Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-01-20

Point or enm ,5s 81, and on . vessel Of eighteen feet
dr,uch, At only t63. This calculation Is NJ course basen
nne no,tuiaie that legally there Is no compulsory li'
In,,r. above Hamilton Roads, and that the tnplo! Deht ny
a y..s-I Of y sreamrIus for towing Toe, not itces.istc He
,a.ttI,-. =. br,nch pllui' on board. and payment FOR biz use
fs,, nrrs.nrr II hr. Sesars View t- correct, 1t Is obvious
,h,, hi. fri/n.!.. the pilots, have Tor long time been re-
ceiyiny large sims Of money 10 "Hlr" n.s ~ !. c'nr
81 ubi.l, in common honesty ana Justice, II would
hsu, i u o ""i now tn rrrsuadr them 70 refund. M.. Serar
= a iawrer Of acknowledged learning ana Anilty ano Of
distinguished reputation In f' .c''I"h =. nu u",a "n s. = II iis
Irpal nuInion which he may deliberately "nn"I"te tno''In
doubles challenge great respect. J am sonipn; w MI can
dor to say that upon the m"t"rs.t rn!.. "i"n " ,hw hr -
s amI %. 800 And am ,h. more inclined 10 Weld my
frat iuprrss.ons in 4 favor n(ihe construction =, "nIe" ~ ~.
ior. ccntrnI, aud upon which cur merchant: a"' vi -.
80 ,,,fn,t ,,,a,riv. been 50 !ung actiny. from the ,nct mat
.hr,.. d. Tie alIe.: and ,IDsi eminent lawyers .! ": ~
have piy.n written Opinions in entire concurrence W',','s
View insisted upon Ivy Nr. srrar. ana from ~ io''Nea a. I,
tha, the Legislature i,,rl Ia ihr most solemn h'a"ne.' "a
placed the sa;ne construction upon the law. h'.s'tI'
wa, iouiilc.s inaccurate in saying ihHt comP"Hc't Pr
Io,,rr ahore Hampton Roads was cut or by thu Code Of
islg. C!ap. %. See. Ii, J.. l:si'- Es:e h1 ianzu"sT "n"' ,I
o~un,-i,-i, VA. cut of Il, an cgrl!rr day. The Legal
| history Of This mailer Is alike curious and INSTRUCTIVE
The provision combined in the ilth s:c:ioa OF the ae',
dcnouuciug a penalty ugain>, persons, unauthorizr1o ~ taI'
conducriny vessels or acting As Tilo;s, haS, with some van.
a,iou in The prnaIty, in substance existed from the year
1874 ua;il ,hr present time. I'D. Laws iaD3, chap. 2,.' -ect.
| :, ISL, chap. III, sect. y, and chap. "a, srct. So ErT. y.
Isi9; chap. sij. .rc;s. . =. ~, acts 49,, =. u, s:e,. i",C ~
Va. y. ~, ..c;. ~ Cih"r these PROVISIONS ami parallel
provision, rHi:!ias rom 'ie year i.sE' .rI'r y sn a u ~
rirai references there made 10 former la"rl. rnni:'ui''fs
IuIl .iIst.c- 10 and from SIN 10 Cty Fo:.t hHl iSriiGinhH,
i,s. been paid. Il. y matter OF fact, by foreign vessel, and
American vessel, engaged In the foreign trade. I"
The present moal."t of 'ii. writing. Ia :''r,c'te 49,
! se.i engaged Ia the coasiin: ;r''i", in"st 81
which always have been. ana still are. ""n"'i
in The Northern States, Il favorable discrimination
Was u:aie as early II. the year !eii (>se Act ISL, chap.
II Sd. H.. she policy Of which has i-rn continued mos;
unwissiy unit. the prc.ent tre. "hen, ny tne rAl''tS
l4~ ;coLr o! virginia. :!'aP. ", sec. II. J. a.,h 'e:<tS
sailing under 4 col.,iGg ice NE pay compulsory r:l9tase oil
q Is .-yrn dollars. a::d ffy gents. or IL :hrtr "l'i"ii. TIE
| triainc sun, ~ zen cru,s per ton: while Registered rc,'ei''" or
y-s.ri, ruEa:-! IL The !oreisE commerce o' 'h- statr' pay
compulsory pi:oiaSr 20 the 'tnouLt b. Hpn't III ~
the ca.e- abpve specified, OF Il r"1 hEr To- ana yer
mead Cr City iU!n;. Inward aud inward I" sra. ~ a''ou'
IN. rnuui sum M one iuntirci and city dular-. Such las
bcru the suicidal policy VI Virginia IN regard 10 her 'Di"I.h
commerce. a, !sr bee, :a the yea is".; L"l. ''nn iMm
rrt,orJ. then d.lcy-tr from: the city OF Richmond. lrcitIS
and tyrciIIy urged i"lorr Tho legislature the Necessity and
ius,:c. Of a change a:! reform oil The Pilot Laws, In RESPECT
10 general compulsory piuiaer Oh Jaines River opera ins
thu, hat>hly upon The mercantile ana .hirri < i:i:rirs's OF
The Cu:nmUnwr.' Il. C-:" Rchtloi!d " Enquirer u ihf'
year Bu, h- arguments and facts "rie i'iduceu ~
ain. Fo- fifteen years mnr~, repeated aud urgent hrp'i-
cations . Gle made 10 The Legislature Tor a rrdress ~ RricF'
airr, In, such WAS The p-rt,naei"ns activity and in;!h"nc"
o. tie pilots. iha; al ei"rls for Il wise and equitable in"'i''
Graiip,i II 'hr law w,r= frustrated. Finally. during tie
ses.ion OF IS it-,. , petition was lre.r"tei b! M:..:s. Dan,
;op, Noarur= md others tSsr DOC Ito. Deli. l>iV-,, = =:
pra Ia. Tor u luuliic.. Oh Of H." llOi Laws a'i ia cnisr.
uurnct thereof smI the active an" inte!iigrr; advocacy Of
Mr.. Joseph May 'E:n 'ieiets'e ior ;'c c;iy Of Rct'"o;.i'
viscrs' Reports. Isii+>, r. ej) nnd the act oil !:1u-'f r"s
passed. Ia which increh'rd c"nI'nhtfion WA, sr'ii;el 10
IA: piIo;. for ,ht!r -rrvicrs rendered iron" Itd 10 Etmp'"n
EDai-. aEl ;ron Htmpto" ROrd' 10 -eG, and all c"iurGl.
sorry liI"ta:e fran Hampton hnad5 "P and doc" 'htm>'
Mrs. In the All Language Of Mr. Srgar, WAS cut oil. =
(>.e srss. hci. l.iG-i.. =. -. see. J The object OF he
it'll SECTION 81 :ha, act, a- 4 matter u! liberal cOmprGmi.r
bet --n ihr Commonwealth and the rrr'Iaacious rilot.,
sas TO rrnd.r AL IilGla:r ubOrc Hampton Roads purely
voluntary, in,i lead OF beng Compulsory as II had been from
Tire year 1872. and TO open 10 the iorc'sn commerce OF the
State a fair opportunity 10 populate The wh'ers". The Jhiusa
with sI,ir.. Tie ih SECTION Of han act was rs follows:
sec. $50 Master D! = Vessel shni he COMPEL ed 20 take
4 pilot TO conduct ls weasel i'll any water, above Hampton
Road. hut III ,strrs desiring n pilot IN shoss waters may
cvutraci for his services, and shall ihereupon pay The tsnie
Il! The rat In this act nentionrd: F'"r!"'". That 1t shall
not he lawful Ia rrnIl"y any other than i regular plot, And
any nster 90 doing = all pay 10 any regular plor sEo al.
Ter. liz services fun pii"tsse going and returning b,:scr
Hampton Road. aid In: Port al drslli.niiun of The Vessel. "
/. wns Thought H.? the lusrrhn,ll- anu shipping Interests oil
the Curnuioi.w ~. uuA tia: by tia, act 4 sr-n, and valuable
otjrc:, luls earnestly desired ana Tough: tor, had Lrrn
h..aiy ncrun ,G.l.h; aud n"ticipu'iohs uf nu, Ilciuus re.
suits wrre GO. Glri;y INDUCED. those ahiiclpatirns. mn.
1ri,,,u,,l Is, were liz h,ra ~ ,h. bud. In srplr ubrr Of u
,au.r Year, ls,II au ln'sii seLt ,hip.brUk.r of Richmond
.,ldrx.sr x COMMUNICATION To the Attorney GENERAL Of the
stale, sydury :. Iax,tv. ESQ.,, rertir z forth that this ,,he
piIol-, lad hrcour enfi",ty in.gec ire-;hr " pilots con-
i-idins that tic MsriIis. o~ner- or Captain, OF the Steam
tow .l,urts rIapioy ell IN JAMES River hnre tao right IN con.
duct ysssrI.. threatening e" prosecute such offenders. wig
taueiy submit, and refuse to toS rri-ei5 up The River ulFI
les. II plot Is o. board, shu,e services are well known "
he u.ei, sand r.qu.s! Ing tie opin!na Of Tint officer
uppn The tru" construction vi the lnS. Sir. Baxter rarethe
subi, CT tie raw consideration its importance deserved. and
r-idri ri al elaborate written op!Lipn, which may he found
n, length In The Richmond THURS aud Compiler" III The
ISL. Of sejteIher. ISL. ON file IN the Capitol Library. lie
said ,.I The title vi The act showed IT, object: 1t was eu'i.
tied " An act chungiag The laws In relation TO IDIOTS" The
principal provision Of the former lave complained OF, was
the compul.ion Of vessel, 10 take a pilot above Hampton
Road. Til. Ia, been entirely changed by the law Of last
winter" " 'li. object uhe 9Th scctiOn) is TO leave the
master ut liberty TO decide whether he will take \ pl ., up
the river. u he consider. II pilot unnecessary, and his
fees n usrIrss expense. h. may Iisprn-e with h. services.
ir IN. considers a milo; necessary, he shall cInrlny only Il
regular licensed pilot. This j. the Whole Las. There i no
inl!uIation tina, II he chooses 10 ascend the river without a
he shall h. prevented from exercising his riyi: Of
having hin vessel towed. aud il would Jr Irrational thu: he
should. The duty Of 4 pile: Is 20 ;akc command ni the vessel
AMI conduct her through places rf darr-r. From The
time the pilot boards the vessel until she e:'ers her
port. he ,urersr'lrs the Captain. and hS, the con.
trolling authority ever ihr ', ssel; b, he adds 10 the
vessel no new power .! navigation. lie brings know
ledge Of the dangers Of the navigation. and skill IN
avoiding them; but no new motive power. When the vessel
Is lowcd. she remains In all RESPECTS under the command OF
u master, but She Is drawn ny a new motive power. The
great advantage Of towing il in thia motive powrr-i. eEs.
bies the vessel 10 perform the voyage in less time and In
greater secn ity thsn She could sail under the care Of Il /
To cons;ruc this Law so rs to give the master the
rirh, 20 discharge his pilot at Hampton Roads, and "A, the
same tim. 70 prohibit him from ascending tho river In the
cheapest, sperIiirs, and ,afest mode, In which the services
of a piIo, ar. unnecessary. and hl. wages a useless expense. |
cludea by bay. ny. ~ am we'll satisfied. ,
81 The master Of a vessel may discharge Ills pilo, At :
1I,,nnion pond., and have his vessel towed up BIZ :
,,rn ubo.,, without mourning any penalty himself, or sub.
ierring the owners or officers Of the boat to IA penalty"
80. The master Of n vessel may discharge his pilO, a,
lIanpton Reads, hut II he sri&s Tndcr any other than u re. 4,
.nlar p;lo,, he must pay the Arst rc-u;sr pilnr who offers
III. service-. full pilo:nGr. u no regular ;ii"t "Irrs hi Ser.
ThIs ouinion was 70 luminous and conclusive. that, e.,
coming rs 4, Nd from :h- law.nlic.r "f the stx,c Though :
not arttnE stTlciis I" y'''' ~ W." "b"'th'S eHIIlbbt'i
snrlI s.:,!- Mi controversy upon the suiJ-r;. It 50 hap. !
ppred that Mr.. Conway Robinson and tile late Mr.. John II.
former. n gentleman or great and ackuoE;Sdg.
-! I-r,l ACCURACY aud learning. and the laiter. IEc abs,
I ever heard in a CONT Of jasiice-to whohc hands had
sl,i. byd irs, shout ih,t lime the rIole tuhjrci Of the
PHO, Laws uni-r constellation. They reported 10 tie
Iy"p;. stature th., pre,ctt rio. Las rs IL stands ~ the Cndc,
md To rhe famous Eth -rruatl thereof, ahuva cited by Mr..
-rg.r. they appended - note In rhir language: ,
"w- though, o! adding 70 THIS section the fon"wire
words .nrt the smpio,i ing n tt"M'n boat to ton y vessel
hal no. I've tl.-mr,! enp!oyiaga pilot We find. however,
the htiornry.lirnerHi In an opinion published In the
the oct RI isiG7. sect. !. Ito which this SO lion con. ,
NJ nloD Ing the master to have ia yrss,l ,"~e'i by a
,eau,Lrn, MP james River TO fichn ond, without being
inhir for rH.:acc And such. It Sc ms tn US. will br the
-Gec, ~ TIC srcrion I" which ;ls note i Appended. Hlri."u.
any additional nr'i, " iRciorts Eerlsorr, lsiI+s. =. :t6,
c!rp. ~. r"tc N 6'ci'nn l"E
Thr Legislature adopted The llth and the Eth src,i"n--
sod Il, is hell we'd III: whole pilot Law lin the cxac: ianyu.gr
In Which they were reported iy the Rrvl.ors. and In hi.
mn.t rl-ar!r and emrNni;cally adopted the coz.
.,rur,ior wh;r. ,hr l:rvI.rrs expressly designed and framed
The ITh srctio to hear. The not r u the Revi.ors, &; may
hr observed. are Frequently referred TO 10y the Supreme
cou,, of APPEALS in .-,,i'nE me acsnina o. ,he G"ar. Zee
Lewis. 4l5, Middleton V. Arnnli. 49:, Hale V. Chamberlain.
faa-f6i. smsay y. Ramsey, 65l-9, Lee V. Hodge, 49,. 3,
35. II l. Difficult. In inacin 4 more solemn and deliberate
Legislative construction Of any statute; and the adoption II
The 18th section. under ihcIc circun'ianrrs. has all the force
snd effect Of a derliraiory act-what the writer's Gn the old
Roman Law called An act Of authentic Interpretation. Even
upon other and different principles, II 10 perfectly we'll act
that when nm act In. :. cei"ed a known construction by {
authorities, 10 rccnacied in the ,are or cGuira.
lent words. II must I've presumed rs 4 matter OF course That
The Legislature intended 20 adot: The construction
which had thus been placed upon it oiherwi,e ii
would hare expressed II: Intention TO the con,rsr'.
Half The hw In yirr'tit lands uron that basis.
Nav. moro. Every letter and syllable Of the Re.
rI,nrs report, underrcn: critical and minute rxslnina'Ion
hy The Legislature NJ iSiS-9 and Of So h; at which time,
n 7 rni.tak. not. Mr. Seq ar va. a member NJ that boiy.-
objections we're made AMI Amendments offered and adopted
10 many prov lions recommended in that report and the
m ,rgiral notes thereto appended The whole subject VAS
again 6uary referred to n special committee of Use. o'
whom renipusr- ;fat the pr-'ent learned and dist!n
20. hrd Judge of tie Supreme Court Of Appeal. re- L
Norcrir, v a one, and all nj whom were men SELECTED inr
their legal learning md sillifi-a: and their work, con,i.r.
ing NJ the pr-s-n: Cni-. ra'r ing nut the deliberate se;sr
Of the legislature, TINS t"uhly di-iil"d, was. with trivial
xin-nim.nis ard alterations, 'olrmnir adopted Il, the
law of The Commonwealth. Now either the piioIs. or
rh,ir representative, and friends. opposed the con-:rrc.
,Inn viirh Attorney Grneral Baxter and Mr. j!ohinson
and Mr.. Patton had placed rp"n the laih s"ctinn Of
the plot Law. or they acqG'r'c-d in !s accuracy nni
ruth Upon TIE 6rs. supp6sition. I'll amendments or NJ.
rrra,ina. which they prop"srd In the Inv were relec'-d by