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moths would give an increase of thirty-five thousand worms.

6 The qual. ity and value of cocoons” are given in preceding remarks. A good market for cocoons is found at silk manufactories, which are already sufficiently numerous for the quantity of silk grown in this country. A more suitable market would be an establishment exclusively for reeling. Such an establishment does not exist in the states ; but it is probable that interest will induce individuals to erect them as soon and as fast as cocoons can be be raised to supply them.

Since writing the foregoing, experience has increased the favorable opinion therein expressed in regard to the native black mulberry. The best Italian sewings are made from worms fed on the black mulberry of Cala. bria. Mr. Caldwell, of Clark county, Virginia, sent me two bushels of cocoons, from worms which he fed entirely on the native black mulberry. I exhibited them at the fair of the American Institute in October last, where a part of them were reeled and twisted into sewings by Mrs. Brooks, a very intelligent and skilful lady from Massachusetts. She has four years practical acquaintance with silk reeling, and she remarked that these cocoons from the black mulberry made the strongest silk that she ever saw, and considered it superior to all others for sewings. There is not much difference in the silk made from the different species of mulberries, when the compared specimens of produce are all by the same sub-variety of worm. Generally, all silk worms will make the strongest and most lustrous silk from the most hardy and tough species or varieties of mulberry ; and the mulberries most tender and perishable afford silk of the least strength and lustre. Hence, if strong and lustrous silk is preferred, then the black, the Brussa, and the common white are the best mulberries for the silk culture. And the Alpine, the multicaulis, the Chinese, and many similar varieties are best for producing a comparatively dull and weakfibred silk. The silk made from the morus multicaulis much resembles cotton in strength of fibre.

The black mulberry is also known to be a very superior timber. A few facts that have come to my knowledge may not be inappropriate here. The schooner Union, built at Lodi, N. J., about forty-three years ago, had a large portion of her upper timbers and most of the trunnels of native black mulberry. In fourteen years afterwards she was overhauled, when her deck planks of Georgia pitch pine were much decayed; the white-oak futtocks were completely destroyed by rot, and the white-oak timbers and bottom plank were much decayed, while every timber and trunnel of black mulberry was perfectly sound. She beached and stranded during a severe gale near the mouth of the Delaware, after a constant service of more than twenty years; and at no time from her launch until her wreck was there any perceptible sign of decay in the mulberry, although the trunnels of this wood were driven into the upper futtocks, where, (in common with the upper timbers,) decay always commences first in vessels of her class. The black mulberry used in her frame measured from sixteen to eighteen inches across the butt. The sloop Highlander, built near Belleville, N. J., more than thirty years ago, is now running on the Passaic and Hudson rivers. All her upper tirnbers and most of the upper futtocks are mul. berry, principally white; and although more than thirty years have elapsed since her launch, yet no sign of decay has ever appeared in the mulberry employed in her frame, while some of her white-oak timbers have long

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since crumbled from the spikes. Mr. Cornelius Kingsland, a highly re. spectable and intelligent shipwright, who built the Highlander, informs me that he has built as many as thirty vessels, in a large number of which he employed native black mulberry, and from long experience is convinced that for durability and strength it is superior to white-oak, chestnut, cedar, wild cherry, red elm, or locust.

I am aware that some fastidious gentlemen contend that there is no black mulberry in the states ; such opinions are founded on the fact that Lin. næus speaks of red (rubra) only in America. Names are given to facili. tate science ; and when we have trees bearing pleasant fruit it is very convenient to designate them with specific names. We have an indigenous tree bearing black mulberries, and it is by general consent called, black mulberry,notwitbstanding Linnæus and his followers may insist that it is rubra.'

Silk forms a very large integer in the trade and commerce of nations. The natural advantages of the states are favorable to participation in a full share of its culture, manufacture, or commercial transportation ; but foreign treaties and internal legislation have not placed this country a footing with the most favored nations.” It is not my business or intention here to discụss the issue of “free” or “ restricted trade," but I deem it within my province to notice some apparent i:consistencies, which, (althcugh they have a controlling influence in the American silk trade,) cannot be reconciled to any known system of policy or political economy. Manufactured silk; except sewings, from all Europe, are permitted to enter our ports “free,” and the present distress in the country tells a startling tale of the very free use made of the privilege by foreign artisans and foreign ships. While our own manufactures are restricted by a duty of ten per cent from beyond the Cape, and twelve per cent from Europe, on the raw material which was to employ and support this important handi. crast. The same causes which restricted the handicraft, also restricted the “ carrying trade” in “ American bottoms.”

A gentleman of Boston, an enlightened and intelligent traveller, and long a resident of Canton, has furnished me with full and complete returns of the export silk trade of China, from 1831 to 1838, inclusive ; and the facts therein show that of the raw silk annually exported from Canton, only about one hundred and fifty piculs are shipped to America, in American vessels; while the large quantity of nine thousand piculs are sent to England, in English ships, on English account. It is then manufactured in Europe, and sent mosily in European bottoms to enter the American market" duty free !"

I regret that the nature of this communication will not permit giving the valuable details furnished me of the China silk trade, but the export of raw silk from Canton, for a few years, may serve to illustrate the ten. dency of all the Asiatic raw silk trade from ports beyond the Cape of Good Hope.

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EXPORTS OF RAW SILK FROM CANTON.

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The Chinese picul is equal to one hundred and thirty-three and a third avoirdupois pounds. The prices of raw silk at Canton in 1832–3, were for “Nankins," $351 per picul, “ Canton," $255, and “Common quality,” $58.

Under the existing regulations of manufactured silks, an import duty, whether of ten, or ten thousand per cent, on raw silk, can have no influence to encourage or depress the silk culture of the states. This may seem paradoxical, but the elucidation is simple and easily understood. The silk culture is the producing of raw silk. Raw silk has no value, except that arising from its use in “ silk manufactures.” The comparative price of manufacturing labor, enables Europe to make “silk manufactures” much cheaper than they can be made in the states, and by the ex. isting ("free") regulations, Europe can and does supply our market with “silk manufactures” at prices that prevent the possibility of competition by our own manufacturing establishments, which must cease operations and leave the value of raw silk to be regulated by its use in silk manufactures of Europe, where an American import duty of ten or ten thousand per cent cannot affect it. By the present tariff, the only manufactured silk chargeable with duty, from Europe, is the sewings, which pay 28 per cent, and which enables American manufacturers to compete with the European sewings in our market. This at present consumes nearly all the raw silk made in the states, and if an additional import duty was levied on sewings, or if an equal duty was levied on any or all other “silk manufactures” required in the market, then, and not till then, would a duty on raw silk have a controlling influence on the American Silk Culture.

Yours, etc.

C. F. DURANT. Jersey City, Dec. 13, 1839.

Art. VI.-SUGGESTIONS ON THE LAW OF AUCTIONS.

So numerous and diversified are the business relations of men, that in civilized societies there will always exist a necessity for the occasional employment of substitutes or agents. There are several kinds of commercial agencies recognised by law, and of frequent use; to all of them are attached peculiar responsibilities, a knowledge of which, though imperfect, is of importance to those engaged in any of the departments of industry. A common species of agency in mercantile communities, is that of auctioneers. Their duties to principals, to purchasers,

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and to the public, are oftentimes intricate ; they are, in part, prescribed by the common law; in some instances, they are ascertained by an application of the enlarged principles of the civil law; in England and in this country, many of their rights and obligations, particularly their duties to the government, are the subject of special legislative enactment and regulation. It is proposed to present an outline or analysis of the two important statutes of New York upon the subject of auctions, and subsequently to give some of the leading legal principles connected with the agency of auctioneers; in doing this, it is not intended to refer to the authorities from which those principles, or the language in which they are clothed, are extracted, as in articles prepared for popular use, such course is unnecessary.

An auctioneer is a person who is authorized to sell at public auction, for a commission. In the old English law, an auctioneer is sometimes called a broker; but now there is a marked difference between them; for instance, a broker may buy, as well as sell; an auctioneer, generally speaking, can only sell: a broker may sell at private sale ; the auctioneer must sell at public vendue.

Sales by auction are of early institution. The most remarkable instance of such a sale, was the offer of the Roman soldiery, after the death of Pertinax, to dispose of the Roman world at public auction. Historians agree thut the sale was by auction, though they do not concur in the opinion that it was proposed by the soldiers. Gibbon states that the purchase was made by Julian, A. D. 193, for upwards of two hundred pounds sterling to each soldier.

When a sale took place in Rome, a spear was fixed in the forum, by which stood a crier, who proclaimed the articles which were intended to be sold. A catalogue was made in tables, called auctionaria. The seller was called auctor; the bidders, sectores, who signified their biddings by lifting up their fingers, and the highest bidder became the purchaser; the right of property conveyed to the purchaser, was called auctoritas. The custom of setting up a spear at an auction was derived from the circumstance, that at first only those things which were taken in war, were sold in this manner. Hence hasta (a spear) is put for a public sale; and sub hastam venire, to come under the spear, (or as we should say, to come under the hammer,) denotes to be publicly sold. This was termed auctio, increase ; because the goods were sold to him, qui plurimum rem augeret. It was necessary to have permission from the magistrate for a sale.

At a later period, the purchase of goods cried and sold, was proclaimed by sound of trumpet. The use of the spear was continued; whence auctions were called subhastationes, and the auctioneer denominated subhastator.

The usual mode of conducting sales at auction in England and with us, need not be explained. The practice in Holland is this ; an estate is put up at a high price, and if nobody accepts the offer, a lower is named, and so the sum first required is gradually reduced, till some person closes with the offer. Thus, of necessity, there is only one bidding. This kind of sale, by bidding downwards, is called a Dutch auction.

There is a kind of sale practised in England, which is called selling by inch of candle, which is thus conducted. Notice is usually given upon the exchange in writing, and elsewhere, when the sale is to begin, ngainst which time the goods are divided into several parcels, called lots, and papers printed of the quantity of each, and of the conditions of sale, as that none shall bid less than a certain sum more than another had bid before. During the time of the bidding a small piece, about an inch, of wax candle is burning ; and the last bidder, when the candle goes out, has the lot or parcel exposed to sale.

In some cases a price is put, by the owner of the property to be sold, under a candlestick, and it is agreed that no bidding shall avail if not equal to that ; this is called dumb bidding.

In the north of England, sales, where the several bidders do not know what the others have offered, are denominated candlestick biddings.

A very singular kind of sale is mentioned in 1 Dow. iii. The auctioneer was a female, who never spoke during the whole time of the sale, (one is tempted to doubt the accuracy of the reporter as to that matter,) but immediately after any person bid gave him a glass of brandy, and after the sale broke up, he that received the last glass of brandy was, in a private room, declared the purchaser. No “fifteen-gallon law” existed at that time !

We now give an analysis of the statute.

Any citizen of the state of New York may become an auctioneer, in the county in which he resides, on executing and depositing with the comptroller an approved bond in the penalty of ten thousand dollars, with sureties for the payment of the auction duties, and the faithful performance of the duties of his office. The bond runs to the people of the state, and the sureties must be two sufficient freeholders ; if the bond be executed by an auctioneer appointed in a city, it must be taken and approved by the mayor, or recorder, of such city ; if executed by an auctioneer appointed for a county, by any judge of the county courts of such county. The officer taking the bond, must endorse upon it a certificate of his approbation, and of the day it was taken, and deliver it thus endorsed to the auctioneer, who within ten days thereafter must pass it to the comptroller. Every officer taking such bond, must transmit a notice to the comptroller without delay, stating the name of the auctioneer and his sureties entering into the bond, and the day it was executed and approved.

An express clause is inserted in the bond, subjecting the same to for. feiture, in case the obligor shall not render a true and accurate account quarterly, of all goods sold or struck off by him, dated on the first days of April, July, October, and January, in the year for which he is appointed

Each account must state minutely and particularly

1st. The sums for which any goods or effects were sold at every auction held by him, or in his behalf, from the time of his entering into such bond, or the date of his last quarterly account.

2d. The days of sale, amount of each day's sale, designating sales made by himself or in his presence, and those made in his absence by a partner or clerk, acting in his behalf, and specifying the causes of such absence.

3d. The amount of all private sales made by himself, or any of his partpers, on commission, and the days of such sales.

4th. The amount of duties chargeable under the provisions of law, in all the sales, public and private, mentioned in the account. VOL. II.-NO, J.

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