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 March 4, 1841. 10 10 7 New Hampshire 14 Massachusetts... 14 ... 14 4 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 The Senate being withdrawn, the Speaker took his chair, and the House resumed its session; and Mr.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. 294 148 Virginia, North Carolina, Of which, for President. William Henry Harrison, of Ohio, received Martin Van Buren, of New York, received 234 Georgia, 60 Kentucky, Tennessee, 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 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 matts and cases 16,820 5,386 casks 620 169 boxes 8,707 4,776 Imports into New York, 1839-40. Clover-seed tierces 229 17 ceroons 799 1,135 1840. 1839. Cocoa bags 10,148 6,630 274,609 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 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 56,259 2,221 Domestic cotton goods 61,391 Dye-woods, logwood 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 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 barrels 12,961 7,939 bags 52,908 84,251 Gin, foreign pipes 83 60 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 boxes 24,957 65,465 Lard kegs 15,299 13,473 162 half pipes 7,399 1,229 Lumber, shooks, hogsheads 12,402 and pipes 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 M 1,024 1,424 M 1,984 2,448 Earthen ware casks and crates 18,001 37,185 Nails 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 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 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 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 Exports from New York, from Jan. 1, Teas, Souchong and other to Dec. 31, 1840. brown 66 boxes 2,389 6,025 bags 5,131 6,838 hogsheads 413 836 cwt. 66,972 30,626 1840. 1839. Hyson Skin packages 1,370 1,857 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 16,497 11,299 Bees-wax 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. 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. ..... ..... .... ..... 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... Inspected in 1825......hhds..15,294....hhds.... 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........ Kentucky leaf... Stems... Other kinds.... ..hhds....3,739.... Total...... Do. 1839... Imported into London. London.. 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.. Spain, Gibraltar & Portugal... Total... 9,020.... 7,600.. 5,650 ...hhds...57,597... 38,753..31,036 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 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. |