The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-07-22

quested, not incompatible with the public interest,
communicate the Senate all The Information his pos.
session relative the diculties Acapulco, in
Mexico between the American consul and the Local
horiies
Mr.. WELLER Mr. President. ask for the consd-
Grafton Of that resolution now il matter OF
Importance see BY the last intelligence from thai coun.
try thai the American consul is sill in prison. He has
been imprisoned as has been alleged account of his
nlererencs with OF the Judicial authorities OF that
should have all the facts II one Of the agents Of this
government is detained in foreign prison. we
bound from regard to the honor Of oar country, TO
make inquiry into 1t. ask, therefore, that the
luton may be now considered.
Unanimous consent being given, the resolution
considered and agreed TO.
LIEUTENANT DERBY's REPORT.
On motion by Mr. GWiN. the Senate proceeded 10 the
consideration OF the following resolution, which was
submitted by him some days since:
Resoiusd Tint 1000 additional copies of the report OF tho
Secretary Of War OF the 10 Of June, communicating in
comp mplance with a resolution Of the Senate reconnos
of the Gulf OF California and the Colorado river by
Lieutenant Dsrby, be printed for the use of the Senate
Mr. GWIN moved tina, il be referred to the Committee
on Printing; which was agreed 10.
RIVER NAVIGATION
On motion by Mr. SEBAS rIAN, the Senate proceeded
in committee OF the whole TO consider Senate joint
resolution No. So 10 provide for the security of lives and
property Of persons navigating the western waters; 10
which the committee had reported an amendment, TO in
sert the words or craft" E,
The amendscnt Of the committee agreed TO.
DIR. SEBASTIAN moved 10 insert in line A. of section
q after the word "bell the words, "or other
trivance"
Mr. DAVIS. would suggest to the honorable sena-
tor from Arkansas whether that will not do away with
the effect of the BILL and very much weaken the means
of giving alarm, by leaving il TO any mans sugges-
ton and contrivance 1t ought 10 be limited 10 some.
thing that will be signal to give warning That is the
object.
Mr. SEBASTIAN. | will say to the senator from
Massachusetts that offered this ndment upon The
suggestion OF one much more practical and expert IN
these matters than myself who suggested that The older
modes of ringing bell, &C., were giving way before
efficient contTvance which they have adopted in
later days OF the navigation OF those streams IT. how
Mr.. DAVIS | will suggest, cor by some means
equally effective"
Mr.. SEBASTIAN will adopt that modification
The amendment was agreed 10.
Mr.. SEBASTIAN moved 10 insert after The word
sieam," in section d. line G. the words sas" No
TO embrace the smaller sailing craft navigating the west
The amendment was agreed TO-
Mr.. SEBASTIAN further moved to add after :" mali
cous," in section 5. line s, or from of ordinary
care"
The amendment was agreed to.
Mr.. SEBASTIAN. wish also TO amend the caption
OF the bill IL was Improperly styled joint resolution
1t has been suggested that it being the title of the BILL
This IS no, @ lhs proper PEI ea stage to amend Il
Chair is the last stage at which the title should be
amended
Mr.. SEBASTIAN. Then will coniue myself to the
bill ITSELF and move 10 amend the enacng part OF the bill
BY striking out the word resolved in each section, and
Inserting ''enacted."
The amendment was agreed TO.
No further anne ndment being offered, the bill
ported 10 the Senate.
The question stated upon concurrence with the
amendments made IN committee, which would be taken
IN the aggregate. unless senator desired division.
Mr.. CHARLTON By the amendment Of the senator
from Arkansas 10 The 5h section he has destroyed it ap
pears TO me- The efec, OF The words . the parenheses
other boat, raft craft vessel any DAMAGES Tor Injuries
sustained (other than those which are wilful and ma
liciousl by collision or otherwise"
n land wOr
want oil ordinary care" added after the word "ma.
lcious" tsIrikes that il would better remain as II
is without the amendment for the boat which has re-
ceved the injury has not itself exercised the ordinary
and therefore ought not TO from another boat
which has not exercised the ordinary care. They are
both upon the same footing The rule OF common law Is,
that IL there be any neglect at ALL the party cannot
cover The rule in admiralty is 10 divide II. But /
would suggest that nasmueh as this boat which has vlo
lated the provisions oil this act has exercised the ord
nary the Of that boat should not recover from
any other boat which has not exercised the ordinary
care, and which is therefore upon the same footing
hope erefoe, that the words inserted committee will
not be concurred in,
Mr.. SEBASTIAN. | will suggest to the senator 10 al
low the to be taken upon concurrng all The other
amendments reservng the vote upon this last amendment
10 be taken separately.
Mr.. CHARLTON acquiesced, and the other amend
Tnents eoncurred in.
The question was then stated upon the remaining
amendment.
Mr.. CHARLTON II the senator from Arkansas pre-
fers the bill as he has amended IL, will not embarass II
at all only desire that the principles OF common law
sh, ,ull be carried out il practicable
Mt SEBASTIAN. In the original draught OF the bill, il
ed 10 me that the words Of this daug would be
ply su Gent, because, where there OF ordinary
care nJnres may technically be said to have resulted
from wiliul and malicious negligence. But IL sug
eested that should make the provision more explicit
As 10 The application OF that phrase OF the BILL think the
senator mistaken in supposng that refers the boat
which s injured and not TO the boat tina, the in
jury
tor from Georgia his desk for few moments after
which,
The question being taken, the amendment was con-
CURED in.
The bill was then ordered to be eugrossed for third
reading.
LAND SURVEYS II CALIFORNIA
On motion by Mr. WELLER, the Senate proceeded, as
in committee of the whole, 10 the consideration oi he
bill 10 authorize the payment, by the surveyor genera OF
California Tor the surveys which may be executed OF
any claims which have been may be presented TO the
board Of land commissioners for adjudication. under the
act OF Congress approved oj March, 1851 to ascertain
and settle the private land claims IN the State OF Cali
fornia to which the committee had reported an amend
ment.
Mr, WELLER. move 10 amend the 9th section OF
the amendment by striking out four and inserting SIX so
that toe compensation allowed 10 the assistant agents
shall be $4,000 instead OF $4,000 | will state, as Tea
son Tor this NOTION that this is the compensation bxed
by law Tor The awagent of the board and that the du
ties to be performed by the assistant precisely similar
to those OF the law-agent
The motion was agreed TO-
Mr., WELLER lt will now be necessary to make an
amendment IN The 9th section, 9th line Alter the word
agent" move TO insert " or assistant agent"
ntpa nj tnn az