The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-08-06
THE CHARLESTON PILOTS VS.. STEAM
SHIPS.

BRYAN, United States District Judge for South
Carolina. Captain W. S. LEBBY, master OF the
steamship Emily B. Souder, plying from this port
to New York, having procured United States pl-
lots license, and obtained the endorsement OF
Major-General SIcKLEs thereon, claimed that,
under the military law at present presiding over
South Carolina, the above lconse approved by the
Commanding General of this department, gave
him the right to pilot his ship over Charle'ton
Bar, and that the local law requiring him to have
habor pilot was of no force and effect in the pres
ent position of affairs. An action was brought by
Captain W. T. MCDONALD, one Of our harbor pilots,
against Captain LEBBY to the pilotage, and
| as test question. Judge BRYAN, in an able opin-
| ion delivered a few days since, sustained the au-
hority OF the local law, and gave the pilot judg-
ment for the amount of his claim. To show the
position of the counsel Of Captain LEBBY, we pub
lish the following statement of the points Of their
| argument:
The counsel for the respondent, Capt. 81. s. Leb-
by, made two points only, viz:
1st. That the Court of Admiralty had no Jurls-
diction to try ibis case.
I'd. That General Sckles, having the power to do
80, had, by his endorsement and approval Of Capt
City Ordinance, so far as to allow Captain Lebby
to pilot his own vessel into and out Of the port OF
Charleston.
They did not claim (but repeatedly disclaimcd)
for Captain LeDby under the Act Of Congress Of
1852; nor did they deny-but admitted-tho gene
raj Admiralty Jurisdiction for pilot service, and
also admitted, Notwithstanding the cases to the
contrary, Admiralty jurisdiction concurrent with
local Courts to enforce local laws for pilot service;
that is the Admiralty having general jurisdiction
would, in allowing compensation, adopt the rates
fixed by State or local laws.
They were not ignorant of the decisions under
tho Act of1S52, or the proviso Of the Act OF 1867
and at the outset OF the Cause avowed that, with
out General Slckles endorsement of approval, they
had no case; they only claimed for tn cir client the
right to pilot his own vessel into and out OF the
harbor by virtue Of General Sckles' authority,
without that the law would be clearly against him.
Counsel for libellants insisted Oh celebrating ar
guments against defences not set up, and dis
claimed, by repeated Interruptions, to say such
arguments were unnecessary; and his Honor, IN
his learned opinion, has followed tho course OF
counsel, reminding one of that wearied Judge who,
when the Advocate before him continued to pro-
pound with startling energy the proposition that
"a fee simple is the highest estate known to the
law" gravely requested him to pause while he
made O note of the point.
Upon the first point made for the respondent it
was urged that this case is not within the Admiral
ty jurisdiction, because it is not for PQotoge SER
uice. 1t is to collect tax or penalty ordained by
tho City Council of Charleston for not accepting
such services, to be paid by the Master, who re-
fuses them. The recovery asked for is not for SER
vices rendered. but for services offered and not &C.
copied: 1t may or may not DO penalty. It GER
tainly is not .. caHse OF Admiralty jurisdiction.
without Pilot. 1t allows it, but the price of this
license is the as the price Of pilotage, and is
to be paid by the Maste, not by the ship What
has Court Of Admiralty to do with enforcing this
tax upon the master, who brings in own ship
What has it to do with enforcing this ivilege, or
perquisite or indemnity to the Pilot /, his readi
ness and offer to render hjis j services? doubtless
the hotel-keeper might i Capt. .Lebb, ere his
guest, recover for the meals he might p. 1re and
oIIer him, although he might neglect to them.
recover by Libel in Admira ty.
Upon the second point it was argued tha 'ha
words Of Lebby's certificate were ample-this Was
not denied But tho city ordinance forbade him,
and that was higher authority was admitted;
Hence the necessity foy the approval OF Genersi
sickles, which is still h1ghcr authority.
tarhera was nH heed Of his approval unless for
the Bar and Harbor Pilotage. His jurisdiction is
not upon tho high seas, or ovor tho harbor of New
York,
presumption and not reasonable to suppose Gene
raj Sckles intended to disturb tho beautifully do
scrlbed pilotage monopoly system allowed by tho
city ordinance it urged that it ,eas quite rea,
sickles did intend just what bis approval of the
certificate did do, namely, allow Captain Lebby
to be his own pilot, and thereby begin to relieve
the coastwlse steamboat trade to Charleston OF the
heavy burden inflicted npon it, by assimilating in
that respect to the same trade at tho port
Of New York.
Captain Lebby's vessel, under tho City Ordi-
nance, pays an annual tribute of about six thou-
sand ($6OJ0) dollars to the pilots. Tho other
coastwise steam vessels pay enough to iaase up up
IN annual aggregate tribute to the pilots OF full
sixty thousand ($GO, ,OOO) dollars.
The pilot monopoly or ''ring, it appears, con
consist of not over thirty persons. This gives two
thousand (s2oOO) dollars to each one, besides what
may be leved upon foreign commerce and coast
wise sailing vessels.
Tho pilots arc doubtless worry worthy and meri-
torious persons.
They might think it great hardship to DO dis
turbed in the enjoyment Of this bounty, But is it
not quite as much hardship upon commerce and
the owners Of vessels to be compelled to pay it to
them for services not peGdedf Was it not quito as
likely that Gcnoral Sickles should intend to pro-
tect the latter and more numerous class as thGt no
should intend to continue to tax them for The COM
fort and support of this happy Pilot FAmily2
1t may he true that the foreign and other COM
merce Of Charleston is not sufficient to support
this corps of Pilots without the tribute Of the
coastwise steam vessels. That, after their long
and arcaous apprenticeship, it IL hardship that
their monopoly should be disturbed, and those who
do not want their services relieved from paying for
them. But this is NOT new hardship. The in
PRODUCTION Of railroads and locomotives was o
great hardship upon turnpike corporations, and
stage coaches and skilled stage drivers; but it
would not alleviate tho hardship, though it might
change tho sufferers, to say that every railroad
passenger should also pay for a seat ID the stage
coach when one should be oferod,
Tho introduction Of the power-loom was hard
ship upon the Eand-weayer. 1t is hardship that
have been disturbed and DESTROYED. Worse things
have happened, AMI may again happen, than that
The Pilots Of Charleston should only render ser
vices chat are wanted and only receive pay for
services they may render.