The New York herald., 1849-06-05

SASk OF THK EhPlRE, AND NoAH DhoWN.-
While the decision of the Coroner's jury at Fish
kill is was pending, in reference to the steamboat
tragedy in which so many lives have been need
lessly lost, end while the case is yet to be tried in
the Circuit Court of the United States, or In
Orange or Duchess county, we were entirely
averse to the utterance of one word having ten
dency to prejudice the public mind. But while
we allow the evidence, which we have published
SO fully, to speak for itself, there are some legal
and other matters involved, which it may be both
interesting and important to our readers to know.
II is most desirable that where SO much of human
life is continually at stake passengers, as well as
pilots, and captains, and ship owners, should know
what the law actually is, and what are the sane
tions by which it is enforced. There appears to
be considerable ignorance on this point, even
among those whose duty it is to be better acquant
ed with what so deeply affects their own interests.
For example, in reference to the case of two yes
sells meeting each other, and the one having the
wind fair being bound to give way to, or clear, tho
other beating against it, some of the pilots and
captains examined denied there was any such regu-
laton at ALL while others assigned it the authority Of
lax conditional rule; but there was not one who
dreamt that it was the veritable law of the land.
est maritime nation in the world; and her insular
position, the dangerous navigation of her channel,
the multitude of shipping: passing to and from her
ports, and the great teacher, experience, have CIV
en- existence to established rules which are the re-
suit of the highest maritime wisdom, and have, in
that country, all the force of law. The Trinity
Board, corporation in London, appointed for the
express purpose of framing regulations relating to
the navigation of the coast and channel, has laid
down the following rules, which have been adopt
ed and recommended by the New York Chamber
of Commerce -
Rule l. That those ships having the wind fair, shall
'gve way" to those on wind.
Rule ii. That whom both going by the wind, the
vessel the starboard tack shall keep her wind and
the the arboard tack bear up, thereby passing
Rule Ill That when both vessels have tho wind free,
large a-beam and meet they shall pass eaoh other
in the way the larboard hand BY putting the
Rule w. steam vessels are considered in the light Of
sailing vessels navigating with fair wind and should
give way to sailing vessels 9 wind on either tack
Rule V. When steamers meet on the different tacks
or course and there is danger, their course Is con-
tinued Of collision, each vessel shall put her helm to
port.
Rule vi. vessel coming up with another should
pass her to leeward.
From these rules, it is quite clear that it is the
duty of vessel having the wind fair, or of a
fair, to give way to the ship " on the wind" The
reason of the rule is, that the vessel with the fair
wind has the advantage, and is not put to SO much
inconvenience by changing her course, as
the vessel beating against the wind. The
only exception to the rule is, when it is i'm
possible to follow it. There must be some rule
else all would be uncertainty, and collisions would
be multiplied. For one collision that takes place
by adhering to the rule, a thousand occur by dis
regarding or neglectng it. How far the rule has
been violated, or whether violated at all, in the
late catastrophe, we will not now undertake to
determine. The tribunals of the country will set
tie that question but for the legal authority and
the wisdom of the rule itself, must strenuously
contend. The decision Of Judge Belts has made
it law.
There is another point on which there appears to
be some confusion of ideas, namely, as to the
clashing of the State tribunals with the United
States courts. There is no clashing whatever in
the case. The erroneous impression has been
chiefly produced, we understand, by blunder on
the part of the Deputy Marshal, who, in mistake,
summoned the Fishkill coroner and jurors, instead
of the witnesses. The law Is, that inquest
must bc held upon dead body wherever
1t is found. Tho Orange county coroner
had right to hold an inquest the bodies brought
to him and had the warrant he issued been exc
cuted in time, he would have ousted the jsrsdic-
ton Of the United States Court. The Duchess
county coroner had the same right to hold an in
quest on the bodies submitted to him; and either
county has jurisdiction to try Levi Smith, or any
ether party in the case, against whom verdict
may be returned, according to the common law, of
manslaughter. But the United States Court hav-
ing first effected the arrest, sets aside their jurs
diction, unless the Grand Jury ignore the bill and
the district attorney does not think fit to proceed
further with the case. 1t is an article OF the
stitutIon, that no man can be placed twice in jeo-
pardy for the same offence. Tne United States
Court does not possess jurisdiction, as is generally
in virtue Of our maritime laws, or be-
cause the Hudson is an arm of the sea; but because
a special enactment of Congress, passed in 1888,
in relation to steamboats,, confers it. The act Is
entitled, San act to provide for the better security
of the lives Of passengers on board of vessels pro-
relled in whole, or in part, by steam" Section IL
provides:-
That every captain engineer pilot, or other person
employed board of any steamboat or vessel propelled
In whole in part by steam, by whose misconduct,
gigenee, natnon 10 his or their respective du'es,
the life lives ofsny person persons on board said
vessel may be destroyed, shall DO deemed guilty Of
and upon conviction thereof before any
Circut Court in the United States shall be sentenced
to confinement At hard labor for period Of not more
than ten years.
This is a stringent law, but not more stringent
than the safety Of the lives Of steamboat passengers
inperativey demands.
sporting Intelligence.
The sports OF yesterday will long be remembered BY
bo wfnessed them The m ucb ~ trott;n1