The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-12-24

and Louisiana with Mississippi. Two Of these States
lNsw York and MarylAnd) have, by legislative rssou-
individuals In different States for the assertion Of sup
posed rights has and classes have been arrayed
Congress for relief nom caused by s own
eshston or for profession In the enjoyment Of privis
leges acquired under It, For these and for the
further that the act Of Congress unjust In ts
erstisn upon mertorous and valuable class citizens
who should be left to the regulation Of laws
ask for its repeal Should the application prevail the
State Of New York viii probably place the subject
such regulations the mercantile interests OF the city
Of New York. and the commercial the country
require and the whole eot will be left where It
before the constitution OF the United States was framed
aud where remained for half century afterwards
der the each State within its own Jurisdiction
ought to add that the st effect Of the repeal Of the
wholly op en- to competition, condition which por-
ton Of the commercial community deem preferable
to any system Of regulation Having given this brief
the present condition Of the pilot system there pro
Deed to some considerations Of a graver character
nearly half century after the adoption OF the Consu
ton to declare that the subject potage should
regulation II Is truethe act provided should remain DO
until further provision should be made by Congress-
It. The rst question which arises is whstker this ssump
ton be maintained Does the Constitution ur der
tbs authority given to Congress to regulate
confer on II the power OF appointing pilots prescribing
their duties and assigning the limits within which those
duties shall be performed Is the assumption Of such
power In accordance with the rules Of strict
uon which some OF deem essential to the
OF the Of the States and the restriction
powers OF the general government to their constitutional
boundaries Sir do not propose to discuss this ques.
ton for the reason, that II the affirmative were 10 be-
made ort 1t would not follow that the of Congress
OF March 1887 In accordance with the proyisops
OF the Constitution Congress has that act
commission under its own authority to perform the du
ties Of pilots But 1t has assumed to authorize pilots
functions within the jurisdiction Of the state Of New
York From this exercise Of power dissent, wholly
and emPhatically We deny that Congress with
or IA Owe Tn afa
thorze officers appointed by State to within
the jurisdiction Of another and perform their appropri
Union and enforcing the authority Of the federal
Congress has authorised the appointment msrshas
Of the United states as shsrs and their deputies in
the several States have by law In executing
moment, that Congress should authorize sheriff OF
Georgia. for instance within the Jurisdiction
the state Of south Caroos and execute issued
neither appointed commissioned by the federal 60
vernment, by the State within which his official
were to be performed? Certainly this would be great
abuse Of power, not positive usurpation. The
thority given to pilots licensed by New Jersey to pilot
vessels Into New York. through waters wholly within
tho jurisdiction Of the latter, Is equally offensive 1t
authorizing the officers Of State to exercise their
is stripping the state Of New York Of portion Of her
sovereignty and comforting 1t the State of New Jer
sey 1t Is one of those entertainments the rights
OF the states which, from small and almost i'm
psrcsptible beginnings, grow into gigantic sssump
lions ofauthorty lead to the most
are practical inconvenences in the existing system,
which Of themselves sufficient to condemn It. The
York, Violates no law Of New York it is true, our
State laws repealed; but from 1887 to ls46 they
were In Operation and the New Jersey pilot WAS in no
United States; they have prescribed regulations for
his government they have merely authorised him to
laws of :;: Of
the high and on waters navigabe from the
far as the tide GIBBS and flows within the admiralty
and maritime Jurisdiction Of the United statss The
act Of Congress- Of 1882 virtually adopted the State
laws in respect piloage but this sdop
tion Of the laws the States to Dust
the jurisdiction Of the courts Of the United States In
cases Of admiralty and maritime Jurisdiction A
current jurisdiction left in the State courts Thus
New Jersey pilot commissioned or licensed under the
laws OF that state and giving bonds under those
for the faithful Of his duties either
be pursued into foreign Jurisdiction the purpose
OF holding him answershe for acts denquencies
mtted beyond and out Of it, or be prosecuted in the
of New York have jurisdiction In such cases. and
the State Is therefore Invested Of all control
Of potage in the chief commercial port Of the
whole Unisn, the waters leading TO which are almost
wholly within its own boundaries, SO far a. the New
Jersey pilots participate In the business OF plotting But
there are other objections Of graver character. The
constitution provides that preference shall be given
BY any regulation Of commerce, to the ports Of
State those Of another We insist such pre-
ference given by the act Of Congress Massachusetts
is left to the exclusive regulation Of potage for the
ports of Boston, Salem, Marbshesd New Bedford 60
South Carolina for Charleston and so Of other States
On the other hand the State Of New York Is divesed
pcsss for the Of New York The business Of Do y.
sge for that pert subject to the regulation
Of the laws OF New YORK and New Jersey New and
Boston, by this act stand totally different footing
In the the regulation Of potage Is exclusive
sngs State In the other it Is In States
We inss. that Congress might with equal propriety,
provide that all the ports north OF certain parallel Of
to- p PC oi tho
which are the common boundary between two States,
should be to the pilots Of both. The preference
Just papsble In in the other speak of
the absolute right Of Congress- FIVE look at the
of the thing and the operation Of the act Of Congress-
shall find little Justification for It, New Jersey and
New York apparently put on the footing The
New Jersey pilots may pilot vessels into the ports Of
hs nors. o. Nsv but tS
Is all side. New Jersey has foreign COM
The trade all carried in cosstng vessels
and these not, by her laws required to employ
pilots all unless they exceed hundred burden
No New York pilot ever takes . vessel to New Jersey
ly carried In vessels OF tonnage requiring pilots and
the New Jersey pilots participate largely in the business
Of plotting New Jersey has no real interest in main
hand has direct interest In Its repeal 1t her
self alone The act Of Congress though general in Its
terms IT, from the nature OF tho circumstances partial
in t. operation, and gives decided
state another In regard to their respective ports
have right to demand that II Congress iegisatsd ON
this subject 1t should have legslatsd directly and ell
csntly 1t should have provided for the appointment
Of pilots in all the States in the Union prescribed
qualifications their duties, their liabilities, and made
sectus provision BY law for enforcing the performance
of their functions and securing adequate remedies
fAthlessness and Incompetence We complain that in
stead Of executing this authority, Congress has dele
gated It to Others and in such virtually to
give effect the laws Of State within the territorial
boundaries OF another To any such delegation OF
thority can yield or assent do not wish 10
be understood admitting the right Of Congress to
| make such provision for the appointment Of pilots
throughout the Union But wish to say that II IL
lsssats the subsot at all 1t It's duty to legs
late directly and for s the States without making an
unjust and invidious distinction bttween them here
IL another oonsideration-the only other shall pre-
sent tho senatein favor OF this repeal Of this law
Whether It Is authorised by the Contttuton not,
the experience OF nine years has shown that at least
in the highest degree mpoltic 1t has brought the au
thorty Of the general government into conflict with
different Slater; and has produced litigation and
kndness of feeling different classes Of oitzeus
No act Of federal legislation which leads 10 such
seousuces eau be justihable unless IL Is de-