The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-01-17

Pilots and Insurance Stock.
Hitherto the proscriptive course Of the Board Of
Commissioners Of Pilots, appointed by the Cham
Der OF Commerce, Board OF Underwriters, and Sc
cretary of the Navy, has been commented upon.
The subject will now be considered in another
aspect, particularly pointing the Board Of Under
writers. First however, it will be necessary to ex-
pose the extent ofhe State pilots wrongs, by stating
that not only have AZ ships, barks, IL briggs and
2 schooners, brought to this port by the New York
State pilots, been taken from them ON their outward
voyages, for the benefit Of the merchant pilots,
since June last, but, during the same period,
ships, 10 bsrks, and 10 briggs have in like manner,
been transferred 10 the pilots OF New Jersey.
The insurance companies who have 30 zealously
enlisted themselves to crush the New York licensed
pilots by their controlling influence as underwriters,
cannot object, should various propositions be pre-
scented tor their consideration. affecting not only the
interests of merchants and shpowners, but OF the
stockholders whom they represent.
Let certain cases be assumed, some OF which,
possibly may, nay, probably Will occur, under the
existing system and what will be the consequence
First-Suppose ship, laden with valuable car
60, on approaching Sandy Hook, should encounter
pilot-boat one OF the company Of which should Of.
fer his service, and the captain drawing from his
sioners, should refer to the 9th article, and there find
himself recommended (synonymous with ordered)
by the underwriters to employ only such pilots as
produce the certificate OF that board, or one appoint
ed by New Jersey; and so finding, should hail the
approaching boat to ascertain her character and on
being informed that she was New York pilot-boat,
with pilots on board licensed by the State of New
York, one OF whom had offered to navigate the yes
eel into port should refuse the service; and further
suppose that the vessel either from bad weather, or
other cause, not getting another pilot. should be
wrecked. Supposing, then, the occurrence OF this
state of facts 1t is asked what would be the conse
hat he he of all
street on receiving intelligence OF the disaster :
How many questions OF responsibility would be
mooted and in the event of loss Of life, what
would be public indignation
Obviously, the underwriters OF the policy, who
composed the board, would be bound by their con-
tract and Obliged TO- pay their subscription, as the
conduct OF the captain, being IN accordance with
their express instructions, court Of law would not
perm it them to escape from it; in effect it would be
considered as part OF the engagement on which the
assur ance was effected-and no court would permit
them TO repudiate their solemn act, from which the
disaster resulted in seeking to be absoved from the
Though the Chamber Of Commerce and Board OF
Underwriters claim to be Wall street-claim to be
the commercial enterprise OF New York, and even
of the United States-yet, after all, they not all
suggesting insignihcance, 1t Is again asked, what
would be the effect Of the state Of facts, should
the vessel and cargo have been insured in Europe or
elsewhere than in the city Of New York. The
is, that by the welseed principle of law, the lnsu-
rers would be discharged by the act Of the captain,
and the loss would fall on the owners. Take the
case Of foreign vessel wholly insured at her home
port to the master Of which the busy agents of these
Commissioners OF pilots may, on former voyage,
have provided with the constitution, and who, mis-
led by the security he supposed It afforded him,
should in all caution, reject the services of New
o
led an implied condition Of the contract of insu-
rance-an implied warranty of the contract being
that skilful pilot should be employed" See
Law VS.. Hollingsworth z, Term. Rep. l60-where
lot on board the vessel at the time she was lost,
though one could have been employed, the under.
writer's were discharged. Such is the well settled
law as well OF ehis country as Great Britain:
sci approaching This port, The Ashburton for In
stance, and New York pilot boat should fall in
with her-lf, on being told by the captain that il
last two voyages we took you safely into port but
on your two outward voyages you rejected US and
employed our rivals we will now 60 turther In Pur-
harshly dealt with us''-and ON 80 doing the noble
ship should be lost; wh.re should the blame justly
fall? JustiUon the underwriters. AS .ye have
sown, so shall We reap-ye have sown IN the whirl-
and rep s a5o.s board should
perish, what answer, In the hour OF retnbution,
could be gwen by this selfc0nstlured body to the
widows orphans and friends Of those thus doomed
swer to stockholders, often widows and orphans,
tor the abused trust, in case OF loss In refusing skill
ful pilot!
sponsibility they have assumed, before they are
overwhelmed with its consequences Z Would a
wise man hold stock in company that invites risk
without redemption, and strikes at the foundation
of its own preservation At this Indictment season,
when Sandy Hook is the fearful sepulchre Of ships
and men, the voice Of humanity should at least be
heard and prevent the dismal dirge of parents chill
dren, friends, swallowed in one common grave.
Does fancy suggest these fearful reflections, or do
uncontroverted facts go appeal as not to be misun-
derstood!
Of Jersey pilots there are some twenty, of mer-
chant pilots about the same number, OF New York
State licensed pilots eighty OF these, tho I'M
derwriters recommend that forty alone should be
employed in the service, whilst eightyhve are dis
former cry Of monopoly, though the pilots Of New
York then exceeded twofold the number now pro-
posed to be employed. Is such the course OF pru.
dent men Will stockholders permitita Whether
the cause Of humanity and commerce" is thus pro-
NOTED, cannot be question: .as.
This consolation and confidence yet remains the
New York pilot, humane, skilful and Injured to dan
ger, will not desert his post neither persecution or
reproach goad him to forget his duty; conscious
Off to an overriding Providence, by whom his
frail bark has been guided, amidst tempest and
storm, he will not resort to revengeful retaliation,
when the inoaensive and offending may share
common fate. PUBLIcoLA.
Georgia Lumber Co. shinplasters.
]. g. BENNETT, ESQ -
Believing you to be friend of the poor, and ever
ready to your efforts to protect them from the
tricks OF rogues would call your attention TO the
the aboring classes Of this city, another batch OF the
worthless trash whose title stands at the head OF this
communication. The impudence OF the thing, Is
..lf have de haen