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1811.]

COUNTING VOTES FOR PRESIDENT AND VICE PRESIDENT OF U. S.

in opening and delivering to the tellers the votes of all the States.

The superscription on the envelope and the certificate of votes of the Electors, together with every paper contained within the same, were read throughout by one or other of the

tellers, taking it alternately, the teller on the part of the Senate having commenced with the State of Maine.

The tellers having read, counted, and made duplicate lists of the votes, which lists they compared with each other, and being found to agree, they were delivered to the Vice President, by whom they were read to the joint meeting, and are as follows:

117

The Vice President then announced the result to the joint meeting, and, in compliance with the law of March 1, 1792, and the resolution of the two Houses of the 2d instant, made the following declaration :

Ohio, having a majority of the whole number of votes of "I do declare that WILLIAM HENRY HARRISON, of

States for President, is duly elected President of the United States for four years, commencing with the 4th day of March, in the year 1841.

the Electors of President and Vice President of the United

"And I do further declare that JoHN TYLER, of Virginia, having a majority of the whole number of votes of the

List of Votes for President and Vice President of the Electors of President and Vice President of the United United States for four years, commencing

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March 4, 1841.

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10

10

7

New Hampshire

14

Massachusetts...

14

...

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States for Vice President, is duly elected Vice President of the United States for four years, commencing with the 4th day of March, in the year 1841."

The Vice President then announced that, as the business for which the two Houses of Congress had assembled in joint meeting had been gone through with, he declared the meeting dissolved; and, thereupon,

The Senate withdrew in the order in which it had entered the Hall; the Principal Clerk bearing the votes of the Electors, and one of the lists, to the Senate Chamber, to be deposited with the archives of that body.

Whilst the Senate was retiring from the Hall, the Speaker and members of the House remained standing.

The Senate being withdrawn, the Speaker took his chair, and the House resumed its session; and

Mr. Cushing, from the joint committee appointed on the 2d inst, submitted the following resolution as an additional report from that committee:

Resolved, That a committee of two members of the House of Representatives be appointed by the House to join a committee of one member of the Senate to wait on WILLIAM HENRY HARRISON, of Ohio, and to notify him that he has been duly elected President of the United States for four years, commencing with the 4th day of March, 1841.

The resolution was read and adopted; and

The House at 4 o'clock P. M., adjourned until to-morrow, at 11 o'clock.

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294

148

Virginia,

North Carolina,

Of which, for President.

William Henry Harrison, of Ohio, received Martin Van Buren, of New York, received

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234

Georgia,

60

Kentucky,

Tennessee,

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M. M. Dye. John Payne. Allen A. Hall. R. C. Langdon. Cyprian Dupre. Alexander Mc Clung. Marston G. Clark, Mr. Koerner.

Mr. Marrast.

F. H. Martin.

Samuel L. Rutherford. Thomas J. Drake.

118

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Imports and Exports--New York.

The following statement of imports and exports of New Candles, sperm York, we have compiled from the monthly tables published Tallow by the Shipping and Commercial List for the last pared with 1839.

Butter

firkins

14,076

3,132

boxes

8,118

5,240

boxes

6,330

4,080

year, com

Cassia
Cheese

matts and cases

16,820

5,386

casks

620

169

boxes

8,707

4,776

Imports into New York, 1839-40.

Clover-seed
Cochineal

tierces

229

17

ceroons

799

1,135

1840.

1839.

Cocoa

bags

10,148

6,630

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274,609 Coffee

casks

307

129

Coffee

casks

133

barrels

193

70

369

barrels

814

1,035

bags

22,581

29,201

bags

214,375

250,538 Corn

bushels

169,467

33,473

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10,361

8,535 Corn-meal

hogsheads

7,314

7,011

Cochineal

ceroons

753

1,563

barrels

27,904

19,547

Hides

number 572,427

579,077 Cordage

coils

2,718

1,386

Indigo

cases ceroons

1,197

639 Cotton

141,425

202,372

1,402

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56,259

2,221 Domestic cotton goods 61,391 Dye-woods, logwood

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13,032

tons

10,131

11,107

tierces

4,677

3,212

fustic

tons

1,803

2,483

barrels

14,918

4,703

Nicaragua

tons

217

385

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14,676

20,796 Fish, dry cod

cwts.

25,990

22,596

Rum

puncheons

3,851

3,480

mackerel

barrels

3,183

2,655

Sugars

hogsheads

49,058

54,173

herring

barrels 5,380

4,471

tierces

310

176 Flax-seed

tierces

10,195

6,975

barrels

7,707

10,385 Flour, wheat

barrels 491,235

271,170

boxes

53,864

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barrels

12,961

7,939

bags

52,908

84,251 Gin, foreign

pipes

83

60

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15,450

11,086 Gunpowder

kegs

8,260

16,156

ceroons and bales

10,767

22,870 Hams and Bacon

cwts.

1,921

1,980

Wines

butts and pipes

718

13,348 Hides

number

31,325

24,186

hogsheads and half pipes

6,927

3,168 Hops

bales

426

1,423

quarter casks

27,719

61,064 Indigo

cases

24

Indian barrels

6,228

9,718

ceroons

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boxes

24,957

65,465 Lard

kegs

15,299

13,473

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162

half pipes

7,399

1,229 Lumber, shooks, hogsheads 12,402 and pipes

[blocks in formation]

quarter casks

2,225

3,287 Lumber, boards and plank

M ft.

4,987

4,593

Coal

tons

56,293

59,289

staves and heading

M

3,219

5,527

Duck

bales

1,049

4,535

pieces

15,574

797

hoops
shingles

M 1,024

1,424

M

1,984

2,448

Earthen ware

casks and crates

18,001

37,185 Nails

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8,951

Figs

drums

40,494

45,542 Naval stores, rosin

barrels

32,912

29,890

Gin

pipes

3,492

5,304

spirits turpte.

barrels

3,248

2,761

Glass

packages

13,422

46,294

tar

barrels

25,993

18,992

Hemp

tons

3,742

5,532

turpentine

barrels

153,899

131,831

Iron

bar, tons

17,427

28,510 Oils, olive

baskets and cases

1,012

4,445

pig, tons

6,061

12,201

linseed

gallons

26,000

37,600

sheet, hoops &c., bundles

38,776

55,771

whale

gallons 2,227,675

1,160,737

Lead

pigs

170,568

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gallons 420,583

102.011

Olive oil

pipes

238

1,947 Pepper

bags

12,740

3,876

boxes

2,300

5,135 Pimento

bags

9,088

13,989

baskets

7,768

20,698 Pork

barrels

22,238

12,864

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25,629

19,348 Rice

tierces

16,375

17,010

casks

10,552

16,214 Rum, foreign

puncheons

1,200

1,231

boxes 210,835

329,207

American

barrels

3,639

665

drums

76

2,541 Saltpetre

bags

2,218

50

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15,554

14,788 Silks

packages

2,661

1,622

Rice

tierces

26,302 Soap 13,871

boxes

21,238

19,249

Salt

bushels 1,482,539

1,317,780 Sugars, white Havana

boxes

181

6,960

Saltpetre

bags

Wool

11,882 bales 10,052

11,449
9,192

Exports from New York, from Jan. 1, Teas, Souchong and other

to Dec. 31, 1840.

brown
Manilla, &c.
Muscavado
refined

66

boxes

2,389

6,025

bags

5,131

6,838

hogsheads

413

836

cwt.

66,972

30,626

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1840.

1839.

Hyson Skin

packages

1,370

1,857

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Hyson and Y. Hys. packages

23,558

14,895

Ashes, pot

barrels

18,033

21,717

G. Pow. and Imp. packages

12,092

9,478

pearl

barrels

1,453

2,244 Tobacco, leaf

hogsheads

8,493

7,993

Beef, pickled

barrels

10,521

6,678

bales, &c.

7,925

12,485

dried

cwts.

236

594

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16,497

11,299

Bees-wax
Brandy

cwts.

2,053

2,375 Whalebone

cwts. 13,100

16,124

pipes

9

14 Wheat

bushels 411,989

63,240

half pipes quarter pipes

234

275 Whiskey

barrels

718

410

776

591 Wool

bales

461

544

MARYLAND TOBACCO TRADE.

We are indebted to the politeness of a commercial house in this city for the following statement of shipments of Maryland and Ohio Tobacco, from Baltimore and the District of Columbia; the stocks remaining in the Warehouses in the United States; and in first hands in Europe.

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Stocks Remaining

In the Warehouses in Unsold in Europe, 31st Dec. Baltimore & D. C. In Holland. In Bremen. Total. 1825 hhds. 7,370.....13,100......4,700...... 17,800 1826..... .14,000.....11,752......2,100..

1830. 1831. 1832..

...

.....

.....

.....

.....

9,760.. .14,168.. .5,500. .12,800... 6,871. .4,000. 9,390..... 8,454.. .1,600. . 10,054 .11,700..... 7,452......2,100...... 9,552 .11,850..... 8,579.. ..3,086...... 11,665 8,000..... 8,680.. .4,720. ... 13,400 1833.......10,200..... 8,494......5,540.. 14,034 1834....... 8,150.....13,536......5,645... 19,181 9,100..... 9,119......8,650...... 17,769 1836.......12,009..... 9,200......8,308. 17,508 12,385 8,394

1835.......

1837. 1839.

.....

.....

1839.

1840..

9,800..... 7,259......5,126. 9,329... 5,937. .2,557. .10,080.... 5,424.

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Imported into Germany and Holland in 1840.

The following table exhibits the number of hogsheads of Tobacco and Stems, received at the principal European markets, from the United States, during the year 1840; the number sold; and the number remaining in first hands, at the close of the year. Maryland denomination includes that also of Ohio. Imported into

Bremen. Rotterdam. Amsterdam.

4,890. 10,314 Maryland & Ohio. hhds. 14,570....13,582........10,332

7,365..... 8,218.... 1,061...... 9,278 Virginia...

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Inspected in 1825......hhds..15,294....hhds....

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Total....hhds......30,084......16,197...........10,823

120

WARRANTY OF PERSONAL CHATTELS.

Stocks remaining on hand, December 31. Bremen. Rotterdam. Amsterdam. Maryland & Ohio..hlids..1.061.......4,365......3,852 285..... 332. Virginia 285.. Kentucky .1,651...

Stems...

Imported into Liverpool.

398..

250

271

that, as he had known that she was unsound, he was liable "Whatever a man represents,” for a breach of warranty. says the court, "is a warranty;" and indeed, upon no other than this very broad principle could the decision have been made. That the seller, if he knew that the animal was unsound, was liable in a suit for a fraudulent representation in saying that she was sound to the best of his knowledge, is Total....hhds.......3,282.......5,095......4,373 indisputable: but the ground on which he was held liable by the court, viz. " that he had warranted the animal to be Stocks, Dec. 31. sound so far as he knew" would have made him liable had .2,297 he said generally, that she was sound, and on the best grounds .2,575 believed what he stated, and she had turned out unsound338 for a vendor is bound by his warranties. The case es.2,161 tablished in the strongest manner, that "a mere repre153 sentation is a warranty." In this state of judicial decision, the question came lately before the Supreme Court of Penn..hhds..7,524 sylvania in the case of Newman vs. McFarland. Newman ...7,238 had bought a horse from McFarland which proved unsound, Stocks, Dec. 31. and sued him for a breach of an alleged warranty. The judge below charged the jury "a positive averment made Virginia & Kentucky, chiefly..hhds..13,326.....12,663 by the defendant at the time of the contract, of a material

Virginia leaf........
Stems

Kentucky leaf...

Stems...

Other kinds....

..hhds....3,739....
2,926..
811..
..3,023.
722.

Total......

Do. 1839...

Imported into London.

London..
Liverpool.

Stocks Remaining in Europe Dec. 31.

1840. 1839. 1838. .hhds. 12,663....12,428..11,226 7,524.... 7,238.. 5,100 Bristol, New Castle & Hull... 1,100.... 1,357.. 1,760 1,450.... 1,230.. 1,800 Scotland... 1,200.... 1,500.. 1,250 200.... 200.. 200 3,440.... 5,800.. 3,250

Ireland.

North of Europe..

Bremen and Hamburg..
Amsterdam, Rotterdam & Ant-
werp

Spain, Gibraltar & Portugal...
France

Total...

9,020.... 7,600.. 5,650
800.... 1,200.. 600
200.... 200.. 200

...hhds...57,597... 38,753..31,036
Lyfords' Price Current.

fact, is a warranty. It is part and parcel of the contract." Under this charge the jury found for the plaintiff, and to consider the legal correctness of the judge's charge, the defendant removed the case by writ of error to the Supreme Court. It was there carefully considered, and the decision of the court delivered by CHIEF JUSTICE GIBSON, in an opinion of some length and of great ability. He remarked that the anomalous and discrepant character of the decisions on this subject, rendered it impossible to extract from them a single principal of general application; and that being thus in the position of a mariner compelled to correct a dead reckoning by an observation, the court were at liberty to examine and to settle the question upon original principles of the common law and of practical sense. The argument "The relation of of the court exhausted the whole subject, and ended in reversing the opinion of the court below. buyer and seller," said the chief justice, "unlike that of cestuy que trust, attorney and client, or guardian and ward, For the Commercial & Statistical Register. is not a confidential one: and, if the buyer, instead of exacting an explicit warranty, chooses to rely on the bare opinion Warranty of Personal Chattels. Upon no branch of the law relating to personal property, of one who knows no more about the matter than he does himhas there been greater want of stability of decision, or of self, he has himself to blame for it. If he will buy on the selpracticability in its application, than upon the question, ler's responsibility, let him evince it by demanding the proper "What amounts to a warranty in regard to personal security; else, let him be taken to have bought on his own. chattels." In some cases, the courts have said, that a mere Reposing no confidence in each other, and dealing at arms representation or averment of the quality of an article, is a length, no more should be required of parties to a sale than warranty, whilst, in the earlier cases, with more practical wis- to use no falsehood." The same sentiments had been exdom, they had decided, that a representation or averment, pressed in a prior opinion. "In the exposition of con except where there is fraud, amounts to nothing;-that in a tracts, regard is to be had to the language, habits and busicase, not of deceit, before you can hold a seller liable, you ness of those who are the parties, in order to prevent them There is no man, however unskilled in must show that he consented in some mode, to be bound for from being entangled in responsibilities which they never the correctness of his representations. Departing from the intended to create. hardihood of principle, by which the common law aims at legal science, who does not know that a warranty means practical and comprehensive justice, and for the attainment something more than a representation, and who would not, of which, she occasionally endures a hardship in particular in the concoction of a bargain, make a difference between an cases, as an unavoidable, and comparatively, an unimportant assertion and an undertaking to make it good. Nor ought evil, the English Courts have been led to strain evidence to it, I apprehend, to strengthen the case of the buyer, that he prove a warranty, where none in fact existed; and, as is of had reposed on the judgment and word of the seller as a sethe nature of every departure from first principles, have been curity, because it would be unfair to permit him to do so led step by step from their starting point, until at last they without putting the seller on his guard as to the extent of have lost sight of it altogether. The deviation, has however, the responsibility he was expected to contract_from it.— brought itself to a natural termination, and by the very absur- Were he to say explicitly, that he meant to purchase on the dity, induced in proper sequence from a first departure from judgment and at the risk of the seller, no one will doubt that her wisdom, the common law stands at last justified, without in a vast majority of cases, the terms would be rejected. If, an effort, of the practical sense of her principles. As an illus- however, they would not, the parties knowing perfectly well tration of the absurdity which the English Courts have what they were about, would enter into a contract of warreached, reference may be made to the late case of Wood vs. ranty and no unfair advantage would be gained. But in Smith, 4th Carrington & Payne's reports, p. 45, where the the usual course of dealing, a chapman praises his complaintiff chaffering for a mare, had said interrogatively. "Shemodity, with no other view than to enhance its value in is sound of course ?" To which the defendant replied "She the eyes of his customer, who in turn depreciates it with a "Will view to cheapen it. Yet it never enters into the head of is sound according to the best of my knowledge." "either, that the one buys or the other sells on any one's A different course would put an you warrant her," said the plaintiff. "I never warrant,' says the other, "I would not warrant myself." Yet, in spite judgment but his own. of this peremptory refusal to warrant at all, the Court of end to every thing like chaffering about the relation of the Kings Bench held that the vendor had warranted the ani- actual value to the price." (3 Rawle, 46.) The above exmal to be sound according to the best of his knowledge; and tracts present the general grounds upon which the decision

of the court was made, and the result of the whole is thus summed up by the chief justice, "Though to constitute a warranty, requires no particular form of words, the naked averment of a fact is neither a warranty itself, nor evidence of it. In connexion with other circumstances it certainly may be taken into consideration; but the jury must be satisfied from the whole, that the vendor actually and not constructively, consented to be bound for the truth of his representation. Should he have used expressions fairly importing a willingness to be thus bound, it would furnish a reason to infer that he had intentionally induced the vendee to treat on that basis; but a naked affirmation is not to be dealt with as a warranty, merely because the vendee had gratuitously relied on it; for not to have exacted a direct engagement, had he desired to buy on the vendor's judgment, must be accounted an instance of folly. Testing the vendor's responsibility, by these principles, justice will be done without driving him into the toils of an imaginary contract." "Warranty or fraud," therefore, is the test in Pennsylvania of the liability of a vendor for the quality of the articles sold. It will be observed, that the above decision does not overturn the decision made some years since in Borrekins vs. Bevan. The count there decided that there is always an implied warranty, that an article shall be in species what it is represented to be, that is, for example, if a purchaser buy an article as blue paint, that it shall be blue paint and not a different article, as for example, blue dirt. The case of Newman vs. McFarland has reference to the quality of the article sold. It is hard to see why this distinction should exist; why that which amounts to a warranty of essence shall not have the same efficacy when applied to quality: or why a purchaser shall not be supposed to have bought as much on his own judgment, as to the substance, as to the quality of the article; especially, as many a man could tell whether the article offered to him was a wholly different article from what he asked for, who would be incapable of distinguishing between the different qualities of the same article.

The certainty and stability of the law is however of more importance than the reason of it, and while the court in Newman vs. McFarland lay down principles subversive of what a majority had decided in Borrekins vs. Bevan, they state expressly that they do not mean that their decision shall touch that case. J. W. W.

Mexican Dollars. Gentlemen,-I deem it my duty through the medium of your valuable journal, to apprise the public, and particularly such persons as are in the habit of depositing Mexican dollars at the Mint, under the impression of realizing some profit from the recoinage, that there is at present in circulation in this city a large amount of Mexican dollars of a depreciated standard, and varying considerably as to the extent of depreciation. From the results of repeated assays made during the three last years, I have discovered four descriptions of the above currency, of the following respective values:Cents.

Of the 1st description the dollar is worth 62 22-100

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Mobile Planters' Journal.

A Great Slaughter of Hogs.-The following table shows the number of Hogs slaughtered at the respective places named, during the past and present season up to the 10th inst.

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