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

with description OF the articles that the shpmasler
shall know what the merchant feshts As the law now
stands, very small package may contain IN value mil
ions OF dollars and may be shipped Ordinary merchan
disc paying only The ordinary freight his section sim
ply proposes ha. who thus freight these valnable
articles shall give TO the owner master oi the vessel
drsVlpo OF the articles thus shipped .By giving that
description the owner OF the vessel is holden; without
such notice, he is not. Now, submit to the Senate to
say il there is not Justice, reason and proprley saying
that description of these small parcels which
valuable should be given to the owner, in order that
he may know that when they are thus described 10 him
he is liable for them t.t "a
The third section OF the bill provides that the owner
OF any vessel shall be liable only 10 the full extent of
| ownership in the vessel EtH ##Ht. #.#
The fourth section provides remedy for the parties
who may sustain loss where the value OF the vessel and
her freight for the voyage shall not be sufficient pay
The whole amount Of the loss.
These two sections substantially the Eng sh law
What Is now the risk and liability OF shp.owneri
You send hlm abroad upon the with all that he is
worth he may be connected with individuals with
whom he has no knowledge, and he Is made liable by
the acts of others for amount which not only puts
him TO the risk OF the value of his vessel which aoa
Senate, time after me changed the principle OF the
mon law, and made il applicable TO who at home
IN their own vicnage. who inspect their own bust
ness, precisely the Extent that proposed to make
applicable in this bill. II is an encouragement TO
navigating interest all over the land Il is removing
some OF those liabilities by which every man who is
connected with iba interest," and is able to respond to
the damages that properly belong to him. will do and
continue IN the business But if they to be held
/
mary ability who able to respond 10 damages will be
driven out OF it, and another class OF irresponsible
will take their places, and thus make the commercial
interests less protected than they would be without the
adoption Of this section. ls ####F a@ aIE
The fifth section provides that where charters the YES
sci to he shall be held liable or the debts of The
principle Say be illustrated in this way II should loan
horse ard carriage at livery stable, az the law now
stands the owner OF that. livery stable would not be
liable for any malfeasance might do. But the law
now stands in relation to the owners Of vessels the
owner is liable for the acts of the person who may char
ter his vessel. His vessel is in hazard in any event
HIS fortune may be lost and alter all that, the law
now stands you make him responsible for the debts and
liabilities OF the person TO whom he has chartered his
vessel by parity OF reason you make the owner OF the
livery stable liable Tor the injury might occasion 10
individual when driving his horse which have loaned
from him. ~#.
| The sixth section provides that
'Nothng in the preceding sections shall be construed
away effect The remedy WHICH any parry may be
enliled against The officers mariners, for
count of any embexzemenr injury 10 s. or destruction OF
goods wares merchandise properly put on board
any sh or vessel or on account OF any negligence iaad
respecv ely Iha anything herein contained
take ava my responsibility which any mari
ne OF any ship vessel may now by law be liable,
part owner OF the ship or vessel"
/ The seventh section provides that
"Any person persons shipping oil of v,roi nnslacked
lime, iniammable matches, gunpowder, in ship
taking cargo Tor divers ON freight
ing the time OF shipment in wrlling, expressing
the and character OF such merchandise the
Ter mate, officer person IN charge Of the lading Of The
ship vessel shall forfeit TO the United States 600
i need not go into investigation Of that section BY
the law as it now stands, packages of merchandise OF
these descriptions be shipped and whole cagoes put
in hazard II only requires that notice shall be gwen,
manner TO stow away that merchandise, to protect
the vessel against loss from fee, which night if
that information were not given.
These are the provisions OF the bull Ii is true that the
changes radical from the common law upon the
subject, but they rendered necessary irst from the
faci that the English common law system really never
al an hDf
English government has changed the law, which is a
very strong ant established why should place
commercial marine upon equal footing with hers
Why not give to those who navigate he ocean as many
inducements TO do so as England has done Why not
place them upon that great Theatre where 10 have
the great contest for The supremacy OF The commerce o
the world That is what this bill seeks to do, and asks
no more :,
would have deliberately opposed all the provisions OF this
bill. Some oi them, lar as understand then meet
with my entire appreciation. But we called upon
now. at the end of the session. to pass act similar to
that force island Of shipowneIs; Tor OF all the
countries earth, suppose Great Britain has IN
ierest relieving itself from Liabilities upon the ocean
than any other; and suppose that portion OF the Uni
States represented by the honorable chairman II the
committee may be IL the situation. But allow me
to remark thai with regard this liability, the n,er-
est that affected by this liability, there other parties
whose interests are concened besides mere shp-owDers
Now, the common law III regard 10 common carriers was
wise and venture TO say that IN Great Britain at
this day you will not lind Parliament ready t abolish the
liabilities OF common carriers on land They have been
wiling doubt, TO relax the law lar the labili-
Ties oil shpowBers concerned, because they are
island OF ship On the contrary. those OF us who
have TO trust the carriage OF goods by ships may have
an adverse interest do not commit myself upon thus
subject; but will answer for thing-,ha, the wisest
principle OF th. common law that when loss
red by the aci OF the carrier the onus should be
throw upon the common carrier to exempt himself IRON
liability by show ing that not act OF God or OF a
common enemy Now, the whole OF the evidence must
necessarily he with the captain and the crew and Al he
can exempt himself from liabilities by showing that II
power at all times 10 show that II was not by his neg-
gence that the hfe originated You going upon the
broad proposition that when there is loss by hire there
shall be no Liability IL principle which, II adopted,
sk deeply interest that concerns more persons
than shp-owners. do not say that may not be IN ia
vor OF The law; but when gentlemen urge il upon us
with much confidence, and manifest so much comb
dence that il will pass disposed to pause. and con-
sder deliberately before shall be willing to change a
great prncple-one that is consecraled BY time. con-
neA by experience, and sanctioned, believe both by
the English and American courts am not going to EN-
bark recklessly into the adoption oi such An innovation
sefore have examined it. And allow me TO repeat that
there are others whose interests are involved IN tins
change besides those OF the common carriers Those
who irus, their goods shpowners have great interests
at stake, and Is venurng great deal to change me
liability from that which the common law Prescribes
would be in favor OF relaxing the law 10 iayot OF snip
owners, but not prepared TO do IN this hasy, ~
cons,dera,e, and buried manner and II the measure ~
urged shall feel bound to po,aci this discussion at least
| to some extent. Fl.
Mr.. FoOTE. do not rise to occupy the attention Of
Mr. BUTLER Bu, you have got up, and you must
| occupy it, Li.#. #4 t.@ "a. ~ ts.Es e.
| Mr FOOTE. The honorable senator says / have got
up and must necessarily occupy the ate ntion OF the
Senate. IL to me that ought 10 make remark