ciple in the laws of contracts; that the law, in respect to agreements, should maintain equality; and that these simple, yet most important, principles should be universal, 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 mankind 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 temptation 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 circumstanced, 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 principle 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. 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 famine in Europe. 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. Years. U. Kingdom. Cowes and a market. France. Tobacco. Stems. Tobacco. Tobacco. Stems. Tobac. Stems. Bremen. Holland. Tobacco. 1838..... 12,321 1,170 .... 4,743 1,115 1840..... 1841 1,504 1842.... 4,573 1843..... 11,424 1,075 1,935 3,810 689 5,407 627 81 Inspected. Stock. 20,828 2,036 18,729 4,031 27,195 2,189 58,186 13,829 .... 34,442 6,074 32,765 3,245 52,156 11,100 136 13,420 63 20,494 2,687 1845..... 1,019 2,354 17,704 3,182 51,113 22,050 21,045 2,680 16,560 5,488 51,726 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, 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 American 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 exportation from the port of Havana during the first six months of the last twelve years, we take the articles of sugar, coffee, and tobacco, and compile the following 465 Cowes, 48 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: Tobacco. Tobacco. 1846. 1847. 1846. 1847. 1846. 1847. 1846. 1847. 16,625 ....... 12,511 630 1,804 104,172 Baltic, Hamb. & Bremen, 41,954 30,586 877,021 249,408 513,318 401,302 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 30th of June, sugar has increased 106,912 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 observable 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 have 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 in crease." 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. Exports of Tea fron China to the United States, for the seasons of 1846-7 and 2,796 Candles, boxes, 260 17 Specie, dollars, 33,433 Total Exports of Tea from Canton, for the seasons of 1846-7 and 1845-6, to the [Towns, France, To Gt. Britain, 53,448,339 57,622,803 To Hanseatic United States, 18,886,287 18,502,092 Including the Mary Ellen, lost in Gaspar Straits, cargo 716,110 pounds. |