The Orion.

Subsequent prosecution for neglect of duty, and culpable homicide.

Suggestions.

along the most critical part of her voyage; with no accredited pilot on deck, but merely desiring the mate to call him if the weather should become thick,' tacitly approving the course then steering, and with reliance on any subsequent course the mate might think proper to adopt, he, the master, was indirectly the cause of the wreck of the Orion. And inasmuch as the boats of the Orion were not available to succour the people on board through want of anticipating regulations to secure order and prompt service in the hour of needing the boats, so did further blame attach to the master; and, as respects the defection of boat service, blame also extends to the chief mate, George Langlands."

"Such was the conclusion of the law authorities of Scotland on the face of the depositions, and with reference to the palpable facts, that the master, first mate, and second mate, were forthwith committed for trial on charges of neglect of duty and culpable homicide (")."

And under the title of "suggestions," Captain. Denham further reported as follows:

"The Orion's case suggests (for averting the like disaster) the following official regulations, viz. :

"1st. That all coasting steam packets should carry a certified pilot for the coast their traffic line embraces, so that, when the master has occasion to leave the deck, the ship's safety would not devolve on a subordinate, exercising both pilot discretion and the accustomed authority of officer of the watch, in the same person. The skill required in the former, and the absolute power attaching to the latter office, may exist in one person, but should never be combined as duties. In the case before us it is certain that had the master or chief mate been on deck, viewing [the second mate] John Williams as the pilot, or so viewing him, had a second or third mate been on deck in charge of the watch, either of them would in their priority of responsibility have stepped between him and his rashness and saved the ship; but, as it was, he was absolute, and all that the third mate could do was to warn him; taking the helm would have been construed into mutiny; rushing to the

(") See post, page 95, and Appendix, page 340.

captain would have given mortal offence (if nothing The Orion. happened after all) even though his interference averted the destruction. In a word, the pilotage of a ship is only ensured when under the eye of greater responsibility.

66

2ndly. The boats of all passenger vessels should occasionally be inspected by a Custom House Officer or a Board of Trade Surveyor, in order to ensure the number and size of them as prescribed by law, and that they are in good condition, properly equipped, and easily lowered to the water, and that the master had stationed the mates and crews to the best advantage amongst his boats for their separate constant care and efficient service on emergency, each boat to have a distinguishing number painted on her bows. 3rdly. That the master be required to see that his boats are uncovered, their gear in place, and all clear for immediate use at sunset when out of harbour.

66

5thly. That the berthing tickets given to passengers shall conspicuously denote also the number of the particular boat to which the bearer of such ticket must resort in the event of being ordered by the commander to take to the boats, and that such a notice be exhibited in each berth. By such a distribution of order and forethought among the passengers, and systematic manning of the boats by the crew, the suicidal confusion I have had to recount from time to time as having prevailed when packets are wrecked, may at least be mitigated, if not averted. Certainly no man is nearer being perished because reminded of contingencies attending his position.

"6thly. All passenger vessels should carry one lifebuoy to every three passengers she is constructed to carry, and every deck cushion and mattress should be stuffed with cocoanut fibre or cork shavings. The life-buoys ought to be distributed in lockers fore and aft on the upper deck, with loose covers, so that they may float out as the ship foundered.

"It may urge these suggestions into adoption, if I state that it is not the Orion's case alone that has started a consideration of them; such will be found in a code of regulations, thirty-three in number, which I was moved to submit to my Lords in 1848 as arising from my investigations of the cases of the steamers

C

The Sirius, &c. Sirius, Finn McCoull, Tribune, Great Contest, Senator, Prince of Wales, Royal Victoria, Queen of Scotland, Flambeau, Vanguard, Minerva, Viceroy, Border Queen, &c."

The Dumbar

ton Castle.

Captain Denham also made an elaborate reference to the circumstances of the Portpatrick light, and explained various suggestions for its improvement, and he further called special attention to the very inadequate lifeboat accommodation at Portpatrick and to the entire absence of any "night look-out, or watchman, whether of Customs, Coast Guard, or Harbour Master, or pilot on any routine of duty at the port."

Another Inquiry by Captain Denham into the circumstances attending the wreck of the Dumbarton Castle, with loss of life in August, 1850, illustrated strongly the necessity both for a closer supervision of steamships, and for more comprehensive legislation in regard to them.

The following startling facts were reported by the Inspector:

"The steamer was totally disabled whilst attempting an open sea trip with between fifty and sixty passengers on board; first, by the working of her hull tearing the starboard injection pipe from her side, and causing a leak which the engineer could not staunch, nor the pumping and baling means keep under, so that the boiler fires were drowned; secondly, that when bearing up for the nearest land and steerage way was of vital consequence the vessel was found to be deficient in every sea-going requisite. She had but one small unfitted jib, scarcely a bucket to bale with, no sounding lead-lines, and so slender a topmast that it could not sustain a flag of distress, in which condition it took her five hours to drift nine miles, all which time the leak was so gaining on the baling exertions of the passengers with every utensil they could avail of, even to the compass boxes, that when the vessel struck the strand her upper deck was under water. In this critical situation, with a flowing tide, it was found that the only boat on board would carry but eight people." The Inspector further reports that "the master proceeded to sea on a coasting voyage of sixty miles, forty-five of which lay along a most exposed and shelterless

seaboard without a sail ready to set, a lead-line to sound with, a gun to enforce a signal, nor a compass that could be steered by, the pilot having had to borrow one on the eve of starting."

The report contained the following suggestions:"Presuming that the accident in question would under surveillance have been averted, and adverting to the fact of there being several hundred steamers employed at our ports similarly situated, I submit with all deference that the case is suggestive of a more extended and systematic supervision of our mercantile steam fleet of 1,100 vessels than the present Acts provide for; and that in any future. arrangements to that effect no steamer of the Mercantile Navy should be exempted; and that the powers and duties of the official local surveyors should, under a general superintendent, extend to the inspection of the vessel and her regulation equipment, at any time it may appear desirable, as well as at certain fixed periods; and that in licensing vessels as to their number of passengers, it should be determined according to capabilities of vessel, and efficiency of equipment, master and crew, whether she might go beyond the harbour or river mouth or not."

In connection with the same subject, Captain Denham had already in February, 1850, presented to the Board of Trade a report on the "Systematic Supervision of Steamers," which may be usefully referred to (a). It contained the following passage:"In the eighteen reports which I have had the honour to present to their Lordships, upwards of forty-four suggestions for averting ascertained causes of disaster have arisen, and whereon I anticipate that the Right Hon. President, Mr. Labouchere, will see additional reason to remodel the existing Acts."

Captain Denham further stated that he had "gathered such information as might strengthen the application for an amended Steam Navigation Act, whereby our mercantile steam fleet of 1,008 vessels, exclusive of 102 mail steamers, shall be as essentially superintended as our railroads are."

Various preventive measures were then recom

(*) Parliamentary Return 696, 8th August, 1851.

lations.

Code of Regu mended, including the adoption of an international system of lights for steamers and sailing vessels.

It is interesting to notice that Captain Denham, in submitting to the Board of Trade the Code of Regulations, "thirty-three in number," prepared by him in 1848, and mentioned in his report upon the Orion Inquiry, described those regulations as a list of the points which official inspection of steam vessel accidents had developed, and whereon the Board might deem it advisable to promote further regulations for the safety of life and property at sea." The Code of Regulations bore the following heading: "Amendments to the Steam Navigation Act, 9 and 10 Vict., c. 100, as suggested by the Official Investigations of steam vessel accidents, of Captain Denham, R.N., F.R.S., between February, 1847, and October, 1848." Not only therefore do the suggestions above referred to Object of In afford a practical proof of the object of the investigations into shipping casualties as understood at the time of their institution, but the knowledge thus acquired is distinctly traceable in the subsequent legislative enactments of 1850, 1851, and 1854.

quiries plified.

exem

Legislation

consequent thereon.

Inquiries

under the Mercantile Marine Act, 1850.

Greater formality in the procedure.

The Mercantile Marine Act, 1850, extended the powers of investigation to the case of sailing ships, while preserving to the Board of Trade the entire control over the proceedings. Without entering into detail on the subject of the Inquiries held under that Act, now repealed, it may be stated that the reports of the Inquiries were all directed to the same practical ends, and prove the efforts of the Board of Trade to trace the causes of shipwrecks with a view to the prevention as far as possible of future casualties.

CHANGE IN TRIBUNALS INTRODUCED BY THE MER-
CHANT SHIPPING ACT, 1854.

By the Merchant Shipping Act, 1854, a greater degree of formality was introduced into the procedure (") by which means, and by the substitution of Stipendiary Magistrates and Justices of the Peace, as the presiding authority, in place of appointees of the Board of Trade, it was reduced to a system more Board of Trade. in harmony with the general institutions of the

Result in regard to the

powers of the

(a) See section 433 of 17 and 18 Vict., c. 104, post, page 57.