Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-10-22

subserve his own purpose, and stopped very care.
fully ust at the place, which would explain the pre-
ceding paragraph, and prove confesstdy that Mr.
McKeon did not accord exactly with the honorable
Representative frem the city OF New York. IL the
authority of Mr.. Mckeon is Of so much weight, as II
seems TO bear ia the estimation of the chairman OF
the Committee Commerce, shall read short
para raph fer his edfcafion commencing MY read
ing just where he left of his. What says the re-
port
The committee have fully considered the prop1ety
submitting legislative provision the decision ofhe
House bu: have concluded tina, airy attempt 10 interfere
with the sntjer especially at the present session no"
rapidly approaching TO termina:on would not be advisa
bic would disturb the legislation OF States and
the regulations OF all ports from ali which, with but
one exec luon, no Complaint IS made"
This passage, the chairman Of Inc Committee on
Commerce cautiously omi ted in his reading. Ii too
clearly tells the miscliefs una voidsbly emanatipg
from hasty aud partial legislation, on a subject 80
complex as the regulation at pilots and explicitly
rccoInmends postg onemept Of action until time
would permit a matUred system Of laws by the Ge-
neral Government.
But as the honorable chairman did not choose to
read even thus far he will pardon me, il call the at
;entien OF the House. and his especially, 10 part OF
asubsequent paragraph in the same report, which
ialiy upholds the prinep pies which have advocated
1t says:
Congress particular should leave with the States all
matters which can be LEI. under their guidance"
Above all, ii Congress choose 10 interfere in mat
tiers hich have not been conceded by its own act
the legislation ofthe States its interference should
be pienary, none at all. Ii should either resume
ITS rIgat In toto, or forbear all nterpOsition. The
lines between State and general Legislation, should
be kept distinctly marked. Nothing can be dan.
gerous TO the rights .! the States TO suffer under
any circumstances, or any pretence, the slightest
Indignation Of the desperate jurisdiction OF the
ordinate authorities governing the citizens OF this
country Permit confusion TO be created
the supremacy of one TO be merged in the legislation
O. the other, and the rights Of the States will gradu
ally, and imperceptb,y lose their identity in central
ISM II divided empire is in danger, divided
Ia rs dom Ill
ties OF the citizens anomalous in its aspect and
cessariiy unequal in its operations. II there be bat
one object on which r. lcgislate there should, in all
wisdom, be but one legislative action For one
result, there should be but The SUPPOSE
tion of two for effect, is upphilosophi
in metaphysics two law givers for one subject, is
unwise In Government You can't serve two mas
tiers.
| The authority Of Mr. McKeon. il it is to possess
any influence, evidently is adverse to the position
assumed by the gentlemen himself He deprecates
basty legislation q subject complicated, and is
opposed 10 tho interference OF Congress in the mat
ter. 1t would have been mere just had the wisdom
Of orr fathers Of l7s9 been adopted msdel for
imitation. But notwithstanding the reclamation con.
tanned in the report from which have Just read
tracts, and which was made to the House the %
February, 1857, camor and excitement ccecded on
forcirg bill through both Houses by the beginning
Of March; the act having obtained Executive sane.
tien on the "a of that month 1t was evidently the
| offspring OF excitement, not of deliberation. Tive
disastrous shipwrecks had taken place the loss Of
life and property attributed to the negligence Of
the pilots, and some measures OF cocr,ion deem
ed necessary to enforce more assidaous atten. ion
to their duty. Tbs idea Of any enactment by Con-
gress arose purely from the supposed culpabilty OF
the pilets. Much eloquence was wasted on this ap.
Parentlv fruitful thence but when defamation is dis
regarded and facts scrutnized, appears that they
were blamed without reason, and their negligence
was in no wav instrumental IN causing those disas
ters The pilots we're at their posts the disasters
originated from the utter careles Of the officers
and crews Of the vessels themselves This lion
is not made without full evidence Of its truth.
The & ntleman has read presentment Of the grand
jury OF New York, on the subject Of those wrecks
but with his usual controversia tact, has warily
omitted some Of the most important passages shall
take the liberty to supply his omissions and by SO
doing, show from the authority OF the grad jury IT.
self, that blame attach TO the pilots. The &c
csion pronounced by them is unqnestionabiy emit
tied 20 respect than vague defamation based
upon rumor. What say the grand jury E" That the y
have felt themselves bound by the great excitcment
produced by the recent fatal shpwrecks in this vci
pose ofasceraning how far they could be sttrbuta-
BILE to any cupabls neglect the part Of the pilots
Of this ports and in the hope that such inquiry night
in any event, be conducive tothe public good" Here
yon perceive that gre al excitement prevailed; and,
amid the din, the pilots coadem ned by the pr5-
| lie without hearing. But the grand jury after a
| thorough examination OF all the important facts,
reached result different from that which isnorance
Of the circumstances had impressed on the minds OF
| the credulous." Z" tits evident" they say, both
in the OF the Bristol and Nexico that their loss
is not attributable to the wind which moderate
and of shore; and the grand inquest feel bound TO
state their conviction, that both these casualties
might have been avoided ty the exercise Of suita.
BILE degree Of caution on the part Of the officers and
crews of these vessels Such is the decision Of the
grand jury. The wind WAS moderate and off shore
so that these vessels, il would appear, deber.
ately on their own destruction. The wind was no,
such as to drive them on shore on the contrary
they obliged to hold their course against the
| wind, in order 10 accompl sh the catastrophe. Had
their officers furled all sail, they would have beer
waited from the danger. without an effort And yet
| though the commanders OF those vessels, by the
painest culpable neg ence, many lives
| and so much property-tbey must escape uDscatch-
ed, while the pilots made to bear the imputaion
Of their guilt, and become the scape goats for the
sins of others.
But will eXamine ore infinitely the cases Of dis
asters which have been sri utea TO the delihquen
cy al the pilots when in neither there pi-
lot ON board The decision Of the grand jury is cea
In their favor; but that is not the only testimony
on which We have To depend. That verdict COM
plctey clears them Of the accusaton in both counts
will produce other evidence on each one separate
". it'll respect to the Bristol first, the AFFIDAVIT
Of James Malone who second officer Of the ship
Bristol. at the time che was lost, who declares
"That in a conversation which deponant had with the
Captain Of the Bristol since the wreck Of the same the
Captain fully cxonerated the New York pilots IRON ali
blame whatever in that affair"
And he also makes oath thst-
lie verify believes and declares that in his opinion no
blame whatever ought to attach to the said pilots
for or on account Of the loss Of the ship Bristol
Secondly, affidavit Of sailor belonging ~ her
will 60 TO show clearly the gross and culpsbIe mat.
tenion of their captain. IL will inforn the House
that when the ship was off dangerous coast, such
as that If New York is known TO be, net even that
indispensable requisite of coast navigation, lead
line, was TO be found and amidst the difficulties Of
such navigation, the captain, instead Of attending
TO his duty, was snugly enscoaced in his berth. So
says. on oath, Thomas Savage, hand on board the
Bristol at the time she was wrecked win read a
portion Of his deposition
This is TO certify that was on board the shin Bristol
on her passage from Liverpool to New York that
day. the 10th day Of November, made the Highland
lights not far from o'clock, p m We then stood in until
about half past o'clock, We then hauled upon the
arboard tack and stood that tack until the ship struck
IL being then quarter before O'Clock m. The crew
mentioned among Themselves when the watch
hcved at u o'clock that strange that orders
not given for lacking wearing ship to ssndto the south