smith, they had no further effect than to induce private adventurers
to prosecute the trade with the natives. N one were influenced to emigrate.
N or did the prospect o f gain sufficiently lure the company to attempt any
settlement. Men could not be induced to abandon their homes, ease, comfort, or luxury, for the sake o f an uncertain, or at least a distant advantage,
either to themselves or to their country. The shores were too wild, the
climate too harsh, and the end too precarious, to inspire or to encourage a
spirit o f adventure. Happily, however, for mankind, there was a spirit
which could face all these difficulties, and endure all these sacrifices and pri­
vations ; which could breast every danger, and welcome any disaster, with
the prospect, however distant or contingent, o f accomplishing its purposes.
A spirit which, under whatever trials, under whatever sacrifices, under
whatever circumstances, and in whatever clime, could still live and glow
in the bosom o f its possessor. A spirit whose exalted purposes were in
part accomplished the very moment it set foot on this “ wild and rockbound coast.” ’ It was a spirit which sought “ freedom to worship G od.”
After the warfare against the Romish church had been commenced by
the great champion o f the reformation, many o f the countries o f Europe
separated themselves from her communion, and abjured her authority. In
some instances, this rupture was sudden and violent, leaving no traces o f
the ancient superstition, but adopting an entirely new form o f doctrines and
o f discipline. Such was the case in the institutes provided by Calvin, and
adopted in many o f the estates o f Germany. T h e simplicity o f these, but
more particularly their hostility to the papal doctrines and ordinances, were
so much admired by the more zealous o f the reformers, that they were
adopted in Scotland, in the United Provinces, the dominions o f the House
o f Brandenburgh, in those o f the Elector Palatine, and by the Huguenots
o f France. In England, however, a different policy seems to have been
pursued, and the progress o f the principles o f the reformation here, was
more cautious and deliberate. She abolished, at first, only those doctrines
and institutions o f Rome, which were m ore prominently repugnant to the
principles o f freedom, or savored too much o f superstition or o f human in­
vention. T h e changes in her ecclesiastical polity were, likewise, either
retarded or accelerated, according to the various tempers, sentiments, and
even the caprices, o f her successive sovereigns. W hen Mary succeeded
to the throne in 1554, her bloody persecutions compelled many eminent
protestants to seek a refuge on the continent. T h ey were received with
sympathy, and found a more congenial home in various cities in the United
Provinces. A large number assembled at Geneva, and formed themselves
into a community under the institutes o f Calvin. On the accession o f
Elizabeth in 1558, and the consequent ascendancy o f the protestant religion,
they returned again to England, with strong and deep-rooted prejudices
against the church which had persecuted them, and ardently attached to
their own institutions. Their efforts, however, at a participation in the re
vision o f the forms and observances o f religion, and more especially o f
what was called the liturgy, were unsuccessful. Th ey found Elizabeth not
quite so liberal as her proclamations and promises had given them reason
to expect. Proud in the consciousness o f her superior abilities and her
accomplishments in the school o f theology, she deemed herself capable alone




Governmental History o f the United States.

401

to execute the task o f expurgation. And her policy was rather to concili­
ate the followers o f Rome, by imitating her in the pomp and parade o f ex­
ternal worship, than to widen the breach by any further alterations. During
her reign, an act o f conformity was passed, which, however, left it at the
discretion o f the queen to require the observance o f such ceremonials as in
her wisdom she might think most becoming and instructive. She accord­
ingly issued a proclamation prohibiting all preaching, and confining the ser­
vices o f the church to the reading o f the gospels and commandments, with­
out exposition or comment, together with the liturgy and the apostles1
creed. These ordinances were opposed by the advocates for a further re­
form, and many o f the most popular and distinguished o f the clergy were
deprived o f their benefices, fined, and imprisoned. A court was erected
called the “ High Commission for Ecclesiastical affairs,” whose trials were
summary, whose decisions were arbitrary, and whose inflictions were almost
as odious and cruel as the penalties o f the inquisition. Its proceedings not
only inflamed the zeal o f the reformers, but also roused them to acts o f
open rebellion. In tracing the history o f these inflammatory and intolerant
times, while we condemn and deprecate the harsh denunciations o f the es­
tablished church, we cannot altogether justify the spirit o f rebellion coupled
with the religious ardor o f the reformers. So ultimately blended, however,
were the civil and ecclesiastical affairs o f the kingdom, that the one could
not be reformed without essentially opposing, and perhaps undermining the
existing administration o f the other. Having reviewed it sufficiently for our
present purposes, w e will here leave the general subject, and turn our atten­
tion to that small and devoted band o f more humble and less erring piety,
who chose rather to seek an asylum where they might follow the dictates
o f their own consciences without fear o f provoking the inflictions o f intolerance.
Even among the reformers there were various opinions entertained with
regard to the doctrines and the discipline o f religion ; and rival sects had
long contended with each other respecting them. The least objectionable,
or rather the most popular o f their tenets, were reduced to a system by one
Robert Brown, a then popular preacher, who thus collected and organized
into a society a large number o f followers. It is to this sect, called Brownists, but more familiarly known as puritans, that w e trace the origin o f the
now prevalent denomination o f Independents, or Congregationalists. He
taught that the established church was corrupt, antichrist— that its ministers
w ere unlawfully ordained— that its discipline, its ordinances, and its sacra­
ments, were alike invalid and unscriptural, and prohibited all communion
with it. H e held, that any association o f Christians, meeting to worship
G od,; and united for that purpose, constituted in and o f themselves a church,
having exclusive control over all its affairs, independent on any other sect
or society, and amenable only “ to the great Head o f the church
that
the priesthood was not a distinct order in the ch u rch ; that the office did
not confer any superior sanctity o f character; that any man qualified to
teach, might be chosen by his brethren for that purpose, and set apart to
those functions “ by the laying on o f their h a n d s t h a t he could also by
them be discharged from that station, and sent back again into the rank o f
a private Christian. H e also insisted on a public profession o f faith, and
that the affairs o f the church should be regulated by a majority o f its members.
It needs scarce a moment’s reflection to understand how a system so
VOL. jii.— no. v.
51




402

Governmental History o f the United Slates.

democratic in its principles, and admitting such a liberty o f discipline, was
calculated to excite all the odium o f the civil, as well as ecclesiastical juris­
diction o f England. Doctrines so heretical and so damning, so subversive
o f all the received and cherished maxims o f government, could not be tol­
erated ; and, accordingly, full and heavy were the vials o f wrath poured
out upon their advocates. T o render their situation still more embarrassing,
their leader, Brown, was induced to abandon them, and conform to the es­
tablished church. It is a singular, as well as remarkable fact, that a sect
thus abandoned -in its infancy, by the very man who had founded it, and
planned its regulations, should Still continue its existence, and that the doc­
trines and discipline which he instituted, and labored afterwards to over­
throw, should survive to control the faith o f so many generations, to prevail
over the greater part o f the world.
W e have been thus particular in our observations on the origin and his­
tory o f this sect, because they have given an indelible hue to the complexion
o f the governmental history o f New England. And for this same reason,
we must follow them still further. T o avoid the increasing fury o f perse­
cution, they found themselves obliged to flee from their native country, and
sought refuge in Holland. T h ey settled at Leyden, under the pastoral
charge o f the Rev. John Robinson, where they enjoyed, for several years,
tranquillity. N o accessions,'however, were made .to their numbers, and
fearing a decline in the purity and spirituality o f their faith in so phlegmatic
a neighborhood, they began to look around for a more suitable asylum,
where they might plant their church, and propagate their doctrines, both o f
faith and discipline. The newly discovered country presented a field the
best adapted to their purpose. Here too, they thought an opportunity was
offered to show to an astonished world “ what manner o f spirit they were
of.” Th ey were not to be deterred by dangers, or daunted by difficulties.
Th ey were not men whom trifles could discourage, or disasters and hard­
ships overcome ; nor were they o f that sickly sentimentalism which could
not endure the breaking away from the ties and endearments o f home, o f
kindred, or o f country.
In 1618, they made an application to the Virginia Company for a grant
o f land within the limits o f its patent, which they received. Although
James, the then reigning monarch, gave them no assurances o f toleration in
their contemplated settlement, he did not discourage the expedition. Having
made such preparations as their means and patronage permitted, they set
sail on September 6th, 1620, for Hudson’s River. B y some design on the
part o f the captain o f their vessel, supposed to have been instigated by the
company, contrary to their own wishes and expectations, they were landed
far to the north, at Cape Cod. Here they found themselves beyond the
limits o f the company’s jurisdiction o f whom they had received their grant.
Having appointed John Carver, one o f their number, governor for one year,
they set about exploring the coast, in order to select a spot more favorable
for a settlement. On the 17th o f December, they came to a beautiful and
commodious bay, where they located, and called it Plymouth.
From the proud eminence on which we now stand, there is not, in the
whole range o f historical observation, a more sublime or interesting spec­
tacle than is presented in the character, the condition, and the purposes
o f that little band o f exiled emigrants to our shores.
Their sufferings
and the hardships they endured, have been the theme for poets and ora­
tors in every successive generation o f their descendants, and are doubtless




Governmental History o f the United Stales.

403

familiar to all who know any thing o f their country’s annals. The winter had fully set in, and was rigorous and severe beyond description. They
were but poorly provided with the requisites for a comfortable disposition
o f themselves or their families. And as no provision had been made in
their charter contemplating a landing so far to the north, they were much
perplexed as to the measures they should adopt for their government. This
circumstance, seemingly so trivial and untoward, had an important, benefi­
cial, and lasting influence on their interests, and the objects o f their exile.
Having landed where no authority o f the crown had as yet prescribed any
special regulations, they felt themselves more at liberty to adopt a plan o f
their own to regulate and govern their infant community. And on this
desolate and dreary spot, by a small band o f neglected, despised, persecuted,
and betrayed exiles, was laid the foundation o f a government, the most
democratic in its principles, and the most republican in its forms, o f any the
world had yet seen, or political theorists yet dreamed of. The following is
the compact under which they w ere united.
“ In the name o f G od, Am en. W e whose names are underwritten,
the loyal subjects o f our dread sovereign lord, King James, by the grace o f
God, o f Great Britain, France and Ireland, defender o f the faith, having
undertaken, for the honor o f our king and country, a voyage to plant the
first colony in the northern parts o f Virginia, do by these presents, solemnly
and mutually in the presence o f God and one another, covenant and com ­
bine ourselves together a civil body politic, for our better ordering, preser­
vation, and furtherance o f the ends aforesaid, and by virtue hereof, do
enact, constitute, and frame such just and equal laws, ordinances, acts, in­
stitutions, and offices, from time to time, as shall be thought most meet
and convenient for the good o f the c o lo n y ; unto which we promise all due
reverence and submission.
“ Witness, & c. November 11th, 1620.”
This compact was signed by about forty-one individuals, for themselves
and families— under it a government was organized, called the “ Colony o f
N ew Plymouth,” consisting in all o f about one hundred and three persons.
The executive authority was vested in a governor and assistants, to be
elected annually by an assembly o f the people. E very freeman belonging
to the church, was permitted to vote in all matters o f public interest. Most
o f their jurisprudence was borrowed from the institutes o f Moses, which
were to a certain extent well adapted. Some o f these, however, were
adopted without reference to their original intent, or their application to their
own circumstances and condition. And how much soever we may be dis­
posed to commend the spirit which prompted them, as evidencing their pious
zeal and sincerity, we cannot give them credit for much political sagacity.
Under this frame o f government, they continued till the year 1634, when
they were incorporated with the colony o f Massachusetts Bay, which being
next in the progress o f our history, merits our attention.
In tracing the history o f the Plymouth colony, we have seen that it was
not settled under the auspices o f the company at Plymouth, although on the
territory comprehended within the limits o f its jurisdiction. That company
had, indeed, made no successful, or very laudable efforts to settle the coun­
try. Accordingly, James I., in the year 1620, published a new charter to
the then Duke o f Lenox, the Marquis o f Buckingham, and others, confirm­
ing to them a still more liberal grant o f territory, powers, and privileges.




404

Governmental History o f the United States.

than was contained in that o f the former patentees, and with provisions
similar to those contained in the charter to the “ South Virginia Colony.”
This new company was entitled, “ The Grand Council o f Plymouth for
planting and governing N ew England.” The motives alleged as having
influenced James in making this grant to persons whose wealth, rank, and
influence, seemed to promise a speedy and effectual accomplishment o f the
objects contemplated in the establishment o f the former company, were a
desire to prevent its possession by men professing the sentiments and bear­
ing the name o f the puritans. Yet, notwithstanding this new incorporation,
and that it was thus liberally endowed, all attempts at colonization were un­
successful, and the project itself at length abandoned. “ Thus,” in the
language o f an eminent English historian, “ N ew England must forever
have remained unoccupied, i f the same causes which occasioned the emi­
gration o f the puritans had not continued to operate.” And it was doubt­
less a like conviction that induced the crown o f England to acquiesce in the
granting o f a patent to them. F or although they had made repeated appli­
cations, it was not till after this second company, instituted for the express
purpose, had relinquished all idea o f any further attempt at a settlement,
that their application was at all respected.
Through the instrumentality o f a Mr. White, an association o f gentle­
men, professing the faith o f the puritans, (some secretly and others openly,)
was formed, who obtained from the council at Plymouth a grant o f the ter­
ritory “ extending from three miles north o f the river Merrimac, to three
miles south o f Charles River,” and from the Atlantic to the South Sea, or
indefinitely into the interior, (M arch 19, 1627.) But, as there were indi­
viduals engaged in this enterprise o f more political forethought and sagacity
than had hitherto characterized the leaders o f this sect, they were unwilling
to rely on a tenure from a company whose right to grant political privileges
they at least questioned. T h ey therefore applied directly to the crown, and
Charles, the reigning monarch, gave them a patent, bestowing the requisite
powers and privileges to enable them to establish laws and regulations for
their society, (16 28 .) Thus their right to the territory purchased from the
council being confirmed to them by the crown, th ^ 'to o k an early oppor­
tunity to fit out an expedition for N ew England.
By their charter they were invested with power to sell lands and to govern
the settlers under them, and it was provided that the government should be
administered by a governor, a deputy governor, and eighteen assistants.
The first were appointed by the crown, and after that they were to be
elected, from time to time, from among the freemen o f the company, by the
corporation. The executive authority was vested in the governor and his
assistants; the legislative in the body o f the proprietors, who were empow.
ered to enact such laws as they might deem for the benefit o f the commu­
nity, “ agreeably with the laws o f England.” Lands were holden by the
most free and liberal tenures, “ in free and common socage, and not in
capite, nor by knights’ service,” yielding to the crown one fifth part o f all
ore o f gold and silver. The governor, or the deputy governor, with seven
assistants, constituted a court or quorum for the transaction o f ordinary
business, which was to be held once every month. A general assembly o f
the company was to be held four times a year, for the purpose o f admitting
freemen to the freedom o f the company, to elect officers, and to enact law3
and ordinances for the good o f the colony. The governor, deputy governor,
and assistants, were chosen at one o f these general assemblies, held in the




Governmental History o f the United States.

405

spring o f the year. Duties on imports and exports were temporarily withholden, as in the South Virginia colony, and the colonists were invested
with all the rights o f natural born subjects o f England. Some o f our own
historians are o f opinion that indulgence in religious opinions was expressly
given by this charter. But an English historian, o f credibility and candor,
who claims to have examined the charter himself, says that no promises
were made o f any relaxation o f the severity o f the statutes against nonconformists. And the character o f Charles and his ministers supports
this authority. Y et, whatever may have been the express or implied provisions o f their charter, in this respect, the company were not deterred
from prosecuting the objects they had in view.
T h e first expedition under the direction o f this association was fitted out
in the year 1629, and consisted o f five ships, containing upwards o f three
hundred adventurers, all o f whom were o f the sect o f the puritans, and were
seeking a refuge from the persecutions o f the mother country. T h ey ar­
rived in N ew England on the 29th o f July o f the same year, and touched
at a place which, in their love o f scriptural associations, and perhaps also
because it was expressive o f the rest they hoped to find, they called Salem.
Th ey associated together as a corporate body, and adopted that plan o f
discipline in ecclesiastical matters called Independent, expressly repudiating
all connection with episcopacy or the liturgy, which also gave a complexion
to much o f their civil polity. A t this period, the exactions o f Laud induced
many non-conformists to seek an asylum in N ew England. Some o f these
were men o f rank and opulence, who came over with their families and
their fortunes. Through their influence and instrumentality a very im­
portant revolution was effected in the government o f the colony. It will
have been observed that the company to whom the charter o f government
was granted, was resident in England, and that all its business, for the re­
gulation o f the colony, was to be transacted there. A government so far
removed from its subjects, it was well contended, could know little o f their
wants, and would be insensible o f their embarrassments. Accordingly, in
August, 1629, the company resolved, “ that its charter should be transfer,
red, and its government settled in N ew England.”
This was a bold and an important measure, and the result was greatly
for the benefit o f the colonists. Their operations were now less under the in­
spection and the control o f the crown, which afforded an opportunity for the
more easy execution o f their own plans. The charter arrived in the colony
in 1630, and at the same time about fifteen hundred persons, who planted
themselves at Boston, and in that vicinity. John Winthrop, one o f their
number, was chosen governor, and Thomas Dudley, with eighteen others,
assistants. And in these, “ conjointly with all the freemen who should
settle in N ew England,” were vested all the corporate rights, powers, and
privileges o f the company. The rapid increase o f the settlers, and the
extension o f their settlements, excited the fears o f the natives, and a war
with them seemed inevitable.
Providentially, the small-pox broke out
among the Indians, and destroyed whole tribes o f them in a very few weeks.
T h e tracts o f land thus desolated were rich and well-selected, and seemed
vacated to open a ready and fit resting-place for the thousands who now
crowded to these shores to avoid the increasing fury and the cruelties o f
intolerance. Tow ns and villages, thriving and beautiful, sprung up almost
with the power o f magic. This dispersion o f the settlers from the imme­
diate vicinity o f the government, where, according to their charter regula­




406

Governmental History o f the United Slates.

tions, each freeman was to appear in person, made it necessary to appoint
delegates to appear, fully empowered to deliberate and decide for them.
And to this point we may refer the distinction which obtains between a
republican or representative form o f government, and one purely demo­
cratic. T h e latter is practicable only in small communities, and known
only in the infancy o f society ; the former is the necessary result o f its ex­
tension and distribution.
This change, however, did not actually take place till the year 1634,
when the several towns sent representatives to the general court, which
had hitherto been composed o f the freemen at large. A t this session, they
passed a “ bill o f rights” guarantying.to the people o f Massachusetts Bay
the privileges o f civil and religious lib erty ; they declared also that the
general court alone had power to enact laws, to elect officers, to impose
taxes, and to sell lands; and “ that every town might thereafter choose
persons as representatives, (not more than tw o,) who should have the full
power o f all the freemen, except in the choice o f officers and magistrates,
wherein every freeman must give his own vote.” Thus was formed the
first representative assembly ever held in N ew England, and the second
held on this continent. The governor and assistants at first sat together,
as one house, with the representatives. In 1644, they became divided into
separate houses, each o f which had a negative on the acts o f the other.
In 1635, the council at Plymouth surrendered back their patent to the
crown, at which time several inconsiderable settlements which had been
planted within the present limits o f N ew Hampshire in 1620, together with
the colony at Plymouth, were incorporated with this colony. “ From this
period,” (16 44 ,) says Dr. Robertson, “ we must consider this colony, not
as a corporation whose powers were defined and its mode o f procedure
regulated by its charter, but as a society which, having acquired or assumed
political liberty, had, by its own voluntary deed, adopted a constitution o f
government framed on the model o f that o f England ; ” but, w e may add,
in many o f its most important and interesting features, widely different.
T h e colony continued under this form o f government down to the great
revolution o f charters in 1684, when its charter was overthrown; from
which period we find an almost uninterrupted controversy to have existed
between the colony and the crown, down to the year 1691, when a new
charter was issued by W illiam and Mary, under which the colony became
incorporated as a province, and continued to be known as such until after
the revolution. The principal features wherein this charter differed from
the former, will be observed when we com e to the third division o f our
subject. It now included within its territorial limits “ all the old colony
o f Massachusetts Bay, the colony o f N ew Plymouth, the province o f Maine
the territory called Acadia or N ova Scotia, and all the lands lying between
Nova Scotia and Maine,” under the name o f “ The Province of. Massachu­
setts Bay in N ew England.”
In the progress o f our history we com e next to the colonies o f Connecti­
cut and N ew Haven. This territory, now comprehended within the limits
o f the state o f Connecticut, was granted by the “ council at Plymouth” to
the Earl o f W arw ick, in 1630. This patent from the company was con­
firmed to the patentee by Charles I. and was by him conveyed to lords
Say, Brook, Seale, and others, in 1631. In 1632, they sent out adven­
turers to explore the coast and the interior o f the country. This expedi­
tion penetrated the Connecticut river as far as W indsor, but it does not




Governmental History o f the United States.

407

appear that they made any settlement. T h e first colony was planted at
Saybrook in 1635, under the direction o f Mr. David Gardner, who was
invested with the usual powers and prerogatives o f government. In this
same year, about one hundred persons, and, in 1636, several companies
from Massachusetts Bay, settled at Hartford, W indsor, Wethersfield, and
other towns ; and in 1638, these several settlements entered into a general
compact o f union, under the name o f Connecticut. B y this compact, it was
ordained and established, that two general assemblies or courts should be
held in'each year, during the months o f April and September ; that the first
court should choose the governor and his assistants, who were sworn to
administer justice according to the laws, or, in default o f any appropriate
enactment, “ according to the word o f G o d t h a t all freemen, who pre­
viously had taken and subscribed an oath o f fidelity, should be permitted to
vote at this general court. Each town was required to nominate two can­
didates for governor, and no person could be chosen, or considered a can­
didate, unless for some days previous to the time o f election he was thus
nominated. The governor held his office for one year, and no person
could be chosen two years in succession. Each town was also required to
send delegates to this court, and after the business o f the election was
closed, the assembly consulted on matters o f general public interest. The
second court, or that held in September, was for the purpose o f enacting
laws, and making other provisions affecting the welfare o f the colony.
These several courts were to be convened on a summons sent out one
month previous to the time o f holding their session by the governor, who
also had power to assemble them on special and extraordinary occasions,
on a warning o f fourteen days. In ease at any time he refused to do so,
the freemen might order the constables to assemble them, and, meeting
under these circumstances, one o f their number was chosen moderator, and
their acts were binding on the people. Hartford, Wethersfield, and W in d­
sor, sent each four delegates to these assemblies, and the general court
determined from time to time the number which should represent the other
towns. The general court consisted o f the governor, or, in his absence, as
we have seen, a moderator and four other magistrates, with the delegates
from the several towns. Its powers were in all cases supreme. It could
make laws and repeal them, grant levies, admit freemen, and take cogn i­
zance o f all matters, civil and criminal, and punish offenders. T h e gov­
ernor had a casting vote, in case o f an equal division o f the members in
the general court.
In the year 1638, a small band o f adventurers, who had landed at Boston,
in the colony o f Massachusetts Bay, the year previous, under the conduct
and guide o f the Rev. Mr. Davenport, desirous o f establishing a settlement
where they might plant a colony, and propagate their own peculiar views
and principles o f religion, proceeded thence to the southward, until they
came to an extensive level plain, on the bosom o f a wide-spreading and
beautiful bay, where they halted, and called their settlement N ew Haven.
Th ey made no provision for a title to the soil, but relied simply on their
ability to make some friendly arrangement with the natives, whom they
regarded as the just and only proprietors. They were invested with no
political privileges, but framed their own ordinances and regulations ; and
the plan o f government which they adopted was unlike that o f any Other o f
the colonies in N ew England, though in some o f its provisions similar to
that o f the colony o f Connecticut. It resembled, i f we may so speak, a




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Governmental History o f the United States.

chriscocratic^orm o f government. The church was the head o f the colony,
and the minister was the head o f the church. T h ey adopted a community
o f goods, and an equal distribution o f lands, in imitation o f the early Chris,
tians. N one were admitted to the freedom o f the community unless they
w ere members o f the church, and all its officers, whether civil or military,
it was required “ should be men professing the Christian faith.” These
fundamental principles were unanimously adopted at the first general as.
sembly held by the colonists, when it was also resolved that a general court
should be erected, composed o f the governor, magistrates, and two dele­
gates from each town, to be chosen annually. A ll power, executive, legis­
lative, and judicial, resided in this general court, with a right o f appeal to a
supreme court, consisting o f all the magistrates o f the colony, six o f whom
constituted a quorum. In 1662, Charles II. published a new charter to the
colony o f Connecticut, in which he included the colony o f N ew Haven, in­
corporating them by the name o f the “ Governor and Company o f the
Colony o f Connecticut in N ew England, in A m erica.” T h e colony o f
N ew Haven, however, did not accede to the union contemplated by this
charter till the year 1665, when both o f these colonies were inseparably
united under one form o f government. The charter provided that the gov­
ernment should consist o f a governor, deputy governor, and twelve assist­
ants. These, together with two deputies from every town or city, con­
stituted a general assembly, which it was ordained should meet twice a year.
T h e charter nominated the first governor and assistants. The powers o f
the general assembly were similar to those enumerated in the other char­
ters, and all the liberties and immunities o f “ free-born natives o f England”
were guarantied to the inhabitants o f the colony. The magistrates and
delegates sat together as one house until the year 1698, when the general
court was divided into two houses; the magistrates and assistants consti­
tuting the upper house, over which the governor presided, and the delegates
the lower house. A n attempt was made by the crown to repeal this charter in the year 1685, and Sir Edmund Andros having received a commission to that effect, arrived at Hartford in 1687, proclaimed that the g o v ­
ernment o f the colony was dissolved, and demanded the charter from the
general court, then in session. During the confusion and excitement o f
the occasion, the charter was privately conveyed from the house, and se­
creted in an oak tree in the suburbs o f the city. After the revolution o f
1688, the colony resumed the exercise o f all the powers contained in this
charter, and continued under the same till the year 1818.
Am ong the earliest enactments o f the general assembly o f the colony, a
bill o f rights was published, which secured to every man the rights o f a
freeman, protecting his life, his person, his name, and his property from
any injury, restraint, or damage whatever, “ unless by virtue o f some ex­
press law o f this colony, warranting the same, established by the general
court, and sufficiently published ; or, in case o f the absence o f a law in any
particular case, by some clear and plain rule o f the word o f God, in which
the whole court shall concur.” It also secured, in civil and criminal cases,
the right o f trial by jury. Their criminal code was derived from the M o­
saic institutions, and they declared those offences capital which were so
declared by the sacred writings. T h ey enjoined on all persons, and es­
pecially upon the officers and magistrates o f the colony, a regular attend­
ance at ch u rch ; were rigorous in enforcing all moral obligations; and
punished delinquencies by the severest penalties.




Governmental History o f the United States.

409

Such were the principal governmental regulations o f the colony o f Connecticut, which was less disturbed by those conflicts o f faith and doctrine,
and remained more equably pure and true to the original principles o f the
puritans, than any other o f the N ew England colonies. And down to this
present time we may trace the beneficial effects o f what we are now apt to
term “ their bigoted enactments.” T h ey were like the early discipline o f
a child in the faith and precepts o f religion and virtue. Th ey stamp their
impress upon the heart; and manhood, with the wisdom brought by experience and reflection, only removes whatever o f error, superstition, or bigotry,
may have accompanied their inculcation, while the vital principle itself re­
mains to preserve from vice and infamy. Just so has it been with the in­
fluences set in operation by the puritans in Connecticut; nor is there any
other portion o f our now extended territory, where the religious virtues
have so powerful an ascendancy, or where the whole moral character is
developed in more beauteous and attractive proportions, or where we can
mark so little deviation from the principles and practical piety o f our fore­
fathers. There the seed sown by them seems to have fallen on its most
genial soil. The errors, superstitions, and imperfections, which necessarily
attended their early, and not well instructed, because persecuted, zeal, have
gradually faded away before the progress o f knowledge and refinem ent;
and she retains only the simplicity and sincerity o f their devotion, the
steadfastness o f their faith, and, running through all her institutions, the
purity and integrity o f their principles. H er political fabric is the least
complicated o f republican forms. H er society is framed under the wisest
and the best o f human regulations. Her sons are among the steadiest,
the most fearless, and yet the most unostentatious o f patriots. H er daugh­
ters the most virtuous as wives, and the most Roman as matrons. W hat
part o f our union does not at this moment feel and acknowledge her in­
fluence?
In pursuing the history o f the N ew England division o f our continent,
there is yet another colony whose rise and progress demand our attention.
It has already been observed that the “ Colony o f Massachusetts Bay” was
early and often distracted with “ sects and heresies” among themselves.
In the year 1631, one Roger Williams, o f Salem, promulgated substantially
the following sentiments. That such persons as had held communion with
the church o f England should openly confess their error ; that saints ought
not to hold communion with sinners either in worship or oath ; that it was
unlawful for unregenerate persons to pray ; that the civil magistrate ought
not to interfere in matters o f religious faith and practice ; that intoleration
is persecution; and, that the patent o f the king, disposing o f the lands be.
longing to the natives, without their consent, was unjust and void.
Mr. Williams was summoned before the general court on account of
these sentiments, and subsequently banished from the colony. Collecting
a few followers, he proceeded southward as far as the ocean and Narragansett Bay. Cultivating a friendly disposition with the natives, he gained an
opportunity to explore the country, and settled at a place which he called
Providence, in 1636. About two years from this period, the famous Mrs.
Hutchinson commenced her career in promulgating what was called “ the
antinomian heresy,” maintaining “ that faith alone, without works, would
secure salvation.” She, with a number o f followers, was also banished
from the colony. Th ey proceeded to Providence, and associating with
Williams and his followers in a civil compact, purchased from the Indians
VOL. in.— n o . v.
52




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Governmental History o f the United States.

the island o f Rhode Island, March, 1638. In the course o f the year fol­
lowing they planted Newport. Th ey soon found, however, that a title de.
rived from the natives was not sufficient to protect them against the claims
and the encroachments o f Massachusetts; and feeling the necessity o f a
higher right to their settlements, in order to establish a form o f govern­
ment which would be respected by the older colonies, they sent Roger
Williams to England, to petition the crown for a patent. The Earl o f
W arw ick granted him a charter o f incorporation o f “ Providence Planta­
tions,” in 1643, which was confirmed by the two houses o f parliament, in
1644, ( “ Charles the First having been driven from the capital.” ) A n as­
sembly, composed o f the freemen o f the several plantations o f Providence,
Newport, and Portsmouth, convened under this charter in 1647. It vested
the legislative power in a court o f commissioners, to consist o f six persons,
chosen by the several towns then in existence. The executive power was
vested in a president and four assistants, who were chosen from among the
freemen, who also formed a court for the administration o f justice. E ach
township chose a council o f six persons for the regulation o f its own pri­
vate affairs, and for the settlement o f trivial controversies. T h ey continued
under this form o f government until after the restoration. In 1663, they
obtained a new charter from Charles II. under the name o f “ The Governor
and Company o f the English colony o f Providence and Rhode Island Plan­
tations in N ew England, in Am erica,” which placed the colony on a foot­
ing with Massachusetts and Connecticut, and led to the establishment o f a
friendly intercourse between them. Under this charter, the executive
power was vested in a governor, deputy governor, and ten assistants, elected
by the freemen. The legislative consisted o f a general assembly, composed
o f the governor, deputy governor, ten assistants, and delegates from the
several towns. Newport sent six delegates to this assem bly; Providence,
Portsmouth, and W arw ick, fo u r ; and each o f the other towns, two. T h e
governor, or deputy, with six assistants, were always present. The general
assembly had power 'to enact laws, admit freemen, choose officers, to esta­
blish courts o f justice, to punish offences, and do whatever was necessary
for the common defence o f the colony. The most remarkable feature
which distinguished this from all the: other colonies, was unqualified reli­
gious toleration. It was provided “ that no person should be in any wise
molested, punished, disquieted, or called in question, for any differences
o f opinion in matters o f religion.” This is the first recognition o f the right
o f liberty o f conscience and freedom o f worship, which w e find in the
charter regulations o f any o f the colonies, and does honor to the mem ory
o f the king from whom the charter was obtained. Am id the conflicting
opinions o f different historians, we will not cast reproach upon the memory
o f the colonists, by supposing that in their legislative provisions they ever
departed from these liberal provisions. It is true that they expressly prohibited sports and labor on the Sabbath, but this can hardly be regarded as
an act o f intoleration. Th ey continued under this charter, with some in­
terruptions, down to the time o f the Am erican revolution ; and even to this
day, it is regarded as the fundamental basis o f its government in the state
o f Rhode Island. The governor, assistants, and deputies sat as one house
till 1696, when it was- enacted that the house should be divided, the gov­
ernor and assistants constituting the upper branch, and the delegates the
lower. None but freemen o f the colony were allowed to vote at elections
which they might do either in person or by proxy.




The Banking System o f Massachusetts.

411

Such, as we have attempted successively to trace them, was the origin,
and such the general governmental regulations o f the colonies o f N ew
England. H ere we close this view, which we have made the second part
o f our governmental histoiy. It cannot be that we have gone over it without interest or instruction. W e have seen the “ wilderness bud and blos­
som as the rose,” and the solitary place made glad with the voices o f in­
dustry, civilization, and religion. W e have seen a wild, inhospitable, and
forbidding continent converted into a cheerful, inviting, and growing garden
o f freedom and independence. W e have seen the pure principles o f liberty
and religion, thrown out from among the discordant elements o f civil and
ecclesiastical tyranny and usurpation, spring, as it were, into new life, and
like their great Author, when first he communicated them to man, without
a home or a resting-place, defended only by the poor, the' illiterate, the
despised, and the persecuted. W e have seen how they have accumulated
strength and energy, even in the darkest hour o f their peril, till they awaken
the interest and the regard o f the opulent, the honorable, and the powerful.
W.e have seen how the bonds o f social union are originated, and how its
spirit forms in its infant state. W e have seen small communities o f men
planted, reared, and transformed into political bodies ; and have also marked
how the operative principles o f republicanism have successively developed
themselves. W hile at the same time, we have discovered by what a sin­
gular and peculiar instrumentality, and influenced by what causes, the
characteristic qualities o f this portion o f our country which are progress,
ively imprinting themselves on the face o f our whole union, have been
originally acquired. L et it awaken the ardor and fire the energy o f our
devotion to institutions so wisely framed, and with so much care, so much
toil, so much sacrifice, and so much blood, reared by our forefathers. Let
it teach us to appreciate the noble heritage they have left us. Let it re­
kindle our vigilance, and excite a jealousy o f all, o f any doctrines which
tend, either in theory or in thought, to undermine the foundations they
have laid.

A kt . IV .— T H E B A N K IN G S Y S T E M O F M A S S A C H U S E T T S .
W e are the advocates o f a sound paper currency. W e regard a paper
circulation as one o f the most efficient agents for the promotion o f the pub­
lic prosperity. W e look upon the substitution o f an intrinsically valueless
promise-to-pay, for gold and silver, as a currency, as one o f the greatest
improvements o f modern tim es; not only because o f its econom y, but be­
cause of its effect, as the representative not only o f property in the shape
o f gold and silver, but o f every other species o f property, in multiplying the
means o f increasing wealth, and diffusing it throughout the community.
W e look upon a sound paper currency as an evidence and a.means o f im­
provement and progress. It is an instrument which civilization and refine,
ment have invented, and one that will continue to be used by man as long
as his progress is onward in the path o f social well-being. But our object
in the present article is not to enter into a defence o f paper money. W e
have made the foregoing remarks to prevent the possibility o f our being




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The Banking System o f Massachusetts.

misunderstood in some strictures which it is our intention to make upon the
banking system o f Massachusetts.
W e are willing to avow, on the outset, that our object, in the present ar­
ticle, is to expose an evil, but not to provide a remedy. T h e first step
towards a cure must always be a clear understanding o f the nature and seat
o f the disease. A project for a remedy may furnish a subject for another
article. But it may be asked, what is then faulty in the banking system o f
Massachusetts 1 T h e banks are all paying specie, and they have the confi­
dence o f the community to as great an extent as is desirable or proper.
Surely a plan o f which such are the results must be a good one. L et it be
remembered, that when the ship leaves the port on a distant voyage, she
goes prepared to encounter the ocean-storm, as well as to take advantage o f
the favoring breeze and the smooth sea. H ow recently have we seen the
whole coast strewn with the wrecks o f those wealth-producing and wealth,
distributing interests, which, founded on credit and sustained by credit, un­
der the direction o f enterprise and skill, had been the means o f so rapidly
multiplying and extensively diffusing the wealth o f the coun try! I f there
are in our present system defenceless points, that cannot resist the storms
o f adverse, or the corruptions o f favoring influences, it becomes us to
strengthen them, and not to flatter ourselves that the credit and integrity
o f our citizens will not again be submitted to a test o f such overpowering
severity.
It will be seen while we are exposing what we believe to be evils in the
Massachusetts system, that they are most o f them o f such a character, as
to render it probable that they are not confined to that state. W e shall not
trouble ourselves to point out what are local and what general. If, in what
we have to say respecting the banks o f Massachusetts, there shall be found
any thing applicable to the systems in operation in other parts o f the coun­
try, let those who are interested make the application.
W hat are the principal features o f the Massachusetts system ? W hat
the obligations and what the privileges o f the banking companies in that
state ? In order to ascertain these, let us take a bank o f a certain amount
o f capital, say half a million o f dollars, and find out the provisions o f the
laws by their application to a bank o f that size.
A bank with a capital o f ....................................................... $500,000
Can issue bills to the amount o f ...........................................
625,000
Can have due to it on discounted p a p e r ,............................... 1,000,000
Can owe in bills and other obligations exclusive o f deposits, 1,000,000
Must pay to the state treasurer a n n u a l l y , .........................
5,000
I f the issues o f the bank are not redeemed on presentation, in gold or
silver, the holder is entitled to receive interest on the amount at the rate o f
24 per centum until they are discharged.
I f the capital stock shall prove insufficient to redeem the bills issued, the
stockholders are liable in an amount equal to their stock, for the deficiency.
T h e state has the right at any time to demand, at thirty days’ notice, a loan
o f $50,000, at an interest o f five per c e n t; and if the requisition is not
complied with, two per cent per month will be demanded during the time
o f the delay.
Such are the main features o f the existing banking law o f Massachusetts,
applied to a bank with a capital o f five hundred thousand dollars. W e
have omitted details, so that the most important provisions o f the law may




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413

the more plainly appear. W e shall now proceed to lay before our readers
some o f the more obvious considerations which have arisen in our minds
from an examination o f the statements we have presented.
In the first place, we would call the attention o f our readers to that part
o f the contract between the government and the stockholders, by virtue o f
which their notes, payable on demand, and signed by their officers, are
made a part o f the currency o f the state, and go to add to the means o f ex­
tending their operations. In our opinion, this part o f the banking system is
radically defective ; and we believe that it is mainly owing to the erroneous
principles upon which our banking legislation has been founded as far as it
relates to the currency, that so much evil has been found to result from the
use o f a paper circulation. W e do not hesitate to declare our entire con­
viction, that a system which allows a banking company with a capital o f
h a lf a million o f dollars to put out six hundred and twenty fiv e thousand dollars o f bills to be used as currency, is an unsound system, and ought not to
be sustained.
It is not safe to place in the hands o f individuals, who, as managers o f
banks, are naturally desirous o f increasing their own business facilities, or
the profits o f their stockholders, the power o f increasing to almost any ex­
tent they please the currency o f the state. The currency, which is merely
the measure or standard o f value o f the property o f the people, ought not to
be subjected to the changes which follow from the exercise o f this power on
the part o f those to whom it is given by the laws o f this commonwealth.
It is not enough for wise legislation to see that penalties are provided for
the non-performance o f the obligations borne upon the face o f the bank
note. The mischief arising from a currency depreciated by its excess, can­
not be repaired by the punishment o f those by whose instrumentality the
excess was produced. Under any circumstances, an issue by a bank, o f
bills amounting to once and a quarter its capital, would in our opinion be ex­
cessive ; but if made, the laws o f the land would sanction it, and it would not
avail, in the face o f the law by which it is permitted, to say that it was not
supposed that the liberty would be used. W hen the law says that a bank
may loan twice the amount o f its capital, and may put out once and a quar­
ter the amount o f its capital in its own notes, it virtually declares it to be
the opinion o f the legislature that such an extension o f loan and issue is both
practicable and safe.
T h e amount o f bills that should be put forth as currency, ought not, in
our opinion, to be governed by the ability o f interested individuals as agents
o f associations to give them out in exchange for obligations o f another
character. A s long as notes bearing interest can be received for notes not
bearing interest, with no return o f the latter for exchange for that which is
promised to be given for them on demand, so long, we are warranted by the
experience o f the past to say, will the operation be continued. And can
that be a safe currency which is derived from such a source 1 Is money
produced under such circumstances likely long to remain a proper standard
o f value and medium o f exchange ? Is it right that the property o f every
person in the state, should depend for its value upon the ability or inclination
o f the interested individuals whom the laws have made coiners o f a cur­
rency to issue out their prom ises to pay ? W e answer these questions in
the negative. W e say that the banking institutions, as they are now con­
stituted, are not the proper sources o f a currency.
In this connection, we would look for a moment at the enormous tax




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The Banking System o f Massachusetts.

that is paid by the banking capital o f this state into the state treasury. W e
would ask those upon whom it may devolve to legislate for the interests. o f
this people, to consider well the principles in which this tax had its origin,
and its effect upon the operations and stability o f our banking institutions.
L et us ask why it is that capital employed in banking, is thus singled out
by the legislature as a source o f revenue ? W h y are the banks obliged to
pay a tax which supports the whole state expenditure ? The ready and ob­
vious answer is, because they have power conferred upon them o f increasing
their means o f business by making a currency. T h ey have, by their char­
ters, a monopoly o f currency-m aking; and by an agreement with the gov­
ernment they pay one per cent upon their respective capitals for the right.
This,' at first view, looks all well enough and fair enough, and it would not
appear' as i f there was any just ground o f complaint on either side. But
w e think that it will be found, upon examination, that it is neither correct
in principle, or salutary in its operation. N o one will pretend to say that
there is any other reason for taxing a bank than that above stated. The
people say we are willing you should put out your bills as money, but we
intend to have the benefit o f it by taxing you full as much as the privilege
is worth. This being allowed, it follows inevitably, that the banks should
pay in the same proportion that they make use o f the privilege. Y ou can­
not reach this, the only just mode o f assessment, by a tax upon capital. I f
a bank chooses to waive that part o f the contract which confers the right to
make a part o f the currency, and to operate upon its capital alone, there
appears to be no sound reason why it should not be allowed to do so with­
out paying a large sum to the state. The extent to which the right o f
adding to its capital by means o f its issues, is used, should be the measure
o f taxation, i f this mode o f increasing the revenue is at all permitted.
Again, the law which requires the payment o f this tax, sanctions the use
o f means on the part o f the banks to enable them to meet it, and at the
same time to pay a fair dividend to the stockholders. The popular cry is,
that the banks are too much extended, that their issues are excessive, or that
they have been guilty o f extortion in all the various forms which the pos­
sessors o f capital employ to obtain excessive interest. I f this is true, and
there is a willingness to allow the stockholders o f these institutions the usual
and legal rate o f interest, six per cent, upon whom shall be justly charged
the alleged redundancy and extortion ? The tax can be paid but in one or
both o f the two methods above mentioned. The capital o f the bank must
be increased by the issue o f bank notes, or extra interest in some shape
must be taken. The law sanctions the issue o f the bills, and the legislators
o f the state, when they imposed the tax, established it as a safe and correct
principle o f operation, that the credit o f the bank should be used to an ex­
tent adequate to the attainment o f the means to meet it. The banking
capital o f the commonwealth has not, for the last twenty years, paid more
than six per cent, and therefore, if it be true that the amount o f bills issued
by them has been too large to constitute a currency which would be safe
under all circumstances, that legislation which allowed a bank to issue its
own notes to once and a quarter the amount o f its capital,, and which im­
posed upon that capital a tax which could not be paid without the unsafe
issue, must be pronounced to be mistaken and unsound. W e know that it
is said that those who petition for banks, do so with a full knowledge o f the
obligations which they take upon themselves; and that they ought not to
complain if they find they are unable to meet them without loss. This is




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415

specious, but in the light in which we are now looking at this subject, the
argument has no force. W e are considering banks as sources o f curren,
cy— as the means which the wisdom o f the state government has'devised to
furnish a circulating medium. Upon every bank which is chartered, is
conferred the power o f adding to the amount o f paper circulation ; and the
law that accompanies the charter, sanctions the use o f that power. I f the
situation in which the new bank is placed, is unfavorable to the attainment
o f a circulation, it does not follow, as a matter o f course that the bank is
not needed. But if it cannot fairly and legitimately obtain a circulation,
ought the law so to operate as to oblige its managers to make use o f means
to force out upon the public a circulation which is not wanted, and which
can only be supported by the constant exercise o f forcing measures ?
W hile we deny the propriety o f acting upon the principle o f granting
charters as a matter o f right to all who may ask for them, considering the
provisions o f the present banking law o f our state, the passage o f an act estab­
lishing a bank, is, in our view, an evidence that the legislature is satisfied
that a bank is needed. W e have a right to believe that those who have
sanctioned the act o f incorporation, are satisfied that the bank which it puts
into operation ought to exercise the power o f making a part o f the curren­
cy— that it would be Safe and proper to make an amount equal to once and
a quarter its capital, and that it must make enough to enable it to pay the
price which is demanded for the grant.
There is another point o f view in which we would present .this subject to
the consideration o f the community. There cannot be a doubt, at this day,
on the minds o f any who are at all conversant with banking affairs, that
bank charters are frequently obtained, not for the purpose o f investing, in a
concentrated and therefore more easily managed form, the scattered capital
o f a community, but that a. capital may be obtained by the circulation o f
bills for the use o f the principal managers, who have no other. In this'way,
men who are without one cent o f real capital are enabled to get into their
possession large sums o f m on ey; and in almost every instance it will be
found that it is done at the expense.of those who have been induced by the
legislative sanction given to the issue, to suppose that the bills were pro­
tected by something more substantial than the stock notes o f the needy and
greedy managers. Is a currency obtained by deception, based upon the
prospective profits o f an India-rubber speculation, and maintained by that
petty and contemptible management which is necessary in the forcing process by which the bills o f one bank are substituted in the pockets o f the
people for'those o f another, such an one as is demanded for the purposes
o f business or as a standard o f value 1
W e would, with much deference for those who have in the councils o f
the commonwealth defended and acted upon our present system, remark,
that if they had made two questions upon. every application for a bank— ■
First, is a bank wanted 1 and, secondly, is an increase o f the currency de­
sirable, or would it be made sounder by driving o ff a part o f what is now in
circulation, and putting the issues o f the new bank in the place o f it ?— the
legislation would have been sounder, and the result far more satisfactory to
the people. It is hoped that the experience o f the past will teach us wis­
dom. N o applications o f the above described character would'have been
made, had there been no expectation o f obtaining the privilege o f issuing
bills; and it is needless for us to remark, that the suffering which has been
caused by the incompetency and dishonesty o f bank managers would have




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The Banking System o f Massachusetts.

been comparatively trifling, had they not been clothed with the dangerous
power o f creating a currency.
After what has been said in relation to the enormous tax that is imposed
upon the banking capital o f Massachusetts, it is unnecessary to enlarge
upon that provision o f the law, by which, at thirty days’ notice, one tenth
part o f the capital must be loaned to the state at an interest o f five per cent.
This is nothing but a tax in another form— one o f the conditions o f the contract between the stockholders and the government, which is supposed to
be equitable, because o f the grant o f the currency-creating power. The
right to make the demand, and use the money o f the bank at this low rate
o f interest, is a part o f the consideration which the state receives when il
barters away its sovereignty over the circulating medium— a part o f the
price in the bargain, by which there is bestowed upon needy and grasping
speculators, it may be, the potentiality o f the coining prerogative; and
with the advantage on the part o f the legalized manufacturer o f bank notes,
o f a low price, and a constant supply o f the raw material. The value of
the right thus granted to the state, to take at any time, and use for an un­
limited period, one tenth part o f the capital o f a bank at this low rate o f
interest, it is impossible to estimate. W hatever it is worth to the state
must be added to the amount o f the annual tax o f one per centum upon the
capital, to make up the sum which is paid by the stockholders; for and in
consideration o f which payment, a pow er is conferred upon them which
they will certainly be strongly tempted to abuse, and which the popular
sentiment will declare to be abused, if it is used to that extent only
which is required to provide the means for the payment o f the price of
the purchase.
W ith our views o f the duties o f a state in relation to the currency, we
cannot but regard this element o f barter in the constitution o f our banking
system as a violation o f all the just principles o f political econom y. W e
are aware that it is not confined to the banking system o f Massachusetts.
W e know that in some form or other it is found in the bank legislation o f
almost every state in the Union, and that it was a prominent feature in the
law which incorporated the late Bank o f the United States by the general
government. But in no contract o f this kind was it ever made so repul­
sively and ruinously prominent as in the charter o f the present Bank o f
the United States by the state o f Pennsylvania. W e there behold it in its
most odious and mischievous form. The Harrisburg legislators, losing
sight o f all sound and statesmanlike views upon the subject o f a currency,
thought o f nothing but o f driving a bargain, and getting all they could from
the deluded managers. A ll was given that was asked ; and the mistaken
law-makers, when they saw the enormous load o f obligation which they
had laid upon the bank, instead o f doubting its ability to bear it up, or hav­
ing any misgivings as to the ultimate result o f the bargain, which, in one
shape and another, had seemingly secured to the people a sum not much
short o f six millions o f dollars, congratulated themselves upon the success o f
the operation, and seemed to regard it as an act o f moi'e than ordinary sagacity. Canals were to be dug, railroads were to be constructed, highways
were to be opened and repaired, and the children o f the commonwealth
educated free o f expense to the people, in consequence o f this grand stroke
o f financial sagacity and skill. It would appear as i f neither o f the parties
to this ruinous contract, coolly reflected upon that part o f the subject which
ought to have been uppermost in their minds— the source from which the




The Banking System o f Massachusetts.

417

means were to be obtained to pay the consideration in the bond. But
while we give them the benefit o f the charitable construction o f their
actions, which supposes that they were all equally deluded, we feel bound
to say, in the light o f common sense and common experience, leaving
wholly out o f sight the results which have followed in the train o f their pro.
ceedings, that the members o f the legislature o f Pennsylvania, who framed
and consummated the contract by which the charter was granted to the
Bank o f the United States, did, by that act, violate some o f the soundest
and best established principles o f legislation ; and that the stockholders o f
the bank, by accepting the charter with its overwhelming load o f penalty
and obligation, were guilty o f a violation o f the plainest, best understood,
and most generally received maxims o f banking and finance. W e well re­
member with what astonishment and regret we read, for the first time, the
act incorporating the present Bank o f the United States; and we did not
hesitate to declare, when we first became acquainted with the provisions o f
its charter, that the result would be unfortunate both to the corporation and
the public. W e know but little about the Bank o f the United States, and
shall not attempt to examine the causes which have led to its present unfor­
tunate situation. But we look at the state o f Pennsylvania. W e find that
noble state, rich in all the resources o f wealth and prosperity, suffering all
the evils o f a depreciated currency, with the stock o f its principal bank
worth but sixty cents upon the dollar ; and we cannot but think that there
is a pretty intimate connection between the present state o f things and that
unwise and unfortunate legislation which sold for a price which could not
honestly be paid without loss, a charter to the stockholders o f the Bank o f
the United States.
N ow what did the bank purchase when it paid or promised to pay to the
state o f Pennsylvania the enormous sum o f nearly six millions o f dollars 1
W hat was looked upon by both grantor and grantee as the consideration in
the deed ? W a s it the right o f having a banking-house in Chesnut street 1
W as it the privilege o f taking care o f money left in deposit ? W a s it the
power to use its money in cashing the various kinds o f securities always to
be found in every business community? N o, not for either or all o f these
was the money paid or to be paid. These, to be sure, were wanting, but
they could be had for the asking, and the legislature could grant them with­
out sacrificing the interests o f the citizens, or parting with that jurisdiction
over the currency which is inherent in the government. The chattel which
was sold, and for which this enormous price was paid, was an attribute o f
sovereignty. It was the power to create a currency, that was sold and pur­
chased. The people, by their agents, sold ; and the stockholders, to be used
by their agents, purchased. The result has proved disastrous to both buyer
and seller ; it could not have proved otherwise.
T o return from this digression, and resume the subject o f the banking
system o f Massachusetts. W e can at this time look at but one other point.
W e have seen the government selling to almost any persons who would pay
the price, the power o f creating a currency. But after this is done, after
conferring upon bodies o f men whose situation is generally such as almost
precludes them from using the power given them, under the influence o f any
enlarged views o f the public good, this privilege o f making and regulating
the circulating medium, then it becomes necessary to legislate ; and accord
ingly we find an immense array o f legislative provisions, which has been
called into existence in consequence o f this grant, the object o f which is to

VOL. in.— no. v.




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secure the public against any loss by the failure o f the assignees o f the
money-making prerogative to make good their promises. W hat a constant
and careful supervision it has been thought expedient to institute, to keep
the agents who have been chosen as the:makers and dispensers o f the cur­
rency in a situation to discharge with faithfulness the trust committed to
them ! L ook at the banking law o f the state; examine its various pro­
visions, and see what a large proportion o f them are rendered necessary
by this unwise and unnecessary connection between the creation o f' a cur­
rency and the operations o f banking— the one a prerogative o f the govern­
ment, the other a necessary instrumentality to the business o f every trading
community. A nd it has been found, notwithstanding the multitude o f pains,
penalties, and oaths, which now protect the people against the direct abuse
o f this dangerous power on the part o f their agents, the banks, and not­
withstanding the constant and inquisitorial supervision o f the bank com ­
missioners, that the machinery is not yet com plete; but that an inquiry
which shall test the value o f every obligation held by the banks, and that
too by the oaths o f disinterested individuals, must be instituted, to determine
the worth o f the basis upon which the issues are founded. Take away from
the banks this currency-making power, deprive them o f this agency, and
what a vast amount o f complicated machinery would be rendered useless !
W hat a prolific source o f jarring and interminable legislation would be dried
up ! How completely would it prevent those occasions o f strife, envy, and
heart-burning, which are o f such frequent occurrence in every community,
arising from what appears to be an unequal distribution o f this money­
making power ! If a bank should issue no bills, it would be under no obliga­
tion to the people, which would render a supervision to much extent neces­
sary. And after all, what is accomplished by this minute, vexatious, and
constantly-recurring legislative interference 1 The community may be saved
from a few small losses, while nothing is done to prevent those periodical and
ruinous fluctuations in the currency, which are the result o f placing the regu­
lation o f the circulating medium in the hands o f those who know no prin­
ciple o f limitation but the failure o f objects o f speculation, or their in­
ability to put out their promises upon an unsuspecting and unreflecting
community.

A rt . Y .— T H E A M E R IC A N IN S T IT U T E .
T his great national institution held its annual fair during the last month
in the city o f N ew Y ork, and we propose to devote a short space to a con­
sideration o f its character and objects. That corporation was chartered by
the legislature o f N ew Y ork on the 2d o f May, 1829, under the name o f
“ The Am erican Institute o f the City o f N ew Y ork, for the purpose o f en­
couraging and promoting Domestic Industry in this State and the United
States, in Agriculture, Commerce, Manufactures, and the Arts.” It is
modelled somewhat upon the plan o f the “ Conservatory o f Arts and
Trades” in Paris, and the “ National Repository” in London, having the
same ends in view, namely, the promotion o f productive industry, and the
encouragement o f invention and excellence in every department within the




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scope o f this broad field. W e thus perceive that it has been in existence
about eleven years, and it has already exercised no small influence in fur­
thering the important interests for which it was established.
Besides a series o f discourses which have been delivered through its
agency from time to time upon some prominent topic within the circle o f
its view, it has established a journal, (since discbntinued,) constituting an
organ o f correspondence for its members, and a record o f all those facts
which relate to the interests o f the society; and it has moreover provided a
general depository for models o f inventions in the arts, and has held an
annual exhibition o f these models, inventions, and improvements, as well
as the most approved specimens o f cattle, granting premiums to those
which are the most valuable, and to the persons, who show the most skill in
ploughing. A n institution o f this character, established in the commercial
centre o f the country, if its objects are faithfully carried out, will exercise
an important influence upon our national interests, and we rejoice to know
that its branches are extended to a great portion o f the country, thus in­
voking co-operation from all its parts.
The first national interest which this institution is intended to advance is
that o f agriculture; and what a wide field does this subject open to our
view ! This nation, from the very extensive tracts o f the most fertile soil
within .our borders, is destined to be a great agricultural nation. If we ad­
vance across a comparatively narrow belt upon our Atlantic seaboard, we
find hundreds o f thousands o f square miles o f the most productive land,
stretching westward from the banks o f the Hudson, and the rice and cot­
ton fields o f South Carolina, towards the base o f the R ock y Mountains, fur­
nishing, by its cheapness and productiveness, the means-and motives for
agricultural industry. And this branch o f enterprise appeal's to be pecu­
liarly adapted to the genius o f our people, developed by the structure o f our
government, by the independence and substantial comfort which it affords.
The encouragement o f agriculture, therefore, should be regarded as o f the
greatest importance, inasmuch as its products constitute the solid basis o f
other branches o f national enterprise. B y holding out inducements to agri­
cultural improvement in awarding premiums to the best specimens in stock
husbandry, the most approved skill in ploughing, the most excellent models
o f farming implements,— such an institution must tend to lighten labor, and
to increase the amount o f production, by furnishing stimulus to its enter­
prise. W h o does not wish to see our fields whitened with its harvests,
and our hills and valleys vocal with its grazing flocks and herds 1
Another object which this society is instituted to advance is that o f com ­
m erce, and this interest is o f no less importance than the one to which al­
lusion has- before been made. And what is the nature o f com m erce, when
considered in its true, import ? It is not the mere importation or exporta­
tion o f goods to or from foreign states, the sprinkling o f the ocean with our
sails, but, while it embraces this, it also includes the transportation o f agri­
cultural and manufactured products, from one village to the other, front the
west to the east, from the north to the south. It is the carrying the pro­
ducts o f labor from one part o f the country to the other, and from one port
to another, and receiving therefor in exchange either money or merchan­
dise, thus returning a reward to the producer. B y the constitution o f gov­
ernment, the condition o f men, or the different natural resources o f the
soil or climate, each country is calculated to produce particular articles
which are required to supply human wants. F or example, N ew England




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receives the flour which is produced in the valleys o f western N ew Y ork or
the prairies o f Illinois, and returns the oil o f her fisheries. The south
transports her cotton to the northern states, and receives in return fabrics
manufactured at home or imported from abroad, thus paying the manu­
facturer or the merchant for his time or sk ill; and our ships return from
the ocean laden with the silks o f France and the cloths o f England, because
our own people have found that they could employ their time more profitably
in other pursuits than in the manufacture o f cloth or silk, from the improved
state o f these branches o f manufacture and the cheapness o f labor abroad.
Com merce, then, acts as an agent to transport the peculiar products o f each
region to distant parts, and to receive in return a greater value than they
could derive in the place o f their production. W ere it not for com m erce,
foreign or domestic, therefore, agricultural products would be o f little value
in exchange, the granaries o f our husbandmen would be heaped with com ­
paratively useless harvests, the warehouses o f our merchants with manu­
factured merchandise without purchasers, our lakes and rivers would be
dotted only here and there, at remote points, with a white sail or a strag­
gling steamer, and that wilderness o f masts which now borders the south­
ern margin o f our city, like a western forest stripped o f its leaves, would
be diminished to a few ships necessary to the transportation o f travellers,
or for national defence. A prominent object o f this institution is to foster
the interests o f com m erce by granting premiums to its m ateriel in manu­
factured articles, to inventions and improvements in naval architecture,
whether they relate to the ship worked by sails or the steam engine.
Another interest which the Am erican Institute is designed to advance is
that o f manufactures, an interest that is o f equal importance with the two
which have been mentioned. This interest has o f late years grown to
considerable magnitude, with the increasing enterprise o f the country. It
is well known that in N ew England, cut o ff as it is from ’the more fertile
tracts o f the west, it constitutes the principal object o f the productive in­
dustry o f this valuable portion o f our country. The waterfalls o f that wild
and romantic region are enlivened by the clattering o f machinery, and vil­
lages have sprung up on their margins, as if at the bidding o f the wand o f
Prospero. It even now boasts o f a manufacturing town which may soon
rival the Manchester o f the old world. Although Samuel Slater brought
with him from England the first series o f Arkwright’s patents about the
year 1790, we have arrived at considerable perfection in the manufacture
o f cotton and woollen cloths, notwithstanding the investment in this branch
o f enterprise has heretofore proved disastrous to many who have engaged
in it, from foreign competition. A prominent object o f this society is to
afford encouragement to manufacturing industry, by providing a public
place where its products may be exhibited, and by bestowing premiums
upon the most valuable specimens o f these products, as well as upon new
inventions and improvements in manufacturing machinery. It takes the
ground that the encouragement o f manufactures is o f the greatest import­
ance, because it may render us at all times independent o f foreign nations,
if we choose so to be, having the means to produce all that is required
within ourselves.
T h e other interest which the Am erican Institute is designed to advance
is that o f the a rts; and what a wide range o f thought does this single word
open to the mind ! H ow many objects does it embrace, all tending to hu­
man intelligence and human com fort! In fact, it has produced all the dif­




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421

ference between civilized man as we find him, subjecting nature to his dominion as the despot his slave, himself the lord o f the earth and the ocean
as he now is, and that half-naked savage, with his mantle composed o f the
skins o f wild beasts, shivering by his log fire, beneath his hut o f bark, pad­
dling his canoe through the streams o f his forest, or shooting the deer with
the arrow-head o f flint. T h e arts are all around us, and exercise an im ­
portant bearing upon our lives. E very step we take we feel their influence,
although we do not appreciate it, because it is so common. The dress that
we wear, the book that we read, the carpet we tread upon, the carriage in
which we ride, the pavement on which w e walk, the ship in which we sail,
the pen with which we are writing, all show the value o f the arts. It
seems to be a law o f our condition that just in proportion as they are cul­
tivated, just in that proportion is the comfort o f man enhanced. A remark­
able feature o f this country is its peculiar aptness for the useful arts. H e
who has looked into the Patent Office at Washington must have perceived
the amazing fertility o f the Am erican mind in invention connected with the
useful arts; and we may well boast that com m erce and manufactures have
awarded to two o f our machinists, Fulton and W hitney, the merit o f hav­
ing made two o f the most important discoveries o f the present age, in the
invention o f the cotton-gin, and the application o f steam to the propulsion
o f ships. N or has invention in this country outstripped the excellence
which we have manifested in the construction o f machinery. T h e steam
engines manufactured by Norris are in demand in England, and will soon
be at work upon the Russian railroads. These facts furnish ample encour­
agement for us to foster our mechanical genius, and the Am erican Institute
appears to be one o f the most important agents in furthering that result, by
furnishing a general depository for its products, and granting premiums to
its best specimens.
It is difficult, when we consider the resources and genius o f this republic,
to sever the grand interests which this society proposes to advance. Th ey
are interlocked like the several links in an iron chain. They are mutually
dependent upon, and each is supported by the other. The agricultural pro­
ducts o f our extensive country, whether they wave upon the savannas o f
the west, or the golden cotton fields o f the south, furnish cargoes for our
ships, feed our factories, and supply food for our inhabitants. W hat would
be the value o f these agricultural products did not commerce provide ve­
hicles and agents to transport them to a market, and manufacturers furnish
mills to grind them up for use 1 And how could agriculture, manufactures,
or com m erce flourish unless the arts came in to supply implements for the
agriculturist, tools for the manufacturer, or ships for the merchant ? Or how
could the mechanic survive unless these three branches o f industry provided
a market for his products ? Doubtless there are various political circum­
stances which furnish a motive for the encouragement o f particular branches
o f national industry, but they should all be fostered if they increase produc­
tion and wealth. T h ey should all be fostered if they augment the sum o f
human comfort, and provide a motive to human industry.
It is well known that from the joint action o f agriculture, commerce, and
manufactures, an immense profit has been heretofore yielded to the nation
by the production o f cotton, and to this will probably be added the manufac­
ture o f silk. This valuable article has already been produced to a consid­
erable amount in the state o f Connecticut and other parts o f the country,
and we hope to see the time when the fair daughters o f the republic shall




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The American Institute.

be enrobed in this delicate fabric woven from our own looms. W e per­
ceive that the attention o f the Am erican Institute has during its last fair
been particularly directed to this favorite manufacture, which now consti­
tutes a source o f great wealth to the silk-growing countries abroad.
But we proceed to describe the impression which the sight o f the Fair
made upon our m inds; not that it was remarkable for the number or quali­
ty o f the objects displayed, because we think that it has been exceeded by
many o f those which have preceded it. It was held in N iblo’s Garden, a
fitting place, always reminding us o f the grounds o f an oriental palace in
the beauty o f its shrubbery, and its artistical decorations. Upon entering
the avenue we were peculiarly struck;with the two long ranges o f stoves o f
every size and model which bordered it, indicating that the inventive genius
o f our countrymen had been especially directed to the improvement o f the
implements o f domestic comfort. Interspersed among these were approved
models o f ovens, caldrons, and carriages for children, constructed with all
the elaborate finish o f the most costly which roll in our streets. A t the ex­
treme end o f the avenue, was a model o f Francis’ life-boat, which was distinguished not less for its extreme beauty than the saving o f human life
which it must effect were it generally and successfully adopted. T o these
may be added the array o f window curtains painted with landscapes and
other devices, which add greatly to the taste, and cheerfulness o f in-door
embellishments. Passing from this avenue, we entered the main hall o f the
garden, and here were arranged the greatest portion o f the articles exhib­
ited. All the products furnished by the pencil or the graver, the tools o f
the trades, the hammer, the plane, the burnisher, the needle, and the loom,
lay before us arranged in perfect order. H ere were sofas and chairs o f
tasteful model, as well as carpets embroidered with the most delicate taste.
Porcelain, enamelled with paintings, and chandeliers o f glass which sparkled
like diamonds, lay by the side o f clocks o f exquisite workmanship, in one
o f which we noticed a ship ploughing the ocean under full sail, with the
land seen at a distance beyond the tossing waves. Several splendid services
o f silver, mingled with two or three pitchers which had been presented to
individuals as tokens o f resp ect,, were much admired for their beauty.
Th ey were wrought, we understand, in the workshops o f Messrs, Ball,
Thompkins & Black, the successors o f the far-famed house o f Marquand.
T o these may be added several beautiful musical instruments, horns and
trumpets, which were as charming to the sight as they would seem to be
in the sound. Many other articles more minute, but o f scarcely less beauty,
were arranged around the hall, that would require a volume to describe ac­
cording to their merits.
A sofa bedstead, which was made by M. Graw, at 478 Pearl street, com ­
bining in fi great degree the useful and the beautiful, a portable bathing
tent, invented by Dr. W arren, o f Boston, and a new model o f a bridge, at­
tracted admiration from the crowds. F or the last-named invention we are
indebted to the genius o f Mr. Rogers, the architect o f the N ew Y ork Mer­
chants’ Exchange.
Handsome specimens o f polished leather, augers,
edged tools, and jewelry, and a polished table inlaid with many pieces o f
wood, we understand some thousands, in the form o f mosaic, evinced curi­
ous and gratifying taste. A n interesting subject o f observation was pre­
sented in numerous models o f vessels o f war, which are now building in the
dockyards o f Constantinople. These vessels are in process o f construction
under the superintendence o f Mr. Rhodes, one o f our own countrymen, who




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423

we learn has succeeded Mr. H enry Eckford as the chief architect o f the
Ottoman navy.
But while articles o f mere taste were so profusely distributed in this hall,
those o f solid use bore their proper proportion. Am ong these we observed
several very finished specimens o f hats and boots, and we cannot avoid here
alluding to the vast amount o f these useful ■articles that must be already
manufactured in this country, to supply the demand o f our eighteen millions o f people, for it will be recollected that but few o f this kind o f manufacture are imported from abroad. Am ong the more minute articles ex­
hibited, we also noticed several models o f ships and steamboats o f delicate
symmetry, an improved machine for the weaving o f sattinets, and one for
sawing, a machine for winnowing wheat, a number o f railroad cars, a steam
engine o f fifteen horse power in full action, which might easily have been
transported by one horse, besides several small models o f locomotive rail­
road cars, and several glossy specimens o f silk o f our domestic production.
Numerous improved models o f manufacturing machinery were here exhib­
ited, which clearly show that the skill and enterprise o f our northern breth­
ren have been turned to good account. N or would we here fail to mention
the array o f many cases o f finely wrought surgical and dentistical instru­
ments, and pianoes o f plain but finished workmanship.
W e have thus given a general view o f the products o f our American in­
dustry, which were exhibited at this fair o f the American Institute, in order
to show the variety and value o f the articles here displayed, and the general
scope o f its objects, although we have not even alluded to the exhibition o f
choice cattle, and the ploughing, which is o f equal interest with the objects
that have been mentioned. It is very clear that this institution should be
supported by all who wish well to their country. It is hardly to be imagin­
ed, o f course, that our new republic should compete with the old world in
the general interest o f manufacture at' presen t; but it is equally evident that
a sure and solid advance can be made with -ease in this interest by the
adoption o f the right measures. A great national repository for the exhibi­
tion o f the products o f domestic industry, where the general facts relating
to this branch o f enterprise may be discussed, and where premiums are
awarded for the greatest excellence in agriculture, manufactures, the arts,
and stock husbandry, we think should be encouraged by every good citi­
zen. The necessary consequence o f such an establishment must be to
excite a growing attention to the subject throughout the country, to pro­
vide a stimulus for improvement in this department, and to lead us to
the organization o f measures suited to the genius o f the people, which may
render us eventually a formidable rival to the country from which our fore­
fathers emigrated, now the most powerful agricultural, manufacturing, and
commercial empire upon the globe. ■

U N IT E C A R E W I T H D IL IG E N C E .
Care preserves what industry gains. H e who attends to his business
diligently, but not carefully, throws away with one hand what he gathers
with the other. A man in business should have a constant oversight o f
all his con cern s; for if he leave this to others, it is ten to one that embar­
rassments and ruin will be the consequence.




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Mercantile Biography.

A rt . V I.— M E R C A N T IL E B IO G R A P H Y .— T H O M A S E D D Y .
T he character o f Mr. E ddy as a merchant and a man induces us to lay
it at this time before our readers. Connected as he was with those great
projects for ameliorating the moral and physical condition o f N ew York,
the E rie canal, and the penitentiary system, and exhibiting the pure exam­
ple o f a spotless life, as well as a model o f commercial integrity, it is be­
lieved that a short account o f one who occupied so prominent and useful a
position in the history o f this state will be peculiarly acceptable to that
portion o f the present generation who now throng the busy marts o f trade
and com m erce. That noble charity, the N ew Y ork Hospital, stands a
monument o f the liberal, warm, and active spirit, which glowed in all his
actions, through a long and varied life. The philanthropist Howard was
his beacon light; and emulating the example o f that good man, he devoted
himself, body and soul, to the mitigation o f human misery, in whatever
shape it assumed. Such, indeed, were his virtues, that he received by gen­
eral consent the appellation o f the “ H oward of A merica .”
Thomas Eddy was born in Philadelphia on the 5th o f September, 1758.
His parents were from Ireland, and had emigrated about five years before.
T h ey belonged to the Society o f Friends. His father was engaged in the
shipping business until 1766, when he went into that o f the hardware, in
which he continued until his death, which occurred in the latter part o f the
same year. Mrs. Eddy, with a large family o f children, continued the
business for a number o f years after her husband’s death, when she re­
moved to Bucks county. On account o f the disordered state o f the times,
seminaries o f learning were few and badly conducted, and the scholastic
acquisitions o f young E ddy at the age o f thirteen were comprised within
narrow limits. “ A ll the learning,” he says, in a short memoir o f himself,
“ all the learning I acquired was reading, writing, and arithmetic as far as
vulgar fractions. A s to grammar, I could repeat some o f the definitions
by rote, but was totally ignorant o f its principles.” A t the age we have
referred to, he was apprenticed to a Mr. Hoskins, o f Burlington, N . J.,
to learn the tanning business, but some misunderstanding having occurred
with his employer, he remained but two years with him.
A n acquaintance formed in his sixteenth year with a young man named
W illiam Savary, seems to have given such an impulse to his moral virtues
as remained through life, and gave birth to the line o f conduct which has
since made him conspicuous among the few who are really good. He
pays a rich compliment to this friend o f his early years :—
“ O f William Savary, it would be difficult for me to say too much. N o
two persons could entertain a more near and tender regard and affection
for each other than always subsisted between us. H e was a man o f un­
commonly strong mind, and good understanding. W hen about twenty-five
years o f age, he became a minister, and perhaps there never was one more
highly esteemed and beloved. H e was admired by all classes, and openly
opposed to every thing in the least marked with bigotry or superstition.
A s a preacher, he was in the first rank. His manner o f delivery was
pleasing and solemn, his mind was cultivated and improved, and he was
uncommonly liberal in his sentiments towards those o f other societies. I
have often thought there never was so nearly perfect a character within




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425

m y knowledge, in our society, and none that more extensively inculcated
and effectually diffused true, practical, Christian principles.”
Upon the evacuation o f Philadelphia by the British, Mr. Eddy went to
N ew Y ork, shortly after his brother Charles had sailed for England. H e
arrived in this city on the 4th o f September, 1779, with the sum o f ninety,
six dollars. Totally ignorant o f any kind o f business, and with a slender
education, he struggled hard to defray his necessary expenses. In the
memoir to which we have referred, and from which we make liberal extracts, he says :— “ I took board with W illiam Backhouse, in the house now
occupied by Daniel M cCormick in W all street, at the rate o f eight dollars
per week, besides having to pay one dollar weekly for w ashing; Samuel
Elain, late o f Newport, deceased, John I. Glover, and two or three other
respectable merchants, boarded at the same house ; becoming acquainted
with them was highly useful to me, as it was the first opportunity I had ever
had o f acquiring a knowledge o f commerce, and the course o f mercantile
dealing. I knew that it was out o f my power to support m yself with what
I then possessed, and that I must soon com e to want, unless I could succeed
in business. The first thing to which my attention was turned, was daily
to attend auctions at the Coffee House, and being sensible o f m y own ignoranee, I endeavored by every means in m y power to acquire information,
carefully inquiring o f others the names o f articles exposed for public sale,
as it often happened that I was not even acquainted with the names o f many
o f them. I then inquired their value, and advised with some persons pre­
vious to purchasing; sometimes, on noticing an article intended to be sold
by auction, I would procure a sample, and call on some dealer in the article,
and get them to offer me a fixed price on m y furnishing i t : in this way,
by first ascertaining where I could dispose o f the goods, I would purchase,
provided the price would afford me a profit. On this plan I have found a
purchaser for goods, bought and delivered them, and received the money,
which enabled me to pay the auctioneer the cost o f them, without my advancing one shilling. I was obliged to live by my wits, and this necessity
was o f great use to me afterwards. Some months after my arrival at N ew
Y ork, m y brother Charles arrived from Ireland, and brought with him, on
account o f merchants there, provisions, linens, & c ., shipped from Dublin,
Cork, Belfast, and other ports. H e returned to Europe in 1780, previous
to which we formed a copartnership with Benjamin Sykes, under the firm
o f Eddy, Sykes & Co.
“ This firm prosecuted business mostly in consignments from England
and Ireland, and some shipping business. M y partner was a good-natured,
honest Englishman, but not possessed o f a very intelligent, active mind ; in
consequence o f this, the management and contrivance o f the business fell
to my lot, and, though very young, and without experience, I had to write
all the letters, and carry on every kind o f correspondence, besides mostly
making all the purchases and sales. By every packet w e had to write
twenty or thirty letters to England and Ireland, and to accomplish this, had
frequently to sit writing till twelve or one o'clock in the morning. I was
sedulously and actively employed in business, and in this w ay acquired
considerable knowledge o f commercial affairs. Our concerns were exten­
sive, and were prosecuted with tolerable success, respectability, and repu­
tation. My brother George was, at this time, in Philadelphia, about eigh­
teen years o f age. H e possessed a remarkably sensible and comprehensive
mind. Although he had no knowledge o f business, he was full o f entervol. hi.— no.

v.




54

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Mercantile Biography.

prise. B y him, in Philadelphia, and by Eddy, Sykes & Co. in N ew Y ork,
an arrangement was made, with the consent o f General Washington, to
supply the British and foreign troops with money, who were taken with Lord
Cornwallis at Yorktown. The money w as raised by m y brother at Phila­
delphia, drawing on us at N ew Y ork, and the moneys thus raised were paid
to the Paymaster o f the British and foreign troops, prisoners at Lancaster,
Pennsylvania, for which he received and sent to Eddy, Sykes & Co. that
paymaster’s drafts on the Paymaster General at N ew Y ork. By an agree­
ment made with Sir H enry Clinton, the British commander, we were paid
six per cent commission. The whole amount paid amounted to a very
large sum, and proved a profitable contract.”
On his arrival in N ew Y ork, he renewed an intimacy previously formed
in Philadelphia with Miss Hannah Hartshorne, for whom he entertained a
tender and warm affection. His attachment was reciprocated, and they
were united in 1782, at the Old Meeting House, in Liberty street.
Before the Americans re-entered the city o f N ew Y ork, Mr. Eddy re­
moved to Philadelphia, where he formed a mercantile connection with his
brother George. Charles had settled in Europe, and was prosecuting business
there on his own account. In January, 1784, Thomas went to Virginia for
the purpose o f making purchases o f tobacco and shipping it to England.
During the revolutionary war, tobacco, in Europe, sold at a very extrava­
gant price ; and for a year after peace was declared, great quantities were
shipped, thus causing the market to be so overstocked, and the price so
reduced, that immense sums were lost by the shippers. Thomas and George
Eddy were included among those engaged in this unfortunate speculation.
About this time the ill effects o f a large importation o f European goods,
cut o ff by the war, began to be felt. The country was inundated with ex­
tensive shipments; remittances were difficult to be m a d e; and, conse­
quently, a great many houses, both here and in London, became bankrupt.
Charles had supplied Thomas and George Eddy with goods on credit to a
large amount, and they in turn had given extensive credits to their cus­
tomers. T h e failure o f the former in London expedited that o f the latter.
T h ey were relieved from their embarrassments under a general act o f
bankruptcy for the state o f Pennsylvania. T o the honor, however, o f Mr.
E ddy’s unswerving business integrity, be it said, that every farthing o f the
pecuniary responsibilities o f the firm have since been discharged, except
some few that were not legal, and which it was not deemed right to pay.
Anxious to re-establish himself in some kind o f business, Mr. Eddy made a
voyage to England, where he remained three m onths; but this proved o f
no advantage to him. On his return, he again settled in N ew Y ork, and
being assisted by the kindness o f Robert Bowne and others, he commenced
the occupation o f an insurance broker. There were none engaged in this
business at that time, and his gains were consequently rapid. “ About 1792,”
he says, “ the public debt o f the United States was funded; this afforded
an opportunity for people to speculate in the public funds. In this business I
made a good deal o f money. I declined acting as an insurance broker, and
did considerable business as an underwriter, in which I was successful. In
1793, or 1794, I was elected a director in the Mutual Insurance Company,
and soon after a director in the W estern Inland L ock Navigation Company,
and in 1797, was appointed treasurer o f that company.”
From early youth Mr. Eddy evinced an uncommon zeal in every project
for the amelioration o f the human race. It is, unfortunately, one o f the




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427

prominent traits o f mankind to be selfish, and society would present but a
bleak and barren aspect were it not for the inspiration o f a f e w who seem
to be elected to breathe into the world the spirit o f Christianity ; men who,
forgetful o f self, nobly exert themselves as ministering angels to supply
the wants and alleviate the sufferings o f the victims o f disease, poverty,
persecution, ignorance, and crime.
“ Promiscuous charity,” eloquently
observes a distinguished writer, “ has been practised by the kind-hearted
and the wealthy in every age and nation. The benevolent have.poured the
oil and wine into the wounds o f the unfortunate, to assuage their anguish,
if they could not heal them ; they have fed the hungry and clothed the na­
ked, and in so doing, have, received their reward in the blessings o f the
just. The Saviour o f the world declared that, inasmuch as this was done
to one o f the children o f misfortune, it was done unto himself. But, not­
withstanding this generous current o f philanthropy has been flowing in the
hearts o f the virtuous, in all nations, since the birth o f man, yet it was left
for a late, age to collect facts relative to human misery, and from these to
form a system for permanent relief.”
Such was the end and aim o f Mr.
E ddy’s long and useful life. H e was directly instrumental in the establish­
ment o f many o f those institutions which are now the pride and ornaments
o f our state, and eloquent monuments to the memory o f him who effected
their being. W e propose to enumerate briefly the leading events o f Mr.
E ddy’s life, which was almost exclusively devoted to the public good, and the
great works in which he was engaged.
One o f the first projects which engaged Mr. E ddy’s mind, was a change
in the penal code o f this state. Branding, whipping-posts, pillories, and
solitary confinement without the relief o f labor, were the means o f reforma­
tion. in that da y; and men were made to believe that the world should be
governed with a rod o f iron. Mr. E ddy’s soul, in emulation o f his sect in
Pennsylvania, revolted' at the recognition o f such a principle; That state,
through the efforts o f the Friends, had effected a change in the mode o f
punishing crime. There was a warm desire in Mr. E ddy’s breast to bring
a similar plan into operation in this state. H e accordingly, in 1796, en­
gaged in that work with General Philip Schuyler and Ambrose Spencer,
then influential members o f the senate, and the latter, since Chief Justice o f
the State o f N ew Y ork. W ith the assistance o f Mr. Eddy, a bill was
drawn up for establishing a penitentiary system, and both gentlemen made
eloquent speeches in its favor. The legislature were soon convinced o f the
utility and practicability o f the measure, and it was passed. Five persons,
among whom was Mr. Eddy, were appointed as commissioners for carrying
the bill into effect, and to erect a suitable prison, the building o f which was
by general consent intrusted solely to him ; and when it was finished, such
was the interest which he took in its success, that he consented to serve as its
director and agent; in which capacities he continued for more than four years.
H e was so assiduous and calculating in his duties, that every anticipation o f
his friends and o f himself was more than realized. The expenses o f the
establishment had been less than were expected, the health o f the prisoners
better than that o f the free and honest citizens in the ordinary walks o f life.
Such cleanliness, order, and moral discipline, marked the penitentiary sys­
tem under the administration o f this untired philanthropist, that those former­
ly dissipated and sickly, were made sober and healthy. H e watched the
results o f his plans, and held to a theory no longer than he found it good in
practice.
,




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Mercantile Biography.

In 1801, Mr. Eddy published his celebrated volume on the State Prison
o f N ew Y ork, one o f the most admirable papers which have been written
before or since on the topics o f which it treats, v iz : causes o f crime, pun­
ishments, reformation, prison discipline, & c. N o one had studied the sub­
ject more thoroughly or was better versed in its principles; and the work
shows him to have been well acquainted with the writings o f Beccaria,
Montesquieu, Howard, Penn, and others.
W hile in the management o f the N ew Y ork prison, Mr. Eddy found that
the plan o f erecting and conducting such establishments, was susceptible o f
a great improvement, and to him belongs the merit o f inventing and intro­
ducing a valuable feature which has been adopted in most o f the states.
W e allude to the confinement o f convicts in separate cells during the night.
H e found, from careful observation, that several confined in a cell corrupted
each other, for each one told to his companions his career o f vice, and all
joined by sympathetic villany to keep each other in countenance. This, to
the eye o f the shrewd philanthropist, was not long con cealed; and like a
man o f moral intrepidity, he avowed his error and condemned it. Through
his exertions a bill was passed by the legislature, making it optional on the
part o f the city and county o f N ew Y ork, to construct a prison with solitary
cells. But not being made imperative, although it was approved by Mr.
E ddy’s friends and the public generally, yet the new plan was not imme­
diately introduced into this cou n try ; Mr. E ddy was, however, not discour­
aged. A t that time, he reckoned among his correspondents on the other
side o f the Atlantic, such men as Roscoe, Colquhoun, Bentham, and Mur­
ray. H e immediately wrote to Mr. Colquhoun, mentioning his plan. The
letter was shown to L ord Sidmouth, then minister for the Hom e Depart­
ment, who, as well as Mr. Colquhoun, gave his decided approbation to the
plan, and wished it should be introduced into England ; and this was done
by the London Society for improving Prison Discipline, and one or two
prisons were soon after built upon this plan, one near London, containing
six or seven hundred cells. A prison was also built at Pittsburgh, in Penn­
sylvania, upon this construction, containing from five to six hundred cells.
W hen the Auburn state prison was erected, Mr. Eddy urged them to have
the buildings wholly divided into cells, seven by nine feet each, but most o f
the commissioners were afraid to try the experiment fully, but did it only
in part, and this change from the old plan was made from their confidence
in the judgment o f the adviser.
W hen Messrs. Tibbetts, Allen, and Hopkins made their report to the legis­
lature on the prisons in 1824, the object o f their appointment being to in­
quire into the expediency o f abolishing the penitentiaries, which had become
somewhat unpopular from bad management, they reported in favor o f the
excellence o f the system recommended twenty-two years before by Mr. Eddy,
and the result has been its extension not only in this state, but in almost
every state o f the Union.
T o Mr. E ddy’s energies in favor o f the N ew Y ork Hospital, is perhaps
owing its usefulness at this day. That institution was established before the
revolution, by philanthropic individuals on this and the other side o f the
water. The great event which changed the political destiny o f our country,
paralyzed the spirit which gave vigor to the institution to which we allude.
Mr. Eddy was elected one o f its governors in 1793, and through his active
exertions, the legislature was induced to make liberal grants to support and
extend its means o f benevolence. Mr. E ddy’s attention was also directed




Thomas Eddy.

429

to the establishment o f a department for the treatment o f lunatic patients.
H e visited Albany in 1815, and in conjunction with one or two influential
members o f the legislature, procured the passage o f an act appropriating
ten thousand dollars a year for the support o f the insane, and for erecting
new buildings. T o this cause we ow e that noble institution, the Asylum
for the insane, at Bloomingdale. These successes in the cause o f philan­
thropy, afforded Mr. Eddy the liveliest pleasure.
In 1793, Mr. Eddy and John Murray, brother to Lindley Murray, were
appointed a committee o f the Friends1 yearly meeting, for the improvement
of the Indians, whose reduced and wretched condition attracted the notice
o f the benevolent. They accordingly made a visit to the miserable rem­
nants o f the Six Nations— the Brothertown, Stockbridge, Oneida, and Onon­
daga Indians, for the purpose o f inquiring into the best method o f alleviating
their condition. Their report was so favorable that large sums o f money
were raised and expended for the amelioration o f these tribes. W hile Mr.
Eddy was among them, he was excessively beloved: his hospitable mansion
was a wigwam to the travelling Indian, where he ate when famished and
drank when thirsty. H e and the famous Red Jacket were strong friends ;
for they were both philosophers and philanthropists, although the latter was
o f a somewhat sterner mould. Mr. E ddy labored hard to suppress those
habits o f intemperance which are working their destruction.
Am ong his other efforts to promote the public prosperity, Mr. Eddy pos­
sesses a just claim to a share in investing this state with the benefits o f in­
land navigation by means o f the great Erie Canal, the interests o f which
were so greatly forwarded by the immortal Clinton. D octor Hosack, in
his memoir o f that great man, assigns Mr. Eddy a place next to him, as
being “ chiefly instrumental in effecting a direct internal communication be­
tween Lake Erie and the Atlantic.” H e was at an early period one o f
the directors o f the Western Inland Navigation Company, which had for its
object the improvement o f the communication between the eastern and
western portions o f the state. The company expended large sums on the
navigation o f the Mohawk, which impoverished i t ; and Mr. Eddy, in his
capacity o f director, made frequent exploring visits to the interior o f N ew
Y ork, to ascertain the practicability o f constructing a canal, and unsuccesfully importuned the company to undertake the project o f canal navigation.
Being at Albany in 1810, he conceived the project o f applying to the legis­
lature for the appointment o f commissioners to examine and explore the west­
ern part o f the state, with a view to the construction o f a canal from the
Mohawk to Seneca Lake. Mentioning his plan to his friend, Judge Platt,
then a senator, and since a justice o f the Supreme Court, it was highly ap­
proved of, and that eminent man suggested the plan o f a canal from the
Hudson to Lake Erie. A bill was immediately drafted to appoint a corns.
mission for this purpose, and it was resolved to present it the next day.
Names were selected equally from the two political parties, to be appointed
as commissioners. T h ey comprised those o f G ouverneur M orris, D e
W itt C linton , S tephen V an R ensselaer , S imeon D e W itt , W illiam
N orth , T homas E ddy, and P eter B. P orter. These arrangements were
fully perfected by both houses passing the bill immediately, and without a
dissenting voice. In the following summer, the commissioners made their
exploration from one end o f the state to the other, and reported to the next
legislature, and several laws were enacted favorable to the prosecution o f
the project. The last war, however, interrupted the proceedings ; and, be­




430

Mercantile. Biography.

sides, the plan was violently opposed on party considerations, while there
were many who doubted the pecuniary ability o f the- state to carry on so
stupendous a work. Notwithstanding the furious opposition the project met
with, Mr. Eddy was not willing to resign a favorite scheme, and he deter­
mined to make one more effort. Judge Platt being in N ew Y ork in 1815,
holding a court, Mr. Eddy proposed to him to call a public meeting, in or­
der to urge the propriety and policy o f offering a memorial to the legisla­
ture, pressing them to prosecute the canal from Erie to the Hudson. Judge
Platt readily agreed to this proposition, and consented to open the business
to the meeting, if one could be obtained. He then called on D e W itt Clin­
ton, who united with him in adopting measures to procure a public meeting.
Accordingly, a large and respectable meeting was held at the City Hotel.
W illiam Bayard was chairman. Judge Platt made an introductory speech,
and was followed by D e W itt Clinton, John Swartwout, .and others. Cadwallader D. Colden, D e W itt Clinton, John Swartwout, and’ Mr. Eddy,
were appointed a committee to draft a memorial to the legislature. This
memorial was drawn up by D e W itt Clinton, and from the masterly manner
in which it was written, it was evident he had a. complete knowledge o f the
subject, and evinced the uncommon talents o f the author. It was signed
by many thousands in the city, and throughout the state. W ith the legis­
lature it had the desired effect, and was the means o f establishing the canal
policy on a firm basis, and producing the law o f 15th o f April, 1817, direct­
ing the work to be commenced, which was accordingly done on the 4th o f
July following.
In the interim, Mr. Eddy evinced the unusual forecast o f his mind, and
his clear judgment, by his exertions, in connection with'De W itt Clinton and
Robert Fulton, to the opposition caused by men not capable o f forming a
correct judgment as'to the practicability o f the great work. This was done,
by the publication o f pamphlets, essays in newspapers, A c .
The first savings bank in this country was established in the city o f
Philadelphia, and almost at the same, time another at Boston. Mr. Eddy,
impressed with the utility o f these institutions to industrious persons with
small means, saw only another plan o f giving'scope to that active spirit o f
philanthropy which fired his soul. His exertions to establish such an insti­
tution in this city, failed for a long time to receive the competent support.
In 1803, however, in company with John Murray, jr., and Jeremiah Thom p­
son, he met with full success, after triumphantly removing every objection.
T h e N ew Y ork Savings Bank was thus established, and has remained in
full and active operation ever since ; and the thousands who have been
benefited by its good offices, can attest the value o f such an institution.
Mr. Eddy was a director, and its vice-president, to the time, o f his death.
The N ew Y ork Bible Society is also another monument o f Mr. Eddy’s
ardent desire to improve the condition o f mankind. This branch o f the
great society which has directly and.indirectly effected so much good to the
human race, even to the uttermost parts o f the earth, was formed in 1806,
only two years after the birth o f its parent in London. W h o can estimate
the vast amount o f intellectual and moral happiness conferred on a large
proportion o f man.kind, who would otherwise have remained in hopeless
darkness, by the introduction of. the benign principles o f Christianity and
its necessary companions, civilization and refinement ? The latest moment
o f Mr. E ddy’s life found him an efficient and active supporter o f the society
he had'aided in establishing.




Overtrading.

431

In his connection with the prison system o f this state, Mr. E ddy had o c ­
casion to observe the full force o f the axiom that “ ignorance is the mother
o f crim e.” H e therefore directed his efforts to the establishment o f a free
school, for those children not otherwise provided with the means o f educa­
tion. A n act o f incorporation was obtained for a society for establishing a
seminary o f this description. Funds were raised by subscription for carry­
ing out this benevolent project, and in a short time great benefits flowed
from its operations. From this small beginning has grown the great and
splendid.system o f public instruction which is as honorable to N ew Y ork
as it has been advantageous to her citizens in every walk o f life.
W e might go on enumerating severally, and descanting on the various
public acts o f the life o f the subject o f this memoir, for there was scarcely a
plan started within the scope o f this truly good man that had in view the
public benefit, which may not boast o f his active exertions in its favor ; but
we have displayed sufficient o f his actions to show that the predominant im ­
pulse which inspired him, was philanthropy. His intellectual acquirements,
though by no means brilliant, were sufficient to enable him to shine in the
great moral works to which he devoted himself, and the literary composi­
tions he has left behind, show him to have been possessed o f a strong and
discriminating mind. Mild, courteous, and dignified in his personal de­
meanor, he insured the love and respect o f all around him.
Mr. E ddy’s death occurred on the 16th o f September, 1827, in the sixtyninth year o f his age. H e had been failing for months, but at last his exit
from the busy scenes o f life was as sudden as that life had been tranquil.
His memory will long be revered and cherished by those who are capable
o f appreciating true worth and excellence.

O V E R T R A D IN G .
“ M oney makes money,” is a vulgar, but true adage. Argument would
be supererogatory in proving the advantage which capital affords to its possessor. But there are two ways o f using it— a right and a wrong.
The only legitimate use o f capital is to be out o f debt. T o be out o f debt
under any circumstances, is an inestimable blessing, but more particularly
so in mercantile business, where pecuniary obligations are, o f necessity,
much larger than in private or personal affairs.
I do not envy that man who having one thousand dollars in capital, en­
deavors to trade upon twenty ; and yet this is done every day. Assuming
his speculations to be fortunate, the means are so ill adapted to the end,
that a constant oscillation o f feeling and anxiety are invariably created in
consequence. Keep within bounds, is the best advice that can be given to
any one with a moderate capital. Overtrading is the great bane o f most
yo.ung tradesmen. Naturally anxious “ to do business,” they forget that
buying and selling do not necessarily imply profitable transactions; and
they are too often disappointed to find, at the end o f the year, that they have
gained their trouble for their remuneration. It is much better to do. a little
business safely, than a great deal which is tinged with any matter o f doubt.




The Jettison o f Goods carried on Beck.

432

A rt . V II.— T H E J E T T IS O N O F G OO D S C A H R IE D O N D ECK.
W e have great pleasure in presenting to our readers, through the kindness

o f Z ebedee C ook, Esq., the president o f the “ N ew Y ork Mutual Safety
Insurance Company,” the subjoined opinion o f the Hon. W illard P hillifs .
The high authority o f Mr. Phillips, as the author o f a standard treatise on
the Law o f Insurance, and the importance o f the principles involved, now first
laid before the public in the Merchants’ Magazine, render it o f especial value.
B oston, August 11, 1840.
Z ebedee C ook, E squire .
P resid en t o f the M utu al Safety Insurance Company, N ew Y ork :

D ear S ir ,— I give you below, at some length, my opinion on the com .
plicated and difficult question you propose in relation to a contribution for
a jettison o f goods carried on deck.
I am very respectfully yours, & c.
W IL L A R D P H IL L IP S .

W h eth er a jettison o f goods carried on deck can be made the subject o f
contribution.

This question was elaborately discussed about one hundred years ago, in
a tribunal to which we owe much o f that part o f our commercial law which
was first embodied in the commentaries o f Valin, on the French ordinance
o f 1681, and the statement o f the result o f that discussion will serve to pre­
sent the subject in a clear light. The provision o f that ordinance (Tit. du
Jet. a. 13,) was adopted in the French code o f commerce, (a. 421,) by
which it is provided that goods on deck shall contribute, i f saved, but that,
i f they are jettisoned, the shipper cannot claim contribution, his only claim
being against the master. B y another article (12, tit. du Capitaine,) o f the
same ordinance, the captain is forbidden to stow goods on deck without the
consent o f the shipper. T h e regulation o f the Consolato, ch. 183, is the
same.
Valin says, in commenting on this subject, that goods on deck must be
so, either because there is not room elsewhere, or through the negligence
o f the master, and that either way it is his fa u lt, it being no more permitted
to him to overload his ship, than to expose merchandise to be lost overboard
by reason o f its improper stowage. It is for this reason that this article
(12, tit. du Capitaine,) makes the master responsible to the shipper, and so
also to the freighter, a twofold responsibility that falls also upon his owners.
On the subject o f contribution, he says, the reason why this article (13, du
Jet.) refuses payment for jettison o f goods carried on deck, is, that as they
cannot but embarrass the management o f the ship, the presumption is
that they should have been thrown overboard before there was any neces­
sity for a jettison, and still more ought they to be thrown overboard when
there is such necessity.
H ere then was an express regulation, equivalent to a provision by statute
with us, that goods jettisoned from the deck, should not be contributed for,
and cogent reasons are given in favor o f such a regulation. But these very
reasons are made the ground o f an exception, for Valin goes on to say that
his article is not applicable to small coasting vessels, where the usage is to




The Jettison o f Goods carried on Beck.

433

stow goods on deck as w ell as under deck, even in respect to goods extremely

subject to sea-damage: “ one every day sees sacks o f flour loaded at Marans
for this port, (Rochelle,) or for Rochefort, either in batteaux without decks,
or on the decks o f decked vessels ; and, although the flour is very often
damaged, yet the usage to transport in this way is tolerated in consideration
that otherwise freights would be much higher.” And he states the case o f
a claim made in the tribunal at Rochelle (1747,) about twenty years before,
by the shipper o f some flour carried on deck and jettisoned on a passage
from Marans to Rochelle, on the shippers o f goods stowed under deck for
contribution, in which the decision was in favor o f the claim, from which
no appeal was made. This decision, he says, had subsequently been the rule
for the adjustment o f similar claims.
The commercial law o f neither England nor the United States, has any
statute regulation on this subject; but the general rule adopted in both coun­
tries is, without question, the same that is expressed in the French or­
dinance and code. It is, however, with us less rigidly binding, and more
open to modifications and exceptions, than if, as in France and some other
countries, it were a part o f the written or statute law. In the numerous
cases in which this rule as to contribution has been mentioned in English
and American jurisprudence, the reasons most usually given for it, are the
same as in Valin’s commentaries, viz : that goods ought not to be stowed on
deck, because they embarrass the management o f the vessel; and that
the proper remedy o f the shipper whose goods are jettisoned, is against the
master and owners. In some o f the cases, contribution has been denied on
the ground that the goods on deck paid a less freight, and that it would
be inequitable that they should be contributed for on the same footing as
those under deck, since this would make the ship-owner insure the former
without a premium. This reason applies only to cases where the goods on
deck in fact pay less freight, which is not always the case. It is said
also that goods are taken on deck under an implied agreement that they
shall not be entitled to contribution; but this is only another expression
o f one o f the foregoing reasons, since it is merely saying that one or
another o f those reasons imports such an agreem ent; or, in other words,
since the shipper o f the goods stowed on deck, ought not to have contri­
bution, the courts suppose him impliedly to agree not to claim it. A n ­
other ground alleged is, that there is a usage or custom not to allow con­
tribution, even though the goods are rightfully stowed on deck according
to the usage o f the particular trade. That is, the general doctrine or
usage is, that goods on deck are not to be contributed for; and no excep­
tion is recognised. This is merely saying that contribution for goods on
deck has been denied not only generally, but also in a case o f the descrip­
tion in question. It is only giving the doctrine the name o f usage.
These are all the grounds o f the rule denying contribution that I have
found in the treatises and jurisprudence on the subject; a concise recapitula­
tion o f the cases will show that the subject is involved in some perplexity
and inconsistencies.
In Lenox vs. Marine Insurance Company, (1 Caines’ Rep. 44, n. 1802,)
the decision was against contribution, on the ground, as stated by Mr.
Caines, that the goods on deck embarrass the navigation o f the ship ;
and that there was accordingly an implied agreement not to demand con­
tribution.
In Smith and another vs. W right, (2 Caines’ Rep. 43, 1803,) twelve
vol. in.— no. v.
55




434

The Jettison o f Goods carried on Deck.

bales o f cotton shipped on deck at lower freight, on a voyage from New
Y ork to Liverpool, were jettisoned, and the claim against the' ship for contribution was rejected on the ground that to allow it would “ make the ship­
owners insurers o f all the goods laden on deck without a premium, at half
freight, which would be the height o f injustice.” In this case some o f the
witnesses said such a claim was never heard of, and the usage was clearly
against it.
In the case o f staves thrown over from the deck, on a voyage from N ew
Y ork to Lisbon, and allowed for in an average adjusted at Lisbon, the court
in N ew Y ork were o f opinion that the shipper o f the staves was not entitled
to contribution. The staves were shipped on deck on a special contract,
and there was no evidence o f any custom to carry a deck-load. Lenox vs.
United Insurance Company, (3 Johns. Cas. 178, 1802.)
In one case in Maine, Dodge vs. Bartlett, (5 Greenleaf, Rep. 2 8 5 ,1 8 2 8 ,)
o f a claim for contribution for goods jettisoned from the deck, where they
were carried for half freight, Mr. Justice W eston said, “ There can, we
think, be little doubt that in the excepted cases stated by Valin, depending
on a usage to load on deck, full freight was paid for the whole goods
and
it was considered ih that case, that the different rate o f freight was a sufficient reasorv for rejecting the claim. The court, however, said at the same
time, that they did not think a liability to contribution would result from a
usage to carry on deck.
In a subsequent case in Maine, Cram vs. Aiken, (1 Shepley, 229, 1831,)
o f goods jettisoned from the deck, and the ship thereby saved, on a voyage
from Boston to Hallowed, in which it was proved to be the usage so to
carry goods like those in question, not liable to damage by being wetted,
at the same freight as in the hold, the claim on the owners for contribution
was rejected. There was in the case some evidence to show that the
claimant knew the goods were to go' on deck. Mr. Chief Justice W eston,
giving the opinion o f the court, said, “ Neither the master nor the owner can
be chargeable with any fault in putting the goods on deck. The claimant
must be understood to have assented to their having been placed there.”
And the claim was rejected on the ground that goods on deck are “ pecu­
liarly exposed,” and the court considered that there was no sufficient authority for any exception to this rule.
The same question has been raised in England. It came up first in D a
Costa vs. Edmunds, (4 Camp. 142, 1815,) in a trial o f a case before Lord
Ellenborough, in which some carboys o f vitriol were jettisoned from the
deck, it being proved to be customary to carry this article on deck as well
as in the hold. Lord Ellenborough ruled in favor o f the claim, and this
ruling was acquiesced in by the other judges o f the K ing’s Bench.
In a subsequent case before the Court o f King’s Bench, since L ord Den­
man has been Chief Justice, Gould vs. Oliver, (4 Bing. N . C. 134,) a
shipper o f a cargo o f lumber for a voyage from Quebec to England, claimed
contribution o f the ship-owners for the jettison o f the part o f the cargo car­
ried on deck. It was proved to be the usage to carry part o f such a cargo
on deck on that voyage. The claim was allowed.
In regard to the proper mode o f carrying the boats, all the cases agree
that it must depend on usage. In an English case, Blackett vs. R oy, (Exch.
Ass. Co., 2 Crompton and Jer. 244,) a policy on the ship was held to cover
and make the underwriters liable for the loss o f a boat carried on the quar­
ter, this being proved to be the usual way o f carrying a boat on the voyage




The Jettison o f Goods carried on B eck..'

435

in question. The court did not go beyond the inquiry whether this was the'
usual way, but considered the decision o f the fa c t that the boat was right­
fully, there, to be decisive..
A similar case has occurred in Massachusetts, Hall vs. Ocean Insurance
Company, (Suff., 1839,) in which the assured on the ship claimed for the
loss o f a boat slung to the davits at the stern. The only question was,
whether this was the usual way o f carrying i t ; and it not appearing .to be
an unusual way, this was considered to be conclusive o f the case in favor
o f the assured.
N ow if the question whether a boat must be carried on deck, or may be
carried at the quarter or stem, depends on what is usual, that is, is a mere
question o f fa c t; th e. other question, whether a n / particular description
o f goods must, on any particular voyage, or on board o f any particular
description o f vessel, be carried under deck,- or may be carried on deck,
seems to be very analogous in principle, and the analogy is certainly very
strong in favor o f holding the decision o f the fa c t to be conclusive o f a
claim for .a loss in the latter case, no less than in the former.
It has been held in Connecticut, that a shipper is affected by a usage
to carry goods on deck,, whether he, in fact, knows any thing o f it or not.
Some casks o f gin so carried, were jettisoned on a passage from Hart­
ford to Boston, for which the shipper claimed indemnity o f the ship-owner,
and the jury were instructed that if it were usual to carry such an arti­
cle on deck, the claim should be rejected, and this instruction was delib­
erately confirmed by the court. Barber vs. Brace, (3 Conn, Rep. 9.)
Indeed it is a W ell-known, rule o f com m ercial law , that the usages o f
any trade are presum ed to be know n to every one interested in it, whether
as a ship-ow ner, shipper, or underwriter.

Another case that has occurred in •Massachusetts, Lapham vs. Atlas
Insurance Company,-(Suff. 1839,) has some bearing on this subject. In
a claim for a loss, the underwriters objected that the navigation o f the
ship had been embarrassed, and the risk accordingly enhanced by taking a
de.ck-Ioad o f cotton. It was, however, stated by witnesses that the navi­
gation o f vessels o f the same description was not at all hindered by such a
deck-load.
N ow , as above stated, the supposed embarrassment o f the
navigation o f the ship, is the principal. ground o f the general rule - as to
contribution for a deck-load. The court did. not exclude an inquiry as to
the fact in this particular case. If, therefore, the doctrine as to contribution for a deck-load rested wholly on the supposed embarrassment o f the
navigation o f the ship, it would not be applicable to such a case as the
•above.
W here the shipper demanded indemnity from the ship-owner for some
hogsheads o f spirit carried on deck, and lost on a passage from N ew Y ork
to Portland, Mr. Justice W a re adjudged the ship-owner to be liable, remark­
ing that no usage was proved, to carry the article on deck on that voyage.
(Crane vs. the R eb ecca ; Am . Jurist, vol. 6, p ..l,' S.C., W a re’s Reports.
See also ship Paragon, W a re’s Reports, 322. This implied that, accord­
ing to the other cases above cited, if there had been proof o f such a usage,
the ship-owner would not have been liable.
From this sketch o f the jurisprudence relating to this question, we find
the authorities agree that if the goods are stowed according to the usage on
the particular voyage, the master and owners are n o t. liable for any dam­
age or loss, though, the goods are stowed on deck. N ow the rule as stated




436

The Jettison o f Goods carried on Beck.

in the French ordinance is, that no contribution can be claimed for jettison
o f goods carried on deck, the claim in such case being against the m aster;
thus plainly implying at least, if not explicitly asserting, that where the
claim against the ship and cargo ends, that upon the master, for improper
stowage, begins. This is the construction put upon the ordinance by Valin,
than whom we can hardly have a more weighty authority upon a matter o f
commercial law, even at the present day, where the circumstances are, as
in this case, parallel to those o f his own time. According to his construetion o f the ordinance, sanctioned by the decision o f the Rochelle tribunal,
the right to contribution for jettison o f the deck-load, had place where the
usage o f the trade was to take a deck-load. Under the rule o f the Rhodian
law, i f the goods o f oii'e are jettisoned for the sake o f the others, they shall
contribute pro rata for the sacrifice. It is they indeed, who, by their repre­
sentative, the master, sacrifice his goods, for their own benefit, for the
shipper cannot be presumed to consent that his own goods, though carried
on deck, shall be sacrificed for the benefit o f others merely, without any
compensation to him self; and the assumption, in a case or two, that he
does so assent, is, it seems to me, without the slightest foundation, and is
contrary to the plain fact, for men do not assent to the gratuitous sacrifice
o f their property. I f the goods are wrongfully and unjustifiably stowed on
deck, the parties interested may throw them overboard without making
compensation, in case o f danger, just as anybody may abate a nuisance in
the highway or on his own ground, but we should hardly say that the
wrong-doer, who erected it, did so on an agreement that it might be abated.
Valin puts the rule denying contribution upon this ground.
The presumption is, he says, that the goods ought to have been thrown
over even before there was any danger threatening. This is the extent o f
the exception to the Rhodian law as Valin left the subject. The Rhodian
law allowed contribution without expressing any exception. T h e modern
ordinances and usage made the exception o f the case o f jettison o f goods
carried on deck. Valin says this modification o f the Rhodian law is not
applicable where the other shippers must, from the usage, know that goods
will be so carried.
It is said that the deck-load, though one may be customarily carried on
the particular voyage, obstructs the navigation o f the ship. Though the tes­
timony was to the contrary in the case o f the deck-load o f cotton already
mentioned, yet allowing this to be the case, if the obstruction is no greater or
other than the particular navigation is ordinarily subject t o ; if it is one that
is usual and common, and known to everybody, or presumed to be so ; if
the goods are rightfully and justifiably on the d e c k ; whether they facilitate
or obstruct the navigation, seems to have not the slightest bearing upon the
question o f a claim for contribution. It is a reason, if it be a fact, why
these goods should be thrown over first. And so there are other reasons
why particular goods should be selected for jettison, such, for example, as
their small value in comparison with their w eight; but it does not follow
that a good reason why goods should be jettisoned instead o f others, is one
also why no contribution should be made for them.
Again, in two o f the cases above cited, the circumstance o f lower freight
being paid for goods on deck was considered to be o f weight, for it is said
that it would be very unreasonable for the ship-owner to insure the deckload without any premium for so doing. I f a special agreement were made
for low freight o f goods on deck, on a voyage on which such a mode o f




The Jettison o f Goods carried on Deck.

437

stowage was not usual and known to everybody, the fact o f its being un­
usual would be a reason against allowing a claim upon the other shippers
for contribution for the jettison o f goods so carried, but it does not appear
what the rate o f freight has to do with the question. A s there are other
sufficient reasons why a lower freight may be demanded and paid for goods
on deck, there is no necessity for seeking a reason in the exception from
contribution. The connecting the rate o f freight in any way with the ques­
tion o f contribution, except in assessing the ship-owner, seems to be entirely
forced and fanciful. The agreement to carry cheap, certainly does not im­
ply a condition that the carrier should have any particular privilege to de­
stroy the goods. This he could not do if he carried them gratuitously.
There is no other case in which the responsibility o f the carrier is deter­
mined by the high or low rate o f freight. But this reason may be put en­
tirely out o f the question, since the extent o f the exception is not pretended
to be limited to cases o f lower freight; in a number o f the cases already
cited, the same freight was paid, on and under d e c k ; in some o f those cases
the shipper did not previously know o f his goods being carried on deck.
On the rule as stated in the ordinance, and explained by Valin, there
can be no reason given by the master and owners against contribution by
the ship and freight, for the only case exempted from contribution is one
where entire indemnity is due from the ship-owner, on the ground o f his
non-compliance with his agreement. In all the treatises and jurisprudence
on this subject, we shall, I think, seek in vain for any ground or pretence
whatever, short o f an express special agreement to that effect, for exempt­
ing the ship and freight from contribution, unless it be the liability o f the
ship-owner to pay the whole value o f the goods jettisoned from the deck.
The master puts the goods on deck without the knowledge o f the shipper.
They are jettisoned for the safety o f the ship and the rest o f the cargo.
The shipper demands indemnity. The ship-owner replies that he is not
responsible, and the courts so hold on the ground that the goods w ere
rightly and properly stowed, according to the usage o f the trade, and the
shipper is presumed to have known that they might be so stowed. T h e
shipper then demands contribution. The ship-owner says, “ N o ; it was
understood and virtually agreed between all parties, that I might put the
goods o f any one in a situation in which they should be subject to be sacri­
ficed without compensation, and I chose to put your goods in that situation.”
This seems to me, I confess, to be preposterous. N or do I perceive that
it makes any difference between these parties, if the goods were carried on
deck by an express special agreement.
Again, it is said to be unequal and unjust that the shippers o f goods un­
der deck should contribute for the jettison o f those on deck. But Valin has
given a reason why they should contribute, where the usage is so to stow
goods, namely, because the whole cargo is carried at a lower freight than
if no goods were permitted to be so carried. The shipper under deck has
therefore,' a consideration. Besides, if any o f the goods under deck are o f
a description liable, by the usage, to be carried on deck, this is an additional
reason why they should contribute, since it depended merely upon the time
when they were brought on board whether these or the others were carried
in the hold. Undoubtedly, in order to render goods under deck liable to
contribute, the usage ought to be clearly established, so that the shipper o f
goods carried under deck must be presumed to have known that such goods
would be carried, and be carried on deck. Some things, as, for instance, an




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The Jettison o f Goods carried mi Deck.

elephant, as mentioned in one o f the cases by way o f illustration, are al­
ways carried on deck. But if, as in such case, the thing is but rarely
transported by sea, the shippers certainly cannot be presumed to know that
it will be on board. But if any particular descriptions o f articles are com ­
monly carried on the voyage, and usually carried on deck, or either on deck
or in the hold, indifferently, according as a greater or less proportion o f the
cargo consists o f such articles, it does not appear why such a usage is not
to be presumed to be known to-everybody, as well as any other commer­
cial usage, nor why any contract made in reference to sueh trade, should
not be considered to be subject to the usage.
A s far as the other goods on deck, that are not jettisoned, are concerned,
they seem to be on the same footing, as to contribution i'n the case in quesr
tion, as the ship and freight.
It is said, in some o f the cases, that goods on deck are more exposed to
sea-damage. This fact cannot, however, have any bearing on the question
o f average, since the goods jettisoned are contributed for at their value at
the time o f their being jettisoned, and if they have been previously damaged
the contribution is lessened th ereby; and the fact that they are more liable
to damage in future on deck than i f they were in, the hold, is a matter o f
no concern to the other shippers ; it does not authorize the ship-owner and
other jhippers to throw 'them overboard Suppose a jettison o f goods from a steamboat, where the freight is gen­
erally carried on deck, would not this give a valid claim for contribution ?
I presume there is no doubt that it would give such a claim. W h y does
not the shipper o f goods on deck, on board o f a sailing vessel, stand upon
precisely the same footing, if the cargo, including his goods, is the usual
cargo and stowed in the usual way, on the particular voyage 1 It appears
to me that these are the real questions o f fact upon which all these cases
ought to turn.
Mr. Justice W are remarks that “ the law does not consist o f cases, but ,
o f principles,” (A m . Jurist, v. 6, p. 13 ;) and if his remark is applicable to
this subject, and it ought to be especially applicable to commercial ques­
tions, I think I am authorized in stating it as m y opinion that the law on
this subject is precisely as it is laid down in the French ordinance and
Valin’s commentaries ; and that the jettison o f goods rightfully carried on
deck according to the usage o f trade, which the other shippers must be
presumed to know would be carried, and so carried, gives a valid claim for
contribution against the ship, freight, and cargo ; and that such a jettison
gives a valid claim against the ship and freight, in all cases whatsoever ;
unless there is an express agreement to the contrary. I do not see how
a different doctrine can be maintained without working a palpable wrong,
and at the same time clashing with well-established and fundamental prin­
ciples. This doctrine is besides, supported by some o f the cases.

T he skill o f a merchant or tradesman is exhibited in the combination o f
the greatest profit with the least expense ; and he will make the most money
who calmly' looks from the “ beginning to the end,” rather than to be at­
tracted by any intermediate point, however profitable it may appear




Mercantile Law Report.

439

A rt . V II.— M E R C A N T IL E L A W R E P O R T .
THE TARIFF---- FORFEITURE OF GOODS.

I n the District Court o f the United States, Hon. S. R. Betts presiding,
October 14th and 15th, 1840. The United States against five casks files.
Joseph Ellison, claimant.
This was an information against merchandise, to obtain its forfeiture on
several allegations :
1. That the goods, being procured otherwise than by purchase, were
not invoiced at their actual value at the time and place where procured.
2. That the invoices were undervalued.
3. That by the invoice, the goods were represented as owned by Joseph
Ellison, who was not the owner.
And that in each particular the invoice was made up with intent, by a
false valuation, extension, or otherwise, to evade or defraud the revenue;
contrary to the 4th section o f the act o f 28th May, 1830.
The goods were claimed by Joseph Ellison as consignee, who traversed
the causes o f forfeiture.
The invoices, were produced in evidence, and were made up with this
heading :
“ Jos. Ellison, Bought o f W ilson, Hawkshurst & Moss ; ” and dated at
Sheffield, in February, 1839. It was admitted that Ellison was only a
consignee o f the goods for sale, for the house o f W ilson, Hawkshurst &
Moss. The latter were extensive dealers in cutlery and steel, at Sheffield.
It appeared that the course o f the trade in files at Sheffield, was to sell by a
tariff o f printed prices, established some time ago, and the price at this time
was designated by rates o f discount from the tariff.
The customhouse appraiser, on examination, reported the discounts in the
invoice to be greater than the actual current prices at Sheffield; in some
articles, ten per cent, in others seventeen, in others twenty, and on an
average, twelve per. c e n t; upon this the goods h ad. been seized. Invoices
o f W ilson, Hawkshurst & Moss to other dealers in N ew Y ork, were pro­
duced at discounts confirming the appraiser’s judgment. Some o f the arti­
cles were marked with the name o f W ., H. & M oss; some with a mark
used by them in files sent from their establishment at Sheffield.
On the part o f the claimant, evidence was given, that it was the course
o f business at Sheffield, with W ., H . Moss and others, in cases, o f consign­
ment, to head the invoices in the manner in this case practised. Evidence
also was given from Sheffield by the manufacturers o f the files in question,
that they had sold the same to W ., H. & Moss, at the prices stated in the
invoice, and that was also proved by their clerk. These and other wit­
nesses also proved that similar goods could be purchased at Sheffield by deal­
ers there for cash, at similar prices. ' It also appeared that W ., H. & Moss
were not themselves manufacturers directly o f the files
That they were
dealers in steel; that it was the course o f business o f persons in their line at
Sheffield, to deliver steel to the manufacturers o f files, which was charged
at a cash price ; that files were returned to them made usually out o f the
same steel at certain cash prices, and the balance was paid in cash ; that
the dealers to whom the files were thus returned, were not themselves pro­
prietors o f the machinery, tools, or establishments where the files were m ade;




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Mercantile Law Report.

that the actual manufacturers were often persons o f small credit, whom
the dealers would not trust, except with the steel to be paid by manufac­
tured files ; that the mark put on files was sometimes that o f the maker,
sometimes that o f the purchaser for sale or exportation.
Mr. Lord, for the claimant, insisted that the house W ilson, Hawkshurst
& Moss, were purchasers o f the files, and had invoiced them at the pur­
chasing p rices; that they were not bound, nor indeed, under the law and
the oath to be taken by the importer, warranted in invoicing them at any
other value ; that they were not manufacturers; that even if they might in
a constructive legal sense be so deemed, yet this was one o f those new and
nice questions in which, if they erred, it was not evidence o f intended fraud;
that all their conduct and course was to the contrary.
Mr. Butler, D. A ., insisted that W ., H . & Moss were manufacturers and
not purchasers ; they were therefore bound by law to put the current actual
value, instead o f actual cost in the invoices ; that this was done understandingly, and not by any mistake o f fa c t; and if the mistake was one o f law, it
was at their p eril; that if this was so, then the naming o f Ellison in the in­
voice as a purchaser, tended to mislead the officers o f the customs ; because,
i f true, it warranted an entry at the actual cost, when the duties ought to be
levied on actual value.
Judge Betts charged the J u ry : That the offence here proceeded for, was
a falsehood in the invoice produced upon entry, with intent to defraud or
evade the revenue. T h e falsity was alleged to exist in the heading o f the
invoices, and in the prices at which the articles were there valued ; the in­
tent, that o f evading the revenue by passing the goods at a less rate o f duty
than they were in truth and by law subject to.
That the invoices, it is true, were not controlling on the customhouse offi­
cers, but they might nevertheless raise the value, and charge the duties ac­
cordingly ; but the invoice was one circumstance or document which the
government exacted upon entry for the information o f its officers, and re­
quired it to be true, on penalty o f forfeiting the goods. The forfeiture is
not because the government is actually defrauded, but because the invoice
has been falsely made to this effect.
The law contemplates two classes o f importers ; purchasers, and those
who procure otherwise than by purchase : the one class are to represent
the actual cost, the other the actual value in their invoices. Jf the actual
cost be truly stated by the purchaser importing, then although the valuation
may be raised for the purpose o f imposing the duty, yet the goods could not
be for this cause forfeited. But if the importer be not a purchaser, his in­
voice must show the actual market value, whatever may have been its cost
o f manufacture.
Then, were W ., H. & Moss, who are here to be regarded as importers,
manufacturers or purchasers ? I f they were purchasers, then the evidence
is clear that the invoice contains the actual cost, and there is no difficulty in
the case. I f they were manufacturers o f these goods, then if the invoice
does not show the actual value, the goods are not properly invoiced.
W hether manufacturers or not, is a mixed question for the jury, under the
advice o f the court as to what constitutes a manufacturer.
Manufacturer is a word not perfectly limited in its meaning. The arti­
san, by whose skill and labor the raw material is formed into the article
prepared for sale or use, is in a strict sense the manufacturer. But he who
controls, directs, or superintends the artisans, and the general head or pro­




The Book Trade.

441

prietor o f the establishment, is a manufacturer also; although he may not
conduct any o f the mechanical processes, nor indeed be acquainted with
them. So, too, there are persons in a mixed position, being dealers in the
raw material, selling all the articles made from it, and manufacturing some
o f the articles they deal in. In relation to the present case, if W ., H . &
Moss were originally proprietors o f the material delivered to the file-maker,
and the latter was to return to him the same material in its manufactured
shape according to their orders, so that the material did not cease to belong
to them, then they were manufacturers; although the mode o f conducting
the business was by charging the steel and crediting the files in cash, and
paying' cash for the balance. But if, when the steel was delivered to the
file-makers, it belonged to the latter, so that they might at their pleasure
either sell it, or sell the files made from it to whom they pleased, then W .,
H. & Moss woidd be rather purchasers than manufacturers o f the files.
If the jury should, on the evidence, find that they were manufacturers, *
then the next question would be, whether the price in the invoice was the actual
market value at Sheffield at the time ; such as any ordinary purchaser
would have to pay for the article in the market there. On this the evidence
was conflicting, and was for the jury to consider. But if it was not the
actual value, still the claimant contends, that i f W ., H . & Moss supposed
that they were purchasers, and under this supposition inserted the actual
cost instead o f actual value, they were merely mistaken in the law, and not
guilty o f an. intent to defraud or evade the revenue. The court, however,
is o f opinion, that this mistake o f the law cannot be looked to in their ex­
culpation. T h ey are bound to know the law, and if without mistake of
fact, they make an entry in their invoice contrary to the law, it must be
regarded as intentional; and if tending to evade or defraud the revenue,
that intent must be ascribed to the false invoice. The jury are not, in this
particular, to inquire as to the actual private intent to defraud the revenue,
but whether the importers were in such a relation o f manufacturers, as
bound them to enter the goods, not at actual cost, but at actual value.
A s to the representation o f Joseph Ellison being the purchaser instead
o f W ilson, Hawkshurst & Moss, if that was false, and with intent to evade
or defraud the revenue, then that was also a ground o f forfeiture.
The claimant’s counsel excepted to so much o f the charge as related to
the intent under mistake o f law.
The jury found a verdict for the claimant o f the goods.

T H E BO O K T R A D E .
1.

A Treatise on the Law o f Fire Insurance, and Insurance on Inland
W aters. In two parts, with an appendix o f forms. B y E lisha H am­
mond, Counsellor at Law .
N ew Y o r k : Halsted & Voorhies, 1840.

T he principles regulating insurance, constitute an important branch o f
the law. In its broad sense, insurance is nothing more than a contract en­
tered into between two parties, in which one engages, on the payment o f a
certain sum by the other, to indemnify him against any losses which may
occur from unforeseen accidents— for example, fire or storms. This
system o f legal policy is o f the utmost benefit to all classes o f population
vol. hi.— no. v.




56

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who possess property subject to these accidents, and especially to the mer­
cantile and commercial class. It enables those who have property in their
possession to protect themselves from the misfortunes which may befall it,
and its direct consequence is to advance the interests o f trade. I f the
owner o f real estate, subject to destruction by inevitable accident; i f the
merchant, who has heaped his warehouses with marketable property, or has
sent it afloat upon the ocean to foreign ports, desires to fortify himself
against unforeseen events, which might otherwise involve him in ruin, he
saves himself the consequences o f their destruction by paying a specific
sum called a premium, to a certain man or body o f men called underwri­
ters, who engage for that consideration to make up any loss if the property
is destroyed. It thus induces enterprise by protecting those engaged in it
from the losses which may thus accrue from their hazardous adventures.
There are different species o f this kind o f contract, the principal o f which
are fire, marine, and life insurance. The fire insurance generally covers
all property on land which may be destroyed by fire ; marine insurance,
the perils o f the s e a ; and life insurance, the duration o f life, by contracting
to pay, for a certain annual premium, a specific sum to the survivor o f the
insured in case o f his death. This contract has been deemed by some, and
indeed might savor o f a species o f gambling, were it not that it tends directly
to the benefit o f men by protecting those who have property, and by further­
ing the interests o f trade and com m erce.
There is and should be a mutuality in this species o f contract. The
insurers or underwriters engage to indemnify the insured in case o f damage
or loss under certain circumstances, but it is necessary that their risks
should be generally known to the underwriters, because the amount o f the
risk must regulate the amount o f the premium. Accordingly, if the insured
do not perform their part o f the contract by acting up to its terms, so far as
the risk o f the property insured is concerned, the policy becomes vitiated,
and the underwriters are not responsible. Suppose a house is insured
against fire, it is right under the circumstances o f the case that the under­
writers should know what risk it will be likely to undergo ; or if life is in­
sured, it becomes important to ascertain the constitution o f the insured, and
the circumstances bearing upon his health ; or i f a ship and cargo are in­
sured, it is equally just that she should be tight, staunch, and strong, in
every way seaworthy, and perform her voyage in the track prescribed by
the policy. These important qualifications seem essential to the right un­
derstanding o f the circumstances under which the contract should be made,
and any fraud on either side ought to vitiate it as against the wrong­
doer.
T h e entire law o f insurance embraces a very large space, and is compre­
hended in numerous volumes. The present is a valuable compendium o f
the law o f fire insurance, and that upon the property o f inland waters,
which is embraced in the term o f marine insurance. The consideration
o f the law o f insurance o f property upon inland waters, seems especially
appropriate to the position o f our country, watered as it is by numerous
and extensive navigable waters, which now bear in their com m erce a large
amount o f value which is the subject o f insurance. The law o f insurance
in its application to particular cases, is so vast and complex, that this work
o f only one hundred and eighty-two pages, can be expected to give but
little more than its general principles; but those which have been here em­
bodied are o f the utmost practical utility, being backed by the most




The Book Trade.

443

authoritative judicial decisions upon this important branch o f mercantile
law. It is increased in value by an appendix, which contains the ordinary
forms o f policies o f insurance, and the evidence o f the circumstances o f the
loss required by the underwriters in order to their indemnification o f the
insured for the damage sustained.

2. Democracy in America. P art the Second: — The Social Influence o f
Democracy. By A lexis de T ocqtjeville, Member o f the Institute o f
France, and o f the Chamber o f Deputies, & c. & c. Translated by H enry
R eeve , Esq. W ith an original preface, by J ohn C. S pencer, Counsellor
at Law . N ew Y o r k : J. & H. Langley. 8vo. pp. 355. 1840.
T o those who have read the first part o f this work, we need not say
that it is the offspring o f a powerful, searching, and philosophic mind.
This second part, forming its conclusion, exhibits the same traits that dis­
tinguish the first volume. In our deliberate judgment, it is the most original,
comprehensive, and profound treatise that has ever appeared regarding our
republic,— a treatise which is destined to live and take rank with the master
works o f former ages. Carried forward as we are upon the current o f
events that are flowing onward through the bustling scenes o f our country,
and constituting, as we do, a part o f that stream, it is not extraordinary
that no native writer has sprung up among us, who has drawn an accurate
picture o f our political and social institutions, and the causes and conse­
quences which they exhibit. It requires a mind independent o f our govern­
ment and people, alike removed from prejudice and passion, conversant
with other governments and the history o f the past, endowed with equal
powers o f generalization and analysis, which can take a bird’s-eye view o f
the whole subject, and comprehend it in its whole proportion and all its
parts, to delineate the character o f a republic like our own. Such a mind
has been found in the author o f this work. H e has not only shown us the
facts growing out o f our popular institutions, which we see spread around
us, but also the causes o f those facts. H e has furnished a text book for
those who wish to arrive at a right understanding o f the political and social
structure o f our body politic, and by so doing has placed his name in a rank
hardly below those o f the Bacons, the L ockes, the Miltons, the Montes­
quieus, the D e Lolmes, and the Blackstones o f the past.

3. The American Almanac and Repository o f Useful Knowledge, f o r the
year 1841. Boston : David H. Williams, pp. 312. 1840.
This volume constitutes the 12th number o f the most valuable annual
that has ever been published in this country. It is uniformly compiled with
great care and judgment, and may be depended upon for its accuracy.
The present number embraces the usual astronomical, political, and com ­
mercial tables; the former o f which were prepared by a distinguished
mathematician, Mr. Robert Treat Paine, besides special information upon
important topics, derived from the most authoritative sources. It contains,
also, facts most useful to be known concerning the political organization o f
our several states, and a list o f their civil officers, together with an extended
obituary o f distinguished men who have died within the last year.




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4. Views o f the Architecture o f the H eavens ; in a Series o f Letters ad­
dressed to a Lady: By J. P. N ichol, L .L .D ., F .R .S .E ., Professor o f
Practical Astronomy in the University o f Glasgow. Republished from
the last London and Edinburgh editions. T o which have been added,
notes, a glossary, & c., by the Am erican publishers. N ew Y ork : H. A .
Chapin & Co. 12mo. pp. 158. 1840.
It is a noble trait o f the intellect o f man that it ranges through the whole
domain o f created existence, and thus shows a clear badge o f its immortal
powers. Not contented with the globe as a field o f its action, it ascends to
the heavens, and there explores the bright’ worlds which glow in myriads'
upon its arch, measures the size and the tracks o f the heavenly bodies, calculating eclipses to a minute o f time. And what amazing scenes does astronomy unfold, in the millions o f worlds that glow bright above us, and those
other millions that are invisible to the naked eye, each governed by fixed and
uniform laws ! It is said that Herschel, when he pointed his telescope to
the skies, and cast out his lines as if to fathom the immensity o f space, ex­
perienced the same sensation that is produced upon a mariner when he
sounds the depths o f the ocean. H e was fired by increased enthusiasm, as
clusters o f new worlds met his eye, each the centre o f other worlds, until
his mind was lost in amazement at the infinitude o f the universe. The
present work is designed to spread before the popular mind the planetary
system, in its intimate relations. It is embellished with numerous hand­
some plates, which show the worlds above us as they appear through a tel­
escope. W e recommend it to all those who are interested in astronomy,
(and who should not be ?) as conveying in an intelligible form, a knowledge
o f the planetary system, and the principles which govern the architecture
o f the heavens thus displaying the omnipotence o f God.

5. Manual o f Political Ethics ; designed chiefly f o r the use o f colleges and
students at law. Parts I. and II. By F rancis L ieber . Boston : Charles
C. Little, and James Brown. 8vo. pp. 441— 668. 1840.
D r. Lieber has done an important service to the cause o f political morals
by putting forth this work. In a country like ours, the structure o f whose
government is republican, and based on the popular will, it is peculiarly im ­
portant that while the people should thoroughly understand their rights, so
also, that they should know their duties. A n error has long prevailed, that
although morals are a necessary safeguard and a bright ornament to the
individual in his private relations, he .is absolved from their obligations as
soon as he enters upon the arena o f politics. W e have a marked example
o f this error in the conduct o f nations towards each other, and towards
their subjects, in past times. Notwithstanding the existence o f huge vol­
umes o f codes, comprising the laws o f nations, with which our world has
abounded since the time o f Grotius, and that hold civil society as a “ moral
person
these codes, it is well knpwn, have been, in fact, mere ropes o f
sand, when they have com e in conflict with the selfishness and ambition o f
political states. In too many cases, the law o f the strongest has given the
rule, i f any collision has existed between opposing umpires, they have
had no common umpire by whose judgment they were willing to be bound ;
the sword is the weapon which has beaten down the scales o f justice.
The design o f these volumes is to show that morals are as binding




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upon the politician as the man, upon the public as well as the private state,
and that each individual owes an equal duty to the community o f which
he is a member whatever may be his position, and to his neighbor. And
who can avoid the conclusion ? The great public are but men in their collective capacity, and any breach o f morals towards them in that condition,
is as wrong, nay, it is usually, i f the wrong-doer possesses great power,
more disastrous in its consequences than a breach o f duty towards an indi­
vidual. The character o f the structure o f society is here clearly shown,
and the obligations which it enforces upon each member o f society are
clearly set forth. W e hope that every good citizen, as well as students at
law, for which this work was principally designed, will take it to heart,
and be guided by its precepts.

6. The Flag Ship ; or, A Voyage around the W orld, in the United States
frig a te Columbia, attended by her consort, the sloop-of-war John Adams,
and bearing the broad pennant o f Commodore George C. Read. B y F itch
W . T aylor , Chaplain to the Squadron. N ew Y o r k : D. Appleton &
Co. 2 vols. pp. 838— 406. 1840.
The chaplains o f our naval service seem, from their stations, to be the
best fitted to furnish us with descriptions o f the voyages made in our naval
ships, and it is to them that we have been indebted for the most interesting
o f this class o f works within the last few years. Possessing minds enriched
by study, and sufficient leisure to record their observations in the intervals
o f their professional duty, it is to them that we look for fresh and graphic
accounts o f our naval explorations. The present work covers a wide ground.
Treating, as it does, o f the various nations along the track o f this expedi­
tion, it presents us a bird’s-eye view o f their various characters, as they
would naturally impress a single mind. The distinctions in character pre­
sented by the various nations here described, must convince us that one o f
the most interesting objects o f contemplation is man in the various phases
which he assumes from the difference in climate, constitution, and laws.
W e know o f no w ork better calculated to furnish matter for this sort o f
contemplation than the present. It presents us, in a single picture, the
manners, habits, and appearance o f races as widely separated in character
as if they belonged to different species ; and, moreover, they appear so ac­
curately drawn and well colored, that the figures seem to stand- out and
breathe upon the page. The work is illustrated with appropriate embellishments, and we doubt not will have a wide circulation.

7. T hree Voyages f o r the Discovery o f a Northwest Passage from the A t­
lantic to the Pacific ; and Narrative o f an attempt to reach the North
P ole.
By Sir W. E. P a rr y , Capt. R .N ., F.R.S. In 2 vols. N ew
Y o r k : Harper & Brothers. 1840.
These volumes contain an account o f the five voyages made by Parry,
who was appointed the commander o f his majesty’s ship the Hecla, in 1819,
to lead an expedition for the purpose o f attempting the discovery o f a ,
northwest passage into the Pacific. The vessels in his charge, being rigged
in the manner o f a bark, were provided with stores for two years, and bal­
lasted with coal. Each man was furnished with an abundance o f warm




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clothing, a wolf-skm blanket, and with all the outfits necessary to encounter
the severe cold o f the north. The official narrative from which the volumes
are drawn is abbreviated by the omission o f details, and those parts only
are preserved which are most calculated to be interesting to the people o f
this country. The work presents an interesting record o f the enterprises
o f this adventurous navigator, and circumstances important to be known
respecting the physical features and the population in the northern part o f
our continent. The description o f the Esquimaux, and the narrative o f the attempt to reach the north pole, constitute a valuable portion o f the work. The
former exhibits man in a peculiar aspect, living among eternal snows, and the
spirited engraving o f the Esquimaux snow-huts almost causes one to shiver.

8. Two Y ea rs before the M a s t ; a personal N arrative o f L ife at Sea.
Y ork : Harper & Brothers. 12mo. pp. 483.

N ew

This work, forming the 106th number o f Harper’s Fam ily Library, is
understood to have proceeded from the pen o f Mr. R ichard H . D an a , jr.,
o f Boston, a son o f the well-known poet o f the same name. This gentle­
man, it appears, was transferred from the halls o f Harvard to a merchantship, and acquired the hard experience to be derived from the service o f
two years before the mast, as a common sailor. The volume embraces
the substance o f that experience taken from his journal, which was kept
during the voyage to the western coast o f Am erica. So little is known
even to the great mass o f the reading public respecting the actual life o f the
sailor, that it seemed important to collect from one who had endured it, all
the facts regarding the case. T h ey are here set forth in a simple and
graphic form, and with a salient freshness which always arises from an ac­
count o f recent incidents, conveyed in a popular and pleasing style. It
serves to give us an accurate idea o f the mingled deprivations and pleasures
o f those active agents o f our com m erce who are continually afloat upon the
ocea n ; and we think that it presents many valuable hints as to the actual con­
dition o f this class, which may lay a foundation for substantial improvement.

fl. Introduction to the F ren ch L a n g u a g e; comprising a F ren ch Grammar, with
an appendix o f important tables and other matter, and a F ren ch R ea d er,
consisting o f selections fr o m the C lassic Literature o f F ra n ce ; accompa­
nied by explanatory notes and a vocabulary, adapted to the selections. By

D avid F osdick, jr.

N ew Y o r k : Gould, Newman & Saxton.

1840.

It is perhaps too late to discuss the importance o f the French language.
That language has indeed becom e an almost essential branch o f elementary
education. T o the merchant, a knowledge o f this language is invaluable ;
because in our own republic he is frequently thrown into mercantile rela­
tions with individuals from that country, and it is absolutely requisite, i f in
his commercial intercourse he should have occasion to visit France. The
present volume is peculiarly adapted to give an elementary knowledge o f
the French language, and although containing some few inaccuracies, which
the author acknowledges in his preface, these are not so many or so great
as to mar the general value o f the work. A table, containing specimens o f
the most popular French writers, in prose and poetry, is appended, together
with a vocabulary, rendering from French into English the French words
which most frequently occur.




Commercial Statistics.

447

COMMERCIAL STATISTICS.
C O M M E R C E A N D N A V IG A T IO N O F T H E U N IT E D S T A T E S .
COMMERCE.

Table, exhibiting the value o f imports from, and exports to, each foreign country, dur.
ing the year ending on the 30 th o f Sept. 1839, from official documents.
VALUE OF EXPORTS.

Countries.

Value of
Imports.

Domestic
produce.

R ussia,.................................................... $2,393,894
$434,587
Prussia,...................................................
70,412
29,313
Sweden and N orw ay,..........................
1,553,684
337,000
Swedish W est Indies,..........................
12,458
103,282
Denmark,...............................................
80,997
50,634
1,465,761
Danish W est Indies,............................
1,014,381
Hanse T ow ns and ports o f Germany,
4,849,150
2,067,608
2,149,732
Holland,..................................................
1,677,352
692,196
86,619
Dutch East Indies,...............................
582,284
282,042
Dutch W est Indies,..............................
49,008
58.863
Dutch Guiana,.......................................
Belgium,.................................................
465,701
541,641
England,................................................. 64,863,716 54,615,327
S cotlan d,................................................
950,183
1,025,832
Ireland,....................................................
150,689
330,719
Gibraltar,................................................
99,178
902,247
M alta,......................................................
24,943
65,870
Mauritius,...............................................
30,466
Cape o f Good Hope,............................
43,059
88,379
British East Indies,..............................
2,135,152
246,845
941,699
British W est Indies,.............................
2,472,833
British Guiana,......................................
14,215
34,906
British Honduras,.................................
181,861
164,027
2,155,146
British North American colonies,....
3,418,770
Australia,................................................
58,344
6,790
Other British colonies,.........................
France on the A tlantic,...................... 30,918,450 14,919,848
1,612,871
1,046,260
France on the Mediterranean,...........
French W est Indies,............................
702,798
585,916
French Guiana,.....................................
1,643
Spain on the A tlantic,.........................
263,193
316,144
Spain on the Mediterranean,..............
1,597,978
209,724
Teneriffe and other Canaries,............
196,755
15,572
Manilla and Philippine islands,.........
98,553
876,477
C u b a ,...................................................... 12,599,843
5,025,626
Porto R ico ,.............................................
3,742,549
779,049
Portugal,.................................................
587,778
59,711
Madeira,..................................................
539,800
64,082
15,222
Fayal and the other A zores,..............
9,130
Cape de Verd Islands,..........................
39,523
77,138
Italy,........................................................
1,182,297
315,399
592,951
S icily,......................................................
192,462
Sardinia,.................................................
1,348
Trieste,...................................................
477,539
429,578
629,190
Turkey, Levant, & c ............................
83,320
M orocco and Barbary States,............
96,493
H ayti,......................................................
1,377,989
991,265
T ex a s,.....................................................
318,116
1,379,065




Foreign
produce.

Total.

$804,659 $1,239,246
43,500
72,813
26,502
363,502
4,130
107,412
38,177
88,811
303,154
1,317,535
733,459
2,801,067
295,651
1,973,003
396,934
483,553
70,975
353,017
2,803
61,666
66,269
607,910
3,953,108 58,568,435
1,256
1,027,088
330,719
148,387
1,050,634
34,126
99,996
1,500
31,966
5,020
93,399
337,597
584,442
90,642
2,563,475
218
35,124
29,339
211,200
144,684
3,563,454
6,790
2,360
2,360
2,088,655 17,008,503
176,186
1,222,446
105,905
691,821
1,643
32,014
348,158
19,000
228,724
11,939
27,511
38,'255
136,808
6,116,831
1,091,205
87,348
866,397
6,093
65,804
15,016
79,128
13,869
4,739
8,415
85,553
122,753
438,152
277,069
84,607
162,671
266,054

592,249
349,374

131,294
308,017

1,122,559
1,687,082

Commercial Statistics.

448

C O M M E R C E A N D N A V IG A T IO N O F T H E U . S T A T E S .— C

o n t in u e d .

VALUE OF EXPORTS.

Countries.

Value of
Imports.

M exico,................................................... $3,127,153
Central Republic o f A m erica,............
192,845
N ew Granada,.......................................
90,514
Venezuela,..............................................
1,982,702
Brazil,.....................................................
5,292,955
Cisplatine Republic,.............................
625,432
Argentine Republic,.............................
525,114
C hili,........................................................
1,186,641
P eru ,........................................................
242,813
South America, generally,.................
C hina,............«........................................
3,678,509
Europe, generally,................................
Asia, generally,..................... ...............
63,525
Africa, generally,..................................
419,054
W est Indies, generally,........................
South Seas,...........................................
318,143
Atlantic O cean,....................................
Uncertain places,..................................
11,944

Domestic
produce.

Foreign
produce.

Total.

$816,660 $1,970,702 $2,787,362
111,752
104,490
216,242
35,219
29,585
64,804
413,245
272,736
685,981
2,133,997
503,488
2,637,485
• 50,998
38,302
89,300
233,593
142,470
376,063
1,307,143
1,794,553
487,410
. 23,618
430,464
128,105
158,321
443,218
457,968
85,938

T ota l,...... .......................... 169,092,132 103,533,891

27,257
1,103,137
400,431
47,061
33,060
39,750

50,875
1,533,601
128,105
558,752
490,279
491,028
125,688

17,494,525 121,028,416

NAVIGATION.

Table, exhibiting the tonnage o f American and foreign vessels arriving from, and de­
parting to, each foreign country, during the year ending on the 30 th day o f Septem­
ber, 1839, from official documents.
AMERICAN TONNAGE.

Countries.

R ussia,......... ..........................................
Prussia,...................................................
Sweden and N orw ay,....... ..................
Swedish W est Indies,..........................
D enm ark,...............................................
Danish W est Indies,............................
Hanse T ow ns and ports o f Germany,
Holland,..................................................
Dutch East Indies,...............................
Dutch W est Indies,.............................
D utch Guiana,.......................................
Belgium ,.................................................
E n g la n d ,................................................
S co tla n d ,................................................
Ireland,...................................................
Gibraltar,................................................
M alta,......................................................
Mauritius,...............................................
Cape o f Good H ope,.............................
British East Indies,..............................
British W est Indies,.............................
British Guiana,.....................................
British Honduras,.................................
British North American colonies,—




FOREIGN TONNAGE.

Cleared
Cleared
Entered the
Entered the
from the
from the
U. States.
U. States.
U. States.
U. States.
15,423
283
9,661
569
254
23,798
10,721
14,167
4,379
9,325
6,590
5,849
277,152
4,684
1,313
1,640
914
419
1,044
8,928
43,145
1,085
3,331
384,121

8,540
816
797
2,184
703
33,563
4,892
11,612
9,234
4,020
6,637
2,211
269,466
2,321
1,362
13,864
1,869
924
2,278
10,557
76,749
4,392
6,434
385,506

2,011
316
13,711

552

358
1,234
2,608
139
961
3,607
29,998
12,381
663
441

1,692
110,092
10,214
9,089
333

3,782
92,685
5,403
332
2,164

533

533

23,614
5,950
1,171
332,097

11,258
278
2,551
373,772

231
1,624
37,741
3,659

449

Commercial Statistics.

C O M M E R C E A N D N A V IG A T IO N O F T H E U. S T A T E S .— C o n t im j f . d .
AMERICAN TONNAGE.

Countries.

France on the Mediterranean,... . . . . .

Spain on the A tlantic,........................

Manilla and Philippine islands,.........
C u b a,......................................................
Porto R ico,.............................................

S icily ,......................................................

FOREIGN TONNAGE.

Cleared
Cleared
Entered the
Entered the
from the
from the
U. States.
U. States.
U. States.
U. States.
772

1,053

77,952
7,039
21,352
2j843
6,749
16,472
3,576
7,413
193,014
61,461
15,405
2,112
814
337
4,253
13,707

88,519
9,256
24,359
2,305
15,129
5,637
1,192
1,674
194,578
22,547
3,061
4,273
819
3,836
2,100
2^233

4,480
3,381
447
22,900
38,844
17,409
741
2,186
14,976
34,457
7,341
645
4,571

3,069
2,232

1,612
7,392
2,367
5,538
374
55,951
1,601

1,491,279

14,585
7,798
3,655

14,752
3,651
1,228

507
6,112
744

1,617
2,038

13,028
1,024
2,087

12,805
1,160
2,085

102

21,031
48^503
17,816
471
1,262
9,241
39431
8,536
929
8,683
1,019
6,419
590
4,320
5,870
16,279
38,339
107
279
1,477,928

1,016
3,780

1,835
2,298

760
198
371
1,544
995
4,723

2,874

2,047
1,008
5^620

1,723
1,824
2,367
570

1,367
1,550
3,183
262
241

636
-

369
1,036
3*398
302

624,814

611,839

L IQ U O R S IM P O R T E D IN T O T H E U N IT E D S T A T E S .

A Table, showing the quantity o f liquors imported into the United States from foreign
countries in each o f the last six commercial years, ending on the 30 til of September.
Wines.
Wines.
Spirits.
Spirits.
7,582,278
3,524,288
3,802,718
5,573,219
In 1836,
6,525,210
3,394,439
3,092,776
4,349,121
1835,
5,139,063
1834,
2,511,354
2,672,228
6,350,444
I t appears from this statement,- which we have derived from official documents, that
the importation o f spirits'last year was larger than either o f the preceding five years ;
and o f wines rather above the average.
In 1839,
1838,
1837,

VOL. III.— NO. V .




56

450

Commercial Statistics.

E X P O R T S O F T H E P R O D U C E A N D M A N U F A C T U R E S O F T H E U N IT E D
STATES.
Summary statement o f the value o f the exports o f the growth, produce, and manufac­
ture o f the United States, during the year commencing on the ls£ day o f October,
1838, and ending on the 30 th day o f September, 1839.
THE SEA.

Fisheries—
Dried fish, or cod fisheries,...........................................................................
Pickled fish, or riverfisheries, (herring, shad, salmon, m ackerel,).. .
Whale and other fish o il,...........................................................................
Spermaceti oil,................................................................................................
W halebone,......................................................................................................
Spermaceti candles,.......................................................................................

$709,218
141,320
515,484
85,015
288,790
178,142
$1,917,969

THE FOREST.

Skins and furs,....................................................................
G in sen g ,...................................................................................................................
Products o f wood—
Staves, shingles, boards, hewn timber,......................................................
Other lumber,..................................................................................................
Masts and spars,.............................................................................................
Oak bark, and other d y e ,.............................................................................
A ll manufactures o f w ood,...........................................................................
Naval stores, tar, pitch, rosin, and turpentine,..........................................
Ashes, pot and pearl,.....................................................................................

$732,087
118,904
2,270,603
327,687
37,122
309,696
659,291
688,800
620,369
$5,764,559

AGRICULTURE.

Product o f Animals—
Beef, tallow, hides, horned cattle,..............................................................
Butter and cheese,.........................................................................................
Pork, (pickled,) bacon, lard, live hogs,.......................................................
Horses and mules,..........................................................................................
S h e e p ,........................................................................................
Vegetable food—
W heat,.........................
Flour,................................................................................................................
Indian c o m ,.....................................................................................................
Indian meal,.....................................................................................................
R ye m eal,.........................................................................................................
R ye, oats, and other small grain and pulse,..............................................
Biscuit, or ship-bread,....................................................................................
Potatoes,...........................................................................................................
Apples,..............................................................................................................
R ic e ,....... .........................................................................................................
T ob a cco ,...................................................................................................................
Cotton,.......................................................................................................................
A ll other agricultural products—
Flaxseed,........................................................................................
H ops,.................................................................................................................
Brown sugar,..................................................................................................

$371,646
127,550
1,777,230
291,625
15,960
144,191
6,925,170
141,095
658,421
145,448
72,050
349,871
57,536
50,875
2,460,198
9,832,943
61,238,982
161,896
72,425
28,722
$84,923,834

MANUFACTURES.

Soap, and tallow candles,.....................................................................................
Leather, boots and shoes,.....................................................................................
Household furniture,..............................................................................................
Coaches, and other carriages,...............................................................................
H a ts,.........................................................................................................................
Saddlery,...................................................................................................................




$453,471
173,859
361,840
52,950
123,165
42,743

Commercial Statistics.
W ax,........................................................................................
Spirits from grain, beer, ale, and porter,............................................................
Snuff and tobacco,.................................................................................................
L e a d ,.........................................................................................................................
Linseed oil and spirits o f turpentine,..................................................................
C orda ge,...................................................................................................................
Iron— pig, bar, and nails,......................................................................................
Castings,.......................................................................................... , ...........
A ll manufactures o f,...............................................
Spirits from molasses,............................................................................................
Sugar, refined,........................................................................................................
Chocolate,................................................................................................................
Gunpowder,..............................................................................................................
Copper and brass,................................................................................. i.................
Medicinal drugs,......................................................................................................
Cotton, piece-goods—
Printed and colored,.......................................................................................
W h ite ,...............................................................................................................
Nankeens,.........................................................................................................
Twist, yarn, and thread,...............................................................................
A ll manufactures o f,.....................................................................................
Flax and hemp—
Cloth and thread,............................................................................................
Bags, and all manufactures of,....................................................................
Wearing apparel,.....................................................................................................
Combs and buttons,................................................................................................
Brushes,.....................................................................................................................
Billiard-tables and apparatus,...............................................................................
Umbrellas and parasols,...........................................................................
Leather and M orocco skins, not sold per pound,..............................................
Printing-presses and typ e,......................................................................................
Fire-engines and apparatus,..................................................................................
Musical instruments,..............................................................................................
Books and maps......................................................................................................
Paper, and other stationery,.................................................................................
Paints and varnish,.................................................................................................
V inegar,....................................................................................................................
Earthen and stone ware,........................................................................................
Manufactures o f glass,..........................................................................................
T in ,............................................................................................
Pewter and lead,....................................................................
Marble and stone,...................................................................
Gold and silver, and gold leaf,...........................................
Gold and silver coin,..............................................................................................
Artificial flowers and jewellery,............................................................................
Molasses,...................................................................................................................
Trunks,......................................................................................................................
Brick and lime,........................................................................................................
Domestic salt,...........................................................................................................
Articles not enumerated—
M anufactured,.................................................................................................
Other articles,.................................................................................................

451
68,961
142,085
616,212
6,003
78,757
25,899
134,588
61,100
748,862
183,446
521,117
4,039
197,162
81,334
97,418
412,661
2,525,301
1,492
17,465
18,114
2,010
2,047
167,957
37,966
4,186
2,504
11,618
12,952
33,231
2,036
7,413
32,854
80,149
41,450
3,745
11,645
43,448
19,981
12,637
7,661
5,264
1,908,358
3,402
3,438
1,965
16,298
64,272
542,909
694,089
$10,927,529

Total o f the sea, the forest, agriculture, and manufactures............ $103,533,891
T O B A C C O T R A D E O F V IR G IN IA .
From the returns o f Inspections o f T obacco in Virginia for the year ending August
31st, 1840, it appears that the whole amount in hogsheads was 52,633, at the following
places, v iz : Richmond, 19,590; Petersburgh, 13,490; Lynchburg, 12,519 ; Farmville,
4,464; Clarksville, 2,600; additional, conjectured, 1,875— which would make the sum
total 54.508.




Commercial Statistics.

452

NAVIGATION.

A Table exhibiting the number, tonnage, crews, and national character o f the foreign
vessels that entered into, and cleared from, the United States, during the year ending
on the 30 Ik September, 1839, from official documents.
FOREIGN.
ENTERED.

CLEARED.

Flag.
Crews,
No.

Tons.

Crews.
No.

Men.

Tons.

Boys.

Men.

Boys.

495,353
22,686
16,501
17,725
5,053
3,384
41,139
1,059
2,788
2,204
3,638
340
524
461
748
1,662
1,145
739
436
1,462
995
928
1,142
455
1,004
1,243

27,746 751
1,184
14
1,089
7
742
14
283
6
177
4
1,854
17
64
3
119
88
4
8
197
24
38
1
20
32
63
52
3
36
28
143
94
12
54
2
28
42
68

3,500
92
90
66
28
17
132
6
3
5
18
1
1
2
2
7
5
2
1
16
16
5
4
7
6
4

491,485
21,680
13,753
18,787
4,759
3,231
38,067
868
1,294
1,213
4,000
219
188
455
748
2,573
1,145
383
140
1,300
. 844
922
800
1,074
961
950

28,169
1,148
964
790
277
167
1,759
62
51
50
226
12
12
22
32
99
51
19
12
140
78
46
39
69
53
41

427
20
6
10
4
2
16
2

R ussian,......................
Prussian,......................
Sicilian,........................
Genoese,......................
Sardinian,...................
Neapolitan,.................
Tuscan,........................
Austrian,.....................
Belgian,........................
N orwegian,.................
Brazilian,....................
M exican,.....................
T exan,..........................
N ew Granadian,.......
Colombian,..................
Venezuelan,................
H aytien,......................
Unregistered,..............

3,534
94
102
64
28
19
139
7
8
8
17
2
3
2
2
5
5
3
3
17
18
5
6
3
6
5

T otal,................

4,105

624,814

34,277

834

4,036

611,839

34,388

493

British,.........................
French,.............. ..........
S panish,......................
Swedish,......................
Danish,........................
D utch,..........................
Hanseatic,...................

2

2

i
i

Tonnage o f the several States and Territories on the 30 th o f September, 1839.
Tons and 95 ths.
Maine,
N . Hampshire,
Vermont,
Massachusetts,
R. Island,
Connecticut,
N ew Y ork,
N ew Jersey,

Tons and 95 ths.

282,285.37
29,224.07
4,232.37
526,364.21
44,572.16
83,014.34
468,593.58
62,540.87

Pennsylvania,
Delaware,
Maryland,
Virginia,
N . Carolina,
S.. Carolina,
Georgia,
Alabama,

112,359.17
19,203.19
116,203.87
51,808.39
40,841.45
‘ 33,414.21
20,942.83
21,742.00

Tons and 95 ths.
Louisiana,
109,076.36
Tennessee,
4,240.94
Kentucky,
8,125.87
Ohio,
23,925.55
Michigan,
10,999.59
Missouri,
9,735.00
D. o f Columbia, 23,142.26
Florida,
8,672.68

Total United States Tonnage in 1815, 1,368,127.78; in 1820, 1,280,16.6.24; in 1825,
1,423,110.77; in 1830, 1,191,776.43; in 1835, 1,824,940.14 ; in 1839, 2,096,478.81.

Tonnage o f the six largest Districts.
N ew Y o rk ,.................... ..........
430,300.88
B oston,.......................... ............. 203,615.82
N ew Orleans,............... ............. 109,076.36




Philadelphia,.... ........... ............ 96,862.09
New Bedford,............... ............. 86,524.75
Baltimore,..................... .............. 71,533.14

Commercial Statistics.

453

IM P O R T S A N D E X P O R T S O F E A C H S T A T E .

Imports and exports o f each State and Territory, during the year ending on the 30 th
o f September, 1839.
VALUE OF EXPORTS.

VALUE OF IMPORTS.

States and
Territories.

In Ameri­ In foreign
can vessels. vessels.

M aine,..............
N. Hampshire,
Verm ont,.........
Massachusetts,
R. Island,.........
Connecticut,...
N ew Y ork,......
New Jersey,....
Pennsylvania,.
Delaware,........
M aryland,.......
D. o f Columbia
V irgin ia ,....__
N. Carolina,....
S. Carolina,__
Georgia,............
A labam a,.........
Mississippi,......
Louisiana,........
O h io ,................
K entucky,........
Tennessee,......
M ichigan,........
F lorida,............
M issouri,.........

Total.

Domestic
produce.

Foreign
produce.

Total.

!,724
1,434 $17,051
$895,485
1,336 $>143,388
50,665
742
74,914
7,030
81,944
51,407
193,886
413,513
193,886
413,513
762,542 19,385,223 5,526,455 3,749,630 9,276,085
18,622,681
185,234
1,626
175,808
9,426
610,431
612,057
583,226
3,344
446,191
583,226
442,847
88,360,867 11,521,571 99,882,438 23,296,995 9,971,104 33,268,099
400
78,434
98,079
3,782
4,182
19,645
4,148,211 1,151,204 5,299,415
14,023,150 1,027,565 15,050,715
8,680
8,680
915,300
263,372 4,576,561
6,079,985
6,995,285 4,313,189
503,717
26,590
5,752
105,921
497,965
132,511
5,187,196
85,162
3,772
828,300
913,462 5,183,424
427,926
11,929
992
217,304
229,233
426,934
875,442 3,086,077 10,318,822
66,604 10,385,426
2,210,635
5,970,443
120,242
5,970,443
293,745
413,987
10,338,159
280,352
614,849
895,201 10,338,159
9,723,230 2,341,712 12,064,942 30,995,936 2,185,231 33,181,167
95,854
4,971
19,280
95,854
14,309
3,723
10,480
10,480
3,723
146
146
133,305
174,169
133,305
2,052
176,221
334,806
43,712
92,950
186,943
291,094
279,893
46,964
46,964

T otal,........ 143,874,25218,217,880462,092,132 103,533,89147,494,525 121,028,416

S T A T IS T IC S O F C A L IC O P R IN T IN G .

Cotton goods printed in the United States, number o f factories, yards, and value.
States.
N ew Hampshire,..............................
Massachusetts,..................................
Rhode Island,....................................
New Y o rk ,...................................
New Jersey,.......................................
Pennsylvania,....................................
Maryland,............................. ............

Factories. Yds. per an.
2
10
9
7
2
4
2

5,546,667
38,162,667
26,624,000
12,202,667
6,101,334
8,874,667
2,600,000

36

100,112,002

Av. value.
13 cts.

u
a

9 cts.

ii

“
8 cts.

Tot. value.
$721,066
4,831,146
3,461,220
1,098,240
549,120
798,720
208,000
$11,667,512

There are no print works in any o f the other states.
S T A T E M E N T O F T H E C O M M E R C E O F N E W ORLEANS.
W e are enabled, by the politeness o f Mr. Samuel E . Moore, a respectable merchant
of N ew Orleans, to present our readers at this time, a view o f the commerce o f that
great commercial mart—-a city which has sprung up in the southwest with a popula­
tion o f 102,000, now in power and importance the third, perhaps, in the United States.
T he scope o f our magazine will enable us from time to time to exhibit the commercial
growth o f our most prominent cities, both at the east and the west, the north and the




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£

L iverpool,................................. 463262 297774 465183 333832 227017 245101 273113 216559
113
6
123
41
281
45
244
336
7390 16147 17077
7991 12601 13950
Glasgow and G reenock,........ 26603
8096
2459
48
2966
1237
1160
Cowes, Falmouth, & c .,......... 13575
156
676
4549
2139
702
1180
1220
206276
110609
112779
112410 106867 126505 88414 73030
H avre,.......................................
6581
2650
Bordeaux,.................................
1348
4407
6100
4137
2765
1541
7285
M arseilles,................................ 21953
6255
9110 16205
7585
6348
5119
5609
2070
5527
5268
6672
5017
3841
2612
N an tz,.......................................
80
753
4397
932
202
754
A m sterdam ,.............................
49
2130
238
50
359
Rotterdam and Ghent,...........
i()84
656
2495
Brem en,....................................
27
123
3039
398
926
7377
1598
2782
1122
153
5348
6912
310
3149
4330
1863
2538
5059
1176
H am burg,.................................
2994
343
947
553
1025
747
1186
1508
1225
4713
4300
1384
Spain and G ibraltar,..............
1323
1316
1615
30128
4259
2641
2050
14
512
75
7174
25652
7875 10239
3556
5588
902
233
1044
113
2117
922
N ew Y o rk ,............................... 47941 62691 39352 24734 29604 50978 15938 31497
Boston,...................................... 54367 49242 40271 38409 37084 42928 25947 28868
1474
4038
1607
1177
3204
3064 13651
Providence, Rhode Island,...
5223
6022
6482
6150
8526
Philadelphia,.............................
7428
7918
3368
7239
3111
3450
6148
2978
Baltimore,.................................
1128
989
1701
4743
5099
5369
4819
8044 11989
Portsmouth,..............................
8707
8209
4760
6189
4662
Other coastwise ports,............
4563
3781
2098
5741
3465
2478
982
1457
364

1830-31.

1831-32.

1832-33.

1833-34.

1834-35.

(c a

§ £
5

1835-36.

Whither Exported.

<£, tw

■P

1836-37.

Bales o f Cotton.

.so

bD “

1837-38.

O

1838-39.

> .g s

1839-40.

«4-l

193367 204132
66
6227 14821
3771
802
3553
63462 47446
1826
1045
10030
7895
2820
4104
370
392
226
70
1026
401
370
1870
2049
695
235
4562
602
4
1190
1794
53
24955 55737
25078 36327
4611 20709
4607 10607
1614
5750
5593
3343
520
363

£■< £<^
Total,.... 954191 580817 737186 594538 493005 534765 462253 407220 356406 424684




<o-cj

s!
so

Liverpool,.......................
Glasgow and Greenock,
Cowes, Falmouth, &c,
Cork, Belfast, & c ,........
H avre,............................

819

973
325
119
7

1831-32.

1832-33.

1833-34.

1834-34.

1835-36.

| 1836-37.

1837-38.

1838-39.

o S
s i

Whither Exported.

1839-40.

Hogsheads o f Tobacco.

•■s
§ ^

m
o

1

C*5
GO

3,937
3,725
' 37
871

2,757
3,579

2,003
1,609

3,059
6,647

2,006
2,953

1,913
1,348

1,189
1,422

1,490
346

2,631
637

3,695

5,492

5,786

1,379

4,851

2,264

6,612

2,863

1,455

2,858
504
1,781

2,386
320
699
312

445
654
38
61

333
10
1,107
10

168

20
10

506
70

58
200

100

138
5

Cette and R ouen,.........
Rotterdam and Ghent,
Brem en,..........................

Gottenburg,...................
Spain and Gibraltar,...
W est Indies,..................
Genoa, Trieste, & c .,..
Other foreign ports,. . .
New Y o r k ,....................
Boston,............................
Providence, R. I.,.........
Philadelphia,.................
Baltimore,......................
Other coastwise ports,.

1,029
681
3,024
6
95
326
5,597
1,047

1,254

224
1,251

2,035

3,320
713
674
342
1,282
1,327

7,185
3,219

206
576
939
3,024 1,982
636
791
563
598
186
315
7,846 10,072
2,816 2,599

612
4,207
3,510

2,764
520

1,335
296

1,652
664

1,346
647

292

225

576

670

32
674
299
1,287 2,457
1,011
704
'852
1,545 1,069
902
760
872
826
394
274
188
9,516 11,271
2,894 4,847
1
2,167 3,026
775
513
3,977

685

187
2,347
909
635
632
745
536
174
87
4,665
2,400

2,129
492
636
876
323
82
19

992
19

1,518
217

2,372

2,459

6,816
3,037

889
699
426
289
3,265 2,364
380
1,431 1,238
'757
'225
920 1,834
375
417
101
5
273
7,863 13,099
2,602 3,970
1
2,968 2,193
882
418
42
1,540 1,054

T otal,... 28,028 29,630 37,076 32,725 43,941 34,365 24,931 23,701 32,974 34,968

456

Commercial Statistics.
RECAPITULATION OF TOBACCO.

G r e a t B rita in ,
F ran ce,
N . o f E urope,
S . o f E urope,
C oa stw ise*

1831-32.

1832-33.

1833-34.

1834-35.

1835-36.

1836-37.

1837-38.

1838-38.

1899-40.

Hogsheads o f Tobacco.
Whither
Exported.

co

1
o
CO
00

1,792 8,570 10,031 9,104 15,492 6,338 8,113 4,875 8,448 6,131
306
35
451 1,555 5,143 3,717 1,198 1,460
576
258
5,161 2,539 2,973 6,344 5,942 4,262 4,610 4,320 7,157 4,815
6,644 4,448 3,366 3,180 1,980 1,962 1,455
424 1,401 2,524
13,980 12,518 15,563 10,380 19,329 20,343 10,448 14,047 15,392 21,240

T otal,... 28,028 29,630 37,076 32,725 43,941 34,365 24,931 23,701 32,974 34,968

3. Table, exhibiting the Exports o f Sugar from New Orleans for the last five years,
(1835 to 1840,) up the river excepted , from ls£ October to 30 th September, in each

year.
1839-40.

Whither Exported.

1838-39.

1837-38.

1836-37.

1835-3 6.

Hhds. Bbls Hhcls. Bbls Hhds. Bbls Hhds. Bbls Hhds. Bbls

N ew Y o r k ,..........................
Philadelphia,.......... ............
Charleston, S. C .................
Savannah,............................
Providence &. Bristol, R.I.
B oston ,.................................
Baltimore,............................
N orfolk,................................
R ichm ’d & Petersburg, Va
Alexandria, D. C ...............
M obile,.................................
Apalachicola & Pensacola,
Other ports,.........................

18893 598 9913 229 10966
75 11626
53
126
13
8629 134 4714 126 5425
5257
122
19
71
1583
88 1535
97 1573
1774 171 1066 149
722
30
670
404
81
450
90
20
12
29
3
3
951 327 1612 131
345
825
36
49
8192 325 5914 396 4418
4888 120
819 553
659
5
188
539
3
1923 179 1215
844 110
19
876
372
137
59
15
2194 315 1836 140 1229 234 1047 157 3997 513
944 1567
460 661
386 1219
229 1034
172 1453
269 1880
475 1174
232 1928
70 679
52 939

T ota l,........................ 45511 5978 29143 3011 26098 3662 27581 2269

5677 3138

4. Table, exhibiting the Exports o f Molasses from New Orleans for the last jive years,
(1835 to 1840,) up the river excepted , from 1«2 October to 30 th September, in each

year.
1839-40.

Whither Exported.
N ew Y ork,...................
Philadelphia,................
Charleston, S. C ..........
Savannah,....................
Providence & Bristol,
B oston,..........................
Baltimore,....................
N orfolk,........................
R ich’d & Petersburg,.
Alexandria, D. C .........
M obile,..........................
Apalach. & Pensacola,
Other ports,..................
T otal,................




1838-39.

1837-38.

1836-37.

1835-36.

Hhds. Bbls. Hhds. Bbls. Hhds. Bbls. Hhds. Bbls. Hhds. Bbls
3511 15179
962 3321
2844
117 1309
99 251
811 4463
1267 6042
50
971
89 1694
98
38 3867
51 1699
824
850

3884 4827 8012
782
786
692
591 3596
2844
1322
1174
383
162
696
328
227 1826
3552 1216 3553
391
770
765
236 1600
231
399
108
257
2609
2018
232 1553
15
906
1387 1528 1610 2474

5176 8846
337
403
246 3325
2887
52
155
727
281 3431
579
8 1670
368
3087
3 1304
223 1542

3831
16 1341
147 383

8937 42926 13115 20415 10144 27133

6326 28324

1012 9289

7584
173
863
182
273
456
1734

791 1693
935
326
237

128

314
27
202

Bank Statistics.

457

BANK STATISTICS.
S U S P E N S IO N O F S P E C IE P A Y M E N T S B Y B A N K S IN 1839.
On the 9th o f October, 1839, the United States Bank o f Pennsylvania commenced
a suspension o f specie payments ; and in this it was soon followed by most o f the banks
south and west o f the state o f N ew Y ork, and also by those o f Rhode Island.
T he following table, which is extracted from a letter o f the Secretary o f the Treasu­
ry o f the United States, dated January 8, 1840, contains a statement o f the number o f
banks in the several states, the number that suspended, the number that had not sus­
pended, & c., so far as had been ascertained.

Table o f Bank Suspension.

States and Territories.

Maine, ...................................
N ew Hampshire,..................
Vermont, ..............................
Massachusetts,......................

Number of Number of
Number of Number of
banks
of banks
banks
banks Number
Whole No which sus­ which
banks
which arc which have
sus­
of banks. pended en­ pended in which did broken or resumed
tirely in
specie pay­
part. not suspend discontinu­
1839.
ed.
ments.
58
28
21
134
63
36
198
32
70
9
34
6
25
10
14
40
8
19
29
21
6
43
14
7
1
17
2

15
2

FJorida,..................................
Wisconsin,.............................

9
5

8
4

1

Total, including branches,
Number o f branches,........

959
109

343

62

Total, without branches,

850

Connecticut,.........................
N ew Y o rk ,............................
New Jersey,....................... .
Pennsylvania,......................
Delaware,..............................
Maryland,..............................
District o f Colum bia,.........
Virginia,.................................
North Carolina,....................
South Carolina,....................
Georgia,...... ..........................
Alabama,...............................
Louisiana,..............................
Mississippi,............................
Tennessee,.............................
K en tu cky,............................
O h io,......................................
Indiana,.................................
Illinois,....................... ..........
Missouri,................................
M ichigan,..............................
Arkansas,.............................

3
i

54
27
18
121

3
13

35
190
5
4

1
4
*2
13

i

63
4
17
49
9
30
5
20
9
6
18
2
19
17
21
5
15

i

21

8
4

4
1
1
1
8
18

5
14

4

43

1
1

5

4
1

11

1

2

1
16

7

5
14

5
1

2

2

Territories.

* One not in operation, and one broken, & c.

1
498

56

48

t T w o partially, and one wholly.

P aris S avings Banks .— T he deposits in the Paris savings banks on the 20th and
21st September, amounted to 412,652f., and the sums withdrawn to l,178,000f. The
amount withdrawn consequently exceeded the amount deposited by 765,000f.
V O L.

III.

— NO. V .




58

458

Bank Statistics.
IN C R E A S E O F B A N K IN G IN T H E U N IT E D S T A T E S .

A Table, exhibiting the increase of Banks and Banking Capital in the United States,
from 1820 to 1830, and from 1830 to 1837.

Capital
authorized.

M aine,.................................. 15
N ew Hampshire,................ 10
1
Vermont,..............................
Massachusetts,................... 28
Rhode Island,..................... 30
8
C onnecticut,........................
N ew Y o rk ,.......................... 33
Pennsylvania,...................... 36
N ew jersey,........................ 14
Delaware,.............................
6
M aryland,............................ 14
District o f Columbia,......... 13
V irginia,..............................
4
3
North Carolina,.................
South Carolina,..................
5
Georgia,................................
4
Florida,.................................
Alabama,..............................
3
Louisiana,............................
4
Mississippi,..........................
1
T enn essee,..........................
8
K entucky,............................ 42
Illinois,.................................
2
Indiana,................................
2
Arkansas,.............................
Ohio,..................................... 20
M ichigan,.............................

1,654,900
1,005,276
44,955
10,485,700
2,982,026
3,689,337
18,988,774
14,681,780
2,130,949
974,900
6,708,131
5,525,319
5,212,192
2,964,887
4,475,000
3,401,510

307

Capital
authorized.

Capital
authorized.

1,454,386
100,000

59
23
20
138
64
31
98
50
26
4
28
7
4
3
8
14
9
3
15
11
3
4
2
1
2
32
17

5,535,000
2,663,308
2,200,000
40,830,000
9,100,581
8,519,308
37,303,400
59,658,482
7,575,000
1,197,175
29,175,000
3,500,000
6,711,300
2,600,000
10,358,318
8,209,967
9,800,000
14,458,969
54,000,000
21,400,000
5,600,000
9,264,640
2,800,000
1,980,000
3,500,000
12,900,000
7,500,000

110,192,268

677

378,320,268

18
18
10
66
47
13
37
33
18
5
13
9
4
3
5
9
1
2
4
1
1

2,050,000
1,791,670
432,625
20,320,000
6,118,397
4,485,177
20,083,353
14,610,333
2,017,009
830,000
6,250,495
3,875,794
5,571,100
3,195,000
4,631,000
4,203,029
75,000
643,503
5,665,980
950,000
737,817

2,797,469

11
1

102,210,611

329

469,112
2,597,420
900,900
2,119,782
8,807,331
140,910
202,857

No. of Bks.

States and Territories.

Jan . 1st, 1837.

J an 1st, 1830.

No. o f B k s.'

No. o f Bks.

J an. 1st, 1820.

Increase o f banks from 1820 to 1830, 22. Increase o f capital, $7,981,657.
Increase o f banks from 1830 to 1837, 347. Increase o f capital, $268,128,000.
BANK OF ENGLAND.
1.

Quarterly average of the weekly liabilities and assets o f the Bank of England, from
the 23 d o f Jane to the 11th o f September, 1840, both inclusive.
LIABILITIES.

ASSETS.

Circulation,............................£17,263,000
Deposits,................................
7,675,000

Securities,............................. £23,407,000
Bullion,..................................
4,453,000

.£24,938,000

£27,860,000

2. Deposits o f the London Bankers in the Bank o f England in the first fourteen weeks
o f the three years 1838, 1839, and 1840, and their several weekly averages.
1838.
1839.
1840.
£26,294,000
£11,422,000
£10,719,000
W eekly average,.................................
1,878,143
815,857
765,643
3. Deposits o f the Bank o f Ireland and Royal Bank of Scotland in the first fourteen
weeks of the three years, 1838, 1839, and 1840, with their several weekly averages.
1838.
1839.
1840.
£1,742,000
£1,795,000
£1,049,000
W eekly average,...................................
124,428
128,214
74,928




Commercial Regulations and Treaties.

459

COMMERCIAL REGULATIONS AND TREATIES.
T R E A T Y O F C O M M E R C E A N D N A V IG A T IO N ,
BETWEEN HIS MAJESTY THE EMPEROR OF AUSTRIA, AND THE UNITED STATES OF AMERICA.

His Majesty the Emperor o f Austria, King o f Hungary and Bohem ia; and the
United States o f America, equally animated with the desire o f maintaining the rela­
tions o f good understanding which have hitherto so happily subsisted between their
respective states, o f extending, also, and consolidating the commercial intercourse be­
tween them, and convinced that this object cannot better be accomplished than by
adopting the system for an entire freedom o f navigation, and a perfect reciprocity,
based upon principles o f equity equally beneficial to both countries, have, in conse­
quence, agreed to enter into negotiations for the conclusion o f a treaty o f commerce
and navigation ; for which purpose His Majesty the Emperor o f Austria has conferred
full powers on Lewis Baron de Lederer, His said Majesty’s Consul for the port of New
Y o r k ; and the President o f the United States has conferred like powers on Martin Van
Buren, their Secretary o f S ta te; and the said Plenipotentiaries having exchanged their
said full powers, found in good and due form, have concluded and signed the following
articles :
I. There shall be between the territories o f the high contracting parties a reciprocal
liberty o f commerce and navigation. T he inhabitants of their respective States shall
mutually have liberty to enter the ports, places, and rivers, o f the territories o f each
party, wherever foreign commerce is permitted. They shall be at liberty to sojourn
and reside in all parts whatsoever o f said territories, in order to attend to their com­
mercial affairs; and they shall enjoy, to that effect, the same security, protection, and
privileges, as natives o f the country wherein they reside, on condition of their sub­
mitting to the laws and ordinances there prevailing.
II. Austrian vessels arriving, either laden or in ballast, in the ports of the United
States o f America ; and reciprocally, vessels o f the United States arriving, either laden
or in ballast, in the ports o f the dominions o f Austria, shall be treated, on their en­
trance, during their stay, and at their departure, upon the same footing as national
vessels coming from the same place, with respect to the duties o f tonnage, lighthouses,
pilotage, and port charges, as well as to the fees and perquisites o f public officers; and
all other duties or charges o f whatever kind or denomination, levied in the name or to
the profit o f the government, the local authorities, or o f any private establishment
whatsoever.
III. A ll kinds o f merchandise and articles o f commerce, cither the produce o f the
soil, or the industry o f the United States o f America, or o f any other country, which
may be lawfully imported into the ports o f the dominions o f Austria, in Austrian ves­
sels, may also be so imported in vessels o f the United States o f America, without pay­
ing other or higher duties or charges, o f whatever kind or denomination, levied in the
name or to the profit o f the government, the local authorities, or o f any private esta­
blishment whatsoever, than if the same merchandise or produce had been imported in
Austrian vessels; and reciprocally, all kind o f merchandise and articles o f commerce,
either the produce o f the soil or o f the industry o f the dominions o f Austria, or of any
other country which may be lawfully imported into the ports o f the United States, in
vessels o f the said States, m ay also be so imported in Austrian vessels, without paying
other or higher duties or charges, o f whatever kind or denomination, levied in the name
or to the profit o f the government, the local authorities, or o f any private establishment
whatsoever, than if the same merchandise or produce had been imported in vessels o f
the United States o f America.




460

Commercial Regulations and Treaties.

IV . T o prevent the possibility o f any misunderstanding, it is hereby declared, that
the stipulations contained in the two preceding articles are, to their full extent, appli­
cable to Austrian vessels and their cargoes, arriving in the ports o f the United States
o f America ; and, reciprocally, to vessels o f the said States and their cargoes, arriving
in the ports o f the dominions o f Austria, whether the said vessels clear directly from the
ports o f the country to which they respectively belong, or from the ports o f any other
foreign country.
V . N o higher or other duties shall be imposed on the importation into the United
States, o f any article, the produce or manufacture o f the dominions o f A ustria; and no
higher or other duties shall be imposed on the importation into the dominions of Austria,
o f any article, the produce or manufacture o f the United States, than are, or shall be
payable on the like article, being the produce or manufacture o f any other foreign
coun try; nor shall any prohibition be imposed on the importation or exportation o f any
article, the produce or manufacture o f the United States, or o f the dominions o f Austria,
to or from the ports o f the United States, or to or from the ports o f the dominions of
Austria, which shall not equally extend to all other nations.
V I. A ll kinds o f merchandise and articles o f commerce, either the produce o f the
soil or o f the industry o f the United States o f America, or o f any other country, which
may be lawfully exported or re-exported from the ports o f the said United States, in
national vessels, m ay also be exported or re-exported therefrom in Austrian vessels,
without paying other or higher duties or charges o f whatever kind or denomination,
levied in the name or to the profit o f the government, the local authorities, or o f any
private establishments whatsoever, than if the same merchandise or produce had been
exported or re-exported in vessels o f the United States o f America.
A n exact reciprocity shall be observed in the ports o f the dominions o f Austria, so
that all kinds o f merchandise and articles o f commerce, either the produce of the soil
or o f the industry o f the said dominions o f Austria, or o f any other country, which may
be lawfully exported or re-exported from Austrian ports in national vessels, may also
be exported or re-exported therefrom in vessels o f the United States o f America, with­
out paying other or higher duties or charge^ o f whatever kind or denomination, levied
in the name or to the profit o f the government, the local authorities, or o f any private
establishments whatsoever, than if the same merchandise or produce had been exported
or re-exported in Austrian vessels.
A nd the same bounties and drawbacks shall be allowed, whether such exportation or
re-exportation be made in vessels o f the one party or o f the other.
V II. It is expressly understood and agreed that the coastwise-navigation of. both the
contracting parties is altogether excepted from the operation o f this treaty, and o f every
article thereof.
V III. N o priority or preference shall be given, directly or indirectly, by either o f the
contracting parties, nor by any company, corporation or agent, acting on their behalf,
or under their authority, in the purchase o f any article o f commerce, lawfully imported,
on account of, or in reference to, the character o f the vessel, whether it be of the one
party or o f the other, in which such article was imported ; it being the true intent and
meaning o f the contracting parties, that no distinction or difference whatever shall be
made in this respect.
IX . I f either party shall hereafter grant to any other nation any particular favor in
navigation or commerce, it shall immediately become common to the other party, freely
where it is freely granted to such other nation, or on yielding the same compensation,
when the grant is conditional.
X . T he two contracting parties hereby reciprocally grant to each other the liberty of
having, each in the ports o f the other, Consuls, Vice Consuls, Agents, and Commissa­




Commercial Regulations and Treaties.

461

ries, o f their own appointment, who shall enjoy the same privileges and powers as those
o f the most favored nations. But if any such consuls shall exercise commerce, they
shall be subjected to the same laws and usages to which the private individuals o f their
nation are subject in the same place, in respect o f their commercial transactions.
X I. T he citizens or subjects o f each party shall have power to dispose o f their personal goods, within the jurisdiction o f the other, by testament, donation, or otherwise ;
and their representatives, being citizens or subjects o f the other party, shall succeed to
their personal goods, whether by testament, or ab intestato, and may take possession
thereof, either by themselves or by others acting for them, and dispose o f the same at
their will, paying such dues, taxes, or charges, only, as the inhabitants o f the country
wherein the said goods are, shall be subject to pay in like cases. And in case o f the
absence o f the representative, such care shall be taken o f the said goods as would be
taken o f the goods o f a native in like case, until the lawful owner may take measures
for receiving them.

A nd if any question should arise among several claimants, to which

o f them said goods belong, the same shall be decided finally by the laws and Judges of
the land wherein the said goods are. But this article shall not derogate, in any man­
ner, from the force o f the laws already published, or hereafter to be published, by His
Majesty the Emperor o f Austria, to prevent the emigration o f his subjects.
X II . T he present treaty shall continue in force for ten years, counting from the day
o f the exchange o f the ratification ; and, if twelve months before the expiration o f .that
period, neither o f the high contracting parties shall have announced, by an official noti­
fication to the other, its intention to arrest the operation o f said treaty, it shall remain
binding for one year beyond that time and so on, until the expiration o f the twelve
months, which will follow a similar notification, whatever the time at which .it may
take place.
X II I . This treaty shall be approved and ratified by His Majesty the Emperor o f
Austria, and by the President o f the United States o f America, by and with the advice
and consent o f the Senate thereof; and the ratifications shall be exchanged in the City
o f Washington, within twelve months from the date o f the signature hereof, or sooner
if possible.
In faith whereof the respective Plenipotentiaries have signed and sealed this treaty,
both in the English and German languages, declaring, however, that, it having been
originally composed in the former, the English version is to decide the interpretation,
should any difference in regard to it unfortunately arise.
Done in triplicate, at Washington, this twenty-seventh day o f August, in the year o f
our Lord one thousand eight hundred and twenty-nine.
[L. S.]
[L . S.]

L. B A R O N D E L E D E R E R .
M. VAN BUREN.

R E G U L A T IO N S R E L A T IN G T O W H A L E SH IPS A T C A L IF O R N IA .
M anuel J imeno C asaiun, first member o f the Legislation o f California, and acting

Governor o f the same.
F or the fulfilment o f all parts o f the law, regulated and intended, to prevent the disembarcation o f persons who cannot present a passport or give security, particularly
crews belonging to whale ships, I command the following articles to be most scrupu­
lously attended to.
1st. That no individual belonging to a whale ship’ s crew, shall stay on shore after
sunset, without previous permission having been granted, for a just cause, by the Justice
of the Peace in this port.
2d. T hat for non-compliance with the foregoing article, any person, so offending, shall
be fined twenty dollars, and in case o f inability to pay the fine aforesaid to the Justice




462

Mercantile Miscellanies.

o f the Peace, he shall be imprisoned and remain under confinement all the time the
vessel lays in this port.
3d. I f any person belonging to a vessel’s crew should desert and hide himself in the
woods or farms, he shall be sought for, and on finding him, he shall be sentenced to the
public works until such time as a vessel can be found to take him o ff the coast.
A nd that no person may allege ignorance as an excuse for having broken any o f the
foregoing articles, I desire that the commanders and the officers o f all vessels in port,
will instruct their crews to the foregoing effect.
Given in Monterey, the 16th August, 1839.
M A N U E L JIM E N O C A S A R IN .

MERCANTILE MISCELLANIES.
IM P O R T A T IO N S O F S P E R M W H A L E O IL .
Samuel H . Jenks, Esq., the able and industrious editor o f the Nantucket Enquirer,
publishes in the columns o f that paper monthly, a tabular view o f the American whale
fishery, comprehending alphabetical lists o f all the ships and other square-rigged vessels
engaged in that pursuit, from the various ports in the United States; the dates o f the
last advices received; the port, or other place on the globe, at which each vessel was
known to b e ; and the quantity o f oil, estimated in barrels, obtained by each respect­
ively. W e have compiled from this table an abstract o f the amount o f oil imported into
the United States in the month o f September, exhibiting the ports at which the vessels
arrived; the number o f ships, brigs, schooners, and other square-rigged vessels to each
p o rt; the number o f barrels o f sperm and whale oil, & c.

Port.
To
“
“
“
“
“
“
“
“
“
“

Rig.

N ew Bedford,
Edgartown,
Nantucket,
Stonington,
Fall River,
Salem,
Bristol,
Sagharbor,
Provincetown,
Hudson,
N ew York,

Barrels Sperm.

5 ships,
1 ship,
1 ship, 1 schooner,
1 ship,
1 do.
1 do.
1 brig,
1 ship,
3 brigs,
1 ship,
1 ship,

5,700
700

2,200
600
340
380
160

Barrels Whale
2,300

2,200
100
2,000
1,560
1,450

200

1,700

1,950
300
250

2,950

1,200

Total number o f barrels,
12,580
13,760
Equal to 396,270 gallons sperm, and 433,440 gallons whale oil.
W e propose to publish in a subsequent number o f the Merchants’ Magazine, a com­
plete list o f the names o f all the vessels, their tonnage, the ports to which they belong,
and the names o f the managing owners.
A M E R IC A N F U R C O M P A N Y .
W e gave in the September number o f the Merchants’ Magazine an outline o f the
progress o f the American fur trade in this country, as well as its general features in the
northern part o f our continent. It appears by the St. Louis (Missouri) Gazette, that
the American Fur Company have, within the last year, erected a large and substantial
building in that city, as a storehouse for tbeir furs and peltries. T he value o f the furs
and peltries obtained by the company in 1839-40, consisting o f beaver, buffalo, otter,
deer skins, & c., is stated at $250,000. The;r operations have been very m uch circum­
scribed recently, on the west, by the Hudson B ay Company, who possess the great ad­
vantage o f introducing the goods required for carrying on the trade free o f duty.




Mercantile Library Association.

463

About three years since, the American Fur Company underwent an expedition to the
R ocky Mountains, and sustained a loss o f sixty thousand dollars, from their inability to
compete with the Hudson Bay Company, for the reason before stated. The branch
of the latter company, in the Columbia, has obtained the present season one hundred
packs o f beaver, worth at least $4 0,00 0; two thirds o f which has been taken on the
territory claimed by the United States. W ith this competition, the American Com ­
pany have found it necessary to confine their trade to the Missouri river and its tribu­
taries, leaving the uncontrolled possessions o f the R ocky Mountains and the Oregon
territory to the English company.
T he Hudson Bay Company now extend their trade on the west side of the mountains,
even to within fifty days’ travel from St. Louis.

M any o f the fur hunters, who were

formerly in the employ o f the Americans have found it necessary to apply for employ­
ment to the British company. This business is o f too much importance to the pro­
ductive industry o f the country to be lost, and the protective arm o f the nation should
be extended to those engaged in it.

MERCANTILE LIBRARY ASSOCIATION.
C O U R SE O F L E C T U R E S F O R 1840-41.
W e are enabled to present to our readers a syllabus o f the annual course o f Lectures
of the Mercantile Library Association o f N ew Y ork. From the interest o f the topics
selected, and the well-known character o f many o f the lecturers, it is believed that the
series will afford a rich repast to the friends o f this noble institution.

The introductory

address, by Philip Hone, Esq., one o f its early friends, will, we understand, embrace
an historical account o f the rise and progress o f the Association ; and when we con­
sider the importance to which it has already grown, and the intelligence and moral in­
fluence that it has exerted within the large circle embraced by our mercantile class, we
cannot but believe that his efforts will unfold matter o f uncommon practical value.
Nor should we here omit to mention the obligations due from the Association to its offi­
cers. Mr. Augustus E . Silliman, the president, has been indefatigable in his exertions
to promote the interests o f the institution, aided by the pains-taking enterprise o f the
Board o f Directors; and the Lecture Committee, with Mr. Morrison at its head, have
exercised their best judgment in performing the duties within their own peculiar de­
partment. A valuable feature o f the institution is, that it is designed to advance no
sectarian or political objects, but that all its efforts are directed to elevate the standard
o f morals and mind in the great commercial mart o f the country. In its spacious and
elegant rooms and extensive library, the young men o f the city o f N ew Y ork may find
ample means o f improving occupation, and even o f amusement, without resorting to
those haunts o f dissipation which throng our large cities, whose only tendency is to de­
stroy the constitution and to sink the man.
T he annual course o f lectures o f the Mercantile Library Association will commence
on Wednesday, November 17th.
T he Introductory Lecture— B y Philip Hone, Esq.
T w o Lectures— On the Antiquities o f America— By Hon. Gabriel Furman.
Three Lectures— On Anatomy, with the Anatomical Figure constructed by Dr. Auzoux, o f Paris.—Heart and Circulation of the Blood; Digestion; The Brain and Ner­
vous System.— By Dr. Gunning S. Bedford.
T w o Lectures— On History, and the best way o f studying it, with some select ex­
amples o f its connection with English Poetry— By the Rev. Samuel H. Cox, D. D.
T w o Lectures— On the Literature o f the A ge o f Elizabeth— By Isaac S. Hone, Esq.
One Lecture— T he Reign o f Louis X IV .— By Theodore Sedgwick, Esq.




464

Mercantile Library Association.

One Lecture— On the importance o f a general diffusion o f knowledge in the United
States, and the means o f its accomplishment— B y Professor Daniel Haskell.
One Lecture— On the Progress and Influence o f American Steam Navigation— By
James H . Lanman, Esq.
T w o Lectures— On the Formation o f Opinions— B y the Rev. Henry W . Bellows.
T w o Lectures— On M exico— On the Influence o f Commerce upon Character— By
J. L. Hopkins McCracken, Esq.
One Lecture— On the Commerce o f the Ancients— B y Benjamin D. Silliman, Esq.
One Lecture— T he State Debts o f the United States, with their Resources— By
John Duer, Esq. (This lecture will be free.)
One Lecture— The Reformation; its natural causes, and its influence on civiliza­
tion— By Matthew C. Patterson.
One Lecture— B y the Hon. William Inglis.
One Lecture— A n Essay upon the History and Character o f the Aboriginal Inhabit­
ants o f North America— B y J. Prescott Hall, Esq.
One Lecture— B y the Rev. Edward Y . Higbee.
One Lecture— On the Merchants o f the time o f Elizabeth— B y Thomas W . T uck­
er, Esq.
T w o Lectures— On the Doctrine o f Chances.— Mathematical Formula ; Life Annui­
ties ; Games o f Hazard; Life Insurance, <J*c.— B y Samuel W ard, Esq.

D O N A T IO N S T O T H E M E R C A N T IL E L IB R A R Y A S S O C IA T IO N .
T he Board o f Directors o f the Mercantile Library Association o f N ew Y ork, take
pleasure in acknowledging the receipt o f the following donations:

O f Books— from James F. A uchincloss; George G. K in g ; and from Charles Hoyt,
Esq., in three volumes, the “ Galarie du Palais R oy ale, Gravde d’aprbs les Tableaux des
differentes ecoles qui la com posem ; avec un abregd de la Vie les Peintrez, &. une de­
scription historique de chaque tableau, pat M. l’Abbd de Fontenai. Dedide Monseign­
eur le Due d’Orleans, Premier Prince du Sang.

Par J. Couchd, graveur de son cabinet.

A Paris : 1786.”

Also, an Oil Painting from the same gentleman.
To the Cabinet.— O f a case o f Mineralogical Specimens, from George A . Sackett,

Esq., o f Sacketts Harbor, through A . G. Zabriskie. O f a box o f Minerals, from C.
Colden Hoffman. O f a specimen o f Iron Ore from Dutchess county, N . Y ., from E.
C. Bramhall. O f a specimen o f Green Marble from Nortli Carolina, from John N.
Brenners. O f a large collection o f Shells, from George D. Baldwin. O f a Cannon
Ball, a revolutionary relic, from J. G. Barker. O f a number o f Shells, being a coin in­
troduced into the Siamese Empire by foreigners, and current in that country, about
seven hundred o f which are equal to our penny; also, a small Silver Coin used in that
country, together with an original Bust o f Dr. Gall,— all from C. Colden Hoffman, Esq.
O f Statuary.— “ T he Graces,” from A . E . Silliman; and a superb collossal statue of
the Minerva Medica, from the National Academ y o f Design, accompanied by the fol­
lowing letter:—

To the President, Officers, and Members of the Mercantile Library Association:
G entlemen ,— W e have been deputed by the Council o f the National Academ y of
Design, to present to you, in behalf o f the Academy, the statue o f the Minerva Medica.
The original statue from which it is a cast, is one o f the celebrated collection o f the
Vatican. W e request your acceptance o f it a,s a slight but inadequate proof o f the
friendly feeling which exists in the Academ y towards the Mercantile Library Associa­
tion, a feeling engendered by years o f harmonious intercourse beneath the same roof.
Wishing you, gentlemen, continued success in the career you have so well begun,
W e remain,
W ith the highest consideration,
Y ou r obedient servants,
S am’ l F. B. M orse,
) Committee of
T homas S. C ummings, \ the Council
N ational A cademy R ooms, B roadway , £

N ew York, Aug. 31st, 1840.




£