the management of the work. A cash letting, I have no doubt, could now be made below my estimate, but some items will always be suggested in the progress of a work which cannot be anticipated. If the Board had the available means to apply to the work, there are many important reasons in favor of its immediate construction. Provisions are cheap, and labor can be procured low. Material is also cheap, and other improvements have not been made, so as to require a large item to be set down for private damages. The settlement of the country would be accelerated by its early construction, and the work would secure a precedence which would be of great advantage in view of other works that are contemplated and certain to be made. When completed according to the plan here proposed, it will be seen, that by the improvement the distance from the mouth to the Raccoon Forks, will be in round numbers one hundred and eightythree and a half miles. The mouth of the river according to M. Nicolett is in N. Latitude 40° 21' and 43"-and in Longitude 91° 32' 30'. The Raccoon Forks are in Latitude 41° 34' 44"-and Longitude 93° 37' 7". These observations show that Fort Desmoines is 124 1-2 miles West, and 73 miles North of the mouth of the Desmoines; and the straight line from the mouth to Raccoon Forks is therefore 144 miles; which determines the difference between the straight line and the line of our improvement, to be 39 miles. The road generally travelled varies almost the same, and a rail road which may be located on the ridge parallel to the river, would not save much in the distance, compared with the river improvement. Steamboats pass the improved locks on the Kentucky river, Monongahela and Muskingum in less than eight minutes, the time therefore required for passing 30 locks on the Desmoines Improvement may be safely put down at 300 minutes, or 4 1-2 hours. Boats can run on the pools faster than they can on the Mississippi, and therefore I think at the rate of 15 miles an hour, which for the whole distance of pools and canals would be less than 13 hours; add two-thirds of an hour for casualties and you have my estimate of the time required for packet boats to pass from the mouth to the Forks--18 hours. Lockage time on such an improvement, is not lost time; because landing passengers and freight can always proceed during the same time, and business will assume such a form as to apply every moment of the lockage time to the business of commerce. The time therefore which will be required to pass this improvement, will be sufficiently reduced to compete with stage travel by the road, and the business and travel of the Upper Desmoines country will justify the employment of a line of packet boats between St. Louis and Fort Desmoines, as soon as the improvement can be completed. Steamboats of 500 tons burthen run. on the Muskingum improvement where the locks are much smaller than those we are constructing on the Desmoines. Transportation of freight will therefore be cheaper, even if it is made to pay the same exorbitant tolls.

Without going into details of comparison, I estimate the freight on a barrel of flour from Raccoon Forks to the mouth of the Desmoines, at 25 cents a barrel, and on wheat 8 cents a bushel. Much depends on the amount of toll required to pay for work and keep up the improvement; and I make my estimate by comparing it with what it costs on public works of this kind elsewhere. By flat boats it would

cost about one half this sum, i. e., 12 1-2 cents a barrel for flour, and 4 cents a bushel for wheat.

In time, and expense, and certainty; the plan of the Desmoines Improvement will compare favorably with any improvement in any State, and the more I consider the country which is likely to contribute to its commerce, the more certain I am of its great importance.

Let us suppose all the commerce within ten miles of the Mississippi will be hauled into Keokuk on wagons, and suppose ten miles from the lower end we appropriate only the business within 5 miles, and say ten miles back from the Mississippi, the improvement will carry off the surplus within 5 miles on each side. Go up to Raccoon Forks, and it is certainly fair to say this improvement, with its milling and manufacturing power and other inducements, will draw in the trade. within 60 miles of Raccoon Fork. Indeed at 60 miles distance, there is no prospect of a rival to the Desmoines Improvement, and reference to the map will show that such is the distance to the Missouri, Mississippi and all other streams from Fort Desmoines; that we cannot doubt the reasonable prospect of this point being the centre of business for a country one hundred miles West and North West of it. But assuming 60 miles, and it now commands "this extent," we have a surface ten miles wide at the East end, 120 miles wide at the Forks, and, without counting anything for ten miles nearest the Mississippi, 134 miles long. To this area must then be added a semi-circle with 60 miles radius, which lies West of Fort Desmoines; which being computed gives for the surface drained by the Desmoines Improvement, 14,364 square miles, or 9,092,960 acres of land.

This is what I consider the country immediately attached and tributary to this river. There is a vast country North-west of Fort Desmoines, the Cocteau des Prairies, which will send a portion of its products down the upper branch of the Desmoines. The Desmoines is longer above Fort Desmoines, than below. It rises, according to M. Nicolett, in the Shetek lakes, latitude 44 degrees to 3'-Longitude 90 degrees 1' 30"; a point 138 miles North and 144 West, and, therefore, in a straight line 200 miles from Fort Desmoines. Some improvement will be made to secure an outlet for the products of this country, and the most natural one will be by the valley itself, which, according to M. Nicolett, is peculiarly adapted to water navigation. He says, "the hydrographical relations of the Desmoines, with the Mankato, St. Peters and Mississippi rivers, present a geographical incident of some interest. By referring to the map in latitude 43 degree 45'-Longitude 95 degree 12', (a point 161 miles above Fort Desmoines,) it will be seen that there is a lake very near the Desmoines named Tchan Sketcha, or Dry Wood lake: The Wutanwau river which is a tributary to the Mankato, that empties itself into the St. Peters, has its source in this lake.. Now the tongue of land separating the Desmoines from Tchan Sketcha lake, is not more than a mile to a mile and a half broad, so that, were a canal cut across, the waters of the Desmoines would be made to communicate with those of the St. Peters." This not only shows that others have conceived the idea of improvement of the river above the Raccoon Forks; but the Shetek lakes and the connection with the St. Peters are, indeed, extraordinary incidents in favor of such an improvement. I have before also alluded to the proximity of the western terminus of the

Desmoines Improvent to the valley of the Nebraska; and here reiterate the probability of a connection with that valley, which will draw in a share of the trade and travel of the far West. But excluding the advantages which we may derive from extended works, and confining ourselves to the surface I have suggested as the legitimate field which is destined to produce a commerce for this river, and the importance of the work is enough to command the united energies of the whole State. The county of Wayne in the State of Ohio, produced in 1840, according to the census of that year; 1,763,741 bushels of the various cerial grains, wheat, corn, rye, &c. It now no doubt produces more than 2,000,000 of bushels. The Desmoines country that I have here been considering, is decidedly richer and more capable of producing these grains than the county of Wayne; but taking this as a unit, then the area drained by our improvement would, with the same culture, produce 42,000,000 of bushels. This is only one item, to which may be added the wool, potatoes, hay, apples, manufactured articles; to say nothing of the coal, and other mineral products that will swell the annual wealth of the country and enlarge the commerce of the river. Settlements are now rapidly extending over all parts of this area, and such is the ease of preparing and cultivating the soil, that I hazard the opinion that ten years of labor in this section of country, will do no more towards perfecting a farming district, than can be effected by 40 years of the same amount of labor applied to a heavy timbered country like the county of Wayne. Counties on the Desmoines which commenced their settlements five years since, now send off a large surplus of cerial grains, besides a greater surplus of horses, beef cattle and hogs. These considerations demonstrate, that we cannot easily over estimate the products of this country or too soon prepare a market for its accumulating surplus. An important item of commerce on this river will be derived from the mineral products of the valley to which I have before alluded. Stone coal appears to increase in quantity and quality as we proceed up the Desmoins. It is found in many places in bluff banks where it can be wheeled directly from the mine into the boat; and we may form some idea of the convenience of mining from the fact that with the imperfect arrangements now adopted, it is delivered at the mouth of the coal bank at Fort Desmoinse, at 2 1-2 cents per bushel. This is the bank belonging to Mr. Vaux, and I suppose is no more than a fair specimen, since I found the strata of coal in different places to vary from 2 to 8 feet in thickness, and this stratum at the Forks is about 5 feet thick.

As this Desmoines coal field is the farthest West, it is of great importance to the Mississippi valley, and it will be matter of interest connected with the proposed railroad to the Pacific, since this valley will probably offer the nearest and most convenient fuel to supply the destitute country west of the Missouri river.

Gypsum (Plaster of Paris) is found near Fort Desmoines in large cliffs of inexhaustible masses, and at present prices in St. Louis, it would be a profitable article of commerce if the improvement were completed. The magnesian lime stone, and the white, red and yellow sand stone which prevail in great abundance along the entire length of the improvement, are so excellent and easily prepared for building purposes, that they will also some day be carried to towns on the

Mississippi. The rough and rock head lands near the mouth, at "Cowpen's old mill," at "Raven Cliff," ""Elk Bluff," and the beautiful mountain of "Red Rock,"-all noted land marks that have stood for ages as silent and gloomy sentinels, guarding the clear bright river that flows at their base-will be rent by the blast and broken by the workmen; and their fragments will be removed and erected into mansions which will adorn the citses on the Mississippi, and the valleys and hills of the surrounding country.

ART.IX. COMMERCIAL LAW.

IMPORTANT DECISION TO COMMISSION MERCHANTS.

The New York Journal of Commerce reports the following important decision lately in the Supreme Court of that city. It but affirms old principles of law, but principles very important to be observed by commission merchants.

COURTS, TUESDAY-SUPERIOR COURT.-Before Judge SanfordIsaac Milbank et als. vs. Alexander Denniston and others. Action to recover from defendants a loss sustained on the sale of flour, caused, as, plaintiffs alleged, by the defendants to whom the flour was consigned having sold it at an improper period, and contrary to the owner's instructions. The plaintiffs are merchants in the city, and the defendant s are members of a house doing business here and at Liverpool. In the month of June, 1846, the plaintiffs advised the branch of the house in Liverpool that they were about to consign two parcels of wheat to them, one of 500 barrels, by the Ship Nicholas Biddle, and another of 400 barrels by the Georgiana. In their letter so informing the defendants, dated the 25th of June, 1846, they said to them:

"You will please make no disposition until we give our wishes, per Caledonia, unless 22 shilling, in bond, be obtainable, in which case, if in your judgement you deem it our interest." On the 27th

of June the plaintiffs wrote another letter to the defendants, in which they referred to the expected passage of the corn law in England, and its probable effect on the market, by admitting for sale a large quantity of corn, then in bond, and said: "We fear that the first introduction, for sale, may tend to lower prices. But that after stocks now in bond shall be reduced by consumption, &c., an improvement may ensue. We would, therefore, express our desire that these parcels may be withheld from the market until the operation of the new law shall have produced its result; though if 22s. in bond be obtainable, and you think our interest dictates such sale, please so dispose of it."

The Nicholas Biddle arrived at Liverpool on the 18th of July, nearly

at the same time that the defendants received the above letters. They caused the above wheat, which she brought, to be put in store, and on the 23d of August, wrote to the defendants in relation to it, saying that whether the wheat was sour or not, they feared it must be sold soon on account of its coming from New Orleans. In this letter they gave intimation of of their intention to sell it immediately. But on the 4th, 5th and 7th of August they did sell it, at 21s per barrel; and when they informed the plaintiffs of having done so, the latter expressed dissatisfaction at the defendants having acted contrary to their instructions.

For the defence, it was contended that the defendants had acted in conformity with their instructions; that the corn law had passed on the 26th of June, and that there was full time to ascertain the effect of its operation in August, when the flour was sold. It was also attempted to be shown that the then prospect of the coming harvest indicated that no higher price would probably be obtained for the flour if the defendant held it over. In reply to this, however, it was shown that about the time the flour was sold, or very shortly after, it was known that the potatoe crop in Ireland had failed.

The wheat, per the Georgiana, did not arrive in Liverpool until the middle of August, and this parcel the defendants held over until the beginning of October, when they obtained 29s. 9d. for it. The plaintiffs now allege that had the defendants held over the first parcel, as they did the second, in accordance with instructions, it would have brought the same price; and that by the defendants not doing so, the plaintiffs lost the difference between the two prices, for which they now claimed compensation. The plaintiffs also contended that independent of these instructions, the defendants had rendered themselves responsible by an undue want of diligence and skill in selling the wheat at the time they did.

The court charged the jury: This case was of great importance to the parties concerned, and which ever way the verdict might be, it must occasion a great loss. The court then detailed the facts of the case, and said that the plaintiffs claimed to recover on two grounds.First-that they gave instructions which the defendants were bound to obey, and that in consequence of their not doing so, the plaintiffs sustained a great loss on the wheat sent by the Nicholas Biddle. The other ground is, that the defendants, irrespective of the instructions they received, did not, in the sales made in August, exercise that reasonable skill which they were bound to do. In the plaintiffs letters of June 25th and 27th, they instructed the defendants that the flour should not be sold until the operation of the corn law was known unless 22 shillings were got for it, and that the defendants thought it for the plaintiffs interest to sell it. These amounted to specific instructions, which the defendants were without any doubt bound to obey, although they had made advances concurrent with those instructions.

The first question for the jury was, did they obey those instructions? Were the sales made on the 4th, 5th and 7th of August, made before the operations of the corn law could be ascertained? This was a question which we are perhaps not as competent to decide as would be a jury in Liverpool, but we must decide on it from the best lights we have. It appears that the passage of this corn law had been long agitated, its passage was expected, and it did become a law on