The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-02-07
FOR THE MADfsoNIAN
THE PILOT LAW.

FOR THE MADfSoNIAN.
THE PILOT LAW.
Mr.. EDITOR: May be permitted 10 occupy small
space in your columns for few remarks on subject
of local character trust that you can find diff
hculty in complying with my request. Your paper,
am OF opinion, cannot be compromised by accommo-
dating me. The subject of my communication is one
with which, from your position, you be but little,
fiat all, acquainted-one which you can hardly have
Investigated, which you therefore have formed
no opinions | conceive therefore, that no matter
which side of the question may advocate, / cannot
come into collision with any opinions formed ex-
pressed by you. 1t is question, however in which
my relations in life have induced me to take deep
and lively interest," and may therefore be excused for
deyoting few Of the inersces left in my usual
cations, to exposition of the views have formed
and the reasons on which they are based.
There is now before committee Of the Senate a
memorial Of the New York pilots, praying redress
Of the grievances under which they labor by law of
Congress enacted in 1887 and asking repeal of that
law do no, intend to impose on your kindness, so fal
as to enter into long and elaborate dissertation on
the merits of the question: and trace the history the
law of lS37-the mi taken motives which induced its
enactment but TO discuss its consttutionalty, and
prove lis injustice. My remarks shall be made as
brief as possible.
For an understanding of the subject, it may, how
ever, be necessary for to premise, that 1888
Congress enacted That all pilot, in the bays, inlets,
harbors and ports of the United States shall continue
to be regulated in conformity with the existing laws Of
the States respectively, wherein such pilots may be,
with such laws as the States may respectively
henceforh enact for the purpose until further legisa
tive provisions shall be made by Congress.
Before the passage of this law, the States had each
respectively, made their own laws in relation to
their own pilots-and its passage merely authorized
the continuation of the power which had before been
exercised No change took place until the year 1887
will not now stop to inquire whether, under the con-
stutonal sanction to regulate commerce, Congress,
IS vested with power to enact laws governing Pilots
will not now examine, whether if Congress orig-
naly vested with that power, has not forfeited the
right by non-llser of fifty years duration. These are
abstract points for the investigation of which feel
have not legal reading sufficient But think that,
according to the plain dictates Of sense the
law of 1887 is in conravention to the Constitution
That law will give you.
1t enacts g that it shall and may be lawful for the
going out Of any port, situate upon waters which
the boundary between the States, to employ any Pr
lot duly licensed authorized by the laws of either
OF the States bounded said waters pilot the said
vessel to and from the said port any law usage, or
custom, to the contrary Notwithstanding
This law deem unconstitutional My reasons
shall give as succinctly possible. Each State is
sovereign within itself as to all powers delegated
to the United States blythe Constitution, prohibited
by it to the States. No State can extend its NUM-
cpal regulations into another State can Congress
itself confer such prerogatve. But, under the law
of 1887, Pilot licensed by one State restricted by
its regulations and governed by its laws--obtainng
all his rights and privileges from its enactments-
can, under its authority, continue in the enjoyment
of those rights and privileges within the jurisdiction
Of another State in spite its prohibitory laws If the
principle is correct with respect to Pilot it is equal
ly SO with respect to pedlar or tavern-keeper.-
The New Jersey Pilot, under the sanction of the
law of Congress, can, by the authority of New Jer
sey license, pilot vessel into the port of New York
The same sanction, backed by the same authority of
regulating commerce, will enable pedlar, under
New Jersey license, to hawk goods about in New
York, notwithstanding the opposition of the latter
State The principle contained in this law of Con-
gress will extend the municipal regulations of one
State into another.
But it is unconstitutional, not only because it multi
fes the law of one State by giving paramount autho
rity to the laws Of another, but because it directly
produces the same result by its action Under the law
of New York, the pilot who conducts vessel into
port is entitled to the privilege of taking her out
This law is rendered nugatory by the act of Con-
gross. Under its authority, the master may
select whom he peases to pilot the ship out-the
law of the sovereign State Of New York to the con-
trary notwithstanding. Has Congress the right, un-
der the Constitution, to nullily State laws to limit
its notification Of State laws If it has the power to
legslae this subebt, at ALL which is doubtful its
legislation should be entire. 1t cannot legisate has
ty, without impinging the rights Of the States
and without creating collision between the urisdic-
ton of different States.
These are remarks hastily thrown together on the
abstract question Of the consttuonaity of the law
of 1887. SHALL with your permission, return to this
subject again. In the of the Pilots feel the
interest of fraternity, being
OLD MERCHANT.
"THE New HAMpsHIRE Book being Specimens of
the Literature of the Granite State.n-We acknow-
ledge the receipt of this valuable and interesting
all, T.. q, n,