New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-22

eerHsss .0i that &, b, prcarcsI B. To- CotS "
esst te rrss-e Congrsss thought ~ tis ihsy bed ~
- tficf exxninatlor Of ta vessel trf 80 in 2enaa
law, . l-'' 20 1''-
Ihe 1E I'd set hut tssf to that enacted PROVISION.
M. espscaii, ,s-s resFs IN Se~ and that gives eus
70 I pt y - x the law this As = propertI =
not only have inspection ald license Prs
TIE ases tafy sao-t be provided win ooAt' va
sss "a boat sv.ryseere uEss have meta li.
u.e- AID l. seton ssys ssy peT>an losing properye'
sene persorAy u-ed ~ e1pcu. viii have the rshi
iron n. set q such explosion &c brBg spit The I'm sc,
be Tai.3d VII ii rs.s i n - ~ Slo1s ' '
sue n fSr ssc-rs Tbs, -hs-yer she Hasst-r q any
Cat o. vesss ~ha nlvsairs Foe sy -'an IA
Or s,s s b .cpped ne rurroe Or seans ttrs
i.o ei or passeas-rs thy ta orr ne sss rive = 40
~ " 0lor elrh every o4-ere.~
VIII remark 90 this pont BY and by, use7onsH
boN 70 say Conzrsss in nied TO impose the masters Q.
Nes the necessity OF having the safety valves rasea
every time be stopped A. whether he show was
allude 70 presently
Congress have lesi.ated a. 70 pecuaiary liability
property and to PeOu but did not stop At that making
mem persons responsible for damages they have framed
Seeuon' me l2th, IN these words;
enc II fHabr farther essd Tst every csrtun ,err.
et Or 9heT person eRpcJe boaTd Of steamboat or v~l
ssuse or s-fs,.o. ~ y :s-l =, 80 -, ~ =, ~.
o. any p~ros' or board ad vese = destroyed shall Be
Ct Coat he Uasea slai-- siaa confinement
a ~ u l1afe "a
Il s upon tbs clause the present Indictment is framed
and Government charge the Captain with mausau glitter
yine BY s inatte nton, life destroyed and the
tam il.
The law does not require the Government to prove de-
syn you are not 10 inquire intentional negligence.
with design and plrpose It Is enough oscerain By the
Interpretation Of the law he has been guilty Of
Iuet nesNshee' or natenton and the explosion Of the
We vii suFpose Con.ress intend what the words say
tie omission Of those acts essry In relation 70 the ste an
" lead IN tho
would b. the criminal matter However ight the naen.
ton the explosion was principally The cause he is guilty
OF al the consequences ar1Sing from the disaster
IL is important 10 what the duties Of the master;
where his duties and those OF others besu ftaey
the stea or sere any steps takn by him 10 relieve the
steam or dd that belong exclusively 10 the engneerl You
have heard testimony Of engineer ard there TO be
sort OF independent officer as the pilot IL deemed by law
the msster taking vessel Of port; It that IS the
construction, the captain they say must BE- d,schsrsed
Is the commander nehief The law inus him, and the
gnter OF pilot has 10 more night to refuse 10 obey his
ooeis than the uate ha aid The duty placed upon him
by law, he must sse his authority. II the law did
positively require IT, it - not much matter ne might
employ confidential persons but If the law requires the
duty Of him, he must perform il.
II is mistake that the Captain is not responsible The
law Knows other aster the j section speaking
of engineers requires that owner and
competent persons assigned. Although the may
select the engineer aud M compensation the owner no
night prevent the Captain having command Of the
EneeT II he the ensneer pushing the boat much
be has night to control him and be does NOT he himself
most about the steam and the Captain takes his advice he
sui pousbe II IL sprung from his suggestion.
Il would b. nolerabe 10 suppose there could BE- those
diversity inds which have been coutended tor On
ssa-goiig ship. the pilot would say will IN such
way for LIVERPOOL or the engineer say will not narrow
down the steam 10 2O-ths machine will carry so The
govern He will BE- deemed have acted and
directed adopted the advice OF and is liable unless
Il be shown he had ordered something TO be done
trary what done.
One OF the questions s whether yon have night 10
gard the nonopenng OF the saietyvaye under the lh
sect has 4.
Mclean hiss said that did supply pra }dcie evidence
sgHu the engineer The reasons for his so saying are not
shown the opinion unless that the 7h section does not
make it the particular duty OF the engineer or there may
have been other grounds He probably placed his opn-
ion the consideration that had not been made out that
tie explosion was owing - The failure OF RAISING the safety
valve That trial was not against the master as here and
is for Il the duty Of the master 20 order the
safety valve raised II contended that CONGRESS only re
qurd OF the captain not 10 permit the steam 10 run higher
when stopping than when running that tho law only saws
he shall open the valve with view 20 keep the steam down
The proposition cannot be as they contend suppose she
ny with ~ pounds OF steam and the captain says
there is necessity let OF because the steam does
not rise any higher Tho law does intend merely 10 let
tie steam remain as Is but keep down by the
ing OF the valve IL will b. meaning NJ with the
objects Of the statute say otherwise The law provided
inpectOrs. but did not authorize them TO say What
amount Of steam might be carried, or pronbt the
boat from carving than the inspectors sugees that
is le 20 the discretion of the Captain lie would be placed
IN more difficult position it's true on en- explosion he
went beyOrd the recommendation Of the inspectors Inc
inspectors had no good means OF tesnS az W
pressure conjecture from Their best luds nen
then power The Inspection IN thls case wa oI Ut nv
uonhs before the disaster and the boilers must be inspected
every sN months Suppose she had been running our OF
five months IN competition with other vessels the captain
must have known she would have become weakened lie
is TO carry her what y sfe and the law s when you
the law nothing as 10 Inspectors allowing certain
point although recommended by the Court, 20 tue
inspe this district but the whole
left by The law To the judgment OF the Captain aud the
Engineer The new law, which will go into operation IN
lew d. will require boilers 20 be tried before being used
The question for the jury viii be- u she was IN safe
state Ofstsaunifthere water enough and nothing 70
create alarm They the defendant viii have the benefit
whs, said in his behalf and general usase-thdt -
IL safe. they ay. you duce the steam without
opening the safety valve a. thai but one mode do not
the statute but think the command TO raise the
valve persmptory The Captain has sht 20 deviste
from the All the difficulty before had been caused
by the high sste Of the steam. The idea you could
not tell how fast IRE steam would arse and tue Captain As
20 prevent danger, TO raise the valve. Wnen
he the boilers sufficiently relieved after opening the
valve he cose IT, but Captains bound raise IT,
Congress had night adopt this Of the Of
ssf' ~, aud hey made it peremptory.
deal has been SAID by witness that IS not nee
e.sary 10 re the valve but good deal may be sad upon
this point Imay be- as lawyers saw thar Il Is very well IA
theory, but II not the law Then perhaps portion OF
the like Others do not wsh 10 nave their craft IN
erreG with but they and others must yield 70 Che national
But DO tat opening the furnace doors has the
rover correct the matter COnes m the new law, nays
coilceredt but have required not only one valve
tu three hereaeone OF them 10 be beyond The reach OF
I'M 10 take the evidence Of the Engineers They say
orcning the doors will generally suffice; but II they have
hem negligent 20 water Nc- 10 IS not slcieut-thcT
n nat ssO I'm tie saety valve. IL may b. that when boats
are going eisurely ght But # there had been
rrA p0yeue in tins respect the attention Of C0ngres
shoud have been called and they would BY amend
reut have relieved the captains and owners Bat they
have made DO change showing that Is still legislative Will
But thea son II opening the doors s AZ safe
opening the valve No matter Is % the expense # Il IS not
sCwu that the mode y equally eicacous as the other
ghen You consider thar POINT all aud NUT resort
10 = aw stands and the Captain and tb0s- employed
must be held bound by tl.e law
consider t the duty Of the such general
r, ctious given that WHEN stopping the valve shall b.
rsss ard ii he has given such orders he - guilty OF
iscouluct He cannot rely upon Old rule 70
lie eosfra II the law there intention Il would
BE- different In THIS case doubt, Capt inten led 10
90 sh bar The law saws you have omitted q 10 something
Which ould have relieved the vessel. and ire liable
twas the duty Of the captain N ret9n 70 the boilers
10 have rrOau a.ed % The teTs and reen, and al
oihen that thsls duty would be IN stopping % ase
IA. safety sye Ii would rot b. Necessary g should b.
IN 10 b. him personally The division Of labor - proper
Tie captain show be has dore ms duty m enioiuine
utor every person engaged IN & 10 the safety yaye
II not Necessary for him into the engine room or mt
the rio; house such times but II IS ms duty 20 order
tlOse under him perform the duties lie required BY
s o. DO Then Won SIN tfom the tssnyry, whether
h. had 20 directed them II he lad not there an ous