posited in a secure store or warehouse, and they may assert their rights as may appertain to each respectively, according to law.

CCXIX.

Within twenty-four hours following the receipt of the merchandise, reclamation shall be made against the carrier for the damages or averages which he may find in the merchandise on opening the bales. In case the average or damage should not be discovered by indications on the external part of the bales, the damage or average which may be reclaimed after the said term of twenty-four hours, on the transportation being paid for, every claim against the carrier, on account of the condition in which the delivery of the goods is made, is inadmissible.

CCXX.

The carrier is responsible for all the results which may happen by his omission to comply with the formalities prescribed by the fiscal revenue laws in the whole course of the voyage, and to his entry into places to which they are destined; but if the carrier shall have proceeded, in the course of the carriage, in virtue of a formal order of the shippers or consignee of the merchandise, he shall be exempt from such responsibility without prejudice to the penalties, corporal or pecuniary, which both may have incurred according to law.

CCXXI.

The carrier is under no responsibility to investigate the title by which the consignee receives the merchandise which he transports, and is bound to deliver the merchandise without any delay or hesitation (entorpecimiento,) by the single fact of his being designated in the bill of carriage to receive them. In not doing it, he renders himself responsible for all the damages which may be caused by the delay to the proprietor.

CCXXII.

The consignee of the goods which the carrier transports, not being found in the domicile indicated in the bill of ladings, (carta de portes,) or refusing to receive them, their storage shall be provided for by the local judge, to the order of the shipper (cargador,) without prejudice to the better right of a third party.

CCXXIII.

A shipper can vary a consignment of the goods which he delivers to the carrier, while they are on the route, and the carrier shall comply with such order, on condition that, at the time of presenting the variation of the destination of the goods, there shall be returned to him the duplicate of the letter of portage signed by the carrier.

CCXXIV.

If the variation of the destination ordered by the shipper shall require that the carrier vary the route and pass by the point designated in the letter of the portage for the delivery, that shall be fixed or agreed on by common consent and alteration to be made in the price of the carriage or transportation; and otherwise, the carrier shall not be obligated any further than to make his delivery in the place mentioned in the first contract.

CCXXV.

When an express agreement is made between the shipper and the can rier, in respect to the route by which the transportation is made, the carrier must not vary his route; and in case he does so, he makes himself responsible for all the damages which may happen to the goods which he transports, from whatever cause, besides paying the penalty which may

have been inserted in the contract. If no such contract has been made, it shall be at the pleasure of the carrier to choose the route which is most convenient; it being understood that he takes a direct route to the point where he is to deliver the goods.

CCXXVI.

The time being fixed for the delivery of the merchandise, it shall be verified within such time, and in default of it, the carrier shall pay the indemnity agreed upon in the letter of portage, without the carrier or consignee having a right to any other thing besides; but when the delay shall exceed double the time fixed in the letter of portage, besides paying the indemnification, the carrier shall be responsible for the damage which may have accrued to the owner.

CCXXVII.

The term having been fixed for the delivery of the goods, the carrier shall be bound to conduct them on the first voyage or journey which he may make to the point where the goods are to be delivered; and not doing it, he shall be chargeable with the damages which may happen from the delay.

CCXXVIII.

The effects transported are specially hypothecated for the price of the transportation, and of the expenses and duties caused in their transportation; this claim may be transmitted successively from one carrier to another, up to the last who makes a delivery of the goods, who shall assume on himself the legal duties of those who have preceded him in the transportation.

CCXXIX.

The privileges established in the preceding article in favor of the carrier upon the goods which he conducts, cease when they pass to a third person, after three days have transpired from their delivery; or if within a month following the delivery, he shall not use his right to commence his action, in both cases he will not have another character than that of an ordinary creditor in a personal action against him who received the goods.

CCXXX.

The consignees (los consignatarios) cannot defer the payment for the transportation of the goods which they may receive, after twenty-four hours have run following their delivery; and in case of further delay, without any reclamation being made on account of loss or averages on them, the carrier can exact a judicial sale of the goods in sufficient quantities to cover the price of transportation, and the expenses which may have occurred.

CCXXXI.

The right of a carrier to payment of what he ought to receive for the transportation of the goods delivered to the consignee, shall not be intercepted by the failure of the latter, in case he makes claim within a month following the day of delivery.

CCXXXII.

The provisions contained above, in article cciv., may be extended in the same manner to those who, although they may not make the transportation of the goods by themselves, contract to do it through the medium of others, whether as a system in a particular operation, or as agents of transportations, in whichever or both cases they have become substituted in the place of the carriers themselves, as well in their obligations and responsibilities as in their legal rights.

CCXXXIII.

Agents of transportation are bound, besides the other obligations imposed by the laws of this code upon all who exercise, or carry on commerce, on commission or agency, to keep a particular registry of their acts with the formalities prescribed in article xl. of this code, in which registry shall be inserted, in progressive order, in numbers and dates, all the goods with whose transportation they are charged, with their designation, their kind or quality, the person who shall ship them, their destination, the names and domiciles of the consignee and the carrier, and also the price of the transportation.

Art. VIII-WESTERN MOUNDS.

TO THE EDITOR OF THE MERCHANTS' MAGAZINE.

AMONG those subjects which have excited the attention of the learned and ingenious of our country, few have called forth a greater amount of speculation as to their origin, purposes, and antiquity, than the mounds and fortifications scattered throughout this portion of the western world. Wrapped, as they are, in a veil of mystery, which time only renders more complete, by cutting off these fast fading memorials themselves, anything which tends to throw light upon their character, by aiding in the development of their uses, must be welcomed by all who feel any interest in the primitive history of the new world.

It has generally been supposed that these mounds were intended solely as receptacles of the dead; and the opinion seems to be so well settled on this point, that the writer of this would have felt much reluctance in broaching a different theory if he had not felt it to be the duty of all who can, in any way, aid the cause of science, to step forward, even at the hazard of being considered presumptuous in the views which might be presented. The first time that a theory different from that generally received, suggested itself to him, was in consequence of a stream of water having cut through one of these mounds, revealing the character of the structure from the top to the bottom. The supposition that they are merely graves, seems to have been based upon the fact that human bones have been found in them, together with various articles of household use. The writer of this begs leave to suggest that they were intended for, and used, merely as the sites or building places for the dwellings of the aborigines of the country, and as such, were used by different generations, the height of the mounds depending entirely upon the accumulation of earth during the longer or shorter periods for which they were used for that purpose. It is well known to all who have opened these places, that they are com posed (the outer portion, at least, of alluvial soil, evidently taken from the spot immediately surrounding them; and it will be recollected, too, by those who are not merely theorists in this matter, that from the level or base on which the mound is erected, to the top, a core of ashes and burnt earth is perceptible, mixed with bones, pieces of broken pottery, charcoal, &c., with sometimes a human skeleton, or many of them, interspersed. Now, it is well known that the Indians of this part of the American continent never burned the dead bodies of their friends. But, on the contrary, they were buried; and that, too, with much care, and in particular postures; oftentimes in coffins, by placing stone slabs under and around them.

And what makes it more certain, as is conceived, that these mounds were not intended as burial places, is their shape. The Indian hut, or wigwam, was usually built of a conical form, the frame being composed of small saplings, brought together at the top, and this covered with soil. These would be likely to last but a short time, one or two seasons, perhaps; and the poles decaying, the covering of earth would fall in, thus adding to the height of the mound. The next builder, in search of a high and dry location, would naturally take the old one. He would smooth off the top, scraping the superincumbent soil to the outer edge, the ashes of the old fire in the centre still adding to the height of the mound. He would again erect his conical hut, and, from the land adjoining, again take the turf and soil to cover it. In the wars constantly taking place, whole families might, as was not uncommon, be surprised in the night, and slaughtered; burying in ruins them and their household utensils; for the hut might be burned, or left to decay, and years might elapse, and another, as before, in search of a location, would, very likely, select the elevated, turf-covered, dry site for his new habitation, as others had done previously. Now, if they are not the accumulations of years, is it not far more likely that, instead of the alluvial soil of which they are generally composed, there would have entered into their construction more of the primitive earths, a large quantity being necessary for the speedy erection of so large a structure? Besides, it is well known that, unlike many other barbarous tribes and nations in the world, the Indians of this continent have no superstitious fears in regard to the presence of the bones of the dead. On the contrary, they have always dwelt with lively interest, in their treaties with the whites, on the reverence due to the relics of their forefathers; expressing great reluctance at leaving them. No consideration, then, of that nature, would have prevented them from again selecting the same location for a residence; and it seems reasonable, then, (at least, according to the views of the writer of this article,) that these places were not intended as burial places, but building sites.

If these views should not be deemed correct or reasonable, the writer of this would feel obliged to any one who would controvert them, or give a better solution of the problem; and, in giving his own opinions in regard to a matter which has excited no small interest in the learned world, he but advances a theory which many years of observation have satisfied him is reasonably correct.

Nashville, Tenn., June, 1846.

Art. IX.-VIRGINIA AND HER GREAT CENTRAL IMPROVEMENT.

In the Merchants' Magazine of November, 1845, an article appeared, entitled, "The Railroad Movement in Virginia," presenting some general views upon the importance of constructing a continuous railroad from the city of Richmond to Guyandotte, on the Ohio, at the mouth of the Guyandotte River, in Cabell county.

The project of connecting the valley of the James River with that of the great Kanawha, in order to open a thoroughfare from the Atlantic to the Mississippi valley, through the heart of Virginia, is one of the most important schemes of internal improvement in the United States, whether re

garded as a great national work, or considered only in relation to its bearing upon the interests of Virginia.

More than half a century ago, Washington pointed out this great route as one of paramount importance to Virginia, as a channel of intercommunication between the eastern and western sections of that great State. He actually reconnoitred the country, found the route perfectly feasible, and manifested his usual sagacity and foresight in locating several tracts of land along the line, which have since become estates of immense value, and some of them sites of flourishing villages.

In 1812, Chief Justice Marshall, Gen. Brackenridge, Col. Lewis, with other distinguished citizens of Virginia, actually surveyed the route, and the result of their labors confirmed the views of Washington. Had the State of Virginia followed the lead of these great men, in opening this central route, she would have maintained her relative position among her sister States, and been at this time the first Commercial, Manufacturing, and Agricultural State in the Union.

At the early period referred to, however, railroads were unknown, and the plan of improvement was to render the James River navigable to as high a point as practicable, and thence construct a good turnpike, across the mountainous region of the State, to the navigable waters of the Great Kanawha River, in the neighborhood of the Great Falls, and thence to improve the navigation of this river to its junction with the Ohio.

This magnificent plan was suffered to remain unattempted, with the exception of some improvement, by means of locks and dams, in the James River, and the construction of a canal through the gorge of the Blue Ridge. For many years, nothing besides was done in furtherance of this grand design.

In March, 1832, "The James River and Kanawha Company" was incorporated by the Legislature of Virginia, with a capital of $5,000,000. This company was aided by a subscription, on the part of the State, of twofifths of the capital stock, and was "charged with the duty of connecting the tide waters of the Ohio, by one of three plans, that is to say, either by a continuation of the lower James River Canal, to some suitable point on the river not lower than Lynchburg, a continued railroad from the western termination of that canal, to some convenient point on the Great Kanawha River, below the Great Falls thereof, and an improvement of the Kanawha River from thence to the Ohio, so as to make it suitable for steamboat navigation; or secondly, by a continuation of the James River Canal as aforesaid, and a continued railroad from its western termination to the Ohio River; or thirdly, by a continued railroad from Richmond to the Ohio River."

The second plan above-mentioned, was adopted by this company in 1835. Several surveys made under its auspices across the country between the James and Great Kanawha Rivers, have removed every doubt of the feasibility of the work, and established the important fact that the Alleghanies can be passed on this line at an easier grade than at any point to the north of it. Indeed, it was the favorite plan of the late able and excellent President of the James River and Kanawha Company, to extend a continuous water line from one river to the other. Reports of competent engineers have shown that such a work would be practicable, and that by means of a tunnel through the Alleghany ridge, the waters of the New River could be made to flow into the James River.