The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-01-25
TwENTY-FIFTH CONGRESS-.
IN SENATE,

Mr.. PRESIDENT; Having received, some DAYS ago
unqaesionable Information of The payment Of fsh.
ing bountes and pensions In Massachusetts in bills
OF the Commonwealth Bank Of the city Of Boston
by which payment heavy losses had been sustained
by merilorious and welldeSerying persons, fell Il
my duty 10 call the attention Of the Senate 10 the sub
Jecl and 70 move an inquiry for The purpose Of oh
tanning Information, respecting the circumstances
from the proper quarter
In consequence OF this public proceeding dictated
on my parl, by nothing but sense Of obi igaton the
Official Paper Of the Administration in this civ an
Saturday last, published the following paragraph -
setts.-The names of five or six gentlemen, friends
of the administration, are given as debtors 10 the
exploded bank al Boston, and its bankruptcy Is held
up as the consequence Of loans 10 them. The truth
is, that the only real democrats whose names are pa
raded as borrowers, owe il only few thousand dol
lars, which they are able TO pay thrice over If all lis
loans safe those thus exhibited 10 show The
reason ofits insolvency the bank would be the sound
est in the Union, for il would be without bad deb
The Conservative loans ruined II. We understand
that Mr.. Webster has had his bills protested in this
bank for $4,000 at a time In his resolution Of in
quiry into the state Of the bank, therefore We find
no demand made as TO the amount Of bills protested
in il at any time, for the names of the drawers"
Now, sir, said Mr. Webster, if owe the Com
monwealih Bank dollar, am not conscious Of it,
Ii ever did owe it dollar, do not remember il
nor do recolect or believe that any note signed by
me, any bill accepted by me, or by any agent or
clerk in my behalf was ever protested at thai bank
or delayed in payment Having said this, sir, may
be relieved from making any remark Of my own on
the character OF this publication will only read
remark of the Editor himself in the same column
which contains the publication, and which remark
is in The following words:
These attacks upon the private concerns Of pub
lie men, for party purposes, are exceedingly desp-
cable"
So thinks the Editor, and /, for one, concur with
him.
Anumber of petitions were presented and referred
Ito be hereafter mentioned.
STEAMBOAT BILL.
The Senate resumed the consideration Of the bill
providing for the greater security of persons on
board vessels propelled wholly or in part BY steam
Mr.. MORRIS moved 10 reconsider the vote Of
yesterday rejecting the amendment offered by Mr..
Smith OF Indiana, which provided penalty of 800
to $1,000 for steamboat racing; which motion for
reconsideration was negatived without division.
Mr.. DAVIS said he had been requested 10 move
TO reconsider the vote of yesterday on the amend
ment offered by Mr. Niles requiring an experienced
and skiul engineer TO be kept on board every steam
boat under penalty of holding the master and own
responsible for all resulting damage to persons
and property and indictabe for manslaugher in
of the loss of life. Mr. ID. said he had voted for
this amendment, but as some gentlemen seemed TO
think that was adopted hastily, without due consi
deration he moved TO reconsider ii; which motion
prevailed.
Mr. CLAYTON objected 10 the latter clause Of
Mr. Niles's amendment that il would make convic-
lions of manslaughier by wholesale; the owners of
a single boat sometimes amount from 500 TO 1000
persons; and that it would implicate the captain,
who might be in no way blameable for the want of
a suitable engineer
Mr. NILES urged the great criminality of expos
ing the lives of persons by the employment of an in
competent engineer, for the comparatively paltry
consideration of saving a small amount of money
He however withdrew the latter part OF his amend
ment, which he said had been drawn hastily, and
without duly considering the objections which were
now urged against it.
Niless amendment, as now modified by the mover,
imposing penalty, additional to the indemnify for
damage 10 persons and property, Of from $500 10
IS 600; which amendment was not carried
The amendment of Mr. Miles, as modified, (tor
damages,) was then adopted.
Mr. MORRIS moved that the bill be printed with
the amendments, and postponed till tomorrow /;
which motion did not prevail, Mr.. Grundy think
ing il unnecessary, the BILL TO considerable ex-
tent, had been deprived of its original rigor.l
The bill and amendments were then reported 10
the Senate, and the amendments were severally
agreed TO.
MIR. NORVELL offered his amendment of yester-
day, little modified, as TO require ifepreserver
for each berth in boat, under penalty of $500 for
every trip without them.
Mr.. DAVIS would not say that there might not be
some utility in this amendment; but he did not
why the requisition might not with equal propriety
be extended TO every packet foreign and domestic,
and to vessels of war He argued that it was the
duty of Congress to provide against all The mschieis
and disasters arising from neglect and other miscon-
duct in our navigation but that il could be best
done by general provisions of adequate severity in
icting the penalties when the mischief or disaster
should actually occur.
After few words from Mr.. NORVELL, in de-
fence of his amendment, il was lost-Yeas l6, nays
Ia.
Mr.. SMITH, of Ind moved an amendment, de-
claring that the explosion OF steam boiler should
be taken as prima facid evidence of the criminal
neglect or misconduct made penal by the BILL and TO
be punished accordingly.
Mr.. GRUMPY believed that il was the wish OF
the Senator TO render the bill more efectual; but
Mr.. G.. thought ii would be more efectual as IL now
STOOD than il they should legslae with greater rigor
and severity He argued, ALSO that explosions would
occur from various other causes than neglect or mis-
conduct; and that therefore the innocent might be
implicated by the scope of the amendment. de stated
that eight nine hundred lives had been lost the
last wear on the western waters, and he knew not
how many on the EASTERN but he thought this BILL as
il stood, would go very far 10 remedy the evil.
Mr.. SMITH argued that the greater variety OF
the causes from which disasters arise required, If
any thing the greater mnueness and rigor IN legs
lating on the subject.
Mr.. CLAYTON regarded this bill as an innova-
ton on the common law, which does not inhicl pc
nalties for high crimes and misdemeanors without
proof of intention TO commit them He argued that
II was unsafe to infringe this spirit of the com
mon law.
Mr.. STRANGE concurred entirely with the
views of the Senator from Delaware. He argued
that the bill was too despotic in its aspect and that
the proposed amendment would tend to defeat "a
Their than attain the object Of the bill
Messrs SMITH and STRANGE here argued on
the law of evidence Tin relation facts regarded
proof Of crime and the intention Of crime)
Mr.. PRENTISS said that, on looking INTO the
hin Il annearcd 10 contain some provisions which
might be Of some practical use, but he feared that
thew would turn out TO be inefficient to prevent the
evils contemplated. If he had any objection TO the
bill, il was that the provisions were not strong