The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-12-24
Speech of Hon. John A. DIX, or New York i, Il
favor OF tho Repeal or tho Eliot Act Of 1897
delivered ln'tho Senate OF tho United Slater
Tuesday. Eehruary q. lA4z.

favor OF tho Repeal or tho Eliot Act OF 1897.
delivered ln'tho Senate of tho United States,
Tuesday, February o, ls47.
The bill to repeal the act Of Congress Of and March,
1897 regulating Pilots, being under consdsraton-Mr
Mr. PREspESr-The bill under consideration provides
1887, entitled An act CONCERNING piiots.n Before
show what the act thus proposed to be repealed s 1t
bs proper to state what the existing system in
relation to potsge before Congress had any authority
to legslae on the subject Before the adoption Of the
Constitution of the United states each regulated
ment their duties and their liabilities Toe State
New York. as early ~ 1894 passed law providing for
prohibited all other persons from plotting any vessel into
out Of the port Of New York. under pscuniary pen
atty From that time to the adoption OF the Constitu
tion the State legsated exclusively the subject
The regulation Of puotsgs within Its Jurisdiction
was State right The articles Of confederation found
and left It So The Constitution Of the United states
gives to Congress the to regulate with
foreign nations and among the several States and with
the Indian tribes" Under this delegation authority
Congress assumed egsats on the subject Of poase
do not stop to inquire now whether this is fairly
Incidental to the express authority given 1t to regulate
commerce. But desire TO call the attention OF the
Senate to the fact that while asserting Incidentally Its
right lett the whole subject xh:r. II found T. For all
pdop,,on Of sHs Constitution State right Il rscor
Missed and confirmed the legislation OF the States existing
to BE- @ Of
grsss referred to- was passed on the 18th of 1882
-(chap. laws Of that year, and the provision relating
to the subject Is AZ follows
See That all pilots in the bays, nlets rivers
and ports Of tho United STATS. shall continue to be
speevey wherein such pilots may be- with such laws
until further legislative provision shall be made by Consre
By this act 1t will be perceived that the laws Of the
States In relation to plotsge recognised by Con-
adopted and that by referring to tho we'll as
the existing legislation Of the States, 1t designed to
aon Congress undoubtedly saw that this was ons Of
those In which each State would be best capable OF
judging for itself what regulations the subject would
autfh limit In
interest, that OF the public would be likely to
be secured From 1889 to 1897 this the established
plotags Though the section have read contemplated
the possibility Of future legislation by Congress- fur
Their act was passed during period Of eight years
have not been able to find any other act referring to
pilots Ia any manner. except the act Of 1872 estsb
Ing uniform militia by which they exempted from
militia duty. In the year 1887, two disastrous ship
wrecks occurred Long slsnd and In the excitement
Of the moment, the pilots Of New York regarded
responsible for them The csmor raised in New York
close Of the session Of Congress- (2d March, 1879
act was passed (chap 1872 Laws Of 1897 providing,
that 1t shall and may be lawful for the master
mandsr Of any vessel coming into or going out Of
port situate upon waters which the boundary be-
authorised by the laws Of either Of the States bounded
the said waters to pilot said vessel to from said
Of % 70 the not
plotage city of New York competition between
the pilots Of the States Of New York and New Jersey
from the idea which prevailed that the pilot system Of
New York had grown into . monopoly, and that the
shipwrecks have referred TO consequence Of 1t
Of News TonR rs.uesa in s
exonsration Of the New York pilots from all In
respect to those disasters All the testimony have
loss Of the two vessels the Bristol and Mexico
occssoned by their negligence Of unskilfulness Thus
public estimation, on account OF casmties Tor which
they were In no manner rssponsbls, but they have,
since 1897 been suffering from act Of Congress passed
under Misrepresentation of the facts, ana under the
influence Of an unjust judgment In respect to them
The excitement against the New York pilots was
doubtedy aggravated by prejudice against them arising
from the under the laws existing At the time the
shpwrecks referred to occurred agreements had been
formed among them for an spportionmen of the duty of
pilotage and division Of their profts In such
% to destroy competition and that bad led to dan
relaxation Of vigilance in looking out for vessels
and boarding them. There Is no doubt that there was
some ground for this complaint But the defects of the
existing laws remeded by act passed by the
board OF commissioners appointed to license pilots
their number WAS increased they were subjects to
rigid regulations In respect to training and licensing
the exclusive features Of the old system abandoned
and the freest competition between individuals
troduoed By regulations which snectuAlly prscluded
confidently asserted that old defects would have been
cured and oil tho benefits to be anticipated from the
most j1dicou system Of regulations would have boon
conflicting or conravenng legislation by Congress The
New York pilots, in skin experiences enterprise, and
In any country They have been trained to their bust
ness they have invested most Of their property In it.
to any craft In the world and which worth In tho
aggregate about hundred thousand dollars The effect
Of the act Of Congress TO introduce the New Jersey
pilots into competition with them under great
tage to the latter This disadvantage the New York
pilots was so apparent that the Legislature In Is46
deemed 1t an act Of justice to repeal the of
la order to place them fair footing with the pilots OF
New jersey The whole subject Of pilotAge In the
OF New York has by this repeal become by
legal regulation excepting far the laws Of New
sey may have been extended by the aot Of Congr sc
Of 1881 TO the waters within the jurisdiction Of New
York To this condition the Legislature considered
Itself forced BY the operation of the act Of Congress
on most mertorious and valuable class of citizens
Under these circumstances, We ask that the act Of
Congress repealed In order that the state may be
left TO regulate piotage for Its ports for itself We
ask It, because We believe the nerpotlon OF Congress
TO have been wholly unnecessary and because II was
founded upon misapprehension Of the facts At the
very time the act was passed the Legislature OF New
York had been nearly two months engaged In the nves
tgation Of this subject before committees and on the
noor OF the two Houses No act OF equal interest ever
received more careful examination and have no he.
Station In saying that all the benefits derived from the
ser petition which has existed In the business Of
plotsge In York 1887 would have been secured
under the laws Of the state Congress had not inter
posed But tho act Of Congress IS obnoxious 10 ,t'l
wsghtisr objections II has brought States into conflict
New York with New Jersey, Maryland VIII Virginia,