The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-19

true the damaging anteeedents of others might
be etiaced by noble deeds. Mr.. MClelland,
they said. might atone for his vote on the Will
| mot proviso by course of unfinching fidelity
| to the Union ; Mr. Davis might obliterate the
recollection of his career as Southern seces-
sionist 10y similar proofs of his amendment, Mr..
Cushing might serve the democrats more truly
than he had served the wings. and even Mr.
Marcy might give symptoms of disinterested
patriotism.
Reasoning in this wise, and abandoning the
equivocal pleasures Of memory for the unalloy-
ed pleasures Of hope, the Union party forbore
TO interrupt the universal pean with which
General Pierce's administration was Inaugural
ted. Not sigh betrayed the misgivings of
their hearts. Where all was rejoicing and glad
ness, and proud exultation they schooled their
face into radiance. and forced themselves to
participate in transports that private apprehen-
sons sadly bcled. The future, indeed was
yet before them, heavily mortgaged with the
| expectations they had formed. the hopes they
had raised, the pledges they had given: and to
that future they looked flor warrant for their
present demonstrations Of JOY.
| OF that future ten weeks have now elapsed.
What have they brought forth?
| Mr. Marcy has appointed all his friends and
relatives to handsome Offices, and has beguiled
| the President and his colleagues. Nothing
more. Mr.. Davis has organized three expedi-
tions to discover route for the railroad to
the Pacific. Mr.. Dobbin has carried out Mr.
Kennedy's plan for the Ringgold exploring
expedition. Mr.. Guthrie has commenced the
work of examining the government contracts
Mr. Campbell has effected reform in our
foreign postal arrangements, and is shortly ex-
pected to turn his attention to our domestic
post offices. To Mr.. M'Cleland and Mr. Gushing
we can trace the performance of no task worth
mentioning.
We trust that in view of this statement of
the labors performed by the Cabinet the Union
party will forbear to indulge gloomy fore
bodings. We trust that they will continue to
suspend their final judgment until the Cabinet
has had longer trial-until the disposal of the
public patronage has ceased to occupy the at
tention of the President, and his administration
have full leisure to devote their whole energies
to graphing with the important problems of
our national policy. Above all, we hope that
the Union party will not allow their confidence
to be shaken by any apparent symptoms of I'M
soundness which they may detect in the poll
teal course of the Cabinet. Time will surely
convince us all that the administration is de-
voted to the Union, and that they are grossly
mistaken who fancy that the work of last No
vember will need to be performed afresh.
New RAILROAD LAus-A ROPE OF SAND
1t strikes us that the bill which has been intro
duced into the Connecticut Legislature has re-
ceived unmerited praise 1t will not accomplish
its object 1t prescribes high penalty for the
destruction of life on railroads, but it requires
that the destruction of life should be the result
of careessness. and it leaves the carelessness to
be proved as at present Now, merely specifying
the amount of damages to be paid is not sufi-
Gent Something more must be done. The
presumption of culpabilty on the part OF the
road, which the law already makes, must be de-
cared absolute, incontrovertible-n to be re-
butted by any evidence whatsoever As long
as such evidence is received, and permitted
to defeat the claims of the injured it can
always be had by wealthy corporations
No law which does not dispense with
this altogether, and which does not take
the ground that railroad companies are
to pay for every life destroyed by their trains,
that they are to be regarded as culpable and
made liable in all such cases, will meet the
pp1n nd tba@
OF which we vainly deplore, The companies
have the control of their track: let them take
measures to keep it clear; let them study out
the ways to run their trains safely, which they
will do when every defence which the law now
leaves open to them is closed. The precise
kinds of signals required, the number of watch
men and policemen necessary, and various
other details, the directors can determine bet
ter, perhaps, than anybody else; the most that
the Legislature con do is to impose heavy
penalty for every fatal accident, and then the
companies will omit no possible preventive or
precaution. If we would secure the dog, let us
fasten him with something better than rope of
sand; let us put chain Of iron around his neck
How stands the law now in regard to the
common carriers OF passengers?
Judge Story says
Where any damage Or injury happens to the
passengers by the breaking down or overturning of
the coach by any other accident occurring on the
road. the presumption prina facie is that it occur
red by the negligence Of the coachman; and the
probandi is The propretors of the coach, to
establish that there has been negligence whatso-
ever; and that the damage injury has been occa-
stoned by inevitable casually or ~ some cause which
human care and foresight could not prevent For
the law WILL Gas we have SEEM in tenderness to
human life, and human limbs, hold the proprietors
liable for the slightest negligence, and will compel
them to repel by satisfactory proofs every inpita-
ton thereof Story on Bailments, s60I.
And yet, Notwithstanding this primo .facie
presumption of negligence, it is perfectly noto-
yious that in almost every case corporations are
able to bring forward some witnesses to swear
that there was no negligence nor carelessness,