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

which sh refer Tor the purpose nf showing that il
aspect Of the there necessity for this bill
and another hal Of The provisions Of il will ope
rate mischievousy. hope, therefore, at least that w
Will not take il up to day
senator from Maine that this measure OF consider
able Importance, touching very large interest, and
touching il somewhat vitality My friend from North
Saohna says that proposes 10 change asystem which
has existed Tor grea, period OF time wish only say
IN reply TO thai, that IL by recent decision.
or three years since that the of ships have
pretended their liabilities. II is by Interpretation and
construction given to them by below that they
understand that u a ship lying at the wharf in New
ork takes hre and burns up without fault the part
o the owners. they liable common carriers This
becomes very serious queston--One that affects that
interest very deeply and therefore it is that is
sary lha. the law should be changed Now, would be
very much grahed II the question could be decided this
session; and the senator from Maine presses the
sideration Of this measure, for one will sustain him
b To no, 20 n" Ss up0a ns taking u the
the bill w.ll only say that It is the adoption OF sys-
TEN which has been several Years in operation in Eng
land with certain alterations merely as understand it.
TO adapt TO the affairs Of this cogpiry, and nothing
footing !. hal d Gsa, Brian We arc s.I{is1s M side
cannot afford very well give them any great advsn-
tage over US without affecting our interest very se-
| rlonsly
| Mr. PEARCE Mr.. President, | am decidedly in ia
vo OF the general object of The bill reported by the
| ior from Maine; but think il must be borne in mind
that the discussion of that bill will not be completed in
be devoted to subjects that incomplete have,
for example, bill from the Committee Finance--a
general appropriation bill for the support OF the govern
men-which is desirable TO have acted on at
understand many years ago the practice OF the Senate
during the last week of the session, have
mee to classify business and they always gave prefer
ence TO the general appropriation bills putting the other
bills IN the second third class according TO their rea-
tive Importance. 1t would be good thing. think, to
revl We that practice hereafter In the mean time, shall
vote ainst taking up the bill OF the senator from Maine
with a view TO take up the appropriation bill
Mr.. CASS will detain The Senate but moment.
simply going to remark that, as understand this
natter the liabilities Of ship owners in foreign countries
have been reduced, while those OF ship owners,
If not actually increased have been effectively by the
decision OF the Supreme Court. Now, how TO
continue our commercial interest firm foundation
unless We put our shp-owners on the same footing with
those OF ether countries Is there important
matter than one like this, in which the interest of
whole commercial marine is al stake
! Mr. HAMLlN. Perhaps | have been more familiar
than any other with the views of ship-owners and i'm
perhaps directly opposite each other far the
risks may be concerned But the senator from Massa-
chusetts has well said that until recently shpowners
have not understood the extent OF their liabilities. In
deed, there many of them who do not understand
them And at this time there great deal OF feel
ing among that class OF our community whe have dis
covered that they underwriters for everybody fol
whom they may transport goods. 1t is question which
the senator from Michigan Mr. CAss has well said af
| fec the commerce OF the whole country
j Mr.. MANGUM Is there any question pending
/ The PRESIDENT, The question is postponing
the proI orders G ,o take up the bill adver,ed to-
| Mr. MANGUM supposed there was a motion tc
/ proceed TO executive business
/ The PRESIDENT. One motion is pending. and mus
be disposed Of before the other can be received.
appropriation bills pass this body, appropriang mil
lions oil dollars in less time than has been consumed here
in contest tor priority OF business hope, we mean
to do anything, we will vote upon the question at once
\ Mr.. BADGER | not aware, until the staemen
made BY the senator from Massachusetts, that ship
owners OF the United States were so little enlightened
hraiu hauo nir hat
laded on board OF vessel which is lying al The
Mr. PEARcE. I would ask if the gentleman. re
The PRESIDENT. The general provisions OF tn,
bill certainly the subject OF discussion, but merely
I0BRspsS BhpSHR & asns IN ,hs Up .oo Of a, nv
marks intended TO apply. II Is urged. as reason
why this bill should be considered that
oi he United States have been gnoran. Of the extent o
their liabilities Now, say very much surprised
hear that shlpowners have not known what has beef
amarly known TO every member OF The profession an'
every common carrier the country. But, then, Mr.
President. this bill which the senator proposes is no
made to remedy that grievance only-no al all II n
which proposes TO subvert the whole system OF LA
M hops wss ws shall have the question
taken, and the bill taken up besides
The question taking up the bill was carTied-aye
Mr. HAMLIN now move to amend the bill in ,h
first section by inserting the words "or neg ec " so lha
IT will read unless such fire caused By The design
neglect OF such owner or owners"
/ The amendment was agreed 10.
Mr H. proposed further 10 amend the bill IN the 3.
section by inserting the word loss, IN connexion witt
the words damage or forfetne which was agreed TO
Mr. H. then proceeded to state the general provisions
OF the bill as follows;
! II can secure the attention Of the Senate for few
moments will stale briefly the provisions OF the various
sections oil this BILL and the which have operated
upon The Committee on Commerce in its favor
The hrI section OF the bill provides for the protection
of the owners of vessels against losses that happen by
] fire. Tina, is the English law. The English Law is un
qualified and does not hold the owners o ship or YES
sci liable for loss by fire in have added how
ever an amendment this secion which still holds the
owner or owners OF vessel liable for losses by fire
which shall be occasioned by his or iheir neglect un
defsiand the law adudicaied in hIs country to
70 to this extent II vessel is lying at the wharf and
another lying By its side, and the one takes hre and
communicates to the other, the owner OF the one io
when the fire communicated, which may be laded
with valuable cargo OF goods, is, by the construction o.
the Jaw BY courts held liable tor the loss sustained
10 the aoois Common prudence ordinary care - no
protection under The existing laws against the loss the
owner of the vessel is hoIden notwithstanding he may
exercise the greatest wa,chfalness and for every
thing that is lost, except occurs by the ac oi od hs
provision does not Co. hen to the extent OF The English
law II simply holds The owner OF the vessel harmless
provided the did not happen BY his fault or neglect
| think the English law is better. We have insurance
10 which losses occurring by hfe properly At
,ach. and il the owner OF vessel, who may have IN.
fered the loss OF his vessel and therefore entirely nsa
bic 10 pay the OF the goods for the oss oil men, ne
altogether an insufficient underwater IN the case Wnile
If be lett the appropriate insurance companies wnich
are incorporated BY law, and have the means oil meeting
all the losses that might occur to their iuh extent ~
point OF facl the merchant would be more secure oy
wing clean bill, and placing the provision upon the
Enssh law Sul "a senators disposed to hold these