States of the Union, the decision of whose tribunals in questions of this character must certainly command our respect, and when approved by our own reason, may be very safely followed as guides in determining commercial questions.Pope vs. Luff, 5 Hill, 417; 7 Hill, 578; 3 Comst., 243; 1 Selden Rep., 525: 15 La. Rep., 255.

The result is, that the payees of the bill acquired no specific lien upon the fund so as to cut out subsequently attaching creditors, and the fund must be distributed among them, according to their priorities.

STEAMBOATS LIABLE FOR ROBBERY.

Louisville Chancery Court, Hon. Henry Prittle, Chancellor. F. S. Vanderpool vs. Steamboat Crystal Palace.

The complainant was a passenger on the steamboat Crystal Palace from Paducah to Louisville, and on the night of her arrival at Louisville a thief entered the state-room where he was sleeping, and stole from him a gold watch and chain, a diamond breastpin, and a sum of money; and to make the boat liable for his loss, this attachment was sued out of Chancery.

The boat was constructed in the modern style, with separate rooms for passengers, and locks to the doors. It is proved that the lock to the door of the room in which plaintiff slept was in some way out of order, so that it would not fasten. This had been found out the night before the felony, and it was mentioned by the plaintiff and his brother, who stayed in the same room with him, to the waiters about the cabin; and when one was called as the plaintiff was about to retire, to see if the door could not be secured in some way, he said there was no way of fastening it but by putting a chair or baggage against it, which was done.

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The common law does not fix a rule directly applicable to just such a case as this. When it was formed there were no steamboats, and the world had seen no such internal navigation as bears our ten hundred thousand of people in crystal palaces" on our majestic rivers. But all civilization has held public carriers by water to a responsibility, more or less strict, according to the neces sity demanding it. By the Roman law-which is still the rule over the largest part of the Christian world-shipmasters, as well as innkeepers and stablekeepers, were put under a peculiar responsibility and made liable for all losses not arising from inevitable casualty or overwhelming force. The common law went further as to the shipmaster, who was a common carrier, and made him liable for every loss, unless it was by the act of God or the enemies of the king. But these rules, both of the civil and common law, applied only to the property of the passenger or traveler, which was put into the custody of the shipmaster, &c. They did not apply to such articles as the passenger kept about his person or in his own charge. The rule at inns was different when the goods were stolen from the apartment assigned to the guest.

By one of the most enlightened codes that any civilization has seen, although compiled in 1263, it was provided "that everything which travelers, either by sea or land, put into inns or taverns, or ships that navigate the sea or rivers, to the knowledge of the owners thereof, or of those who act in their places, shall be taken care of, so that no loss or damage happen to them; and if they get lost through their neglect or fraud or fault, or if they be stolen by any person who come with the travelers, then such owners shall be bound to pay for everything that is lost or damaged; for it is but just, that since travelers confide to them their persons and effects, they should honestly and faithfully take care of them, so that they sustain neither loss nor damage. And what we say in this law is understood of hotel and innkeepers, and of owners of vessels who are in the habit of publicly receiving persons for hire or for a price." 2 Moreau & Carleton's Partidas; Partida 5, tit. 8, b. 26.

This looks very much like it would include a loss of property in the charge of the person of the traveler, as well as that handed over to the care of the master

of the vessel or of the innkeeper. Indeed, it seems to put the master of the vessel under the same responsibility laid on the innkeeper. This law originated with a country then much more commercial, (Spain had splendid ships at that time,) and much more enlightened than that from which the common law has come, was at the same date.

The liability of shipmasters, innkeepers, &c., under these different codes, always had reference to necessity of intercourse, the protection and accommodation openly offered the traveler, and the danger there was of the acts of the parties, of servants, and others employed by the carriers and innkeepers, &c., or of strangers who might combine with them. In this country, where we have a necessity of intercourse, a traveling beyond anything seen in any other age, or in any other country, we have also a better accommodation and protection offered by steamboats than can be found in any other part of the world.

The law of bailments involved in these things must advance with these things. The law of the Caravel, in former times, about the coasts of the Old World, or of such open ships as Columbus procured to find another hemisphere, must have been different when they had been engaged in the unsuitable pursuit of carrying passengers for hire, from that of the splendid palaces that float so invitingly on the American rivers. Here is the parlor, and here the secure state-room offered with its door to be shut and locked with its inside key.

I can recollect when the passenger steamboat was first built on our rivers. It had no door to protect the berths or sleeping-places. They had only the benefit of drapery, except rooms for ladies. Then of course the passenger could not expect when he stepped in haste on this fast traveler, that he could sleep securely from thieves, if any were about, with his watch and breastpin and money near him; and the boat should not then have been liable for what was not specially put in the care of its officers, any more than the picking of a pocket by a stranger on one of its decks; no more than an innkeeper should be liable for such an act in the public entrance hall. But when the steamboat is so furnished as to offer the passenger the protection of lock and key, he has a right to expect it, and go on board, as he often does in this country, with a haste that would not allow him to inquire whether all is in fit order or not; and in such instances, if he takes his watch and breastpin and such like articles to his room, or a reasonable sum of money, when he goes to bed, and they are stolen, the boat should be held liable.

I would not hold the owner of the boat as an innkeeper is liable at the common law for an interior breaking and robbery, but only as I think the civil law would have held him, in analogy to its laws of innkeepers, for a failure to carry the party and his effects under his charge, or about his person, with the carefulness substantially offered to every traveler from the structure of the boat. But it may be contended that if the passenger finds out that the lock of his door is out of order, he should undergo the risk, or take such articles of value as have been about his person to some officer of the boat for better care. I do not think so as a general rule.

The boat's owner has engaged his safety; and if a lock is out of order, the offiers of the boat ought to know it and have it put in order, or take other means, such as setting a watch or guard, or at any rate, offer to take the charge and care themselves of the property exposed. Circumstances might change the course to be taken, but none are shown here. It seems to me that unless such a rule be established, passengers will be subjected to the depredations of servants and others, who may withdraw keys, seeking the chance of carelessness, or too much confidence on the part of the traveler.

It was proved by one witness that there was a printed card posted up in the state-room requesting passengers to lock their doors, and place any valuables which they might have in the hands of the clerk for safe keeping, and otherwise the boat would not be responsible for such articles. It is not shown, however, that the plaintiff had seen the notice, if there was one in his room. But it could not be supposed that this notice meant that every passenger should deliver his watch, breastpin, and pocket money every night to the clerk, for it would be an

inconvenience unheard of. They are a part of his apparel, and he might be subject to disputes about their identity every morning; but it had reference to valuables," not to be kept there with the door locked-nothing ordinarily belonging to his dress or carried about his person. The notice, I think, did not excuse the boat from the loss which happened, because the door could not be fastened. The engagement implied was to have the lock in order, or stand responsible for the robbery. Another rule would be unsafe to the great traveling public in this country. I do not say this implication exists in all instances where the berths are furnished with doors to be locked, but I do not think the rule qualified by anything in this case.

Decree for plaintiff.

COMMERCIAL CHRONICLE AND REVIEW.

INDICATIONS OF COMMERCIAL AND FINANCIAL PROSPERITY-CAUSES OF DISQUIET-CONNECTION WITH FINANCIAL DIFFICULTIES ABROAD-EFFECT OF THE WAR UPON THE COTTON TRADE-FOREIGN CAPITAL IN AMERICAN ENTERPRISE-FOREIGN EXCHANGE, AND THE SUPPLY OF GOLD-THE CANAL ACROSS THE ISTHMUS OF DARIEN-REVENUE FOR THE LAST QUARTER AT NEW YORK, BOSTON, PHILA. DELPHIA, BALTIMORE, CHARLESTON, NEW ORLEANS, AND ST. LOUIS-THE BANK MOVEMENT-RECEIPTS OF GOLD AT NEW YORK ASSAY OFFICE AND AT THE NEW ORLEANS MINT IMPORTS AT NEW YORK FOR SEPTEMBER AND FROM JANUARY 1ST-IMPORTS OF DRY GOODS-CASH DUTIES RECEIVED AT NEW YORK-EXPORTS FROM NEW YORK FOR SEPTEMBER AND FROM JANUARY 1STEXPORTS OF DOMESTIC PRODUCE-THE FOOD QUESTION-STRUGGLE FOR SPECIE BETWEEN ENGLAND AND FRANCE, ETC., ETC.

THE prosperity of the country appears daily to become settled upon a broader and deeper foundation. The amount of labor expended upon the soil during the last twelve months is certainly one-third more than for the previous year, and the results are seen in the immense products already harvested, or still waiting to be gathered. In cereals the production is very large. The wheat crop has been injured in the Genesee Valley, and in many parts of Ohio and Michigan, and also in some counties of Maryland and Virginia; but the total yield throughout the Union is above the usual average. The crop of Indian corn is very large, probably larger than ever before produced in the country. It is yet too early to estimate the cotton crop, as the frost may cut off much which would otherwise mature; but everything at the date we write promises a yield larger than ever recorded.

We have thus in our great staples, breadstuffs and cotton, the prospect of a very large surplus for export. Other interests are likewise improving. The prejudice against American pork, which had its origin chiefly in the carelessness with which the meat was prepared for market, is rapidly passing away, and both the French and British are ordering supplies from our stores. The iron trade is also reviving. During the recent depression the price of Scotch pig ran down so low as to remove all motive for importation, and thus when the demand increased with a limited supply, the price increased much more rapidly than in American pig, and there was for some considerable time an unusual difference between the price of the foreign and domestic article. This led many, who have hitherto used only the foreign, to try the domestic, and they have found the change so easy and the advantages so unexpected, that many will consume now only the product of our own furnaces. There are other items in the sched

There are fewer idlers in

ule of favorable indices which might be enumerated. almost every department of trade and Commerce. The shipping interest has greatly revived. There is no unemployed tonnage; at all of our ports freights are offered at prices which must pay large profits to ship-owners.

Notwithstanding these reasons for a strong faith in a prosperous future, there are many who are very anxious, looking for farther troubles to arise out of the difficulties in Europe. If the war continues, all of the nations engaged will be obliged to have recourse to farther loans, and many look for a suspension of specie payments by the national banks of both England and France. For many years the Bank of France was more independent of the government than at present, and was one of the best-managed institutions in the world. It is still in good hands, but more liable under the present regime to become involved in the pecuniary difficulties of the government, and thus to be obliged to preserve itself only by a legalized suspension. If such an event should occur, prices of property would at once advance about the difference in the market value of the paper currency and specie, but no consequent disaster need happen to us. There is another question of far more importance to this country, and that is, how far Europe may be willing to take our cotton. More than half our exports are made up of the trade in this staple, and we may therefore well inquire whether the prolongation of the war will diminish its consumption. We do not believe that it will to the extent which many predict. The war, so long as it does not devastate whole provinces, is not as disastrous in its effects upon Commerce as the conflicts which swept over the face of Europe during the earlier part of the century. The falling off in consumption will be greatest in fine goods, which use but a small portion of raw material. Still the trade must be greatly interrupted, and peace is every way much to be desired. We do not believe that evil can come upon any portion of the world without being felt, sooner or later, in all the rest, and that any suffering member must in the end communicate its infirmity to the whole body.

The chief anxiety in regard to our connection with European troubles is probably based upon our supposed need of a large amount of foreign capital. Many are apprehensive that the scarcity of money abroad, and especially the suspension of specie payments, would return upon us an inconvenient supply of our stocks; while others fear that borrowers will not be able to obtain the coveted supply of foreign capital to finish our projected railroads. The stocks, of course, cannot be sent out to us faster than we may be willing to purchase them; and in regard to the capital, the refusal to contribute it for the construction of our works of internal improvement, may be a blessing in disguise. Too much energy has been expended in that direction during the past two or three years, and especially in the building of parallel roads, and a little relaxation in this respect may be quite as profitable as further progress. It would be desirable, perhaps, to finish such roads as are partly constructed, and would be otherwise useless; but this cannot be done without encouraging new enterprises-and as there must be a stop somewhere, the present point may be the best practicable.

The finished railroads are mostly doing a large business, and great expectations are formed in regard to the trade of the coming winter.

The demand for capital has been steadily increasing, and rates of interest have advanced. Money is wanted everywhere to move the crops, and to furnish the "sinews" for all the increased traffic of the country, and there is more activity throughout all of our borders. The supplies from California have not been quite as large as during the same period of last year; but this is owing to two causes--the use now made of capital there, and the direct shipments thence to England. Foreign exchange has steadily declined since our last, and first-class bills are now selling below the specie point.

We have heretofore alluded to the efforts making to connect the Atlantic with the Pacific by a ship canal at or near the Isthmus of Darien. A survey has been made under the direction of F. M. Kelley, Esq., of New York, and a route quite practicable, it is said, has been discovered. This route enters the mouth of the Atrato River, furnishing a ship navigation to the junction of the Truando, then deepening that branch a short distance, it finally leaves it, and makes a straight cut to the Pacific. The Secretary of the Navy has consented to confirm the private survey by an examination under proper government officers, and if this is done, and the route be as it is represented, the discovery is one of the greatest of modern times. It is designed to be open from ocean to ocean without a lock, and to be navigable for the largest ships. We hope that no time will be lost in determining the value of this discovery, and in this we are sure that we speak the sentiments of the whole of our people who have any interest in our commercial prosperity.

The revenue of the country during the last quarter of the year shows far less decline than for either of the previous two quarters, and has rapidly increased since the 1st of October. The following will show the comparative total at seven of the principal collection districts for the three months ending September 30th:

The bank changes have been more important than usual. The loans and discounts and deposits have generally run down, while the specie has also been decreased. The lowest point of specie in New York was about the 1st of October, when the total was less than for any previous week since the 1st of November of last year. We annex a statement of the weekly averages since the opening of the year:

Date.

WEEKLY AVERAGES NEW YORK CITY BANKS.

Capital.

Jan. 6, 1855 $48,000,000