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

gum, Morton PheIp. furney Underwood. Wales Walker.
NAYs-Messr. Baldwin, Borland. Bradbury, csss.
Chase, Clarke Cooper Davis OF Massachusss Dswssc,
6. eene Gwin, lIamliu, Miller, Norrs Pssrcs Pratt.
anoa, Rask, Sebastian Seward, Shields. Smith, aud
Spfuanee-2s. a4# AK
varying at all The purpose OF the committee who reported
this bill but in my judsm1ni, necessary carry out the
object thai they have in view Is 10 add to the fifth
section these words t N# 1tA 5#4
And such ship or vessel when chartered, shalt be
liable in the If navigsnd by the owner
owners hereof" 4sa "a
/ Mr. HAMLIN The senator from Connecticut Mr.
ALpwISl has called my attention to this matter think
the bill now precisely what that amendment makes IL
Stl, to make il certain, think II will be just ~ well to
adopt the amendment
The question being taken upon the amendment. il was
Mr PEARcE. 1t might perhaps obviate soms Of the
objections to this bill, il amendments were made to the
last section. and ! propose y submit one without
speech in the last section Of the bill we find that
o~nrrs 81 any canal boat, 10 III. owner or owners
% any sa. ., II s%oysa s = dssasxns s. ses
inlaMd ison place IN nlass" a gss4t ts|s ~ W.
move to strike out all from the ninth to the thirteenth
line of the seventh section. inclusive and substitute lh
following in It's place iaa.
This shall no, apply the Of any
canal boat barge, lighter, vessel ol descrp
ton, which may be used iof inland navigation.
Mr.. HAMLIN. will say but single word upon
that amendment am going 10 nierpose no objection 20
IT, There Is class OF senators here who perhaps should
understand thai matter II those who represent the ints
of the country desire such amendment,
am perfectly willing that It should be made.
Mr.. PHELPS. must admit, after making the motion
that dd-lo lay The bill on the table-that am in favor
of the principle OF the bill made the motion Tor the
purpose OF testing the OF the Senate, and, II posi-
ne TO snpelsede dsba'e am IN iayor Of !ne principles
and which il viii moi, therefore, be necessary for me TO
repeat. ~
But permit me to remark that If there be any portion
OF navigation which is entitled to the bencht OF this
change in the law OF the country it 10 our in
land navigation II is more subject 70 accidents aGAsnst
which the utmost foresight and the utmost skill are
found 10 be utterly incompetent 10 guard. From my own
experience in my Immediate neighborhOod OF the
navigation OF the waters OF the inland sections Of the
country in which reside is proved that this navigation
subject I, accidents against which they cannot
guard than is the navg CATION OF the sea. Under these
circumstances, am opposed to the amendment, becausc
think, il the principle which is incorporated into the bill
be adopted should be adopted with respect TO all our
aon internal well external That 10 all that
have say upon the subject
Mr.. PEARCE. The memorials which gave rise TO
this bill from that class OF our people who are IN
in navgaon and one OF the strongest ~
guments support OF the bill s that will put the ocean
navigation OF this country upon an equal ioolinx VAN
the navigation OF England and other countries
Now, sir, such argument applies 70 this case y 70
very manifest that the passage OF this bill without this
amendment will operate very dlsadvantaseousy 20 tne
amendment will be adopted
: Mr.. RANTOUL Shall vote for the amendment not
because think it is wise-for think will be injurious
10 the interests of those sections that seem to desire
but because does not at all affect those sections which
directly interested in foreign navigation: III those osner
sections prefer different arrangement Tor their na*i-
gaion not at all disposed to lnlerere with toen
but let them make such arrangements best suit their
: Mr SEWARD hope that the amendment wiM not
prevail very cannot be the dcsre or the In
ienton of Congress TO have one system OF liability Tor
shp-owners and general navigation, and another sysem
for the lakes and rivers We shall have conflict OF
producing uncertainty 10 what is the law, and Produ
cling conflicting adjudication in gard to IT, eeems to
that the principle which commsnds this bill to the
favor OF Congress- applied to foreign navigation, rec
ommends it also and strongly to the inland navika-
ton of the country II must be considered that the rea
sons which lead 10 tse necessity for this bill are app
cable the inland navigation, and not to ocean nasea
tion alone,
But will not discuss this subject now than to
say that hope this amendment will not prevail.
Mr. PEARCE. | understand that il is desired By the
senators vino advocate this bill that should asan3lAee
It's provisions those of the English law upon this sab
lect | endeavored TO conform my amendment to the
English law. find in the 3th secson OF the act Of SD
George Ill which is the controlling English statutss the
following -tt g.sst fRf 7, Il.
"That nothing therein contained shalt extend 70 tho
any lighter barge boat vessel q any
gallon OF any sap ot vessel MT duly registered according
10 law" ff6.
Mr.. SEWARD By this amendment we will have one
system for the ships that engaged in the State OF New
York: another system for the commerce on our lakes0n
Lakes Erie Ontario, and Michigan one systsm Ios the
rivers and lakes and another system Tot the oceaa nav
CATION think there ought TO be uniform - with rs
gard 10 this subject
MIR DAYTON ! suppose the amendmsnt will apply
to lake navigation well as inland navigation.
Mr SEWARD They are treated ~ foreign ports
MIR DAYTON. That IL the intent, unqusetlonaoly.
Mr WALKER. hoIe the amendment OF the eeoator
from will be adopted for think that the great
producing interests Of the country require i,
Mr. SHIELDS. ] also hope the amendment VIII he
adopted | do not think have too many guaEaatses
upon our western waters for the safey either OF travel
or freight hope the amendment will be adopted
The question being taken upon the amendment, II was
agreed to.
esaon Of OF the Senate in their vote upon The
motion Of my friend from Vermont MT rHxLssl 70
purpose of this body TO pass this bill think i would o.
very uncoureous part after such manifestauon os
the sense OF the Senate upon this matter, 70 80 INTO
lengthy discussion will therefore enter INTO 20 eeaess
of this measure but content myself With sub-
miiting very few remarks and lei them pas Tor what
they worth. -.
Inc principle which should govern every case Of this
kind is that the liability Of the party should depenA upoh
his contract Shipowners not generally IN he habit
OF taking goods upon freight without bill Of loding
Now IL a ship-owner enters into contract By which
according to the Of the bill OF ang, hs u bound
for certain losses and certain injuries. seems 70 ne to
Congress to say that he shsll not Be bound for
what he has contracted 10 be bound. Now, with re-
gard TO this legislation, ship-ownsr gives bill Of adnx
by which he guarantees safe delivery OF the goods IT
alone excepted itis strange legislation for CosGess
TO s,ep in and say that although he has bound hmssi 70
make good all losses except the losses arising from the
dangers OF the sh he aha not he bound by na con
tract, bu, other os~es shall be excepted, When ~ nos
provided for in the bin Of ladag For in That o'i OF =.
M stlOuntpd n he ansWeraDe IOI Nj USuet