ed Point Loma, when a light cloud was seen to emerge from her side, and the report of her cannon came reverberating among the hills, as if in derision of a government of such pusillanimity. "The local government, exasperated by this open defiance of their authority, sought by more stringent regulations of trade to prevent in future any fraud upon the revenue; and conscious of its weakness at most of the ports along the coast, laid an embargo upon all, with the exception of the more strongly fortified places of Monterey and St. Diego, at which ports, only, foreign vessels were allowed to enter and discharge their cargoes. "This restriction, if insisted upon, would overturn all our calculations, and in fact insure a total failure of the voyage. It was now resolved to write to the Governor at St. Diego, setting forth the fact of our having fitted out from the United States with the supposition that no change would be made in the regula tion of commerce; that the recent alteration had not given sufficient time for the news to have reached us prior to our departure from home, and that consequently, he should take into consideration the embarrassment of our situation, and repeal in some way the restrictions of the new law. "The next day, when I was to look for the first time upon those shores which were to become for some years my home, was necessarily one of great excitement, and I hurried on deck much earlier than my usual hour. Before us lay stretched out the shore, and as it curved away toward the northern extremity of the bay, the swell of the ocean, wave after wave, echoed loud and heavily upon its sands. The sun had just risen, and glittering through the lofty pines that crowned the summit of the eastern hills, threw its light upon the lawn beneath. On our left was the Presidio,' with its chapel dome, and towering flag-staff in conspicuous elevation. On the right, upon a rising ground, was Castillo,' or fort, surmounted by some ten or a dozen cannons. The intervening space between these two points was enlivened by the hundred scattered dwellings, and here and there groups of cattle grazing. seen the "Monterey is situated on the declivity of a beautiful rising ground, the top of which is crowned with stately pines. The gradual ascent to its elevated summit is covered with scattered woods and rich and varied flowers. The woods contain an abundance to gratify the sportsman, and a variety to enchant the botanist." AT SAINT PEDRO. "As we anticipated, our friends came flocking on board from all quarters, and soon a busy scene commenced, afloat and ashore. Boats were plying to and fro, launches laden with the variety of our cargo passing to the beach, and men, women and children crowding upon our decks, partaking in the general excitement. On shore all was confusion. Cattle and carts laden with hides and tallow, "gente de razon," and Indians, busily employed in the delivery of their produce, and receiving in return its value in goods; groups of individuals seated around little bonfires upon the ground, and horsemen racing over the plain in every direction. Thus the day passed; some departing, some arriving; till long after sunset the low white road leading across the plain to the town, appeared a living panorama." SANTA BARBARA. "In the course of a week we sailed for Santa Barbara, where we arrived safely, and commenced landing our cargo. Many of our packages were bulky, and it required considerable care to get them through the surf without damage; and owing to the distance of the ship from the shore, and the rough state of the beach at times, a fortnight elapsed ere everything was disembarked. At length the last load was deposited in the house, and the men were employed in getting on board wood and water; this having been accomplished, the ship made sail, and stood out of the bay, on her way to St. Diego, where she was to take in her home cargo. The breeze was fair, and a few hours carried her beyond the reach of our glasses. So, now I was a resident on shore-a comerciante de Santa Barbara.' My house was a building of one story, containing one large room some fifty feet square, and four smaller ones. The large one was filled to the roof with bales and boxes, leaving a narrow passage only for communication with the other apartments, which were differently occupied. One of these was fitted up with shelves and a counter, serving as a show-room, and another I had transformed into a bed-chamber. I slept in a cot suspended from the cross-beams of the roof; and, besides the necessary furniture of chairs, tables, looking-glass, &c., I had displayed against the wall, two old muskets newly brightened up, two pair of pistols, and a very terrific sword. The sight of these appalling instruments was ample security against the rogues, who were generally lounging about the door, leading from the corridor to the street. I had but one companion, a servant, who had lived for many years in my father's house, and had followed me in my wanderings. Poor David! he was a good, honest fellow, officiating in many capacities, and often remaining in sole charge of a valuable amount of property; but he was fated to meet a watery grave a few years afterwards, in crossing the passage from Santa Barbara to St. Buenaventura. "A launch was to take place at St. Pedro, of the second vessel ever constructed in California. She was a schooner of about sixty tons, that had been entirely framed at St. Gabriel, and fitted for subsequent completion at St. Pedro. Every piece of timber had been hewn and fitted thirty miles from the place, and brought down to the beach upon carts. She was called the 'Guadaloupe,' in honor of the patron saint of Mexico; and as the affair was considered quite an important era in the history of the country, many were invited from far and near to witness it. Her builder was a Yankee, named Chapman, who had served his apprenticeship with a Boston boat-builder. Father Sanchez used to say that Chapman could get more work out of the Indians than all the mayordomos put together." SAN FRANCISCO. "San Francisco has one of the largest and most valuable harbors in the world. Nature has so defended its narrow entrance, that with but little expense it might be made perfectly impregnable. Its steep and lofty cliffs on either side, combined with other prominent locations within, might be so fortified as to bid defiance to the most powerful and determined foe. The soundings are deep, and, in midchannel, may be found in from forty to fifty fathoms. The course for vessels coming in from sea, is generally midway between the bluff points of land.” Commodore Wilkes, in vol. 5, p. 159, of his Exploring Expedition, says: "The combined fleets of all the naval powers of Europe might moor within it ;" which forcibly impresses us with the vast importance of this post to the United States. Possessing already a fleet of some six hundred whalers, valued at least at $20,000,000 in the neighborhood, and daily increasing, a negotiation for the purchase of Upper California ought not to be deferred. And we sincerely hope that Mr. Slidell, as has been stated more than once, is empowered to treat with the government of Mexico for the cession of this valuable province. "The soil is excellent, and perhaps in no part of the world more yielding, particularly for wheat. As an instance of its immense fertility, in this respect, the following circumstance was related to me by the mayor-domo of the mission of St. Jose. Eight fanegas, equal to twelve bushels of wheat, were sowed, which yielded twelve hundred fanegas, or eighteen hundred bushels; the following year, from the grain which fell at the time of the first harvest, over one thousand bushels were reaped; and again, in the succeeding year, three hundred bushels. The average production of wheat is one hundred fanegas for one sowed. In many parts of the country irrigation is necessary, but here, owing to the heavy dews which fall at night, the earth becomes sufficiently moistened for cultivation." We trust that in a new edition, which will doubtless be called for, the author will give us a more particular account of the institution of the Presidios, or mission-stations, and more statistics relative to the resources and trade of California. We are pleased with the justice done to the pious men who founded these stations, and to the good lives of their successors; and likewise that instead of the sweeping denunciations generally branded against religious belief and practice different from our own-against manners and customs at variance with our accustomed notions, our author does ample justice to the people amongst whom he was domesticated; and without apologies for their vices, places their character and habits in such lights as to convince us of the fidelity of his statements, and enables us to judge correctly of the inhabitants of Alta California. The lover of Indian antiquities will be pleased with the translation Chenig-Chenich, appended to the narrative; and although no new lights are thrown upon the "vexed question" of "Whence came the aborigines of America ?" yet the description of the various Indian beliefs respecting the creation of mankind are curious, and afford matter for speculative comparison. When we reflect that this superb region is adequate to the sustaining of twenty millions of people; has for several hundred years been in the possession of an indolent and limited population, incapable from their character of appreciating its resources-that no improvement can be expected under its present control, we cannot but hope that thousands of our fellow countrymen will pour in and accelerate the happy period (which the work before us assures us cannot be distant) when Alta California will become part and parcel of our great confederacy; and that the cry of "Oregon" is only a precursor to the actual settlement of this more southern, more beautiful, and far more valuable region. MERCANTILE LAW CASES. LIABILITY OF BANKS FOR NEGLECT TO PROTEST DRAFTS FORWARDED FOR COLLECTION-DISCHARGE OF ENDORSERS, ETC. IN the Court of Common Pleas, Boston, February 23d, 1846, before Judge Washburn. Joseph Ballister, et. al., v. The Farmers' and Mechanics' Bank. This was an action on the case, brought against the Farmers' and Mechanics' Bank of Philadelphia, for negligence in not protesting in proper time a draft forwarded to them for collection. It appeared in evidence that a draft on John Rinewalt of Philadelphia, for $500, payable sixty days after sight, was deposited in the State Bank at Boston, by the plaintiffs, and by the State Bank forwarded to the Farmers' and Mechanics' Bank at Philadelphia. It was received by the latter bank on the 23d of August, 1844, and presented to and accepted by Rinewalt on the 24th. Consequently it matured on the 26th of October. On the 25th of October, it was handed by the bank to their Notary, and by him protested on that day, and notices forwarded. The Notary returned the draft to the Farmers' and Mechanics' Bank on the 26th, before 9 A. M., and it was enclosed and forwarded to Boston by the mail of that day. The plaintiffs refused to receive the draft, and returned it to the Farmers' and Mechanics' Bank, and claimed to have it passed to their credit. The bank refused to do this, and the plaintiffs afterwards, on the 4th of December, sued Rinewalt, the acceptor, and obtained judgment and execution, but could find no property on which to levy the same. Evidence was introduced by the defendants, tending to show that Rinewalt, the acceptor, was a partner of the drawers, and that he (Rinewalt) was now able to pay the draft. There were endorsers on the draft, as to whose pecumiary responsibility no evidence was put in by either party. It was contended for the plaintiffs-1st. That the bank, having received the draft, were bound to take all the necessary and usual steps to secure its acceptance and payment at maturity, and, in case of non-payment, to protest it on the day of its maturity. 2d. That the bank were guilty of negligence in handing the draft to the Notary on the day before it was due, as they thereby misled him-it being the universal custom of this bank, as was proved, to hand their notes to their Notary to be protested at the close of banking hours on the day on which they fell due. 3d. That the draft having been returned to the bank on the morning of the 26th, the day it matured, it was the duty of the bank to keep it at its counter for payment till the close of business hours, and then to have it protested-and that it was carelessness in them not to do so. It was contended for the defendants-1st. That the bank and the Notary were distinct agents, and that the bank by delivering the draft to the Notary relieved themselves of all responsibility, and that the duty of protesting the draft at the proper time devolved upon the Notary. 2d. That the jury could give no damages, because there was evidence that Rinewalt, the acceptor, who was still liable on the draft, was good for that amount. 3d. That if Rinewalt was not good, still the plaintiffs could not recover, because they had not proved that the endorsers and drawers, who were discharged by want of protest on the proper day, were able to pay the debt had they not been discharged. It was further contended that there being evidence that the drawers and acceptor were partners, the drawers were not discharged, because they were not entitled to notice. Washburn, J., instructed the jury that it was admitted that the draft was not protested at the proper time, and that thereby the endorsers were discharged, and also the drawers, unless they were partners of Rinewalt, and drew on partnership account, but without funds in Rinewalt's hands-that this was the result of negligence somewhere-that it could not be charged upon the bank, if they had given the draft to a proper Notary, at a proper time-but if they gave it to him at such a time as to mislead him, and the effect was to mislead him, they would be liable-that if the draft came back to them during the business hours of the 26th, and they knew it matured on that day, which they were bound to know, if it was in their possession, then their duty was to send it back to the Notary, to be protested on that day-that if they found the bank guilty of negligence, then the plaintiffs were entitled to a verdict that in making up the amount of damage, they were to assess the actual damage the plaintiffs had sustained that the question, whether the draft was now of any, and, if so, what value, was open for their consideration. The jury found a verdict for the plaintiffs, and assessed damages at $539. C. T. & T. H. Russell for the plaintiffs. C. G. Loring and Geo. W. Phillips for the defendants. COMMISSION MERCHANTS-ACTION OF ASSUMPSIT. In the Supreme Judicial Court of Massachusetts, before Judge Hubbard, an action of assumpsit was brought by Upham, Appleton & Co., v. Robert Lefaror, to recover a balance of $2,521 26, alleged to be due to the plaintiffs from the defendant, on the first day of October, 1844, the date of the writ. The plaintiffs are commission merchants in Boston, and on the first day of May, 1844, they agreed to advance money to the defendant, and to furnish him with their acceptances, to enable him to purchase sheep-skins, upon an agreement to pull and consign the wool to the plaintiffs for sale, upon a guaranty commission. In pursuance of this agreement, the defendant made a large purchase of skins in Albany, in May, 1844, and drew for cash and on time upon the plaintiffs, who honored all his bills. The cash advances were about $2,500, and the acceptances $1,700. When the acceptances were maturing, the plaintiffs had not received the wool, and the defendant, having no means to enable them to take up their acceptances, proposed to the plaintiffs to furnish new acceptances, which he would procure the money upon, to enable them to provide for the first drafts. This was done, and soon after the greater part of the wool was received by the plaintiffs, and some sales were made. But the plaintiffs were then satisfied that they should not be reimbursed from the sales of the wool, and in consequence demanded additional secu rity of the defendant. This not being furnished, the plaintiffs stated their account, so as to show the balance of cash advances then made by them, excluding the outstanding acceptances, and brought the present action to recover this balance, and attached property of the defendant. Soon after, the plaintiffs were compelled to take up their acceptances, before receiving any thing from the sales of the wool, except a very small amount. The case now came before the court upon the report of the auditor, to whom the same was referred, and the principal facts appeared by that report, and the correspondence annexed to it. The defendant contended that the sales of the wool should be credited by the plaintiffs in the order of time in which they were received, and that being applied in this way to the first items of indebtedness in the account, they had extinguished the plaintiff's cause of action. The plaintiffs, on the other hand, contended that a commission merchant is authorized by law to apply the proceeds of the consignment to pay any subsequent item charged against the consigner before the proceeds are received, and to bring an action for any previous sums of money advanced to the same consignment. Hubbard, J., delivered the opinion of the court. 1. It is a well established principle in the law merchant, that a commission merchant is bound to wait only a reasonable time for reimbursement of his advances, and then, if the goods are not sold, he may call for payment, or further security, and may sue for the amount due. The plaintiffs therefore had a good cause of action, when the suit was brought. 2. The plaintiffs had a right to apply the proceeds of the goods, as they were received, towards the discharge of the moneys paid for the defendant after the suit a brought, but paid prior to such receipts. This was an appropriation which the plaintiffs had a right to make, in the absence of any direction from the defendant, if he had had any right to control it; and the bringing the suit by them was evidence of such intended appropriation, coupled with the manner of stating and separating their account. The plaintiffs by their attachment had added to their security, and it is one of the rules of law, where other rules do not interfere, to apply payments to the debt not secured either by property or by action. Judgment for the plaintiffs for the whole amount claimed, deducting the sum of $250 received before any acceptances had matured. THE LAW OF PATENT-INJUNCTION IN THE CASE OF ESSEX HOSIERY MANUFACTU- In the United States Circuit Court, (at Boston,) before Judge Sprague. This was a proceeding for an injunction, which came on for a hearing on the bill and affidavits. The plaintiffs set up a patent for an improvement in the rotary power stocking loom, issued to Richard Walker, December 5, 1839, and which had come to them by sundry intermediate assignments. The defendants had built and used machines, according to the subsequent patent issued to the said Richard Walker and Jefferson McIntire, February 12, 1844, and which had been assigned to the defendants. It was alleged that the machines built under the second patent, were an infringment on the plaintiff's rights. The case occupied the court for more than a week. Sprague, J., in delivering his opinion, said that a preliminary injunction should only be issued for the purpose of preventing mischief, and in aid of the legal right. A judgment at law, although the best evidence, was not the only evidence of the legal right; but, in its absence, the court would look more carefully into the circumstances of the case, and especially to the mischief that might be produced by granting an injunction. The vigilance or acquiescence of the complainant, were also circumstances requiring attention. 1. As to the point of mischief; the defendants had a manufacturing establishment, of more than $100,000 capital, and employing more than a hundred workmen. An injunction, by arresting their business, would produce great mischief, for which, if the suit should terminate in their favor, there would be no remedy. On the other hand, there was no doubt of their pecuniary ability to pay the damages which should be awarded, in case the suit should be determined in favor of |