The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-09-15
HEALTH OF PASSENGER VESSELS.


We have from time to time procured and published alb
sacs from the reports of the collectors OF New YORK,
Philadelphia and Baltimore, made pursuant to the in
sructons of the Secretary of the Treasury showing IN
detail the effect enforcement Of the of Congress
regulating the carriage of passengers in merchant vessels
These abstracts exhibit readers have doubtless
tced striking and gratifying improvement in the ac-
commodations, and consequent salubriy board the
vessels which have arrived at those ports the present
SON.
We have just obtained synopsis Of the report OF the
collector of San Francisco dated the 18th August showing
the consequences of disregardng the provden and bene
cent restrictions of the acts in question:
Arrived Gillian barque Lbertad of 400 TONS landing
4O4 having died the passage Instead of
502 passengers taken board this vessel she was entitled by
law to receive only ZIG.
Arryed Chinese ship Potomac of 1852 TONS landing 4o4
passengers having died the passage. Instead of 42G
passengers, this vessel entitled to 344 only.
Arrived Chinese ship Exchange tonnage not stated but
putd to be entitled to receive 1862 She landed
l besides so who died the passage making 53 embark
ed on board"
The collector of San Francisco reports that he has seized
these three for violation of the laws of the United
States in taking board greater number OF passengers
than the accommodations board entitled them to re-
ceive.
The act of 22d February, ls47 provides that if the
any vessel shall take board such vessel at any
foreign port place greater number of passengers than
the following proportion the space occupied by them
and appropriated their USE and nnoccuped by stores or
other goods being the personal luggage Of such pas
sengers-that to say, the lower deck PLATFORM one
passenger for every fourteen clear superficial feet of deek
such vessel is pass within the tropics during such
VOYAGE but snch vessel is pass within the tropics du-
ring such voyage passenger for every twenty such
superficial feet of deck and the orop deck f any one
passenger for every thirty such superficial feet in all cases.
with intent to bring such passengers the United States
of America and shall leave such port place with the
same and bring the same, any number thereof within
the jurisdiction of the United States aforesaid every such
cur the penalties prescribed the act for which the vessel
may be libeed and sold
The Judge of the district court of the United States for
California Judge Hofman) appears to have decided that
the aboyenaned 0ac was intended prohibit the
crowdng Of passengers on the decks mentioned in it
and that bring the vessel
of the law must appear that the passengers were ake
on either the orop decks BOTH in numbers
greater than the legal proportion to the space by them on
hose decks respectively
man Of Itch copy certified under the seal of the court
has bep shown IT, us, 10 be that this act specific
and distinct as its are in regard to the number
of passengers which any mercish' SesSei y snft' ~
take on board is wholly inefficient be>use 's n"''' "
to be ascertaned by the superficial feet con;a..' ' "
tain decks of a vessel Where passenger vessel ,.@ y"
lower or orop decks described in the act there seems
according TO his construction of the law restriction
upon number of passengers she may receive on board
and where such decks exist board and the number Of
passengers assigned them does not exceed the legal limit
any other part Of the vessel may be crowded with human
beings to any which the cupdy Of the
master may suggest without exceeding the positive
stricons Of the act
With every desire to respect judicial decisions made in
performance of official duty it is impossible TO regard this
opinion of Judge Hoffman correct exposition of the
restrictions imposed by the passenger act of lsl7. We
understand that instructions have been given from the
proper quarter that if this construction Of the act referred
to shall be held by the district court in any which
hereafter before it for adjudication, the neces-
sary steps taken carry the question to the Supreme
Court the United States for final decision thereon