New-York tribune., 1868-03-03
CONFLICT or AUTHORITY

There Is on the Statute-b0OkS OF our state
an enactment, last amended in 1865, which
provides that a certain class of men, known
ms He'll Gate pilots, shall have certain priyi-
leges. which may be summed up as follows:
Every ship or vessel Of over 55 tuns burden,
which shall be accosted by one of these pilots
while passing through the He'll Gate channel,
shall be compelled either to employ him, at
ample rates fixed by the act or else shall pay
him half the sum so fixed in case of refusing
his servce-this provision not to prejudice the
right of the vessel needing pllotage to have
one of its own crew act rs its pilot, "ercept
"rLen in tolc of a steamer This last clause is
aimed at the owners of steam-tugs, who have
always been in the habit of towing and plotting
vessels. under a license from the United States,
through He'll Gate and other waters of the ma
ton. In other words, the State of New-York
erects toll gate at this point, puts forty-fve
men in charge, and virtually says to the men
who have licenses in their pockets from the
Federal Government to tow vessels through
He'll Gate and other waters adjacent to the
City of New-York, You shall not exercise your
functions here without subjecting yourselves
"to a penalty" To the captains of sailing yes
sells it says, "YOu must employ my pilots, or
"pay them and me if you don't" The owner
of a tow boat who shall disregard this statute
becomes liable to n fine not exceeding 500,
and imprisonment for not over sixty days, or
both A learned Judge in Queens County has
already imposed several fines for the transgres-
sion of this act, and has expressed willing
ness, it is understood, to visit all the rigor the
law permits upon the heads of future offenders.
The merit of this statute may briefly be
shown. shipmaster comes to the channel,
and is hailed by Hell Gate pilot. The reply
is, 1--WE don't want you; you are OF no use,
L" for the wind is against us; we must either
lie still or take steam tOw-boat" The pilot,
with secure impudence, then demands his half
pilotage, and dares the captain of the vessel
to employ tow-boat without also using his
service The choice lies between these three
courses-a delay till tho wind favors, which
may be tomorrow or next day; the ex-
pense of two pilots and tow-boat; or
fine of 800. The chief burden, however,
falls upon the owners of tow-bOats. by
the statutes of the United States, and
under its licenses, as pilots, they are
required to render t0wage, or pilotage,
to any vessel that may ask it, either in Hell Gate
channel or elsewhere, under liability of $500 for
refusal Thus, it will bo seen, they are be-
tween two fires. The General Government
gives them rights and duties; the State Gov
ernment declares that these shall not be exer-
cised. 1t may be said that the remedy lies in
the higher courts but these are mills that grind
out Justice slowly. Meanwhile, the best in
terests of commerce suffer, and the Hell Gate
pilots are the only persons who seem to be
A lar of IA ghi hof
visits or leaves this port passes through He'll
Gate, and if steam-tug captains would follow
their legitimate calling, as heretofore, it is
misdemeanor More than this, forty-fve men
the number licensed by the State-are often
insufficient to conduct the fleets that frequently
crowd this entrance to our harbor and, as II
consequence. the latter must either wait or
brave the hardships of q penal law.
The only shadow of plausibility for such law
is the narrowness of this channel, and the conse-
quent danger to navigation. In this regard it need
only be said that the pilots who are licensed by
the United States authorities undergo rigid
examination, and are.found duly qualified for
conducting vessels through He'll Gate before
they are thus privileged Who suffers when
commerce is obstructedf The people The
cost of freight is regulated by the difficulty or
the expense of transportation. If the State OF
New-York can establish one toll-gate upon the
National waters, how many more may it not
erect 7 To whom shall the supremacy be-
New-York or the Federal Government This
act should be Mt once repealed, not only as
contravention of the National laws, but as an
infringement upon republican liberty. And let
our lawmakers hereafter be either more con-
scentious or more careful about throwing into
the hands of class q power SO injurious and
despotic.
Onr BOSTON cnrrcsnondent. in letter printed