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


pilots lately cnne up before tho Hon. GEORGE S.
BRYAN, United States District Judge for Soutl,
Carolina. Captain ". s. LEDBY, master Of the
steamship Emay u. SoadcT, plying from this port
to New York, having procured United Suites pi-
lots license, AMI obiaiucd tho endorsement Of
Major-GcncraI SIcKLEs thereon, claimed that,
under tho military law at present presiding over
South Carolina, the nboso liccuse approved by the
Commanding General OF this department, gave
lin tho right to pilot his ship over Chnrlc.,tun
l'nr, ami that tho local law requiring him to have
hnbor pilot was of no forco and effect in tho pros
eht position OF affairs. an action was brought by
Captain W. L. AioDoSa1.D ono Of our hnrbor pilots,
against Captain LEDpY to recover The pilotasc, and
rs test question. Judge BRYAN, In nh ube opin-
ion delivered few days since, sustained tho au-
thority OF tho local law and gave tho pilot judg.
n,cnt for tho amount of his claim. To show The
position of tlIo counsel OF Captain LEuny, wc pub.
lisli the following statement OF tho points of tlIcir
argument:
The counsel for tho respondent, Capt. II. s. Lob
by, made two points only, viz:
1st. That tho Court Of Admiralty lad no juris-
dictiom to try Mis case.
I'd. That General sicklcs, having tho power to do
So had, by his endorsement and approval of Capt
i,ebbys certificate suspended tho operation of tho
City Ordinance, 80 far ns TO alluw Captain Lobby
to pilot his own vessel into nud ont Of tho port Of
They dill not Chin {but repeatedly tlisc,nimetl)
iSf CAPTAIN ieD6y under tho Act Of Congress- or
raj Admiralty Jurisdiction for pilot service and
also admitted, Notwithstanding tho cases to tho
contrary, admiralty jurisdiction concurrent with
local Courts to enforce local laws for pilot servicu
thai is, tho Admiralty having general jurisdiction
would, in allowing compensation, adopt tho rates
fixed by State Or local laws.
Thoy were not ignorant of tho decisions under
tho Act OF 1852, or tho proriso of tho Act of 1867
and mt tho outset OF the avowcl that, with
out General Slcklcs' endorsement OF approval they
had no case thoy only claimed for their client tho
right TO pilot his own vessel into and out Of tho
harbor by yirtuo of General Sicklcs' authority,
without S TINT thu Inv would be clearly against him.
Counsel for librllanis insisted Oh celebrating ar
gumentS against dclGnccs not Hct up, nnd ,1is.
claimed, by repeated interruptions. to Say such
arguments we're unnecessary; and his Honor, in
his learned opinion, has followed tho course nf
counsel, reminding one Of that weariod Judge who,
when tho Advocate before him continued to pro-
ponnl with startling energy tho proposition that
III feo simple il tho highest estate known to tho
law" graycly requested him TO pause while ho
made motto of tho point.
Upon Tho first point malo for tho respondent il
was urged that this case is lot within tho Admiral
ty juriadiclion because it is not for Idoiogc sc-
tho City Council Of Charleston for not accrJttmg
sucll services, to bc paid by tho Master wliu re-
fuses them The recovery asked for ii not for ser
vices rendered, but for services offered and not ne
ccpted. II may or may not bo penalty. II cor
tainly is not CAUSE of Admiralty Jurisdiction.
Tho ordinancc does not forbid vessel to como i'll
without liot. II allows it. Int tho price of this
License is the same al the price OF pilotagc and III
to hc paul by the Master, not by the ship. What
has Court of Admiralty to do with enforcing ts
tax upon tho muster, who brings in his own ship
What Inns ii To .n with enforcing This privilege or
pcrIusito or indemnity Ia tue Pilot for his rcadi-
ucss and offer 10 render his srrvces2 Doubtless
tho lluie-keepcr might, if Capt. Iebby were ls
guest, recover for thu meals he might prepare and
nlfer him. although he might neglect to eat them.
But hc cannot mako an Admiralty causr Of it, or
recover by Libel III Admira ty.
Upon the second point it WAS argued that tho
words Of Iebbys certificate wcro amplc--this wis
not denied. But the city ordinance forbade him,
Hence the necessity for tho approval OF General
Sicklcs, Which is still higher nllthority.
sslhero was no no need 4l his approval, unless for
York.
In reply 10 arguments that it was too violent
raj Sickses intended to disturb tho beautifully do
seribed pllotaSe monopoly System allowed by tho
city ordinance it was urged that it quite rca-
sohnolo ana natural to suppose that General
Sichles did iutonl just what his approval of tho
certificate did do,,-namely, nllow Captain Lebby
TO hc his own pilot, and thereby begin tO relieve
the coastwIsc steamboat trade to Charleston OF tho
heavy burden inflicted npon il, by assimilnting in
that respect 10 the samo trade at the port
Captain Lcbby's vessel. under tho City ordi-
nance, pays All annual tribute Of ahout six thou
santl {sG0jO) dollars to tho pilots Tho other
coastwlsc steam vessels pay enough to mako np
M annual aggregate tributo 10 the pilots OF full
sixty Thousand 0,001) dollars.
Tho pilot monopoly Or ring" it appears, can
consist Of not over thirty persons. This gives two
thonsan {S2oO0) dollars to each ono, besides what
may be lowed upon foreign commerce md coast
wihe sailing vessels,
The pilots arc doubtless worry worthy an,l meri-
torious persons.
They might think it great hardship to DO dis
turbed in tho enjoyment 0f this bounty But liz il
not quite as much hardship upon commerce and
tilo uwlors OF vessels to be compelled to pay il TO
them for services not necded7 Mas it not ui,ite us
likely that General Sickles should intend to mo
tect tho latter and moro numerous eass as that I'm
should intend To continue to tax tllu for the COM
fort anu support Of this happy Pilot Faniily2
It may DO truo that tho furoign and other COM
merco Of Charleston is not sufficient to suuuort
this corps of Pilots without the tribnto OF tho
coastwise steam vessels, That, after thoir long
their monopoly should DO disturbed, and those who
10 not want their services relieved from paying for
them. But this is not q new hardship Tho in
troduCtlon OF railroads md locomotives was n
great hardship upon turnpike corporations, and
stage co2clos and sktaed stage drivers; but il
would not alleviate tho hardship though il might
chango tho sufferers, to say That ovory railroad
coach when ono should be offorod,
The Introduction of tho power-loom was hnrd
SNIP upon tho hand.wcaSer. It is hard ship that
systoms Older thnn tho pilot Bystom of Chnrlosfon
have boon disturbed and destroyed Worse thipgs
nave y happened, Nh may again happen, than that
tho Plota OF Charleston should ohfy rontor ser-
vices that arc wanted, and only receiye pay for
serYices thoy may render,
xIsD