social organism. This is a great subject, and while I have neither time or ability to do it justice, I can see in it matter that may well employ, and will yet employ the best heads and hearts which God has bestowed on mortals. Without anticipating evils, there are certain benefits to follow, which will prove more than an antidote. To name a few

The increase of Commerce and wealth is a consideration which I leave to the political economist. In no country should they be overlooked, much less in our Wealth is power, and when properly used, is a source of unspeakable

own.

good.

As to Commerce, there are two aspects, aside from its bearing on wealth, in which I love to contemplate its connection with the rail-road.

One is, as a preventive of war. This remark applies more to Commerce as now conducted by steam on the ocean. It is bringing the nations together, and making them feel the sympathetic throbbings of one family heart, of one great brotherhood. Would the idea of a World's Fair have been conceived, had it not been for steam navigation? It was a noble thought! Let the people of every tongue, and kindred, and nation from under the heaven assemble. Let them gather under the same magnificent crystal palace, and through its transparent dome, raise their eyes to the same God, and feel that he has made them all of one blood, and united them, by one common tie of interest and affection, to the same father and to one another; and we may expect to hear that a motion has been made and carried by acclamation, to "beat their swords into plow-shares and their spears into pruning-hooks."

The other view of steam Commerce is, its tendency to unite more closely the States; bringing them into more intimate relations, and subjecting them to the influence of inutual intercourse.

Owing to emigration, we are becoming a heterogeneous people; unlike in habits, language and religion, and scattered over a vast territory, from the Atlantic to the Pacific. How States, formed out of such a population, thus widely dispersed, can be held together and consolidated, is a question vitally interesting and important. One thing is certain; it cannot be done by law, nor by military power alone. Sectional interests and jealousies will spring up against which the Constitution and brute force will form no barrier. Under circumstances so unprecedented in the history of nations, our only hope, it seems to me, lies in the general diffusion of religion and education, and in the kind and frequent intercourse which the railway is calculated to promote, bringing distant portions of the country into the relation of neighborhoods, and thus removing sectional jeal ousies and animosities, and inspiring mutual confidence and affection. It is for this reason, as well as others, I rejoice in the construction of a railroad, connecting us, I may say, with the Southern States. The influence, according to all the laws of our social being, cannot fail to be peaceful and happy. On a little better acquaintance, our brethren of the South will feel more kindly towards us, and we towards them; and, possibly, some mistakes and misapprehensions, on both sides, will be corrected and removed. By means of recent intercourse with foreigners, the Chinese begin to think it doubtful whether the earth is a plane, and they in the center of it, and all upon the outside barbarians. By a law of our nature, minds in contact assimilate, and, for this reason, we hope to see good result from the intermingling of the North with the South; and, could a railroad be extended to the Pacific, it would do more to promote union in the States-to circulate kind feelings-to establish our institutions in California, Oregon, Utah, and New Mexico, and to consolidate our glorious confederacy, than all the legis lation of Congress from now until doomsday. A new and vast trade would at once spring up between the parent States and those more recently formed, also with the numerous islands of the Pacific, and with the populous regions of eastern Asia. In its tendency all legitimate Commerce is peaceful and happy, because its benefits are mutual and reciprocal. Every new railway, therefore, constructed in our country, is another link in a chain of iron, binding the States together.

Another benefit. In one respect, the railroad is a leveler, but it levels up, not down. Its tendency is to place the poor on a level with the rich, not by abolishing the distinction of property-it is no socialist-not by depressing the

ch, but by elevating all to the enjoyment of equal advantages. It is like the Press. Before the art of printing, the poor had no books. Now, the possession of books is no very distinctive mark of wealth. Manufactories are leveling in the same way, by bringing to the fire sides and wardrobes of the poor, articles of comfort and luxury, which once were attainable only by the rich. So with the railway. The poor can travel with as much ease, rapidity, and cheapness as the rich. They are not doomed, as formerly, to spend life within the limits of a parish or a city; but, can take their seat beside the millionaire, breathe the pure air of the country, recreate and recruit health and spirits in its valleys and on its mountain tops. But there are other advantages still greater.

One is the general diffusion of education. "Many shall run to and fro, and knowledge shall be increased." The motion of the body quickens the mind. The rapid passing of objects, the active interchange of commodities in commercial intercourse, is attended with the interchange of ideas. Then, possibly, such active intercourse may be unfavorable to education. In a passion for travel, there is danger of cultivating the senses more than the intellect. Should knowledge degenerate into mere sight-seeing, and become superficial, the effect will be deplorable. But as an offset to this evil, which we hardly anticipate, we see everywhere the multiplication of schools and a disposition in the people, and especially in our rulers, to patronize and encourage education. Happily for the world, rulers are beginning to see, that they are invested with power not for themselves, but for the people; that the interest of one is the interest of both; and, that in shaping their policy so as to advance general knowledge, industry, equal rights, and privileges, they are laying a broad foundation in the intelligence and affection of the masses for permanent peace and prosperity. In political science, this is a great advance from the old gothic notion that God made the people for the king and the king for himself. This branch of my subject I cannot close better, than in the words of an eloquent writer. Speaking of governments, he says:-"Having it for their problem to make every man as valuable as possible to himself and to his country, and becoming more and more inspired, as we may hope, by an aim so lofty, every means will be used to diffuse education, to fortify morals and favor the holy power of religion. This being done, there is no longer any danger from travel. On the contrary, the masses of society, will by this means, be set forward continually in character and intelligence. As they run, knowledge will be increased. The roads will themselves be schools, for here they will see the great world moving, and feel themselves to be a part of it. Their narrow, local prejudices will be worn off, their superstitions forgotten. Every people will begin to understand and appreciate every other, and a common light be kindled in all bosoms."

"The effects to result from the great facilities for travel, in regard to the general interests of religion, is another subject on which a large portion of community feel a deep interest. And well we may. Whatever tends to loosen the bonds that bind us to our Maker, tends also to loosen the bonds that bind society together-to uproot law and order to introduce anarchy and misrule, guilt and wretchedness.

There is one fact, however, which encourages us to hope that the influence of railways will be favorable to religion. As I have already said, they mark a new era in the world. They are destined to effect a great revolution in all the departments of society. Now, if we look back on the past half century, we see nothing but a succession of revolutions in government, in the arts and sciences, in the condition of political and social life; and yet, where is there one that has not immediately or remotely favored the extension of Christianity-given prosperity and power to evangelical truth, and caused the heart of Christian philanthropy to beat more intensely for the happiness of universal being? On that one I cannot place my eye. It is not in memory. It is not on record. Wrongs deep and dreadful there have been, and are still; but every attempt to perpetuate them, as is obvious to the nice observer, is working out, slowly it may be, but surely, their removal.

When railroads were first projected, it was predicted, and not without some reason, that they would demolish the Christian Sabbath. But what has been the result? So far as ascertained, I confess I see no occasion for alarm. True, this sacred season of rest, given to man by his Creator, and which his physical nature imperiously demands-being able, as has often been demonstrated, to do more labor with it than without it-is shamefully desecrated by steamers, rail-cars and other modes of conveyance. But, so far as railroads are concerned, experience both in this country and in England is gradually deciding in favor of remembering the Sabbath day to keep it holy. If correctly informed, several lines are already discontinued and others will be. Wherever the voice of the community favors it, Directors are not backward to let their men and enginery remain quiet on this day; for it is found that nothing is gained and much lost by running. All the business can be done in six days of the week; while not only one-seventh part of the expense is saved, but the hands employed are refreshed and invigorated by rest, and better prepared with safety and fidelity to discharge their duty. Thus the evil is working out its own remedy. The truth is, the law of the Sabbath is written, not only in the Bible, but upon the constitution of man; and such are the arrangements of Providence that it cannot be violated without incurring loss. The penalty will follow, and if religion does not enforce obedience, self-interest will. All that is necessary is, to direct the attention of considerate men to the subject, and leave it with conscience and common sense to decide. This done, I have no fears of the result.

Another thing. When a railway is managed as it should be, and as I confidently believe ours will be, it is found to be an important auxiliary to the cause of temperance. In a concern involving so great an amount of life and property, it is worse than folly to employ men who are not strictly temperate. The public expect and have a right to demand, for the sake of safety if nothing else, the most scrupulous adherance on the part of directors to the principles of temperance, in the appointment of their agents. This will inspire confidence in the traveling community, and secure patronage; and if no higher motive actuates, its influence will be good, at least upon a large class of persons necessarily connec ted with such an establishment.

But it is in the power of directors-and that power can be easily exercised, especially at the first start of a railroad-to extend the healthful influence of temperance along the whole line; operating benignly upon the population at large, through which it passes. They can and ought to control the eating-houses and depots maintained for its accommodation; and if this be so, the prohibited use of intoxicating liquor in them, by its example, will do good to the whole State. If this wise and practicable measure be adopted, as it has been on some other roads, and with entire success, it can readily be seen how powerfully it will aid the cause of temperance. For years past, one prolific source of intemperance has been the taverns and grog-shops upon our great thoroughfares. Persons who drank but little at home, under the excitement or fatigue of traveling have thought it pleasant if not necessary to indulge in the intoxicating cup, especially where none but strangers could be witnesses to their delinquency. As these sources will in a great degree cease to corrupt, if others are not opened on the railroad, incalculable good will result to the public. May we not hope that the noble stand will be taken and maintained, and that our railway, so big with promise to other interests, will apply its mighty fires and forces to dry up the poi sonous fountains of intemperance? It will be an achievement worthy of the age. It will reflect honor upon our State. Its example will tell upon other railroads and upon the nation. In a few years, it will save money enough to repay the building of the road. It will scatter unnumbered blessings of contentment, peace, prosperity, and religion over our great commonwealth!

JOURNAL OF MERCANTILE LAW.

INSURANCE-TOTAL LOSS OF MERCHANDISE.

In the Second District Court, New Orleans, March, 1852; Judge Buchanan, presiding. Rugley, Blair & Co. vs. Sun Mutual Insurance Company.

Judge Buchanan.-The claim of plaintiff is for a total loss of one hundred and twenty-five bales of cotton, insured in defendant's office, and valued at $60 per bale.

The cotton was shipped on board the schooner Velasco, at Matagorda, bound for New Orleans, on the 20th June, 1851.

On the 24th June, at 8 o'clock, A.M., the Velasco went to sea, and proceeded on her voyage with a head wind. On the 25th June, at 1 P. M., having tried the pumps and found they would not suck, and the water gaining fast from a leak, as was afterwards discovered, the master of the vessel put her head about and made for the bar of Matagorda Bay, his point of departure; which he reached at 9 o'clock next morning, the 26th June, and reached the wharf at Decro's Point, Matagorda Bay, at 11 o'clock, making just twenty-two hours from the first discovery of the leak and change of course.

The vessel being completely water-logged, was beached at Decro's Point within a few yards of the wharf, and her cargo landed. On the 3d of July, a survey was called upon the cargo of the Velasco, by a notary public.

On the same day, the surveyors appointed by the notary gave it as their opinion and report, that the cargo of the Velasco should be sold at auction, as advertised, for the benefit of all concerned. On the same day the cargo of the Velasco was sold at auction, including the one hundred and twenty-five bales insured by plaintiffs.

On the same day, the master of the vessel, and Thomas Decro, who had furnished hands to assist in getting the Velasco from the bar to the landing, entered into an agreement to appoint arbitrators to assess salvage to the said Decro for his said services.

On the same day, the arbitrators reported a salvage of 33 per cent on the net amount of the sales at auction; and assessed the schooner Velasco, as she lay, at $2,000 for her portion or contribution of salvage. The net proceeds of sales of the one hundred and twenty-five bales of cotton, insured by plaintiffs, being $1,766 31 as per average statement in evidence, the salvage on the same was according to the award, $588 77.

The said cotton was purchased (or rather one hundred and twenty-two bales of the same) by one John Rugely, and shipped to New Orleans by the steamer Fuselier and the schooner Star, for account of the purchaser.

The plaintiff's made a demand upon the defendants for indemnity, who, on the 31st July, 1851, replied that they could not recognize the claim, because the sale of the cotton insured, and the other proceedings at Decro's Point, were contrary to the terms and rules of insurance.

On the 6th of August, 1851, plaintiff's made an abandonment in writing as for a total loss; which was rejected by the defendants. And this suit was brought on the same day.

In their answer filed, the defendants take the same grounds as in their note of the 31st of July; and in addition, plead unseaworthiness.

In my recapitulation of dates above-as to the time of the first discovery of the leak, the change of course, and the arrival of the Velasco at Decro's landing on her return to port-I have followed the protest. I must remark that there is, however, a singular discrepancy from this date of the latter event, in some portions of the evidence. For I find that the copy of the notice of survey on the vessel, furnished by the notary, is dated the 24th of June, when, according to the protest, the vessel was at sea; and the average statement declared that

the Velasco was beached on Decro's Point the 25th June, 1851, although the protest makes out that event to have occurred on the 26th.

The policy of insurance sued upon, contains the following clause :"The insured are not to abandon on account of the boat grounding, or being otherwise detained; and in case of the loss of the boat or vessel, or part of her cargo, or of damage to the whole or part thereof, it shall be the duty of the master or agent of said vessel to forward such part of the cargo, as shall be saved in a condition fit to be shipped to its port of destination, by the best conveyance obtainable at the place where the shipped goods may be, or at any other place within a reasonable distance; and the enhanced expense thereof, not exceeding the amount insured, shall fall on the insurers."

The practicability of procuring a conveyance to forward the cotton in question, is proved by the fact, that the cotton was forwarded to New Orleans, its port of destination, within a few days after the auction sale, by the purchaser at

said sale.

There is proved to have been a weekly communication by steamboat between Matagorda Bay and New Orleans; and the proceedings of the sale of the cotton under the circumstances, appear to me to be a manifest violation of the clause in the policy copied.

Judgment for defendants with costs.

PLAINTIFF TO RECOVER FOR THE SERVICES OF HIS MINOR SON WHO SHIPPED IN DEFENDANT'S VESSEL ON A WHALING VOYAGE.

In the Supreme Judicial Court of Massachusetts; before Judge Bigelow. John Carnes vs. John Parkhurst, et al.

This was an action of assumpsit brought against the defendants, owners of the ship Kutosoff, by the plaintiff to recover the sum alleged to be due him on account of the services of his minor son, who shipped in the defendant's vessel, and was absent on a whaling voyage thirty-four months. The plaintiff commen ced his action May 10th, 1851, three days after the arrival of the Kutosoff, and claimed in his writ to recover at the rate of $16. a month for the whole time, amounting to $544.

It was contended by the counsel for the plaintiff that the father might recover the value of the son's services at home to himself, or might elect to take the lay the boy earned at sea as evidenced by the shipping articles; and that in the lat ter case no deduction whatever could be made for advances, necessaries supplied the minor, or ship charges of any kind, as none of these were binding upon the father, but that he was entitled to the gross lay.

The defendants contended that the father, in this action, was only entitled to recover of them the actual value of the services of the minor while in their employ, he having disavowed the special contract in the shipping articles, and that they were entitled to deduct from this gross value the customary charges made in whaling voyages, and also such sums of money as were paid by them for necessaries furnished the minor preparatory to and during the voyage.

There was also a question raised as to an implied assent and ratification on the part of the father. On this point the evidence was that the minor ran away from Lowell where his father resided, and remained a few weeks in Boston without any employment, and that his father knew he was in Boston, and then shipped at an office in the city for a whaling voyage. That his father came down to New Bedford after the boy, and arrived some six hours after the ship sailed, and neither assented nor dissented from the shipment when made known to him. Defend ants contended that he was bound to dissent therefrom, so as to give them an election to send for the boy and return him.

The case was argued by B. F. Hallett, Esq., for the plaintiff, and R. C. Pitman, Esq., for the defendants.

Bigelow, J., charged in substance as follows:-This is an action by the father for his son's services. It is an equitable action. It is not an action for tort. In an action for enticement, which is an action for tort, you would not be limited as you now are by the worth of the son's services. But in this case, by declaring