The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-07-14

not thnk the senator quite understands the original pro-
vision Ia ths bill. That provision Is that the col
ecior other chief officer OF the customs shall retain
on file the original certificate OF The inspectors, giving 70
lhe owner or master Two certified copies thereof one Of
which shall be placed in some conspicuous place In the
vessel where il will be most likely 20 be observed by
passengers and Others and the other lac shall retain
evidence OF bis lawful night 10 navigate the vessel and
no one shall be allowed 10 navigate steamer without
such certificate"
Now, there is penalty enough. We want no II
the person undertakes 10 navigate vessel without such
certificate that his vessel is liable 10 and for
feure. That is all that be desired. Ii il is unaw-
ul 70 navigate without the paper the vessel then becomes
liable TO seizure, and 10 be beed and sold Ibatls
very heavy liability upon the party II needs nothing ad
iuonal. Then again. the owner or master OF he yes
eel is 10 keep the certificate set up where can ne seen at
all times. Why does the senator wish TO limit ine lime
10 period during The voyage, and while the vessel is re-
ceiyng freight and passengers IS no. pelet 10 say
that il shall be kept up at all tunes where can De seen
Ii seems 10 me that will be better and safer rule than 10
limit them TO keeping il up TO The period OF The voyage
and while the boat is in port receiving freight and passen
gers They ought always 10 keep there where anybody
can see ii-wbee any one visiting the vessel can see H.
II seems TO that that rule is better than the which
The senator has proposed II be modify his amend
men 80 take in the latter part OF H. and retain the
whole section as originally proposed should prefer it,
Mr.. GEYER IL had supposed that there was any
provision in the original section that required the cer
cate to be kept up at all times, should then have
adopted the suggestion OF the honorable senator. and
added only that portion relating to the carrying OF gun
powder; bat this Is penal section, and will in all
probability be strictly construed As it stands, the col
lecor 10 retain he the original certificate, ADD is 10
give TO the owner master two certified copies, Of
which is TO be placed in some conspicuous place OF the
vessel where it will be most likely to be observed by
passengers and Others and the other is TO be retained
evidence OF his lawful right TO navigate the vessel Now
he may place II there and II may be removed. The fact
that II was placed there would exempt HIM from the pen
atty but his lawful right to navigate the vessel depends
upon the possession OF The duplicate. The amendment
which was adopted as in committee OF the whole provides
that he shall keep il at all times when he is fsceving
freight and passengers, and during the voyage. Under
the original section ii the certificate be not visible 10 the
passengers, he has full authority with the duplicate 10
navigate.
With respect to the times when the certificate is TO be
kept up suppose that all that will be necessaryswl be
at all times during the voyage, and when receiving
freight passengers. Ii will not be necessary to keep
il up indeed would it be practicable possible 10
keep it up, when the ship undergoing repairs, The
provision which have added Is 10 make II express to
keep up the certificate at all times while the voyage,
and while receiving ieighs and passengers, that he
shall not satisfy the law by keeping there month or
two and then suffering 1t TO be removed and proceeding
TO navigate the vessel upon the authority OF the duplicate
IL true that il be navigates the vessel without the
fcate he is liable TO the toreture but if he receives
freight and passengers without having it put up, he is
liable to no penalty at all under the original section That
enoias the duty OF putting up the certificates but II he
does not put up consequence is attached if he has the
duplicate under which be may navigate the vessel For
that reason occurred TO me that il would be necessary
10 amend, and to point out specifically at what times IL
should be visible that all persons going board,
either 10 ship freight or take passage will see whether
the requison is complied with or not.
Mr.. DAVIS There is portion OF the amendment
which wish to retain. want The senator to retain the
penalty and he superadds that TO the section stood
first should like the arrangement better than the one
which he proposes. That be done very easily
Mr.. BRIGHT | would suggest that we should pass
over the amendment for the present TO allow it TO be so
modified.
Ii was passed accordingly.
The next amendment made In committee oil the
whole was 10 add the following new section:
SIC % And be II furhfr enacted, That every inspector
who snail certify falsely touching any such vessel propelled
IN whole in part by steam. aud carryu passengers her
hull, accommodations boilers engines, machinery, their
appunenances or any oil her equipments, any matter
or thing contained in any certificate signed and sworn to
by hum, SHALL conviction Thereof be punished by fae
not exceeding dollars, Imprisonment not exceeding
-, or both .s# #
Mr. DAVIS. | would suggest TO the senator from
Missouri whshsr !, would not Be proper TO insert the
who shall wiiially certify falsely W. They may make
Mr. GEYER. Ihaye no objection 10 hat.
MIR. DAVIS | then make the motion TO insert " will
fully"
The amendment 10 the amendment was agreed to-
Mr. GEYER, l move TO amend the amendment by
filling the first blank with five hundred" and the second
with "sx months"
The amendment TO the amendment was agreed 10, and
the amendment as amended was concurred in
The next amendment made as in committee Of the
whole was to insert The following section;
SIC. 30 And be ii further enacted, That II any
Certificate as reqared Jy Ills aoi shall Sc navsaiei viii
out having her hall, accommodations, boilers engines,
in all things conosmabIe 10 such cetthcae the master
commander by whom she shall I've 80 navsaed shall be
punished 10y fac not exceeding dollars, or impfison.
ment not exceeding -, or boihi Pr0pdtd, That such
master commander shall not be liable IoT loss or declen
occasoned BY the dangers Of navigation such loss
deficiency shall be supplied as procucabio."
Mr. GEYER. | move TO amend by filling the first
blank with one hundred" and the second with two
months"
The amendment to the amendment was.agreed TO, and
the amendment as amended concuued IN.
The next amendment prescIbes rules and regulations
for the navigation OF steamboats, and in relation 10 pass
ing each other The amendment having beeen read,
Mr. BAfARD: | will propose slight amendment TO
the amendment because the phraseology might give rise
to difficulty in tide waters IT is, TO add 10 the hity-
third section the words
"Propided That tide-waters boat moving with the
tide shall be considered descending, and boat moving
against the tide as ascending"
Mr. DAVIS. The amendment, as | understand, sim
ply proposes that boat in tide wafer running with the
Tide, shall be considered the descending boat and the
against the tide The ascending boat. There may be
this Inconvenience IN navigating rivers that have tides in
them. 10 the Mississippi river, Tor example there Is
tide setting back hundreds OF miles, notwithstanding the
current is downward. The adoption OF The amendment
10 the amendment may lead To confusion there. IL
would change The order of things Perhaps, in tide.
waters, where there are narrow passages IL would an.
swer. do not see any objection TO il there. But il
strikes me that when we get into the rivers which have
tide, II will cause some confusion in vessels, for
example, descending the Mississippi with the current
while The tide is setting the other way.
MIR BAYARD. Is there a tide in the Mississippi set.
ting against The current OF The river'
Mr. DAVIS Yes, sir il is recognised in law as a
tide.
SsshToR Blu, the current overcomes It.
Mr. DAVIS. Gentlemen say that the current over
comes the tide am aware OF that; and that is just the