Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-10-22
S p E E c. H
OF
MR.. HILLEN, OF MARYLAND,
In FAVOR OF THE REPEAL OF THE ACT OF CONGRESS,
OF MARCH 2ND. 1870
OF


In FAVoRoF THE REPEAL ACT OF CONGRESS,
or MARCH 2SD, 1870
FOR REGU LATINO PILOTS
Delirered in The House Of Representatives., jane u,
lS40.
Mr. lIillen wished to say a few words in reply TO
the gentle man from New York They were render
ed ssary from the position in which he was pla
ced position not of his own selection. When this
subject was first referred to the Committee Com
merce, the chairman MIR. Curtis in distributing the
labors Of the committee, assigned, Notwithstanding
his objections, the examination of this question to
him He expressed his desire that il should be
mtted to the care of some other gentleman, but as
the chairman urged it upon him, he consented be-
ing unwilling TO appear reluctant in performing his
proportion Of the duties of the committee.
In undertaking that charge, he was well aware of
the difficulties that might arise in his views did
not coincide with those ofthe New York delegation,
all Of whom now advocating the continuance Of
law which he is anxious to appeal. But having been
forced into examination of the question: the gen.
tleman from New York Mr. Curtis] must excuse
him. if he followed the dictates of his judgment,
founded upon the law and the facts, in preference
the opinion of that gentleman, based. as he would
endeavo 70 show upon mere assertions and assump.
tiOns.
At this stage of the discussion it also nece ssa-
ry to place himself in proper attitude before the
House, by unequiveca denial Of the charge Of ia
voring combinations and monopolies. Such were
not his principles ner the principles Of the party
with whom he was associated. In the course of his
N -, z,
of the act Of Congress of 1887 would have no such
tepdency-that the law Of New York expressly pro-
hibits, under penalty, any combination; and that
der its provisions no monopoly can exist If he sue
ceeded in this, he felt assured that neither the gen.
temen from New York, nor a7y Of his colleagues,
would longer oppose the appeal Of this unjust if
not unconstitutional enactment
The morning hour having expired, Mr. Hilleh here
suspended his remarks.
On Thursday, Mr.. Hillen resumed
MIR. Speaker Yesterday, by the cor cession Of the
gentleman from New York, it clearly appeared that
did not obtrude into the business under discussion
as a volunteer. / took charge of the memorials of
the pilots with reluctance bu: having once cons eat
ed to investigate the subject, did, what must
ed with earnestness and assiduity. My zeal-which
feel to be duty imperatively incumbent on me-
should not subject my motives 10 unfair quotations.
am actuated by no hottie feelings towards the
chants. For them have always entertained the
highest respect; and representing in part the
camille interest Of Baltimore, cannot Int feel the
strongest anxiety for their prosperity. To protect
and promote those interests, have always evinced
a solicitude, when could do so consistently with
the interests of other proes and with the well
fare Of the country. ask no favors or immunties
from the House for the pilots Of New York, or Of
any other place; merely demand for them an equr
table protection-such protection as is consistent
with the rights Of other portions of the community,
and with the true interests Of the State do not ask
that the New York pilots should receive the sane
tion or protection of Congress for neglect dere-
lection of duty but that they may not be subjected
to unequal and oppressive restrictions. ask only
the repeal of the act of Congress of 1897 which, par
tia in his Legislation, and the offspring Of hasty and
excited action, was unjust in its origin, and i'm
medistely rendered unnecessary by the Judicious
enactment Of the New York Legislature. ask that
the whole matter may be restored the situation in
which it was left by the act Of 1859 and that IL
should remain as was then, subject wholly 10 the
control Of the States. Under the old system, little
or no dissatisfaction was any where exhibited the
alteration 10 not equally exempt from ccnsure.
The matter under discussion though in its results
OF general interest, having been aecidenty rendered
of character purely local probably has not attract
ed the degree Of attention which its intrinsic mert
deserves and therefore brief history OF the law
gulating To pilots may be necessary.
In l7S9, Congress conceded the power Of ,egisla-
ting this subject 10 the several States resigning
all jurisdiction over il, establishing them agents and
empowering them to legislate thereafter. Things
thus remained from 1883 10 1887, space Of nearly
half century the Legislatures Of the States exer
cisins benehcialy, through this long lapse OF time,
the whole control Of their spective pilots, without
the interpostion Of Congress. During the whole Of
this PERIOD as far as the docum sntEry evidence it'll
in my reach informs me, no complaints were ever
made TO the State Legislatures. All at once, memo
rails we're presented to Congress dccrying the pilots
Of New York, and denounciRg their ne gi gence and
inactivity. Whence originated this sudden rcvolu-
tion Whence arose a storm so unexpected and so
violent, after calm OF a duration protracted 7
The loss Of the Bristol and the Mexico the coast
Of New York, gave birth to the law Of Congress and
simultaneously to an act of the New York Legsla-
ture Here the point at issue between the gcnlemaa
from New York and myself is, how far blame is Just.
y attributable to the pilots for the loss Of those
vessels.
[Mr. Cart, here explained, that, in his remarks,
he had expressly waived tke charge against the New
York pilots. lie had not attributed any blame TO
them in this instance, as had he thought proper to
do so, he would have produced evidence
Mr. ii. resumed. From the debates in the com
mittee room, Mr.. Speaker, have always understood
that the neglect Of the pilots was the alleged cause
ofthe loss Of those two vessels. give my need Of
compliment TO the ingenuity which urge these
arguments in the privacy Of committee, TO bias the
opinions Of its members, which IL evadcs employing
in public and before the country; there is prudence
in not again assuming position which experience
has proved untenable. Thoughtless excitement and
illjudged sympathy have been sxered, too success
fully, to popular ind gnation against the pilots
IL is ndieious and polite not to reterate the char
ges lest opportunity should at last be aord.d for
their refutation. IL would not be wise, after all the
violence Of invsctive against them, to elicit inquiry
into the SANDERS engendsred by prejudice and pro-
pagated by malignity. Bat how does II happen that
the gentleman now declines charging the wreck Of
the Mexico and Bristol TO the pilots Whence this
new borne sympathy ! Whence this infusion ofle
niencyl Does IL originate from pure, unso phstica
ted Kindness 20 the pilots, or i IL because he has at
length, though late discovered that the accusation
is founded upon fssehosd, and cannot stand the test
Of careful and impartial scrutiny
The gentleman asserts that i am mistaken when I
suppose that no complains were ever addressed to
the Legislature Of New York against the pilots prior
TO 1877. BE Il so the cause ] am defending will
suffer nothing by the concession. Policy may have
dictated elimination but the complaints having
been discovered 10 be desti ute Of foundation were
wisely dismissed, without any attempt 10 correct
imaginary evils. Since legislative action was had
favorable to the the inference is ire
sstible that the charges alleged destitute cf
foundation. This conclusion 10 forced upon us by
the ctability Of the Legislature well ss the
solemn obligation controlling the action Of its
bers. No complaints then sufficient 10 attract
the public notice, 60 obtain legislative interposl-
ton until the press in 1887 tecmed with denuncia-
tions Of the pilots, whose neglect, IL asserted
was the indirect Of the disastrous less Of the
two vessels often figuring in the declaration Of
editors and orators. For the first time known 10 us
in such ease the interference OF the grand jury was
invoked. The subject Of framing new regulations
for the pilots had been, the gentleman sssortsa long
time under consideration, but nothing decisive was
effected until through the agency Of the shock PRO-
d. ced T. those two wrecks. The fate of the two