The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-05-12

IMPORTANT 10 PILOTS AND OWNERS OF vEssELs.
MAY l.-Isaac N SS1secu ps Rassor, Aaser and
Owner Of Us Schooner X j. Rsymsr. Yin this cse Judge
hilton delivered the opinion Of the Court. He said
PianuH, Hsanass pilot brought this action TO
half poage fees OF the defendant under hs provisions
Of section Of the act CONCERNING the pilots Of The
channel OF the East river, COMMONLY called HellsAte
passed April IT, ls47 upon the ground that hs had
dered his services pilot 10 navigate the deeadant
vessel through the channel OF Hegats and had been
fused Upoa the trial the justice dismissed the upon
the ground that the act under which the pilot claimed 70
recover was unconstitutional and void and he exprsss
cd no opinion upos tho evidence offered therefore
necessary for determine upon the appeal whether
the evidence adduced before the Justice sufficient
ente the plaintiff 10 recover, the Justice had eater
right under which the plaintiff sought % recover.
shall, therefore, assume that the oay question before
whether the act referred y y unconstuaoah - The
Justice declared BY the federal constitution, the several
states conferred upon Congress the power 70 regulate
commerce with foreign napcas and among the several
states and yA he isis an, y 81 l.
the regulation Of navigation and the right 70 prescribe
rules, In conformity with which must be carried oa-a
% regulate tSoss Who oosduct or assist IL oouaucnx "a
vgstou-t 10 claimed that Il necessarily depives the
several States Of all power 70 Iegas upon The subject Of
view Of the subjec (see Joint Resoluuoa laws lss7 p
Ss prior 70 the decision Of the United states Sspreme
Court In the OF Cooley BoArt OF WGdens OF the
Port Of Phiadelphia az Howard o. g., 900 That CASE
was very similar TO ths-h came undor . law OF the
STALE Of PeansyvanA which required vessels sailing In
the Delaware river TO receive . plot, o., upon ~.
fusal or neglect 70 do 80, 70 pay half pilotase. II
appeared thai Cooley an owner OF several vesses navi
gazing that ver refused TO resolve pscs or pay their
lees and he sued BY the Board Of wardeas recover
half potass under the provoas of the Law referred w.
ms action originally brought before magistrate Of
tho CITY Of Philadelphia, Who gave JUDGMENT agAnss
Peas who gave . similar judgment II was then carried
" shs supreme Court Il Tho SsAte q PeansyivanA, who
affirmed he Judgment holding that the oct Vas not In
any Of ~ provsons II variance with The censutuuon or
Rsi epscsment The case thcn removed 70 Tho Su'
prime Court OF The Unied Seates, whe, IN Dcce nber,
ISL likewise anrmcd the Judgment, holding thai me
mere grant Congress Of the power 70 regulate oem-
regulate pilots and that although Coagre has legslascd
the subject yet ~ cgsatsoa has manifested IN nsee
ton nos TO regulate the subject but 70 leave ~ reguanon
70 the several States The law Wa then declared 70 have
been enacted by Pennsylvania BY virtue o. power re.
sidns In the sas leglate, that vs. uot IN coaIct
vuh sny au Of Congress- nor did Interfere with any
syssAm which Congress had estAtaoshed sAncuoeed,
and that therefore the Law was valid In support OF tnn
view, and for the purpose Of Allowing thai ocosrss
Recognized Ibis power 70 exist IN the several SAtes the
Court referred 70 the oct Of Consres Of AusuH l7ss
section Of which follows: Tha all pilots N the
bsys rivers, nless, hAsbou and pors q she United
stsics shall continue " DO regulated IN ceefornhy Win
The existing laws Of the Stascs respectively wherein sad
ec,,vey hereinafter enact for that purpose, unn further
Iscislatve provisioa shall be made By Congress, and
h ouv ueoeasary for 70 add In ooeolussou tnai ~
Congrrp has pos a. yet % 70 egnsae upon the
,ssss az New York under undouDtsd right IN NE
Irr,r,ssure 70 enact n, and ooeausuisonh aad vAhh
IuSssat rsverspd and Judge Daily, rrss Jsdse, con-
Cured