Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-06-30
STILL the pILOTAGE.
Will itCause a Conflict Of Authority ?
An Interesting Talk with Senator
Bayard-The Question StiIl Exctt-
Ing the PhtIadelphians.

Ing the PhtIadeIphians.
The action of the Philadelphia Board
of Port Wardens on Monday week, when
they declined to renew the license Of
pilots who have applied for or received
license under the new Delaware law, and
the passage of the resolution allowing the
Master Wardens to issue certificates to
persons competent to pilot on the Della
ware river, but who have never served
regular apprenticeship, seems to have
created considerable excitement among
Delaware pilots at Lewes Capt. Virden.
who is one of the oldest pilots ON the
river, looks with much concern at the
attitude Of the Philadelphia Wardens,
and, in common with others, is much
alarmed for fear conflict of authority
may be the result. They also fear that
it may bring about the passage Of pilot
age law by Congress, and this they do
not appear to desire. They claim that, if
Pennsylvania denies the right OF Della
ware pilots to pilot on the 20 miles of the
Delaware river over which the former
State has control that Delaware will then
deny pilots who have no Delaware
licenses the same right between the
northern line of Delaware and Cape Hen
lopen. which this State controls. They
also deny the right OF the Wardeis to
issue licenses under any existing law, ex-
cept to pilots who have served regular
the first year of the independence of the
country, and one in 1887 which gives the
right of making pilotage laws to either
State over the waters they border upon.
Decisions have been given in years past
sustaining Pennsylvania under this latter
law. He hopes and is satisfied that the
matter can be arranged without any
difference or conflict between the interests
of the two states. Anything he does in
the matter will be with this end in view.
The Importance of an unembs rrassed
navigation of the Delaware river cannot,
he thinks, be estimated too highly in its
relations to the commercial interests of
the two states, and these interests he has
always endeavored, and will continue to
endeayor, to foster. In regard to Pea
patch Island, the Senator said this matter
had been settled in 1S4S. 'sThe ques-
tion," he said, twas the title to a circu-
lar section of II miles of land which was
claimed by James Humphres, to whom it
was decided by Henry Gale, who received
his title from the State of New
Jersey. 1t was agreed to submit
the question to Mr.. John Sergeant of Phil
adelphia. Hon. John NJ. Clayton and James
A. Bayard, my father, represented Della
ware, and Mr.. George NJ. Bib and John
II. Eaton represented New Jersey. Mr..
Sergeant adjudged that the 12-mile circle,
OF which New Castle is the centre, be-
longed to the State of Delaware. On May
9th, 1913, the State had given it to the
ITpitoA Statn nd a Of IL Enrt
Delaware had been built. The decision
included up to low water mark on the
New Jersey shore. The report was made
to the first session of the Thirtieth Con.
gress, and, with the arguments, is pub
lished in the documents of that session."
Senator Bayard added that while a State
had an undoubted control of the waters
running through her territory, lie would
not give an opinion on the matter in
question until he had given it further
study.
Philadelphia Ledger, June %.
LEwEs, DEL, June 22.-The action of
the Philadelphia Port Wardens on Mon
day, in declining to renew the license of
pilots who have applied for or received
license under the new Delaware law, and
the passage of the resolution allowing the
Master Warden to issue certificates to per-
sons competent to pilot the Delaware, but
who have never served regular appren-
ticeship, have created considerable ex-
citement here. Capt. Virden and others,
who have taken out Delaware licenses,
look with much concern at the attitude of
the Philadelphia Wardens, and say it is
likely first to bring about conflict of
authority between Pennsylvania and
Delaware and, finally, result in the
passage by Congress OF national pilot
age law. They say if Pennsylvania
should refuse to allow Delaware pilots the
right to pilot over the ~ miles of water
between the Delaware line and Philadel-
phia, Delaware would retalate by refds-
ing pilots holding only the license OF the
Port Wardens to pilot vessels between the
northern limits OF Delaware and Cape
Henlopen, about so miles. They also
deny the right of the Wardens to issue
license under the law OF 1903, or any
subsequent enactment, except to pilots
who have served regular apprentice
ship.
Philadelphia Inquirer OF 24ih INIT
Captain Virden, 70 whose efforts the
passage of the Delaware law may, in the
main, be attributed, was met in the Mar
thine Exchange, yesterday afternoon, by
an Inquirer reporter. Captain Virden's s
license, under the Pennsylvania law, has
expired, and, he having taken out a
license in Delaware, is debarred, under
the recent ruling of the Board of Port
Wardens, from having his Pennsylvania
license renewed, His name, with some
others, is conspicuously posted on a bull
etin board in the chamber of the Mari
time Exchange, as having taken out Del
aware licenses. The veteran handler of
the pilot-wheel took objections to having
his name thereon, and called Secretary
Brockie's attention to the matter.
Captain Virden stated to the reporter
that he had consultation with Senator
Bayard yesterday morning in reference to
the Pilotage laws, but he desired to con
slider the matter before giving an opinion.
Henry Flanders, ESD, who is counsel for
Captain Virden, has given the latter a
| written opinion in regard to the difficulty
| in which he says that "the Delaware law
is perfectly valid, and every pilot holding
| a license under that law is entitled to
| pilot and put into or out of any port sit
uated upon the Delaware river or bay.
He also states that, in order to avoid a
conflict of duties, pilots holding licenses
under the law of Delaware should sur
render the licenses they hold under the
law of Pennsylvania. Captain Virden
favored the passage by Congress of a
national pilot law. In the meantime the
Delaware law is being enforced, and yes
| sells coming to the Breakwater for orders
are compelled to pay pilotage as usual.
l
| Charge and Counter Charge.
| Special Correspondence OF state journal.
LAuREL, June 23.-Dr. w. ). Hitch,
who charges negro named Gritf Adams