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ciple in the laws of contracts; that the law, in respect to agreements, should main. tain equality; and that these simple, yet most important, principles should be uni. versal, and applicable to all contracts of every kind. That it is practical, we have seen from our reference to the law of insurance; that it is reasonable and just, we think none will deny.

The rule that the buyer must take the risk of his purchase, except when there is an express warranty, or some positive fraud practiced upon him, is certainly not founded in reason. The law of sales is, in fact, of the greatest importance in every community, and, probably, affects more directly the great mass of man. kind than any one law known to our system. Hence, it is vastly important that its rules should be founded in principle and well settled.

Other laws touch the concerns and business of life but now and then—but in contracts of sale and exchange, the law governing them is in constant operation. As a general rule, the vendor of a commodity knows as well the value and quality of his property as he does his title to it; why, then, should he not be responsible if the commodity sold is not such as the bargain plainly indicates it was understood and believed to be by the buyer ? If this rule prevailed, every tempo tation to overreach, or perpetrate a fraud, would be cut off. In case of a fraud, the penalty would then fall on the right person. As the rule now stands, the burthen of proving a fraud rests on the buyer—a sort of penalty for his want of vigilance and scrutiny at the time of making his bargain. This may often be difficult and often times impossible to prove. But under the rule contended for, let the fact of any defect, existing at the time of sale, in the commodity, be prima facie evidence against the vendor, and we hazard nothing in saying that ninetenths of the litigation and strife that now disturbs the community, would be done away with. It may be answered, that cases may occur in which it would be as difficult to the vendor to know the quality or value of his property as it would to the vendee. Granted: and there is no doubt that, in very many transactions, such would be the case. But how easy would it be for every vendor thus cir. cumstanced, to protect himself from any responsibility, by stating the fact, and provide, in his agreement, against the liability which it is but reasonable, if not so provided against, that he should incur. Such, in general terms, is the princi. ple we desire to see established. · It has not been our purpose to extend our views at much length in support of the principles here enunciated. We may again avail ourselves of the pages of the WESTERN JOURNAL for the further consideration of this interesting, and as we think, important subject.

COMMERCIAL STATISTICS.

A table of Imports and Exports of the United States, from the year 1791 to 1847,

inclusive; together with the excess of Imports or Exports for each year, and the nett revenue accruing from Imports during the same period. .

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Yearı. 1791 1792 1793 1794 1796 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1803 1809 1810 1811 1812 1813 1814 1816 1816 1817 1818 1819 1820 1821 1822 1823 1824 1826 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1944 1846 1846 1847

- 6,850,997

Excess
of imports.
$32,987,969
10,746,902
4,990,428
1,573,767
21,766,796

14,372,067
• 18,629,200

7,024,603

402,626

280,988 17,247,586 3,850.173 8,869,633 7,300,926 24,433,979 27,463,037 29,656,850 34,559,040

7,196,769 18,642,046 38,502,764 ..6,037,553 60,483,521 65,182,648 11,578,431 28,468,567 16,982,479 4,758,331

Imports, $62,000,000

31,600,000 31,100,000 34,600,000 69,756,268 81,436,164 76,379,406 68,651,700 79.068,148 91,252,768 111,363,511

76,333,333 64.666,666

85 00,000 120,000,000 129,000,000 138,000,000 66,990,000 69,400,000 85,400,000 63,400,000 77,030,000 22,005,000 12,965,000 113,041,274 147,103,000

99,250,000 121,750,000 87,125,000 74,450,000 62,685,724 82,241,641 77,579,267 80,549,007 96,340,075 84,974,477 79, 484,068 88,509,824 74,492,227

70,876,920 103,191,124 101,039,266 108,181,311 126,521,332 149,895,742 189,980,036 140,989,217 113,717,404 162,092,132 107, 141,519 127,946,477 100,162,087 64,763,799 108,435,035 117,254 669 121,691,797 146,645,636

Exports.
$19,012,011

20,753,098

25,109,572 . 33,026,233

47,989,472 67,064,197 56,850, 206 61,527,097 78,665,522 70 971,780 94,115,225 72,483,160 65,800,033 77,699,074 95,566,021 101,536,963 108,343,150 22,430,960 52.203,231 66,757,974 61,316,831 38,527,236 27,855,997

6,927,441 52,597,753 81,920,452 87,671,569 93,281,133 70.142,521 69,691,669 64,974 382 72,160.281 74,699,030 75,986,657 99,535 388 77,695,322 82,324,327 72,264,686 72,356,671 73,819,508 81,310,553 87,176,943 90,140,433 104,337,972 121,693,577 128,663,040 117,419,376 108,486,616 121,028,416 132,085,946 121,851,803 104,691,534 84,446,480 111,200,046 114,646,606 113,488,616 168,648,622

Nett revenue
from imports.

$4,399,473
3,443,070
4,265,306
4,801,066
5.688.461
6,567,967
7,519,649
7,100,061
6,610,449
8,080,932
10,750,779
12,438,236
10,479,417
11,098 666
12,936,487
14,667.698
15,845.621
16,393,650

7,296,020 8,583,309 13,313,222

8,958,777 13,224,623 6,998,772

7,282,942 36,306,874 26,283,348 17,176.385 20.283,608 16,005,612 15,155.418 21,219,116 17,717.830 20,215,059 25,397 904 18,997,478 22,378,056 24,890,337 22,296,512 22,833,573 30,312,851 21,488 896 14,797,782 13,458,111 21,562,272 26,325,839 13,315 129 16,373,238 20,660,439 10,159,339 15,516,589 12,78,173

6.132 272 26,183,670 27,528,112 26,712,666 23,747,064

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10,081,260
2,880,237
4,562,350
7,379,155

3,195,313
2,840,759

16,246,138
2,133,850

2,992,688

21,880,541

3,852,323 18,040,778 22,194,360 28,202,165 61,316,995 23,469,841

5,230,788 41,063,716

24,944,427

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4.529,447 19,582,681 2,715,001 2,607,958 12,102,986

8,203,181

•The commercial year of 1843 consisted of only nine months, and the fiscal year of only six months. This will account for the diminished imports and exports of that year. It is also worthy of remark, that the fiscal year of 1843 not only consisted of but six months, but of those six months in which the imports are generally the least; and hence the great fall. ing off of the revenue. The facts above stated arose from the change of the commercial and fiscal year. The increased export of 1847 arises from the famige in Europe.

750

A STATEMENT showing the quantity of Tobacco inspected in Virginia from

1838 to 1847, the quantity exported, and the foreign markets to which it was shipped ; the stock left on the first of October of each year; likewise, the quantity of stems shipped during the same period, and the foreign markets to which they were shipped.

V. Kingdom. Cowes and a market. France. Bremen. Holland. Years

Tobacco, Tobacco. Stems. Tobacco. Tobacco. Stems. Tobac. Stems. 1838.... 12,321

1,170

4,743 616 1,908 319 128 1839...

13,350 2,463 738 1,115 236 2,317 1,236 919 1840.....

12,228
1,064

6,268 1,158 876 3,828 1,177 1841 .... 16,563 2,785

7,395 1,504 3,843 2,497 2,013 1842....

10,625

2,818 556 3,747 4,573 2,294 7,637 895 . 1843... 11,424 6,400

4,098 3,013 1,643 6,975 321 1844....

6,961
1,075

605
5,168 1,935 3,810

689 1845... 6,525

4,542 1,422 2,622 1,842 660 1846 11,045

1,623 1,055) 2,458 2,092 222 1847..... 6,453

5,333 844 6,407 627 81 STATEMENT-Continued. Antwerp. Italy, Spain, etc. Total Shipped. Inspected. Stock. Years. Tobac. Stems. Tobac. Stems. Tobacco. Stems. Tobacco. Tobacco. 1838.... 925 ... 734

20,828 2,036 44,845 12,397 1839..... 329 67 ...

18,729 4,031 28,502 4,896 1840... 2,028 136 1,621

27,196 2,189 68,186 13,829 1841 .... 2,026 218 1,672

34,442 6,074 66,141 8,719 1842... 1,828 ... 1,515

32,765 3,245 52,156 11,100 1843.... 4,814'' .... 512 136 36,236 2,000 56,788 13,420 1844.... 1,817 ... 1,061

20,494 2,687 45,886 14,363 1845.... 1,019

2,354

17,704 3,182 61,113 22,060 1846. i 1,698 2,182

21,045 2,680 42,679 19,060 1847..... 774 ... 3,629

16,560 6,488 61,726 18,127 Comparative Receipts, Exports to foreign ports, and stock of the Maryland and

Ohio Tobacco Crop, and also the Kentucky, Missouri and Tennessee crops, for the years 1846 and 1847, . MARYLAND AND OH10.

KENTUCKY, ETC. Years Receipts. Exported. Stock. Years. Receipts. Exported. Stock. Hhds. Hhds, Hhds.

Hhds. Huds. Hhds. 1846 .... 65,461 36,777 34,029 1846.... 72,896 62,045 17,046 1847.... 37,600 37,678 32,596 1847..... 65,588 60,376 22,336

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412

TRADE AND COMMERCE OF HAVANA. The following particulars of the commerce of Havana, for the first six months of 1847, as compared with the same time in 1846, is derived from “ Diario de la Marina,” of July 16th, 1847 :

The number of vessels entered Havana, during the first six months of 1846, was 824. Of these, 316 were Spanish, and 508 foreign; during the same time, this year, the number was 1,085, of which 272 were Spanish, and 813 foreign. The number of vessels cleared the first six months of 1846, was 821, of which 307 were Spanish, and 514 foreign ; same period, this year, 1,085, of which 267 were Spanish, and 828 foreign. Of this increase in foreign vessels, the Ameri. can flag had the largest number, in consequence of the great importation this year of the productions of the United States - From the table giving a comparative statement of products registered for er portation from the port of Havana during the first six months of the last twelve

Sugar.

6

France,

years, we take the articles of sugar, coffee, and tobacco, and compile the following table for only the last five years:

1843. . . 1814. 1845. 1846. '1847. Sugar, boxes, 310,788 390,110 157,389 319,9601 426,873 Coffee, arrobas, 575,670 523,321 140,383 101,025 294,166 Tobacco, manufac. 68,673 84,451 63,840 80,6021 94,048 Tobacco, leaf, 899,349 866,949. 572,662 2,003,450 754,503 • Another table gives a comparative statement of the exportation from Havana to different ports, during the first six months of 1840 and 1847. We take only the articles of sugar, coffee and tobacco:

Coffee.
Tobacco.

Tobacco.
Ports. .
Boxes.
Arrobas.
Manufactured.

Leaf. 1846. 1847. 1846. 1847. 1846. 1847. 1846. 1847. Spain,

74,969 50,466 21.698 23,087 4,654 17,652 474,314 144,402 United States, 52,960 110,532 36,633 68,323 23,483 15,044 407,152 163,191 England,

2,369 67,911 4 65 1,298 11,103 12,511 104,172 16,625 Cowes,

83,303 62,489 48 2,836 6 30 1,804 6,933 ...... Baltic, 6,825 24,710

1,356 181 .... ...... Hamb. & Bremen, 41,954 30,586 944 21,286 5,801 9,971 877,021 249,408 Holland,

6,956 16,569 12 146 766 1,350 26,100 ...... Belgium, 8,840 17,370

16 1,278 1,679 7,500 7,875 16,973 13.437 13,944 97,764 19,981 19,588 60,872 131,000 Trieste & Venice, 8,464 8,796 14,821 47,830 360 5,513 ... 1,102 Itaiy,

6,883 3,947 800 8,282, 1,588 653 9,358 ..... Other ports, 6,131 6,489 1,559 11,331 2,620 2,162 61,644 6,690

Total ...... 613,318 401,302 95,530 282,201 75,620 88,208 2,016,066 720,293 We give the substance of the Diario's article, which refers to the above exports:

“From the first statement, it appears that, in the six months ending the 301h of June, sugar bas increased 106,9124 boxes over the same period, last year, and 36,763 boxes over that of 1844, which was the year of greatest production and exportation, thus proving that the crop ought to be abundant. The exportation of this product, as appears from the totals in the second statement, conforms with the entry, 87,984 boxes more having been shipped, than in the first six months of last year. In the distribution of the exports, we see that an excess over those of last year, of 57,572 boxes, has gone to the United States; of 55,542 to England; of 18,185 to the Baltic; of 9,613 to Holland; of 7,530 to Belgium ; of 332 to Trieste and Venice; of 1,358 to various ports, The exports to Spain have fallen off 24,494 boxes; to Cowes, 20,814; to Hamburgh and Bremen, 11,368; to France, 2,536 ; and to Italy, 2,936. The diminution in the exports of sugars to the peninsula, is not to be wondered at, since the same thing is olservable in the maratime movements of our national vessels, and the causes, of which we have before spoken, are known. The falling off at Cowes, is made up in the very considerable increase of direct shipments to England and the Baltic. Besides, the peculiar circumstances in which, until now, Europe has been placed, must bave had an influence on trade in general, and we could not hope to be an exception, although, in truth, we cannot complain, since, fortunately, the United States, by the modification of the tariff, and on account of the diminution of the crop of Louisiana, have taken from us much, while we have

imported more of their productions. Recurring, however, to the total exportation, we will add to those of Havana the sugars which have been shipped in the same six months from Matanzas and Trinidad.' From Havana, the number of boxes was 401,302; from Matanzas, 269,325 7-8; from Trinidad, 34,534 1-2--in all, 705,162 3-8 boxes. Although we have the returns of only the first three months from Cienfuegos, we may yet add to the above, the 17,540 boxes shipped thence in that time, making the exportation, so far as we have information, to this time, already reach 722,702 boxes.

“ As with sugars, so with coffee exported hence; the increase of the latter over the first six months of last year, being 186,671 arrobas. Tobacco, in the leaf, appears to have had an extraordinary falling off in exportation-being no less than 1,295,773 pounds, while in the manufactured article there has been an increase.”

.... COMMERCE OF THE UNITED STATES WITH CHINA.

The annexed statements of the commerce of China with the United States, for the year ending June 30th, 1847, are derived from the “ European Times :">

Imports into China, from the U. States, from July 1, 1846, to June 30, 1847. Blue drills, pcs 3,300 Yarn, piculs, 2,943 Flour, barrels, '. 800 Brown drills, 460,830 Lead,

4,855 Bread, pounds, 18,903 Brown jeans, 46,740 Copper,

79 Beef, barrels,

229 Brown sheetings, 33,218 Speller,

555 Pork,

70 White drills, 4,697 Cochineal, ceroons 114 Furs,

10,527 Brown twills, 286 Ginseng, piculs 2,796 Candles, boxes, 260 Shirtings,

251 Opium, chests, 17 Specie, dollars, 33,433 Exports of Tea fron China to the United States, for the seasons of 1846-7 and

1845-6. 1846-7. 1845-6.1

1816-7. . 1845-6. Pounds. Pounds.

Pounds. Pounds. Congou and Sou

Twanky and Hya chong, 3,146,126 3,064,160 son Skin, 2,770,705 2,588,776 Pouchong, , 372,736 946,378 Young Hyeon, 8,572,181 8,633,731 Oolong,

685,695 220,294 Imperial, . 983,836 854,043 Pekoe,

120,398 35,435 Gunpowder, 1,307,017 1,253,709 Orange Pekoe, 173,350 Hyson,

754,243 905,566 Total* 18,886,287 18,502,092 Total Exports of Tea from Canton, for the seasons of 1846-7 and 1845-6, to the

following countries: 1846-7. 1845-6.1

1846-7. 1845-6. Pounds. Pounds.

Pounds. Pounds. To Gt. Britain, 53,448,339 57,622,803 To Hanseatic

United States, 18,886,287 18,502,092 [Towns,. 1,071,560 1,383,252 Holland, 3,054,540 3,054,1301 France,

226,790 364,580

Including the Mary Ellen, lost in Gaspar Straits, cargo 716,110 pounds.

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