The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-01-04
The New York Pilots and the Act OF Com
gress OF March, 1897.

has been referred the memorial of the New York
pilots, to do impartial justice in the matter. But
there are so many misrepresentation made by
those interested in opposing the rights of the pi-
lots, that summary Of the facts of the case, and
review OF the ground upon which the claims
OF the New York pilots are founded, may afford
some slight assistance to the committee in form
ing an equitable judgment in the premises The
facts which we shall mention are only those
which cannot be controverted The positions we
shall assume are such as cannot be shaken.
It's well known that very few of the vessels
which enter the harbor of New York, are bound
to ports in New Jersey. The lands, moreover, on
both sides OF the harbor are subject to the juris-
dction of the State of New York, New Jersey
having, by solemn compact in 1884, surrendered
to New York excl. sive jurisdiction over the wa
tiers Of the bay of New York, Of the Hudson
river west Of Manhattan Island, over the lands
covered by water, to the low'water mark on the
New Jersey shose, over Bedloe's and Elis's
Islands, so that New Jersey is expressly excluded
by the terms Of this compact, from any jurisdic-
ton over the above named waters.
New Jersey, by granting commissions to her
own citizens and strangers, to follow the trade OF
pilots on those waters, violates the terms OF the
compact of 1884.
This violation of solemn compact was at
tempted to be legaized by the act of Congress OF
March 2, 1887, which enacts that
at shall and may be lawful for the master or com.
mander any vessel coming into or going out OF any
port situate upon the waters which are the boundary
between two States, to employ any pilot duly licensed
or authorized the laws of either OF the states bound
cd on the said waters pilot any vessel to or from said
port any law, usage cutom to the contrary notwhh
standing"
The New York pilots now pray repeal OF this
act. The reasons Tor its repeal are weighty and
manifold. The act was hurried through Con-
gress on the last day of the session, under the
pressure of strong prejudice, arising from mlsap-
prehension and misstatements in regard to an
affair which created a most painful sensation in
the community. Two vessels, the Bristol and
Mexico, were wrecked in entering the harbor OF
New York, in the winter of 1867, under disas-
trous circum stances. over which the pilots had no
control. SANDER attributed to them a casualty
which it was beyond their power to prevent.
Congress was memorialised by those interested in
prosecuting them, and the consequence was the
passage of the act of March, 1887, which was IN
reality, penal enactment for the punishment OF
the pilots for supposed fault. The testimony Of
the Grand Inquest of New York, Of those on
board the Inflated vessels, and of others cognizant
of the facts of the case, fully exonerated the pilots
from all blame. The law was moreover passed
at time when the public mind was warped by
the pressure of the most extraordinary CONNER
cial panic that has ever existed in this country
and when the national legislature was aitogeth er
| untitled, in consequence, for cool deliberation.
From these intrinsic features Of its passage, the
law itself is subject to grave suspicion of haste,
inaccuracy, and misapprehension, in its enac T.
ment, and should therefore be considered as want
ing the prima facie evidence of that fitness an
propriety in its orgination which other acts are
supposed to bear upon their face.
The act is said, by those learned in the law
to be unconstitutional, as being an Infringement
Of the;rights of the State of New York, lanting,
as it does, license to citizens OF New Jersey, te
exercise their calling on waters confessedly with
in the Jurisdiction Of New York. 1t is urged with
great force, that Congress cannot license cab
driver to exercise his calling in the streets OF New
York city, and, certainly there is no difference
between the two cases, as the State OF New
York has as mush jurisdiction over the waters o
the bay, as the corporation of New York city
have over Broadway. But so little idea had thu
people of New Jersey, of claiming any jurisdlc
ton over the waters of the bay, that up 10 thu
time the subject was presented for the considera
ton Congress, in 1887, New Jersey did not eve
legslate on the subject of pilots. Then, in view
of the act of Congress about to be passed, sh
enacted pilot law.
The great object intended to be secured by tin
law of 1887, was to break down a monopoly
said to have existed among the New York pilots
but this object was amply secured by an act G
the Legislature OF the State of New York, pas.
ed in April, 1897, by which the term of appren
, ticeship was sLortened and which provided tha
"the earnings of the pilots belonging TO any boa
be equally divided among the pilots of said boat;
and farther:-
That no pilot shall participate, unless authorized
the commissioners, in the earnings Of any others tina
those attached 10 the boat and fora breach OF th
provision any pilot pilots shall forfeit his or their
cense or licenses"
This act produces a healthy competition anon
the pilots as proved by the fact attested by tn
Board of Commissioners, who say they have ever
day matters of dispute to adjust among the Ne
: York pilots, the crew of one boat making con
3 plants against that of another, for Infringement
3 Of their rights; and this competition the commi
s soners attribute solely to the influence Of Il
State act Of April, 1897. 1t will be perceived fro
9 this that the monopoly or combination spoken
as existing prior to 1887, if it did really exist at tn
0 time, has entirely ceased, and this, not becau
1 the bay was thrown open to the New Jersey 7
G lots, but because each boats crew was stimuli
r ted to individual exertion, the earnings OF eac
. IN accordance with the provisions of the Sta
: law, not being allowed to be distributed amo
o the fleet. II, then, this monopoly produced neg
: gence, and thereby necessitated the State law
s 1887, that law, on the other hand, was col
| x.Io.. c,,ra for tho avil and the ct IF Conura
il besides being Of questionable constitutionality,
e moreover, unnecessary, as its ostensbe obj
i was gained without its operation. The testimo
of all parties, even the enemies of the New Yo
i pilots, establishes the fact that they are ha
l., working, brave, energetic, resolute, and skill
body of men, encountering innumerable perils