The New York herald., 1870-01-05
Of1cer Crow, Of the Second District Court squad.
yesterday afternoon arragned before the presiding
magistrate at Jefferson Market Police Court q
THE TONNAGE DUES.


Association-Op inion of the Counsel to the
Associati0n-Action Of the B0nrd 0i Direc-
tors-New ELECTROMAGNETIC Repeal Of Conn
pulsory Pilot Laws.
A regular meeting OF the board OF directors Of the
Vessel Owners and Captains Cooperative Assoca-
ton was held yesterday afternoon at No. 62 Pine
street, J. A. Van Brunt In the chair. Ordinary bus-
ness having been disposed OF, the secretary pro-
ceeded to read an opinion OF Mr.. ID. Mcmahon, the
counsel to the association, ION the constituonality
OF charge imposed on vessels by the harbor mas
ters OF the port OF New York, claiming to act under
the authority OF act OF the Legislature OF the state
Of New York, amounting to one and q half cents
per ton" This cnacuon Is under the fourth section
OF the act OF March 16, 1850. which was affirmed In
the case of Benedict Vanderbilt IN June, 1868.
In continuation he says that the narpor masters
fees are local port charges for services rendered
The power OF Congress to collect duties anu regu.
late commerce was ned III Cooley vs.. The Port
Wardens OF Philadelphia not TO interfere with any
right OF the States TO levy duties regulate navga
tion as part OF commerce FOR local purposes known
and practical at the llme or the adoption OF the
federal stitutlon distinct from levying duties
ior general purposes OF revenue. This, however,
arose under the pilot law OF Pennsylvania. The
haruor law In question was not known and practi-
cal ut the ADOPTION OF the federal constitution and
IS, therefore, practically forbidden: The Superior
Court hod that the narbor masters fees are exacLed
not for entering or anchorlng in the narbOr but for
using the territory OF the state for loading
and Daniels confirm the conclusion arrived at in the
OF Benedlctvs Vanderbilt The levy, however, Is
made Oh every vessel. whether moored or noG, and
the exactlOn practically amounts to duty on Lon-
mage. In the late case OF the Steamship Company
VS.. The Port Wardens the Superior Court declares
that statute OF State enactlng tnat the masters
and wardens OF port WITHIN 1t should be entitled to
demand anu receive, IN addition to Otner ices, the
sum OF five dollars whether called on to perform
any service not for every vessel arriving in that
port, as O regulation OF commerce within the mean
ing Of the constitution ana also duty on tonnage,
~ Mr
McManon regards tue Iiarbor Master law OF 1850 as
unconstitutional and vold and that the whole spirit
and effect OF the law OF tue STATE ~ At variance WITH
The fundamental principles or the federal COnstltu
tion IN the control OF navigation and commerce.
The following resolution was tnen adopted:
Whereas Of association has given an opin
Ion that the collection OF tonnage due OF and half
cents per ton by the harbor masters is at varance with the
resolved, That captains Of vessel, belonging to the
% ysd and ,o P. 70 & pay The ena Of and
OF New York under the authority of the fourth
act OF March H. 1850.
The Chair remarked that In case OF litigation those
affected would only nave to apply To him or the
Secretary 10 test the legality OF the resolution 1he
Following letter was then read fro the chairman OF
tue Lighthouse Board:--
OFFICE LIGHTHOUSE BOARD. !
SHin reply TO your letter o. the 2ls inst you in
tie t vessel stationed 10 marx the Wreck Of the s,ea sp
Scotland after the Obstruction is removed and Congress
Sss @ '' '' a. 2n IS;Sf snt'
sASpfCRp secretary v. y. ana o. q. a., New YORK.
Alter some debate the following petition to Con-
gress was drawn up md approved off,
To THE HONORABLE TIIE SENATE AND HOUSE REPRE-
ensrATiyEs OF raj UKrrED STATS ~ CoSsEEss
AsaB'bLED;
ionr petitioners respectfully represent that the light
sci ia the vicinity OF the wreck of the steamship Scotland
the "FDse Hook" "Uucr Middle" at the
ihe port OF New York. OF great service and benefit the
matters o al vesse entering The said port As is under
stood ist the terms OF the for the of
ead wreck VIII have been Ia short tmn fulfilled. and
feared tha. the said n vessel then be
petitioners Respectfully but earnestly request that tue Light
retain the said light vessel in bor present position perma
nently. And as IN duty pound. &C. &c.
Two other petitions were afterwards drawn up for
presentation for the establishment OF light
houses Body Island and another Tor the erection
OF one Winter quarters Shoai, Virginia. MIR.
Kenzel then reported progress Tor The Coinmtee on
the Jersey PiloJ Laws, after which he offered the
following res0lutlon:-
Resolved. That a OF three consisting of James
a. Van Brun,, Captain Joo FaSinnuTs and William w.
Baker, he appointed proceed ~ Washington the part
this association to the passage of act OF Con-
all from
the requirements compulsory pilot by the
various States.
on motion Mr.. Waterbury's name was inserted
instead of that of MIR. Baker, aud the resolution
passed, when, alter some debate on the progress
made py the association during the pas. gear, the
IN eeling adjourned.