each having its own clergyman. There is certainly a great improvement going on in the moral and social condition of the inhabitants, and they will bear comparison in these respects with any marine town in our country of its size. The Hon. Judge Marvin, through whose court a large amount of property annually passes, has presided on the bench for several years, dealing even-handed justice to all, and has given satisfaction to all parties interested.

KEY WEST, December 31st, 1850.

ELWOOD WALTER, Esq., Secretary Board of Underwriters, New-York:

DEAR SIR-I would respectfully submit to my employers my usual report, and a condensed report for the past six years, with such brief remarks upon the passing affairs of this part of the United States as will be interesting to commercial men.

The number of vessels that have put into this port in distress, and been ashore on the reef in the past year, is thirty.

Number of vessels under the head of marine disasters that have been re

Nothing has occurred out of the usual course of events since my last report. The Coast Survey progresses slowly. The Light on Carysford Reef will not be finished for some time. Government is building a light-house on Sand Key, near this place. Fort Taylor is now safe from hurricanes, as the foundation is finished, and it is now being filled up. The Government works at the Tortugas are progressing. The health of this place has been good during the year, with the exception of the month of August, when more than half the population were sick. There are, in my opinion, more vessels and men in the wrecking business than are necessary. The population of the island is increasing, and unless business should increase, there must soon be a large number of unemployed persons.

In my last report I glanced at the value of this place as a naval station. I have not changed my views. This port ought to be looked after by Government. It is a very important point, and when the Tehuantepec canal or railroad, and other connections, are completed to the Pacific, with the increase of Commerce that must follow, Key West, the only port of safety for vessels of a heavy draft from Pensacola to Cape Henry, should be protected.

Respectfully, your obedient servant,

JOHN C. HOYT.

If the Key-Westers are not entitled to the reputation of pirates, they are among the most remarkable and successful spongers in the country. The reefs abound in sponges, and large numbers of the people are now engaged in collecting them. It is quite a profitable branch of business, so much so, that most of the fishermen have abandoned their craft for this new and more lucrative employment. On this account, though the waters abound in many desirable species, a fresh fish is a great rarity at Key West, and they who keep Lent conscientiously must practice the abstinence of an anchorite. The gathering of sponges, at the present rates of sale, will pay 40 to 50

dollars per month to the hands employed. It is supposed that the amount of shipments in this article is not less than 50,000 dollars per annum. The sponges, when taken from the rock, are full of life, and are left, for a considerable time on the rocks, putrefying in the sun. They are cleansed with no little labor, brought to town, and spread out, by the acre, to dry. They are then packed and pressed in bales, shipped to New York, and there sold mostly for the French market, where they are largely used in the manufacture of felt for hats.

A large portion of the population of Key West consists of emigrants from the Bahama Islands. They are called Couch Men, or Couchs, chiefly from their skill in diving, and the part of the city they occupy is familiarly designated as Couch town. They are a hardy, industrious, economical, honest race, all getting their living from the water, wrecking, sponging, turtling, fishing, diving, &c. In the latter, they are very expert, and have been known to find the bottom in seventy feet of water.

Many of the leading merchants are from New England. The society of the place is excellent. The people are very social and hospitable. The ladies are intelligent, accomplished and refined; and no man of taste could fail to enjoy a winter sojourn in the island. Among the young men, there is a Temperance Association, which is large and prosperous, and promises to be of great benefit to the morals and happiness of the place.

4

In the United States District Court, which has cognizance of all the cases of wrecks and disasters, Judge Marvin presides, with great ability and universal acceptance. William R. Hackley is District Attorney, and worthy of a better place. In the State Circuit Court, Judge Lancaster at present occupies the bench, a gentleman of liberal views, large intelligence, and courteous manners-one of your old school gentlemen lawyers. The Jail, a substantial stone building, about 30 feet square, is almost tenantless-the office of keeper quite a sinecure.

Senator Mallory, who, though a decided Democrat, was elected, last winter, by a Whig Legislature, solely because they thought he could be relied upon to support the constitution against the madness of Southern agitators, is a man of mark. Self-educated, and self-made, he has, by industry, perseverance, and an indomitable energy of character, risen to his present high position, which it is not doubted he will maintain, with honor to himself and dignity and advantage to the State. He is a man of great industry, and said to be possessed of unusual powers of memory.

The first light-house was erected in 1823. It was near the shore, and was carried away, with the house adjoining it, in the great flood of 1846. The entire family of the keeper, consisting of fourteen persons, perished in the ruins, of which scarcely a trace remained on the following day. A new and very substantial one was erected in 1847, standing some distance from the shore, and on the highest spot of ground in the island. It can be seen 16 miles at sea. There is a light-ship anchored on the reef, at the western entrance to the harbor, about 9 miles' distance, and a substantial iron lighthouse is now in the process of erection on Sand Key, about 11 miles S. S. W.

The Marine Hospital is a fine airy building, 100 feet by 45, erected under the superintendence of Col. Simonton, in 1844. It stands close on the shore. It is beautifully ventilated, and enjoys the benefit of every cool breeze that comes along. It possesses every comfort for the sick sailor, and is equal, in all that constitutes a home-like retreat for the invalid, to any

similar institution in our land. The plan of the building is peculiarly well
adapted to the climate, where the chief desiderata are, a shelter from the
sun and a good circulation of air. A central building, about 45 by 20, is
flanked by two others of the same dimensions, standing at right angles to
the former, and distant from it ten feet. It is in the form of the letter
H, the two uprights being a little separated from the transverse. In this
space between the central and outer buildings, are the stairs, leading to the
upper stories, with a wide gallery, which extends quite round the central build-
ing, and is protected, in its whole length, from top to bottom, by Venetian blinds.
The rooms, throughout, are separated by folding doors, which being thrown
open admit the air from any direction in which it may be moving. This
building is now, unfortunately, much exposed to the washing of the
sea, by
the removal of a large quantity of sand, on the west side of it, for the pur-
pose of filling in Fort Taylor. In the event of another such inundation as
visited the island in 1846, it will inevitably be carried away, unless pro-
tected by a substantial sea-wall. It is hardly to be expected that Uncle
Sam will think of it, till it is too late. We may therefore confidently pre-
dict its downfall, at the next return of that same hurricane.

Fort Taylor, now in the process of construction, under the superintendence of Capt. Dutton, is situated at the north-western angle of the island, just within the main entrance to the harbor. It is built on an artificial island, made by the deposit of many thousand tons of stone. It stands about 1,000 feet from the shore. It is 700 feet long in the rear, by 250 deep. The front facade is 253 feet, within the bastions, the curtains being of the same length as the front. It is very substantially built. A large sum of money has been expended upon it already. Before it is completed, it will have drawn upon the Treasury to the tune of a million and a half, or more.

At the eastern part of the island, there is a natural salt pond, covering 340 acres, which, with slight arrangements to control and regulate the influx of the water, by means of a canal, 40 feet wide, has proved quite profitable. It was nearly destroyed by the flood in 1846, but has been restored to a better condition than before. Its present enterprising proprietor, Mr. Howe, is doing well with the business. He makes an average of 30,000 bushels of salt, which is worth 20 cents on the spot.

The communication between this little island and the great world, is irregular and unfrequent. The only regular direct communication, is with Charleston and Havana, by means of the steamer Isabel, which touches, leaving the mail on her outward passage, and taking it on her return. This gives them a mail once in two weeks. By this means, also, they are regularly supplied with vegetables, fruit, &c., &c. Besides this, there are occasional vessels, small craft, from St. Mark's, Mobile, New Orleans, &c., but so seldom and irregular, that one may often wait two or three months for a passage.

Transient vessels would touch there more frequently in passing, but for the exorbitant rates of pilotage now charged under a recent enactment. These charges are five dollars a foot for United States vessels. For merchantmen, four dollars a foot for vessels drawing over 16 feet-three and a half, if over 12 feet-and three if less than 12 feet. A large ship, passing in February last, made signals for a pilot. The captain was sick, and wished to come on shore. The pilot brought him in, and the ship went on her voyage. The pilot charged and received sixty-four dollars for this service. It is hoped that others will take warning from this example, and avoid touching there, when by any possibility it can be done. The harbor is easy of

navigation, and demands no extra skill, or responsibility on the part of the pilot. The charges are preposterous and abusive.

Allusion has been made several times to the hurricane and flood of 1846. It took place on the 10th of October, and was very destructive. The water, driven in by the violence of the wind, rose over the wharves, flooded the streets, and covered almost the entire city to the depth of several feet. From noon of Sunday till about daylight on Monday morning, it stood three feet over the floors of most of the buildings in Duval and the adjacent streets. The wind blew a hurricane all the time, and the usurping waters surges to and fro with terrific and destructive violence. Many buildings were unroofed, and many more were entirely thrown down. The LightHouse has already been spoken of. The Custom House, and the Episcopal Church, both built of stone, shared the same fate. Boards and timber were blown about like shingles. Nearly all the cocoa nut and orange trees on the island were rooted up and destroyed. A large box, containing muskets, which was in the fort, was found, the next day, on Tifft's Wharf, nearly half a mile distant. A grind-stone, from near the same place, was found on another wharf, and heavy timber from the wharves was piled up in different places, making the streets nearly impassable. Wrecks and parts of wrecks were found all over the island. The grave-yard which was on the southern shore, was wholly uncovered, and bones, and skeletons, and coffins, dashed about, and scattered far and wide. After the storm subsided, one coffin was found standing upright against the bole of a tree, the lid open and the ghastly tenant looking out upon the scene of desolation around, as if in mingled wonder and anger that its rest had been so rudely disturbed.

JOURNAL OF MERCANTILE LAW.

ACTION TO RECOVER EXCESS OF DUTIES-OF THE RIGHT OF SHIPPING MERCHANTS TO HAVE INVOICE PRICES, WHEN STATED IN FOREIGN CURRENCY, VALUED AT A SPECIFIC STANDARD, &c.

In United States District Court, April Term, 1851. Before Judges NELSON and BETTS; J. S. McCulloh for Plaintiff. J. Prescott Hall, U. S. District Attorney for Defendant. Samuel Grant vs. Hugh Maxwell.

June 2, 1851. Betts, District Judge, delivered the opinion of the Court. The action in this case was brought against the Collector, to recover an excess of duties alleged to have been exacted by him, and paid by the plaintiff, on the importation of an invoice of goods from Trieste. A verdict was taken on the trial, by consent of parties, in favor of the plaintiff, subject to the opinion of the Court, and to correction and adjustment at the Custom-House.

The main facts in the case are not in dispute. The goods imported were purchased in Austria, and shipped at Trieste, for the United States.

The invoice and entry represented the true purchase and market price in Austria in paper florins, equal in value to silver florins, at 19§ and 18 discount, according to the different periods of purchase.

This depreciation was proved by the official certificate of the United States Consul at Trieste, and also by the testimony of witnesses examined on the trial. It was further proved that the legal currency in Austria at those dates, was paper money, estimated in florins and made by law a lawful tender at their nominal value.

Some questions were raised at the trial, and reserved on the case as to the

admissibility of particular portions of the evidence, but not being pressed on the argument, they are not now noticed in the decision of the Court.

By Act of Congress, passed May 22, 1846, (Sessions Laws, p. 21, ch. 23,) it is enacted, that" in all computations at the Custom House, the foreign coins and money of account herein specified, shall be estimated, as follows," (amongst other currencies specified,) "the florins of the Austrian Empire, and of the City of Augsburgh, at forty-eight and one-half cents, and all laws inconsistent with this act are hereby repealed." (Session Laws ch. 23, p. 21.)

For the defendant it is urged, he was bound by the terms of the act to charge duties on the goods in question, rating the florins of the invoice at forty-eight and a half cents each, without regard to their specie value or depreciation.

The plaintiff, on the other hand, claims the goods are subject to duty only upon their cash value abroad, and that he is entitled, in order to fix that value, to have the paper or nominal value in which they were purchased and are invoiced reduced to its specie value in Austria, and to enter the goods on that valuation.

The purpose of the Government in all its laws imposing ad valorem duties on foreign merchandise imported into this country has been to take the true value of the goods in the country producing them, or in which they were obtained, ascertained by the actual purchase price, or market value as the basis upon which amount duties are to be computed.

This is manifested in the various revenue laws, from time to time introducing new provisions to enable the Collectors to fix the foreign value correctly, and to render duties uniform. The oaths exacted to invoices and on entries, and the enlarged powers conferred on appraisers, together with the early regulation by law of the value of foreign currencies, with the methods of determining their depreciation are all designed to accomplish that end. The enactments to this purpose are found in the Acts of 1789, 1790, 1799, 1801, 1823, 1828, 1830, 1832, 1842, and 1846. (1 Statutes at Large, 24 ibid., 180 ibid., 627-2 Stats. at Large 121, 3 ibid. 729, 4 ibid. 270, ibid. 583, 5 ibid. 563.)

The invoice value of merchandise must be expressed in money, and the invoice and entry must particularly specify what money the goods are bought and valued in, (1 Statutes at Large 655 (36,) and they must be invoiced in the currency of the country whence imported without respect to the intrinsic value of the money or the standard of the United States fixed for its value, (2 Statutes at Large 121 { 2.)

Still the actual wholesale cash value is to be ascertained, and made the dutiable basis, notwithstanding any affidavit or invoice statement or valuation. (5 U. S. Statutes, 563 § 16.)

The earlier and later enactments concur in enforcing the one prominent object, that of having at the Custom House the actual value in cash of the merchandise imported at the places of its exportation. To make that purpose effectual, in addition to the regulations respecting invoices, entries, and appraisals, Congress by the Act of 1799, 61, fixed the rates at which all foreign coins and currencies shall be estimated in the United States, giving to various known denominations of foreign money a specific value, and requiring all other denominations to be estimated as nearly as may be in value, to such fixed rates, or the intrinsic value thereof, compared with money of the United States, (1 Statutes at Large, 673.)

The following proviso was added to the section, "That it shall be lawful for the President of the United States, to cause to be established fit and proper regulations for estimating the duties on goods, wares and merchandise imported into the United States, in respect to which the original cost shall be exhibited in a depreciated currency issued and circulated under the authority of any foreign government."

The main question submitted to the Court for its decision upon the arguments of the respective counsel accordingly is, whether the Act of 1846 covers the subject, so that the cost price of the goods must be estimated at forty-eight and a half cents the florin, stated in the invoice, or whether the proviso to the 61st section of the Act of 1799 operates in the case, and entitles the plaintiff to enter