Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 254.
(Report No. 260.)
IN THE HOUSE OF REPRESENTATIVES.
February 29, 1848.
Read twice, and committed to a Committee of the Whole House on the
State of the Union.
Mr. Thibodeaux, from the Committee on Commerce, reported the following bill:
A BILL
Supplementary to an act, approved July seventh, eighteen hundred
and thirty-eight, entitled “An act to provide for the
better security of the lives of passengers on board of vessels
propelled in whole or in part by steam.”

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10 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That the inspection of boilers and hulls, as di-
rected by the act to provide for the better security of the
lives of passengers on board of vessels propelled in whole
or in part by steam, approved July seventh, eighteen hun-
dred and thirty-eight, shall hereafter be made in presence of
two good and disinterested witnesses, who shall be ap-
pointed by the collector of the port wherein such inspection
shall be made, or, in his absence, by the district judge, or

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13 by some other person specially authorized so to do, by said
judge; and the inspectors shall certify, in their certificates,
that said inspection was made in the presence of said
witnesses; and the said witnesses shall append their
certificate thereto, showing when and where said in-
spection was made, the name of the vessel or boat,
and that of the inspector, and the mode or manner of
said inspection, for which services so performed, they shall
each be paid and allowed by the master or owner of said
boat or vessel the sum of one dollar; and the said witnesses
shall be competent to give testimony in all cases under
this act, if not otherwise disqualified.
Sec. 2. And be it further enacted, That, when one
or more persons shall have been killed by the bursting of
any boiler, or the collapse of any flue, on board of any
steamboat or vessel, propelled in whole or in part by
steam, the owner or owners of said boat shall pay a fine
not less than five hundred dollars, nor more than five
thousand dollars. And the captain and the engineer, or
person having charge of said boilers, shall also pay each
a fine not exceeding five hundred dollars, and be imprison-
ed for a period not exceeding six months, either, or both,
at the discretion of the court having jurisdiction of the
case: Provided, however, that the said penalties shall not
be incurred whenever the said owner or owners, captain,

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10 engineer, or person having charge of the engine and
boiler, shall prove that the said bursting or collapse was
produced by a cause which he or they could not control
or avert; which cause shall be specially set forth and
pleaded in his or their defence: And provided, likewise,
That he or they, shall not also be found guilty of man-
slaughter, under the provisions of the 12th section of the
act of Congress, to which this is supplementary.
Sec. 3. And be it further enacted, That it shall be
the duty of the captain, or officer in command of every
steamboat or vessel, in times of fog, to give signals by
ringing the bell, or blowing the steam whistle, once at
least in every three minutes, while progressing on her
voyage, or “trip,” under the penalty of one hundred dol-
lars, for every violation of the same.
Sec. 4. And be it further enacted, That it shall
be the duty of the owner or captain of every steamboat
or vessel, engaged in the transportation of freight or pas-
sengers, on Lake Champlain, Ontario, Erie, Huron, Su-
perior, and Michigan, to provide and carry with said
steamboat or vessel, upon each and every voyage, one
long boat or yawl, to every two hundred tons, of the ton-
nage of said boat or vessel, which said long boats or
yawls, shall not be less than twenty-five feet in length,
five feet in width, and two and a half feet in depth; to be

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1 kept tight and seaworthy, and in readiness for immediate
use, each supplied with not less than four good oars, at
least fifteen feet long. And it shall be the further duty of
the said owner or owners, or captain of said boats or ves-
sels, to provide and carry on said boats or vessels, for
every one hundred tons measurement of the same, ten fire
buckets in good order and condition, and of the capacity
of three gallons each. And it shall be the further duty of
the said owner or captain, while running between sunset
and sunrise, to carry four conspicuous signal lights, one at
the bow, one at the stern, and one over each wheel; and
it shall be the duty of the owner or captain of said boats
or vessels, navigating any of the said lakes or rivers, west
of the Alleghany mountains, to provide said boats or ves-
sels, with a casing or water jacket, which shall extend
from the boiler around the smoke pipe or pipes, to at
least one foot above the upper deck, leaving a space at
least three inches in the clear, between the smoke pipe
and said casing or water jacket, and said casing or water
jacket, shall be kept constantly filled with water, while
the said boat is in motion: and for each and every viola-
tion of this section, or any part thereof, the owner, or
captain of said boat or vessel, shall be subject to the
penalty of one hundred dollars.

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1 the duty of the collector of the port within whose district
any such steamboat explosion of boiler, or collapse of flue
shall occur, or if not in such district, then it shall be the
duty of the collector whose district is nearest to the scene
of the disaster, to give information of the fact to the dis-
trict attorney of the court having jurisdiction of the case,
and it shall be the duty of the said district attorney to pro-
ceed to prosecute under this act, upon such notice having
been given by the said collector of the district, or upon in-
formation otherwise obtained from individuals or news-
papers.
the duty of the district judges to charge the grand juries
within their districts to inquire into any violation or vio-
lations of this act, that may at any time, or from time to
time be committed, and in pursuance thereof to find bills
of indictment against any and all persons who may have
violated the same.
Sec. 7. And be it further enacted, That the collec-
tors of customs shall not grant to any steamboat or vessel
the enrolment or license provided by law, until the provis-
ions of this act are complied with, and the certificate of
the inspector provided for by this and former acts, shall
have been produced to said collector.
Sec. 8. And be it further enacted, That when any

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11 person or persons shall have been injured in consequence
of a violation of any of the provisions of this act, one-
half of the penalty imposed for such violation or viola-
tions, shall accrue to the person or persons so injured; and
when any person or persons shall have been killed, then
the said half of the penalty as aforesaid, shall accrue ex-
clusively to the husband or wife, if any, of said person
or persons, and to his or their legal heirs. All laws or
parts of laws now existing, conflicting with this supple-
mentary act, being hereby repealed.

1 2 3 4 5 6 7 8 9 10	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That the inspection of boilers and hulls, as di- rected by the act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam, approved July seventh, eighteen hun- dred and thirty-eight, shall hereafter be made in presence of two good and disinterested witnesses, who shall be ap- pointed by the collector of the port wherein such inspection shall be made, or, in his absence, by the district judge, or
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11 12 13 14 15 16 17 18 19 20 21 22 1 2 3 4 5 6 7 8 9 10 11 12 13	by some other person specially authorized so to do, by said judge; and the inspectors shall certify, in their certificates, that said inspection was made in the presence of said witnesses; and the said witnesses shall append their certificate thereto, showing when and where said in- spection was made, the name of the vessel or boat, and that of the inspector, and the mode or manner of said inspection, for which services so performed, they shall each be paid and allowed by the master or owner of said boat or vessel the sum of one dollar; and the said witnesses shall be competent to give testimony in all cases under this act, if not otherwise disqualified. Sec. 2. And be it further enacted, That, when one or more persons shall have been killed by the bursting of any boiler, or the collapse of any flue, on board of any steamboat or vessel, propelled in whole or in part by steam, the owner or owners of said boat shall pay a fine not less than five hundred dollars, nor more than five thousand dollars. And the captain and the engineer, or person having charge of said boilers, shall also pay each a fine not exceeding five hundred dollars, and be imprison- ed for a period not exceeding six months, either, or both, at the discretion of the court having jurisdiction of the case: Provided, however, that the said penalties shall not be incurred whenever the said owner or owners, captain,
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14 15 16 17 18 19 20 21 1 2 3 4 5 6 7 1 2 3 4 5 6 7 8 9 10	engineer, or person having charge of the engine and boiler, shall prove that the said bursting or collapse was produced by a cause which he or they could not control or avert; which cause shall be specially set forth and pleaded in his or their defence: And provided, likewise, That he or they, shall not also be found guilty of man- slaughter, under the provisions of the 12th section of the act of Congress, to which this is supplementary. Sec. 3. And be it further enacted, That it shall be the duty of the captain, or officer in command of every steamboat or vessel, in times of fog, to give signals by ringing the bell, or blowing the steam whistle, once at least in every three minutes, while progressing on her voyage, or “trip,” under the penalty of one hundred dol- lars, for every violation of the same. Sec. 4. And be it further enacted, That it shall be the duty of the owner or captain of every steamboat or vessel, engaged in the transportation of freight or pas- sengers, on Lake Champlain, Ontario, Erie, Huron, Su- perior, and Michigan, to provide and carry with said steamboat or vessel, upon each and every voyage, one long boat or yawl, to every two hundred tons, of the ton- nage of said boat or vessel, which said long boats or yawls, shall not be less than twenty-five feet in length, five feet in width, and two and a half feet in depth; to be
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11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1	kept tight and seaworthy, and in readiness for immediate use, each supplied with not less than four good oars, at least fifteen feet long. And it shall be the further duty of the said owner or owners, or captain of said boats or ves- sels, to provide and carry on said boats or vessels, for every one hundred tons measurement of the same, ten fire buckets in good order and condition, and of the capacity of three gallons each. And it shall be the further duty of the said owner or captain, while running between sunset and sunrise, to carry four conspicuous signal lights, one at the bow, one at the stern, and one over each wheel; and it shall be the duty of the owner or captain of said boats or vessels, navigating any of the said lakes or rivers, west of the Alleghany mountains, to provide said boats or ves- sels, with a casing or water jacket, which shall extend from the boiler around the smoke pipe or pipes, to at least one foot above the upper deck, leaving a space at least three inches in the clear, between the smoke pipe and said casing or water jacket, and said casing or water jacket, shall be kept constantly filled with water, while the said boat is in motion: and for each and every viola- tion of this section, or any part thereof, the owner, or captain of said boat or vessel, shall be subject to the penalty of one hundred dollars. Sec. 5. And be it further enacted, That it shall be
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2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 1 2 3 4 5 6 1	the duty of the collector of the port within whose district any such steamboat explosion of boiler, or collapse of flue shall occur, or if not in such district, then it shall be the duty of the collector whose district is nearest to the scene of the disaster, to give information of the fact to the dis- trict attorney of the court having jurisdiction of the case, and it shall be the duty of the said district attorney to pro- ceed to prosecute under this act, upon such notice having been given by the said collector of the district, or upon in- formation otherwise obtained from individuals or news- papers. Sec. 6. And be it further enacted, That it shall be the duty of the district judges to charge the grand juries within their districts to inquire into any violation or vio- lations of this act, that may at any time, or from time to time be committed, and in pursuance thereof to find bills of indictment against any and all persons who may have violated the same. Sec. 7. And be it further enacted, That the collec- tors of customs shall not grant to any steamboat or vessel the enrolment or license provided by law, until the provis- ions of this act are complied with, and the certificate of the inspector provided for by this and former acts, shall have been produced to said collector. Sec. 8. And be it further enacted, That when any
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2 3 4 5 6 7 8 9 10 11	person or persons shall have been injured in consequence of a violation of any of the provisions of this act, one- half of the penalty imposed for such violation or viola- tions, shall accrue to the person or persons so injured; and when any person or persons shall have been killed, then the said half of the penalty as aforesaid, shall accrue ex- clusively to the husband or wife, if any, of said person or persons, and to his or their legal heirs. All laws or parts of laws now existing, conflicting with this supple- mentary act, being hereby repealed.