The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-03
NO. 1896.
View OF the Pilot Laws.

".
ga to the Senate all desire to say in relation 10 the
legal questions involved in this bill shall not there
asssnment or discussion Of objections Arising out Of
the powers of Congress the subject of regulating
pilotsge in the States. But am constrained by the
remarks which were made by the Senator from Massa-
chusstts, Mr.. Dsvis) and the Senator from New
Jerfey, (Mr Miler) to enter into a somewhat
detailed history Of the pilot question in New
York regret that am compelled to do SO, be-
cause 1t has become, In some degree, q dissenson
these are always subjects which wish to avoid. when
i can do SO consistently with my duty to the public.
have stated heretofore that the pilots Of New York.
In 1885 had entered into agreement to share equal
y their receipts and that this combin alton had
led relaxation their accustomed vigilance in look
ing out for vessels and taking them into port In
sequence of disasters which occurred the public
attention called to the defects Of the system Of
n S Of u the n
1887 he brought the subject beQr&he Legislature On
the day select committees we're appointed in
both branches On the 18th Of February, a bill was
reported by the chairman Of the select committee in
the House of Assembly and after very thorough dis
cussion in committee Of the whole, the bill report
ed to the House by vote of Of the Sth of March
1t was subsequently, read third time and passed by a
vote of SIS In the Senate the bill received on
the 14th of March, rfrred to the select committee of
that body, and reported with amendments which
SononrIedin but in consequence Of the pressure Of
important business FAH passed until the 9th of
April state these facts chow the DELHI ration with
which the Legislature Of State Of New York acted
On this important question The number Of pilots
was Increased, a careful system of examination
established, combinations were guarded against,
provided for by appropriate remedies, remedies at
least which considered appropriate and esctua
Iemark to lpas he Nav Yor n IN ms
1S4S answerabe for the acts Of those of and
1886; and the Senator from New Jersey, (Mr. Mler)
who followed him, made some allusion them which
appears to warrant the inference. But If shose
gentlemen will consider how rapidly the lapse years
is thinning the ranks Of their frie and ssso-
GATES they will not be surprised to learn that the
great enemy has been busy with the pilots also OF
the sixty pilots following the business in 1887 there
ty-nl m n ntin
More than half have persisted at sea, died on
shore, or become disqualified BY age for the ardu-
service in which they engaged, The
number Of New York pilots holding branches under
the laws of the State is eighty and Of these aeyone
passed. Whatever responsibility therefore, belongs
to the pilots Of has for the most part gone with
these facts that the Senate may understand why it
win be proper to deal with systems and with men,
The haste manifested in passing the of Congress
contrast with the legislation of New York. Let me
recte the facts briefly possible. By the Senate
Journal Of 1857, it win be that resolution was
introduced the 18th Of January, by Mr. Tallmsdge
Of New York. instructing the Committee on Commerce
40 Of na, tine the Of tSSns on the
by bill or otherwise This resolution was adopted.
he Committee on Commerce consisted of the follow
ing distinguished gentlemen-Mr. King, of Alabama,
chairman; Mr.. Davis of Massachusetts,; Mr.. Linn of
MSAouri; Mr.. Brown, of North Carolina and Mr. Rug
PIE time for deberation, never made report on the
resolution On the 2Sth day Of February the day of
bill on notice 1t was instantly rssS the Srst saS
second time reported to tho Sc nate and
read third time-the work probably of as much time
as take to give the details But, sir it is necessary
that We should accompany the bill through all the
stages Of its 1t received in the House on
(Hou.e Journal, page 552) and on the next day re-
ceived Its proper number Of readings and passed On
and became the law Of the land Nor is this all. The
subject had been referred to . committee in the
House early In that session. The committee made an
be discharged from the further consideration of the
subject In the face of this proceeding, the bill
passed, and in the summary way have stated. 1t Is
as remarkable specimen Of the despatch Of business
business involving question of constitutional power
and bringing in its train collisions between individu-
ais, and classes and States as can be met with It
hurried, rather rushed, through Consr al
the last hour of its almost at
the last hour of its existence have heretofore told
the Senate that the Legislature of New YORK, after
becoming satisfied that the act Of Congress operated
injurously the pilots of that State and after wait
ing eight fer It's repeal to the conclusion to
repeal her own laws regulating pilotage by way of
Sandy Hook the great outlet inlet the foreisn
pilots then licensed should continue to be pilots 1t
has been alleged that the New York pilots app
eants to the Legislature for repeal Thi is mistake.
They appealed to the Legislature of the State to
Try determine aforesaid act of does
does not transcend the legislative power the
der he authority the laws the State Of New by the
citizens Of that State violation the sovereignty
OF the State Of New York, and contempt OF her laws
1t ia true they acquesced in the repeal of the Stats
laws, and desired it If they could not
procure the repeal of the act of Congress The latter
they consented to the repeal Of the State
proposed by the mercantile interest The pilots
the pilots of New Jersey It was under this view Of
the subject that the New York pilots consultation
merce and Board of Underwriters, consented to it.
Such appears to be the fact from the petition to the
Legislature, and the debate on the bill 1t sup
posed that 1t would open fair field of competition to
them and the New Jersey pilots and that their fitness
and industry would be the measure of their success
As soon, however the State laws repealed the
chamber of commerce and the board Of underwriters
organized board of commissioners to examine pilots
and give them certificates. Nor was this all. they
published notice, which will read, calling on the
ship masters not to receive pilot unless he could pro-
duce q certificate from them or the State of New
Jersey
at recommended that vessel receive person pilot
except his producing certificate signed BY the board
those issued under authority Of the State of New Jersey
This measure virtual prescription Of the New
York pilots unless they would consent to receive the
certificates of this irresponsible board, and acknow
ledge its authority. 1t to be supposed that
they would dscredt the lice they held under the
laws Of the State by receiving the certificates of
certificates, which could confer no authority on
those to whom they were given. Was it reasonable to
expect them to do SOL Certainly not They possessed
in the State licenses the highest of authority
They required nothing more they should not have
been asked to take less Though the Chamber Of Com
mel and the Board Of Underwriters have no legal
control the subject Of potage their actual
troll very great They represent and indeed WELD,
the commercial influence OF the city OF New York The
snip masters are subject in great degree to that in
huence, and hence the recommendation had in many
caees the efficacy Of command 1t literally
ing the public against employing the New York pilots
though trained from their youth to their vocation
they holding the State authority in their hands
would consent to receive certificates from irrespon
sble board having legal power to grant them What
was the effect! Was It to break up a monopoly-the
great evil Of which the public complained The New
York pilots eighty.two in number the New Jer-
sey pilots seventeen and the merchants board as 1t
Is called after these regulations published
granted certificates to sixteen persons. IL the
mendation had been acted on, the whole piotage of
the city would have been given to three PERSONS
and eighty two persons weuld have been excluded
from all participation In It, But IL not generally
acted With all the weight 1t carried with it, the
New York pilots continued TO be- and still extern
sively employed, though, as shall show, they have
felt severely the effect of the invidous distn cton
which has been made between them and others will
toe tata daft tlac loJ