The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-06

o. ,Eis iii We ~ protect those peisoas 3&Js,
common against certain con eDces
which result IRON the operation OF The common law
which has heretofore been applied to their conduct
understand It to be svowsd Ayi Nv,sfy y lpx u Adj,
the principle that. under the law i exists, he
common carrier may relieve himself nom the Liabilities
resulting from the common law, by the exposition which
he yalafrin his bill Of lad!ng ot eonlrsct relating
NJ HAMLfN II the senator will allow me do not
understand that the mere Insertion oil il in the bill OF
ading will exclude the party from liability do under
stand that IL may Be done by special contract signed BY
Mr. BERRiEN 1 understand. most certainly, that
where there is there be two parties but
- s ws O. s p1' e lbs
carrier signs bill OF lading, specifying the terms upon
which he will carry the property and that is accepted BY
The owner of the property he becomes party thai
contract according 10 hs terms 10 which il is stipulated
Well, then, II that proposition be trueif that be the
real effect and operation OF The bll-the amendment
which have suggest to the senator from Maine will
pe sume not meet with his opposition desire 10 ex
pre- the face Of The bill that which il is said will
cult from it's provisions desire 70 recognise by this bill
the right OF the party limit his obligation aud desire
limit the action of Congress 10 that simple operalio,
propose therefore, strike out from the first SECTION
the bill the words fire happening to or board the said
ship vessel unless such nre Is caused by the design
such owners" and insert losses arising from
any which excepted in the bill Of adng, without
fault of the carrier his agent IT will then read:
"No owners OF ship vessel shall DO sub
jrc liable for, make good any
pe,son persons any loss damage which may happen
shipped, taken in, on board amy such ship vessel
by by any losses arising from any
which Is excepted IN the bill OF ladng without fault Of the
carrier his agent" H.4
Mr.. BALDWIN. MIR. President hope tina, amend.
ment will not be adopted will defeat the whole object
of the law in providing securities for those who
ship goods board these vessels As the law now
stands, living in the INTERIOR who wishes to shp
his goods to any foreign place, puts them board the
boat the wagon OF some common carrier by whom
they transported to the seaport and there placed
board the vessel and the OF the goods has the
security provided by the common law, that these goods
shall be shipped with all the risks the part Of the
Of the vessel But adopt this proposition and what
is the conseq The in the interior entirely
at the mercy OF the shipowner who may insert in his
bill OF ladDg just such restrictions he thinks proper
and refuse 10 take the goods board his vessel unless
the who is Entrusted with the shipment OF them,
the at distance will consent to receive bill
ladlng on just such terms as the snip owner may propose
This would defeat the whole policy Of the law and leave
the OF the goods, however distant they may be
entirely at the will Of the owner Of the ship
| Mr. BADGER. Unless this gentleman who is ship
ping his goods, and who resides in the Interior sends
down his goods by telegraph. the case which the senator
from Connecticut supposes cannot arise II he send
them down he must send them by agent who will
10 the shipping OF the goods and il is his business
to TO the terms Of the bill Of lading Well If that
agent accepts the bill OF ladng, reason why be
should not be bound by it. 1t is a proposition on on,
side TO make the exceptions, and these do eec
until the bill is accepted by the other party. We mus
suppose to exercise some reasonable amount OF
in the transaction OF business if agent II, the
senator supposes II, the other hand. the goods arr
directly and without the Intervention of agent
the owner OF the vessel and he were to undertake to
prepare bill OF ladng without exceptions would be
clear OF fraud. Sc the amendment to tc
bring back this IL leaves the parties to make the
own contract That is all want lfthey do not make
wise one is not the fault Of Congress- but their
| Mr. HAMLlN. | desire TO say only one word II
this bill shall pass just from the committee,
vii leave every parry to make contract as they please
made and tina, rule will apply to these Contracts
desires TO make conract outside OF that either
extending limiting their liabilities they have right
do so rhope. therefore, the bill will be taken as il is
and that The Senate will vote the bill through, vote
down. as they think proper.
| Mr. BADGER. The sentiment is several times re-
peated, that II this bill passes in the form in which il
from the Committee Commerce. it will inter
fee with the contracts OF the parties Now the English
statute from which that first section is copied does
doub.dy interfere with the contracts of the parties and
IT is clear that If the bill of adng be gwen the odi-
nary FORM dangers OF the only excepted The
notwithstanding, not liable for the loss happening by
lire II is clear, say, that he is liable The statute
nothing about the dangers OF the says thu,
shall be liable for losses happening by fire. and
as under the English statute, IT overdes the contract il
must do so here; II is not provision TO expound the
contract il does not declare upon the face 81 il what
shall be meant BY danger OF the sea is positive
prescription OF law. that the shall not be liable
Now. the bill will possibly pass in this shape. throw
this out and when il comes TO be interpreted by the
courts, we shall ascertain whether the courts contend
that, Notwithstanding the bill OF adng, the party is not
liable for danger OF the sea.
Mr. DOWNS There is one thing connected with this
bill which cannot understand. The chairman of the
committee has repeatedly stated tina, the parties regu
late their contract they choose understand The
amendment of the senator from Georgia oil
doubt about it, and ye, the chairman OF the committee
poses II. think there is something in it, therefore,
and should like TO see The amendment adopted
Mr. HAMLlN IL the amendment OF the senator from
Georgia shall not be adopted will propose 10 amend the
hrs, section by adding proviso in these words
"PSopdtd That nothing herein contained shall preclude
the parties RON making contract a. they please"
The question being taken on the amendmen, of Mr..
BERRIEs 1t was rejected.
Nj, HAMLlN. | now propose TO amend the first sec
ton by adding the following provso at the end OF H.
Prouidsd That nothing in this act contained shalt
prevent the parties from making such contracts
please, extending limiting the liabilities OF shi
The amendment adopted.
The bill then ordered to be engrossed for third
reading, and, after some further business which has
already been published,
The Senate adjourned.
pUBIIC sale Of large and very valuable per-
sons estsss-Tbe undersigned Offer public
"Wednesday The Nd day OF April