Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-06-13
u. =. Cfrcuit Court.
Before Judge Belts.

BEFORE JuuSc Dctts.
The United States v. Samuel X. Weed. In this
case the jury brought in verdictfor the plaintiffs
Damages $I2,275 70 and costs.
The United States v. Joel Stone. His Honor in
formed the jury that the counsel on both sides mao
agreed to submit this under the charge Oh the
Court, and that there was now no iact LOT mem
to pass on, the whole question would resolve tseh
into the opinion Of the Court on the law lot the
latiOn Of steamboats,.
Congress- had assumed to have the right to regulate
all steamboats, navigating the rivers and lakes, ana
also those intended to so to sea- Amongst o."er
lations which Congress had enac'eu, was 9re P,os
ding that iron rods or chains snouio DC ioi
ing such vessels instead OF ropes. N
The construction to be put upon TINS act was al
important the community and the questions wnicn
were now under consideration where equaiiy as I'm
portant One point in this controversy was whetner
the Legislature had the power to adopt such law,
and the other whether it was possible 10 carry out It's
sThe Court believed that both these quss-
lions must be answered in the Affirmative and II also
belle we'd that by this act Congress had expressly
bid the of ropes in the steering Oh STEAMBOATS,
and that it applied to all steamboats, that are
to take out licences and moreover In the OPINION oil
the Court it applied to all steamboats, plying on the
high seas The Court also believed that II there was
any reason WHY this regulation should be aPpcapie
to the latter class of vessels, that apPcd win
increased force to those vessels employed solely IN
the nav igation of rivers, for on the hign seas,
steamboat took fire. it would inevitably De Destroy
ed but river, if such an accident occurred the
preservation of the tller and the possession OF the
bower Of steering the vessel, might prove the only
safe guard othe lives and property fall board the
vessel, which might be easily run ashore ana the
people get safe to land.
In the present case, there MIGHT be question as
to the ter ropes but there could be no question as
to the boat having ropes round the wheel. AS the
question stood, there must be verdict or tna Pia
tiff reserync the question oflaw subject to the opln-
ION of the Supreme Court OF the u States, to which
tribunal the question would be taken for final adJudi-
cation There no doubt but IN the present case
shin on Capt Stone, because he doubtless meant TO
conduct his boat according to the law as ne UNDER
stood it. but no must be permitted TO take upon
bims Elf 10 give his construction to the law, or
to comply with Its provisions just SO far as IT COM
perted with his own convenience II Congress had
The power TO pass the law, it mast be carried out;
and il is of use to say that evil may ensue we
carry ont these enactments. In the case of Lake
boats Congress directed fire engines TO De placed on
board and we know that the owners and masters re-
Piled, that fire engines would be OF no nse. 30 In
the case of these tiler ropes and the substitution
of chains il is Of to say that the compass Will
not traverse that the boats cannot be got through
particular place; the law must be carried out, and
ii found announcement to individuals ana the PuOhc,
the law must be altered -
After some further general observations from his
honor the Jury found verdict for the United States
for the full amount claimed, VIZ; Sy ana costs SUD-
THe United States VS.. Woolsey.-This was an ac-
ton to recover penalty Tor using steering ropes on
board the steamboat Providence. Mr. man, On the
mart Of the defendant, submitted the ioowiHs ProPo
siton in writing to the Court
The defendant offers prove, that II would not be pact
.h,. with due regard The safety OF the boat Providence
and the lives Of the passengers to navigate through ege
and the Sound by llier alone or exclusively y ena RUS VI
by chains exclusively rods and chains uaiied exclusively
The District Attorney said he did not intend to
,f.r ANY obiecticn, but he should prefer the word
a. possible" because the word practicable might
merely mean nconvenient to the parties; m
CANAAN Bunker was then sworn, and Mr.. Halls
proposition read over him. He said IN reply, that
he should not like TO say that il would be mpracti-
cable but that II would certainly be unsafe, unless
fhe need Of the vessel was to be reduced from ii
Is miles an hour some or z. He had taken boat
10 Providence with tiller only, but that was after
breaking the rope The great difficulty In CHAINS
was that II the chain strong enough 10 mold the
rudder. il was too large to permit OF steering the
ship Another steamboat captain confirmed tins tes-
timony, and the Court then adjourned the further
bearing OF the case until Ihursday morning.