The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-07-15

As the section now stands IL reads thus
:" And BE- IL Further enacted. That any Inspector who
shall upon any pretence, receive any reward for
rendered uader this except what is herein al
lowed 20 him, shall ioiie his office and II found guilty
on tndletmen be otherwise punished, according 10 the
grayauon oil The oftence,"
Now, sir. thai is too indefinite Ii is a wise and hui
name principle OF legislation that penalties shall never be
left Indefinite. The constitution, II Is true, prescrlbes
that excessive lines unusual punlshmenIs shall moi be
Inflicted but that is the only restriction here upon The
discretion OF the court Otherwise, the man might be
lined ST. 900, and mig bit be imprisoned years under
this clause | think II would be better 10 adopt the
course pursued In other parts OF the bill for example, 10
the 10Th section i Is provided that any person shall
counterfeit the marks prescribed by the Secretary Of the
Treasury for inspected boiler iron, and be convicted there
Of he shall be liable 10 line not exceeding $780, and
Imprisonment not exceeding two years
Aud again. in the 29th section the same provision as to
punishment is made "Sha be punished by fine not ex-
cedng 49, dollars, or imprisonment not exceeding ---,
or BOTH That is IN cases where there shall be false
hcaie 30 Throughout, the act and this is the only
exception Perhaps 1t would be well TO put in some
amendment which shall make precise for example,
% strike out the words according 10 the aggrayalon Of
The offence, and insert the words 'by fine imprison
ment: Provided, such fine shall not exceed dollar,
and such impIsonInent shall not exceed - months"
tor that perhaps would be WE'LL instead of striking out
the words according to the aggravaon OF The ofence 10
add 10 them the words "by fine not exceeding - dol
Mr.. DESAUSSURE That will DO The amendment
will then in at the end OF the section 10
insert the words by fine not exceeding $780, or mprs-
The question being then taken upon the amendment II
The PREsiDING OFFICER. If there be no further
be engrossed and read third time
Mr.. MALLORY Mr.. President, il is with great
deal OF regret that find myself constrained TO vote
against this bill Ii appears to be popular in the Senate,
and might claim my vote on the consideration that it IS
object Of national character, that seems to have
been referred On that account shall vote against it
with great deal OF reluctance and regret But SIR Is
not the first attempt OF the kind that has been made by
legislation. II is an attempt amend the act OF 1888,
which had this identical object in viewthe preserva
ton OF life and property board OF vessels propelled by
steam think that this bill is better than that in some
respects but still that is not calculated 10 attain the
great object proposed. II this sectional matter,
referring TO only portion Of the country and receiving
the appreciation OF senators from that portion, should
feel still greater reluctance in casting my vote against it.
But il is national. and applies well to vessels vgaed
by steam upon the Atlantic ocean TO those upon the
western watersas well TO vessels among which explo
sions very rarely occur that class OF vessels upon
the western waters where explosions are OF frequent and
disastrous occurrence But will not detain the Senate
by entering into lengthy discussion upon this point
The main objection which have I'd the bill is upon
the principle OF making the safety OF the passengers de-
pend Immediately upon the will Of the inspectors 10 be
appointed As the matter is adjusted now, the self inter-
est OF steamboat owners and steamboat companies is
placed between the travelling community and the dis
asers. The sell interest Of steamboat prompts
them TO have good boats, good boilers, and good ma
chiDery IN order 10 establish good reputation Tor their
boats This bill before contempa,es only that no
register no license, and enrolment shalt be granted
TO any vessel hereafter 10 be built but il contempa,es
that no shipping articles, no manests crew lis
paper whatever shall be given for any vesst engaged in
trade, either coastwlse oregnor, in short, that
steam vessel shall clear from any custom house until this
examination provided for this bill, shall have been
made and a certificate given.
Well, sir, il it were possible that the examination
here contemplated could be made by competent persons
u would meet the great object al once, and we should
all coincide with IT, But il is upon the established fact
that such an examination as is contemplated is not
really provided for and cannot be attained, that shall
vote against the bill There examinations TO be made
by some fifteen twenty or inspectors, who to
be political appointees; they 10 be appointed By the
collectors oil the custonseveIy collector differing in his
particular notions the qualifications necessary in
inspectorevery collector regarding the machinery
OF the boats in different light; collector regarding
one system OF machinery and kind OF boilers the
safest and another collector regarding another kind OF
boiler machinery the saiesi and each collector
making the political appointments in accordance with
his own notions OF the safety OF the lives OF passengers
Now, these collectors not chosen with reference
TO their practical qualifications for such appointments
all but they chosen with reference another and
different kind OF qualifications The result will show
you that the inspectors appointed will be the friends Of
the collectors, perhaps their relatives and, all events
their political associates like other appointments made
by them the inspectors OF the customs, &c. they will
select their own friends and relatives anu there be
no doubt that the appointments will all be made under
political considerations s si TO carry ont political ends
boilers and hus shall go board the boats after the
hus have been laid and the machinery put in its place,
snalf sausIy themselves 10 tnelr safely, and
whether the boilers OF the best form, and the bulls
OF that description best adapted for the purpose in view
IL we could find any man upon earth, or any set of
men, sufficiently skilled IN this matter 10 decide upon
the best form OF boiler hull, and who, from an
external examination, attain the object here pro.
posed-to decide that il of the very best form and
no flaw defect that existed; IL could attain this
object, | might be more favorably impressed with
the objects Of this bill. But every engineer and ma
chinst on the face Of the earth will tell you that il is
utterly impossible. We do not even stop there We re-
sep he mi al inery
hereafter TO be made. boilers hereafter to be invented
and The various appliances TO steam machinery hereafter
TO be introduced the very best that could adopted
They are TO be satisfied, and upon their being satisfied
every inventor TO depend for the application of his ma
chinery There IS no appeal from the inspectors decs-
IONS Here - man who builds boat AT great expense,
on new and improved plan, or with and i'm
policy OF the country and of the age encourage but
he must satsfy the political appoin,eethe inspectors
that his machinery, which has been tested but by
hmselfa pure invention OF his own for which he alone
deserves credit, OF which other knew ylhng-
Is the very best, he cannot get certificate cannot 60
10 sea, and his vessel is useless to him To carry out
the intention OF the bill. you have got TO suppose that the
inspectors the purest OF and government
does not proceed that ground-not at all In the
making OF appointments, the government proceeds upon
the ground that human nature is corrup,ble and every
Office from the very highest to the lowest has thrown
around il ten thousand shields in the shape of bonds
These men to be placed in a station holding more
power the great steamDg interests OF the country
than any set OF men have possessed in this
country
ask you il this Is not power peculiarly liable 10 be
abused II is matter purely discretionary There is
responsibility for OF Judgment II they say
h<.