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 A STATEMENT 
 
 THE FACTS AND CIRCOISTANCKS 
 
 RELATIVE TO THE OPERATION 
 
 THE PILOT LAWS OF U. S, 
 
 WITH PARTICULAR REFERENCE TO 
 
 NEW YORK. 
 
 NEW YORK : 
 
 , VI'llo.NV, STATIONERS. 
 P> 
 
 1848. 
 
j A STATEMENT 
 
 THE FACTS A.\D CIRCUMSTANCES 
 
 RELATIVE TO THE OPERATION 
 
 THE PILOT LAWS OF U. S. 
 
 WITH PARTICULAR REFERENCE TO 
 
 NEW YORK. 
 
 NEW YORK : 
 
 R. C. ROOT & ANTHONY, STATIONERS, 
 No. 22 William Street. 
 
 1848. 
 
 
Whilst the undersigned are convinced of the policy of admitting 
 Pilots of adjoining States, and traversing the same waters, into a 
 competition for the common Pilotage of those States, they can cheer- 
 fully say, in particular reference to the Jersey Pilots, that they have 
 every confidence in the faithfulness and efficiency of the Commis- 
 sioners of Pilotage of New Jersey, and in the salutary operation of 
 the laws of this State concerning Pilotage ; and have reason to 
 believe that the statements made in this abstract, with regard to the 
 conduct and competency of Jersey Pilots are a correct representa- 
 tion. 
 
 WM. PENNINGTON, 
 JOS. C. HORNBLOWER, 
 JOHN S. DAROY, 
 New Jersey, June 13, 1840. ARCHER GIFFORD. 
 
STATEMENT, &c 
 
 At the instance of several persons who take a deep interest in the 
 commercial prosperity of the city of New York, the compiler of 
 these sheets has here attempted to set the question of the repeal of 
 the pilot law of 2d March, 1837, in its proper light, by making as 
 clear an exhibition of the facts and circumstances of the case, as the 
 haste with which they have been selected would allow. 
 
 Pilot laws should not be made for the benefit of pilots, having in 
 view their interests alone. The establishment of a system of pilot- 
 age is but the adoption of a means to attain an end : that end is the 
 protection of commerce ; and in legislating on this subject, the end 
 should always be kept in view, and every thing in the law should 
 tend to its attainment. The interests of merchants, ship-owners, 
 and underwriters, are the primary interests at stake ; consequent 
 upon these, and immediately connected with them, are the interests 
 of the community at large. These positions are perfectly consistent 
 with the encouragement of eminent proficiency and faithfulness in 
 pilots themselves. Such encouragement is, in fact, conducive to 
 the principal design ; but though an object of importance, it is, or 
 should be, a subsidiary one. 
 
 That the Congress of the United States have full power to regu- 
 late the pilotage of the different ports and harbors of the States, there 
 can be no doubt. It is their right " to regulate commerce with 
 foreign nations, and among the several States, and with the Indian 
 tribes ;" and few things can with less hesitation be set down in the 
 category of commercial regulations, than laws of pilotage. No State, 
 therefore, should consider it as bearing hard upon its own legitimate 
 sovereignty, for Congress to exercise the right of passing such laws, 
 
or, which amounts to the same thing, of adopting laws created by 
 other legislative bodies on that subject. Part of the territory of 
 New Jersey is included within the bounds of the Collection District 
 of NewYork,and is thus subject to the supervision of Custom House 
 authority eminating from the Eastern side of the Hudson. But New 
 Jersey does not complain. She knows that the collection of the 
 customs, and all regulations relating thereto, is a matter that belongs 
 to the cognizance of ihe United States, and not to the cognizance 
 of one State ; and therefore she is contented, under such circum- 
 stances, to be ignorant of State lines, and State jealousies. 
 
 And thus it should be with regard to any laws that Congress may 
 see fit, in its wisdom, to pass respecting pilots and pilotage. It is 
 an unjust and unauthorized cry that is raised by the pilots of New 
 York and New Orleans, &c., or their friends, that they are deprived, 
 by existing laws, of any of their rights, or that their respective States 
 are deprived of any part of their proper sovereignty. 
 
 For many years Congress saw fit to pass no law on the subject of 
 pilotage, except the following, which left the matter entirely to the 
 care of State Legislatures. 
 
 Act of Aug. 7, 1789, Sect. 4. "All pilots in the bays, inlets, 
 rivers, harbors, and ports of the United States, shall continue to be 
 regulated in conformity with the existing laws of the States respec- 
 tively wherein such pilots may be, or with such laws as the States 
 may respectively hereafter enact for the purpose, until further legis- 
 lative provision shall be made by Congress." 
 
 Under this act, the pilots in the several harbors of the United 
 States were regulated by the laws of the several States respectively; 
 and, as a general rule, no pilots authorized to act as such by the laws 
 of one State, could pilot a vessel into the harbors of another; though, 
 from tbe contiguity of the waters, they were as competent to do it 
 as the pilots of the latter could possibly be. This species of exclu- 
 sive right, or monopoly, often bred confusion and jealousy ; and 
 deprived the general commerce of the country of that full, free and 
 concentrated assistance of its pilots, which the interests of that com- 
 merce required. The pilot laws of individual States were some- 
 limes inefficient, and their mercantile and insurance interests were 
 
often exposed to severe suffering, when the aid of the pilots of a 
 neighboring State would have remedied the evil, and offered an 
 incitement to improve those inefficient laws. 
 
 Such was the case in New York ; and what I have further to say 
 on this subject will be principally confined to her case. 
 
 The pilot system of New York up to 1837 was very inadequate 
 to the protection of her extensive commerce. The Master and 
 Wardens were restricted to the appointment of thirty pilots, and as 
 many deputy pilots. The practical inefficiency of this system may 
 be seen at once. The Master and Wardens were unauthorized to 
 appoint any new pilots, how much soever the wants of the commu- 
 nity called for it, until the death, resignation, or suspension of one 
 or more of the pilots already licensed. Some of these might be 
 superannuated, or disabled by sickness, or otherwise incompetent to 
 the discharge of their duties ; but the hands of the Master and War- 
 dens were tied : they had no power of providing for the exigencies 
 of the occasion. Besides this, the thirty actual pilots, secure of 
 their monopoly, were exposed to the temptation of remissness 
 which temptation became more powerful in proportion to the need 
 there was of their indefatigable exertions as in cases of stress of 
 weather, &c. By another provision of the laws of New York, the 
 pilot who brought a vessel into port, was entitled to the preference 
 of taking her to sea again. This was often an inducement for loung- 
 ing about the shore, when their assistance was needed outside of the 
 harbor. 
 
 Such were some of the objectionable features of the New York 
 pilot laws previous to 1837. The inefficiency of these laws was 
 the occasion of so much dissatisfaction, that Congress, by act of 2d ., ., / 
 March, 1837, enacted, " That it shall and may be lawful for the 
 master or commander of any vessel coming into or going out of any 
 port situate upon waters which are the boundary between the States, 
 to employ any pilot duly licensed or authorized by the laws of either 
 of the States bounded on said waters, to pilot the said vessel to or 
 from said port, any law, usage, or custom to the contrary notwith- 
 standing." 
 
The Legislature of New Jersey had passed a general pilot law in 
 the beginning of February preceding ; and pilots were in a short . 
 time after the passing of the Act of Congress, duly commissioned, 
 and entered upon the discharge of their duties ; whereby a spirited 
 competition was soon excited between them and the pilots of New 
 York. In addition to this, the pilot laws of New York underwent 
 a revision in April of the same year. All things combined, the se- 
 curity of vessels entering and leaving the port of New York, was 
 enhanced in an eminent degree. The New York pilots are now 
 aitempiing to get a repeal of the said Act of Congress, in order to 
 prevent the competition of the Jersey pilots. 
 
 It is my object to shew, by selections from such documents, 
 affidavits, and statements of men competent to judge, as I hope will 
 be satisfactory to every candid mind, 
 
 That all the evils which might be apprehended from the pre-ex- 
 isting pilot laws of New York actually occurred, and gave just oc- 
 casion of complaint to merchants, ship-owners, and underwriters ; 
 
 That these evils called for a more enlarged and liberal system of 
 pilotage, wherein the emulation of a large number of competent 
 pilots might be excited, for the protection of the extended com- 
 merce of New York ; 
 
 That this desideratum was, as far as practicable, attained by" the 
 reforms introduced in 1 837, particularly by admitting the New Jersey 
 pilots into competition with those of New York ; and 
 
 That there are no substantial reasons for modifying the present 
 laws, or for excluding the said pilots from such competition. 
 
 I shall commence by showing the state of things that existed 
 prior to 1837, and the complaints that arose therefrom. 
 
 I. I will here set down with only some verbal alterations, a few 
 extracts from the Diary of the late Capt. John Earl, well known for 
 many years as one of the most able and efficient officers for the pre- 
 servation of wrecked vessels and property, and for performing the 
 general duties of marine inspection, that the underwriters of New 
 York had in their employ. I 6nd in the said Diary many observa- 
 
lions of great value on various topics of marine interest, and much 
 on the subject of pilotage ; of which the following was principally- 
 written in 1835 : 
 
 " This a source of sore vexation. In 1819 when our commerce 
 might have been three-sevenths of what it now is, the number of 
 pilots was limited to 30 branch pilots, who might each appoint a 
 deputy, thereby securing a monopoly. If 30 pilots were insufficient /1*~*>~ 
 at that time, no less than 70, in the same ratio, are now required. , L , ^i^-c^. 
 But since that period any attempt to get the legislature to increase / 
 the number, or to revise the system, has failed. Perhaps the only 
 legislation on the subject in the interim, has been to add one-fourth 
 to the established rates, if a pilot should happen to take a ve*el so 
 far from the land that Sandy Hook was not visible a distance, in 
 clear weather, not exceeding 15 miles ; whilst the Chesapeake and 
 Delaware pilots are bound to cruise 40 miles each way, and are 
 often met 30 leagues at sea. But our pilots, with an average of 5 
 boats, being combined, keep, at most, two boats below to take off 
 outward pilots, whilst the others are at the city watching the signal ' 
 poles at Staten Island, where all vessels are announced, and then 
 set off to meet them, which they do, sometimes at the Spit, some- 
 times at the point of the Hook, but rarely before they cross the bar. 
 The boats kept below answer a double purpose, to take off outward 
 pilots, and to speak our numerous coasting vessels, and thereby 
 subject them to half-pilotage. Nor do they fail, in every instance 
 to extort.* One hundred dollars has been charged for bringing 
 (Capt. Lyon) from his ship, which was in distress at the Spit, to 
 the city ; fifteen dollars for bringing a letter from the Brig Frances 
 Ann, which was ashore, and in distress, on the West bank. 
 
 " And although protected in their monopoly by legislative enact- 
 ment, the community receive no adequate equivalent. It is a fact 
 susceptible of proof, that before the De Rham struck she was seen 
 to leward by one of our pilots, but because they had but one pilot 
 on board they would not go down to warn them of their danger. 
 The course pursued by this class (who are mostly natives of New 
 York) has had such an influence on their character that they are 
 

 10 
 
 4 
 
 never seen on change, or associated arid acting with ship-owners, 
 or masters of vessels, but if wanted, you must seek them at a porter 
 house, &c. ; and whilst the law enjoins it on each boat to have 2 
 apprentices, and to instruct them in every respect, and that an ex- 
 amination annually, in May, shall take place before the Wardens, it 
 is believed that the thing is totally neglected, and that the apprenti- 
 ces run wild, and are induced to leave the boats, lest they should 
 claim the privilege of becoming pilots in their turn ; else why don't 
 we hear something about the hardships of a five years apprenticeship,. 
 except in a Ward Court when pilots are supporting a claim for 
 fl*~* services never performed. It is then our sympathies are assailed,, 
 setting forth the privation and hardships of a pilots life. 
 
 " In conclusion. I have only to remark that the recent discov- 
 ery of Lieut. Gedney, proves how little dependence can be placed 
 on our pilots, who have left it to a stranger to discover a channel to 
 them unknown, through which a ship of the largest class on one 
 course from the Bar might reach the city in two hours, with a wind 
 that by the usual channel, would often occupy two days. And since 
 it is susceptible of proof that only three or four of our pilots have 
 even an imperfect knowledge of the channel to Amboy, what would 
 they do with a ship that had the misfortune to lose her anchors at 
 the Spit or on the Bar, blowing hard from N. E. ? She could not 
 get to sea, nor approach New York, but half, or more, of our Smack 
 fishermen and others, could run her to Amboy with safety, while if 
 in charge of a Sandy Hook pilot, like the Draper and tfce Eagle, 
 she would be run on shore. 
 
 " I am aware of the adage ' To mend the world is an arduous 
 task,' and I am also aware of Nature's law, that we cannot acquire 
 any permanent benefit, without self-denial ; but I verily believe that 
 by suitable and well directed efforts, this reproachful system could 
 be revised." 
 
 He then goes into a minute calculation of the emoluments accru- 
 ing to the pilots of New York, during the years 1834 and 1835, 
 deduced from entries at the Custom House, reports of Boarding 
 masters, &c., which after making all due deductions and allowances, 
 
11 
 
 he thinks could not have been less lhan $120,000 for ihe former, 
 and $115,000 for the Walter of those years. From this he argues 
 the propriety and justice of admitting a more extensive competition. 
 
 " If this statement," he continues, "is near the truth, it is evi- 
 dent that the income is sufficient to support one hundred efficient 
 pilots if not, it is time to increase the rates : for it is idle to sup- 
 pose that thirty pilots, and as many deputies (if the ranks were full) 
 can meet the wants of the community, and it is suspected that there 
 are several supernumeraries who never go out, some old men who 
 are seldom all able to attend, some licensed who have never been 
 qualified, and it is questionable if we have at any time over forty 
 efficient pilots. Yet on eleven days in one year there arrived and 
 cleared 1300 vessels averaging 1 18 per day, the largest number in 
 one day being 147. 
 
 " Compare the foregoing stntements with the official statement 
 published in the Key West Enquirer, (January 9, 1836,) exhibiting 
 the amount of salvage awarded during the year. On $270,000 of 
 wrecked property, S91 ,523.02 were divided between twenty vessels 
 averaging eight men each. Thus it would appear that 20 vessels 
 valued at 50.000, and 160 men, in one of the most hazardous em- 
 ployments, received only $91,528,02; while 5 pilot boats, not 
 exceeding half the value (say $25,000,) add (by law) not exceeding 
 60 pilots, realize $115,000. Hence it will be seen, allowing 10 
 per centum the capital employed, and apportioning the balance in 
 each case, that the Key West wreckers realized that year $540, 
 70- 1 00 per man, whilst the N.Y. pilots actually shared $1875 each." 
 Under date of January 9, 1837, in the same diary is the following : 
 
 " Ship Tamarac, from Liverpool, was stranded near Fire Inlet, 
 full of passengers, who made good their landing, except an infant. 
 Now it is a known fact that on Sunday, Jan. 1, six ships, three 
 barques, and eighteen brigs, were reported in sight hovering round 
 the bar with signals for pilots : at ihe same time three pilot boats 
 with their crews were reveling at Quarantine, and it is presumed that 
 all the others were at our docks in the city, as not a vessel received 
 a pilot during that day. At evening, the Hercules steam-boat passed 
 
12 
 
 down the Narrows with a pilot boat in tow, and some of the vessels 
 obtained pilots, some came into the Bay without any, whilst the 
 more cautious lay off and on, some of which, the Mexican and 
 Tiimarac, went on shore, and some have not since been heard of. 
 This circumstance has awakened public feeling, &c." 
 
 Then follows some remarks on the features of any new law that 
 should Ije passed on the subject. 
 
 He says again, " From memory, I have enumerated 39 vessels 
 ,.,1 /< totally lost within a few years, on pilot grounds, the losses amount- 
 
 ing to upwards of $3,000,000. I will therefore contend if we had 
 as efficient a pilot system, as that established at Liverpool, very few 
 of those losses would have occurred ; for not one of the whole num- 
 ber (for I have a perfect recollection of them) ever occurred from 
 stress of weather, and by far the greatest part of them were lost in 
 fine weather. This leads to the query how they were lost ? To 
 which I reply, from the well known fact that our pilots were never 
 to be found beyond the Bar ; and vessels must run the hazard of 
 seeking them there. If our pilots were bound to cruise on a line 
 with Fire Inlet and Barnegat, they would seldom be out of sight of 
 the Highlands in clear weather, and it would then be the practice of 
 all strangers to lie by for a pilot, instead of running into an eel-pot 
 for such, in effect, is the approach to Sandy Hook. By the time 
 a ship comes up with the Bar, she is perfectly embayed, and with 
 the wind S. E. cannot clear on either tack ; nor is it perhaps gen- 
 erally known that on the flood tide, the in-draught at 4^>ckaway 
 Inlet is such as to render it impossible, on the starboard tack, to 
 depend on the course steered, and but little is known by sounding " 
 
 He frequently finds fault with the rates of pilotage being the same 
 outward and inward, and with the preference to be given in taking a 
 vessel out to the pilot who brought her in. In one place in the 
 course of remarking on the provisions of the new bill introduced into 
 the Legislature of New York, 1837, he says : " By leaving outward 
 and inward pilotage on the same footing, and always giving prefer- 
 ence to the pilot that brought the vessel in, to take her out, and 
 seeing that one day with another through the year, 40 vessels are 
 
within two days of sailing, what pilot, sure of a ship that will pay 
 him $30, day after to-morrow, or even 4 days hence, would not 
 consider his chance better to wait than to go to sea and CHUM'. 
 Suppose, then, out of the precious 60 provided for by the bill, 40 
 are on shore with a good pretext for waiting ; 6 others necessarily 
 engaged as chairmen on political committees, 3 more on the sick 
 list, there would be left eleven pilots to look out. On the whole, 
 it is evident that the only chance of security left, is in giving en- 
 couragement to Jersey pilots, &c. Had the pilots suffered the bill 
 sent up to go into operation, it would have been more favorable to 
 all of them, inasmuch as it provided for the old men, and held out 
 greater engouragement to the young and enterprising ; whilst their 
 system has always been calculated to make dronesof the whole class.'* 
 
 Let this suffice of Capt. Earl's Diary. It will have been seen 
 from this, that he was a man of shrewd observation, and practical 
 judgment. He was one of the many men of the city of New York 
 who manifested a lively interest in the passage of the law of Con- 
 gress now attetnpted to be repealed, and of the pilot laws of New 
 Jersey passed about the same time. 
 
 II. / shall next make a few extracts from the presentment of the 
 Grand Jury for the City and County of New Forfc, on occasion of 
 the loss of the Barque Mexico, January 3d, 1837. The Grand 
 Jury sty : 
 
 " Desirous, however, of prosecuting their inquiries, in the hope 
 of eliciting information calculated to promote the security of the 
 lives and property of their fellow citizens, the grand inquest required 
 the attendance of many of our most active ship-owners, ship-masters, 
 port-wardens, and pilots, from whom the following was obtained 
 
 " It appears that forty years since, the number of pilots actually 
 in service in this port was about thirty ; in the year 1819, when 
 the existing laws regulating the pilot system were enacted, there 
 were thirty-eight ; and the number now is limited by law to sixty 
 (although from various incidental causes, those actually fit for duty 
 
14 
 
 do not exceed fifty, and propably, on an average, the number is 
 less,) which, the grand inquest feel constrained to say, from the 
 information before them, is wholly inadequate, especially during ihe 
 quarantine season, to the wants of this port. 
 
 "It appears that there are but six pilot boats in commission, to 
 each of which are attached, exclusive of the licensed pilots, from three 
 to five apprentices to the profession, who constitute the crew, &c. 
 
 " It further appears that there are several partners to each boat, 
 but that the total amount of pilotage paid on vessels arriving at, or 
 leaving this port, is treated as a common fund, and divided equally 
 among all the branch and deputy pilots ; this dividend is stated by 
 the pilots to amount, on an average, to $1200, or $1300 per annum 
 to each ; and it is contended by the pilots, as the grand inquest 
 conceived with much reason, that this is not more than a fair com- 
 pensation to men who lead lives of great exposure and responsibility. 
 
 " The grand inquest are compelled to state, that, without excep- 
 tion, the testimony of every merchant and ship-master examined by 
 them, was such as to reflect great discredit on the vigilance and 
 activity of the pilots of this port, as compared with the pilots of any 
 other port of our own coast, as well as the principal ports of Europe. 
 
 " It seems to be the inevitable result of a system, which selects 
 so small a number for so great a work, and which secures to them 
 by legislative provisions of the strictest character, the exclusive 
 enjoyment of these offices, and in certain cases giving them a moiety 
 of the compensation, where no service is performed. m 
 
 " And to the combination before alluded to, the greater portion 
 of the existing evils may be fairly attributed ; for, being secure of a 
 ratable proportion of the entire income of the profession, the indo- 
 lent are placed on a footing with the enterprising and moral, and 
 every incitement to emulation is completely paralysed." 
 
 III. At a general meeting of the New York merchants, Dec. 8, 
 1836 it'was, amongst other things, 
 
 "Resolved, That in the opinion of this meeting, the existing pilot 
 laws of this State are deeply injurious to the interests of navigation, 
 
IS 
 
 by preventing all competition, and by taking away the inducements 
 which are held out to pilots jof other ports, to board vessels at a dis- 
 tance from their harbors." 
 
 The above is but one of the many expressions of the public opin- 
 ion on the subject, that were made about that time. Numerous 
 resolutions of public meetings convened on the subject of the pilot 
 laws ; numerous communications from those that were concerned in 
 the mercantile and shipping interests, constantly appeared in the 
 public prints of th$ day, loudly calling for a repeal of the existing 
 laws, and for the establishment of such a system of pilotage, as should 
 give scope to extensive and general competition, whilst it secured 
 the competency of the pilots. Scarcely a merchant, or a ship-owner, 
 or an underwriter, or ship-master, could be found, who was not 
 anxious for reformation. These were the very men whose interests 
 were at stake. 
 
 It was at this crisis that many citizens of New York, of the highest 
 character for intelligence and public spirit, urged upon their friends 
 in New Jersey to endeavor to obtain the passage of pilot laws in that 
 State. There were many persons belonging to that State who were 
 intimately acquainted with the coasts and harbors of New York and 
 adjacent places, and much better qualified in some respects than the 
 New York pilots to take charge of vessels bound to that city, e. g., 
 they were intimately acquainted with the channel to Amboy alluded 
 to in Captain Earl's diary. It has been seen that they succeeded ; 
 and by virtue of the Act of Congress passed about the same time, a 
 competition was created between the pilots of New Y r ork and New- 
 Jersey, which has been productive of the greatest advantages to the 
 great commercial emporium. 
 
 This competition xvas particularly desired and encouraged by the 
 leading merchants and others who had friends or property exposed 
 to the dangers of the sea, as will be seen by the following Resolution 
 (for example) passed at a meeting of the Delegates from the Cham- 
 ber of Commerce, the Board of Underwriters and Merchants of the 
 City of NeVYork, held 17th May, 1837: 
 
16 
 
 "Resolved, Tint the law of the last session of our Legislature 
 * for the appointment and regulation of .pilots ' is objectionable, par- 
 ticularly in that part which has advanced the rates of pilotage from 
 33 to 50 per cent. 
 
 "Resolved^ That in the opinion of the meeting, measures should 
 be taken by the merchants and underwriters of this city, for sustain- 
 ing a free and fair competition between the New York and New 
 Jersey pilots, as the best means of insuring a faithful and attentive 
 performance of their duties, and that encouragement and patronage 
 should be extended to the latter so far as may be necessary to sus- 
 tain such competition." 
 
 I shall now take leave to adduce a few proofs, properly authen- 
 ticated, and selected from a large number that might be exhibited, 
 showing that the complaints above set forth, were fully authorized 
 by the facts ; and that the system of competition introduced in 1637, 
 was attended with the most happy results. 
 
 IV. Affidavits and statements of several ship-masters and others. 
 
 1. AFFIRMATION OF CAPT. GIDEON PARKER. 
 
 " The ship Junior under my command arrived off Sandy Hook 
 on the 14th December, 1836 ; was within one mile of the Jersey 
 shore, and Sandy Hook light-house distinctly in sight before sunset 
 from the deck of the ship. At about half past 7 P. M. the light at 
 Sandy Hook bore West. (I had a signal lanthorn set with a light 
 soon after dark, which was continued till after day-light, when a 
 jack was set at the fore top-gallant mast head being the usual sig- 
 nal for a Pilot.) The wind was from the N. W. to W. N. W. I 
 continued beating into the Hook looking for a Pilot. At 11 P. M. 
 the Hook light bore South ; at 12 midnight, anchored, the light 
 bearing E. by N. about 4 miles distant. On the 16th at 10 A. M. 
 was boarded by a Pilot 40 hours after I was within 5 miles of the 
 lUht-house, and signal flying night and day the whole time. 
 
 " I have not made the above statement, as any thing new in my 
 experience ; I have sailed out of New York something "more than 
 
17 
 
 twenty-seven years ; more than twenty as master ; and I do not 
 recollect of receiving a Pilot ut of sight of the land that the Hook 
 light-house stands on, but once ; and that was something more than 
 two years since; during the time there was an opposition Pilot Boat 
 on the station. I was boarded by a news collector (I think the 
 Courier and Enquirer's boat) at about half-past 6 P. M. within half 
 a mile of the shore, and about ten miles south of the Hook, who 
 informed me that a pilot boat was a short distance ahead, and would 
 soon board me. I did not believe him, and told him so, never 
 having seen nor heard of an instance of the kind before ; but it was 
 true for once, and I arrived in town at 11 P. M. 
 
 " I have brought the ship Indiana from sea, and beat into the 
 Hook without a pilot, with the wind west, and arrived at the city 
 without being spoken by one. I do not believe that I have taken a 
 pilot outside of the outer buoys once in five times since I have sailed 
 from the port. 
 
 " It is a matter of notoriety, wherever I have been acquainted 
 with ship-masters and commercial men that travel by sea in Europe, 
 Africa, North and South America the negligence and inattention 
 of New York pilots. It is a bye-word, 'As lazy as a New York 
 pilot.' You cannot say any thing more grating to a seaman : if he 
 is black he will consider himself highly insulted, and I certainly 
 
 think so too." 
 
 (Signed,) 
 
 Affirmed to before me this . GIDEON PARKER. 
 
 18th day of January, 1837. / 
 
 FRED. BLATCHFORD, / 
 
 Notary Public. ) 
 
 2. CAPT. POST'S STATEMENT. 
 
 " Ship Tuskina, from Mobile, R. N. Post, Master. 
 
 "Jan. 17, 1834, I arrived off the port of New York, Highlands 
 
 bearing West, 4 miles ; set signal for a pilot clear weather wind 
 
 W.N.W. At 8i o'clock carne on the bar in 4^ to 5 fathoms water,. 
 
 Sandy Hook bearing W. by S. 2 miles by estimate. I beat in over 
 
 3 
 
18 
 
 the bar by the lead, but making but little head by each tack, it being 
 ebb-tide. Here we remained until2 P. M. before we could dis- 
 cover a pilot as far as the eye could extend with a good glass, the 
 weather remaining clear. Soon after we made a pilot coming down 
 the Narrows : came alongside and brought the ship to anchor. We 
 then hauled down our signal. At 3^ a steamer came alongside and 
 took us to town. 
 
 "12th Nov. 1835, I arrived off Sandy Hook from Mobile at 2 
 P. M. Sandy Hook bore W. by S. 2 miles. Signal had been 
 flying for a pilot 2 hours, after which I stood on to the bar in 4 to 
 5 fathoms water ; tacked ship, and stood back again, at the same 
 time heaving the lead ; wind W.N.W., clear weather. At 3 P. M. 
 made a pilot boat coming down the Narrows, and not long after, 
 came alongside, and brought the ship to anchor in the channel. At 
 this time there were not less than 12 sail on our contracted pilot 
 ground, in want of pilots. One of the said vessels I saw enter the 
 port without a pilot, and proceed on her way. I have been sailing 
 out of the port of New York more or less for sixteen years, and have 
 no recollection of ever seeing a pilot board a vessel in the night at 
 Sandy Hook but once ; though I have often seen them in want of 
 them : and I do most positively assert that I have time after time 
 been running up for the bar, with fair and moderate winds, and 
 Sandy Hook not more than three miles distant from me, and found 
 the entrance of the port of New York as destitute of pilots, as if I 
 had been sailing down the rapids of Niagara. 
 
 " I do not make these statements wishing to injure those pilots ; 
 but make them as my own grievances, and do trust our Legislature 
 will enact such laws in regard to the pilot system as will meliorate 
 our present condition, that the weather beaten sailor may find relief, 
 the interests of both underwriter and merchant may be more secure, 
 and that there may be fewer widows and orphans, and fewer dead 
 bodies floating along the shores of our port. 
 
 " This ship belonged to Messrs. E. D. Hurlbut & Go's line of 
 packets. See their letter herewith, con6rming the negligence of 
 the pilots." 
 
19 
 
 
 
 [Messrs. E. D. Hurlbut & Co. remonstrated against any change 
 in the law as it now stands, stating formerly that their ship-masters 
 found it difficult to get pilots, and when they did, it was only inside. 
 It is now different. They have 23 vessels from their house, 14 of 
 which are ships chiefly employed in the Southern trade, and their 
 entrance into port is frequent, 1840.] 
 
 The ship Bristol, from Liverpool, went ashore on Rockaway 
 shoals, Nov. 20th, 1836, and nearly 100 souls perished. The fol- 
 lowing statements were made and published at the time : 
 
 " Before the gale set in, the Bristol was seen by the Columbus, 
 which pressed under her stern at 10J P. M. standing to the east- 
 ward under three topsails, with a lantern at her foretopmast head for 
 a pilot the Highland lights bearing to the Southward of West, and 
 Sanely Hook light distant five miles." The pilots attempted to 
 show at the time that no blame could be attached to them. On 
 which the following statement appeared ; being a letter from one of 
 the most respectable houses in the city. 
 
 "CoL. WEBB, 
 
 Sir We, had the following vessels ofF Sandy Hook, on 
 Sunday, (the day the Bristol was wrecked,) that were unable to ob- 
 tain Pilots, and were compelled to take the risk of going ashore in 
 company with the ship Bristol : their loss w r ould not have been of 
 much consequence, if those on board had been saved, as they were 
 all insured, and as it appears that the underwriters are much more 
 willing to pay two or three hundred thousand dollars a year for ves- 
 sels going ashore on our coast, than they are disposed to get up an 
 effectual petition to the Legislature to alter our Monopoly pilot 
 laws. 
 
 Brigs Sterling, Baron, Benjamin. 
 
 Schrs. Powhattan, Albecross, NewYork." (Vide Appendix A.) 
 
 The loss of the Bristol raised the public indignation against the 
 then pilot laws, to a very high pitch. 
 
20 
 
 The loss of the barque Mexico has already been alluded to in the 
 journal of Capt. Earl Of 1 1 6 souls on board , not more than 6 or 7 
 were saved. The following is an extract from the statement of the 
 loss which appeared at the time: "The barque Mexico, Capt. 
 Winslow, sailed from Liverpool on the th of October last, having 
 on board a crew consisting of 12 men and 104 passengers, in all 
 116 souls. She made the Highland lights on Saturday night last at 
 I 1 o'clock, and on Sunday morning was off the bar, with thirty or 
 more square ringed vessels, all having signals flying for pilots, but 
 not a pilot was there in sight- The Mexico continued standing off 
 and on the Hook till midnight ; she and the whole fleet of ships dis- 
 played lanterns from their yards for pilots. Still no pilot came. 
 At midnight the wind increased to a violent gale from the north 
 east, the barque was no longer able to hold to windward, and w?is 
 blown off a distance of some 40 miles, &c., &c. She went ashore 
 26 miles east of Sandy Hook, at Hempstead beach." 
 
 3. AFFIDAVIT OF CAPT. CHAMPLIN. 
 
 "Lt/me, May 12, 1840. 
 
 il I, Christopher H. Champlin, of Lyrne, in the State of Con- 
 necticut, on oath depose and say, that on the first day of January, 
 A. D. 1839, I was on my homeward passage from London, in the 
 packet ship Montreal ; I reached the bar off Sandy Hook, about 8 
 o'clock in the morning, and remained there until 3 o'clock in the 
 afternoon, waiting for a pilot, but none came. I then ran my ship 
 in, and anchored abreast of the light-house. At about half past 6 
 o'clock in the evening, a steamboat came down, with a pilot on 
 board, and towed me in as far as the lower Bay, where I anchored. 
 The wind during the day was from S. to S. S. W., but about 9 
 o'clock in the evening a snow storm commenced, and the wind was 
 then about N. E. While I was lying off the Hook, there were a 
 large number of other vessels, as many I should [think] as twenty 
 in all, waiting for pilots. Among them was the barque Mexico, 
 with a signal for a pilot, and signals of distress. I spoke her, and 
 she requested permission to follow me in. T told her I did not like 
 
21 
 
 to venture, but advised her to run in, as she \vas in distress. I 
 afterwards saw her lower her boat, which went to one of the other 
 ships. When I got in, I saw her in the offing lying-io. Her sub- 
 sequent loss is well known." (Signed,) 
 
 C. H. CHAMPLIN'. 
 
 State of Connecticut, ) 
 County of New London, ) Lyme, May 12, 1840. 
 
 " Personally appeared Capt. Christopher H. Champlin, to me 
 known, and subscribed and made oath to the foregoing affidavit." 
 
 (Signed,) HENRY M. WAITE, 
 
 A Judge of the Superior Court 
 of the State of Connecticut. 
 
 4. AFFIDAVIT OF CAPT. JOHN M. BROWN. 
 
 " City and County of New York, ss. I John M. Brown, of 
 Brooklyn, New York, Master Mariner and Wrecker, hereby certify 
 that I have followed the sea for the last twelve years, and have been 
 much engaged in the wrecking business, near the port of New York. 
 I do certify, that on the tirst of January, 1837, I was bringing a 
 cargo of wrecked goods from the brig General Trotter, stranded on 
 Long Island, and I was off the Bar at Sandy Hook about 9 o'clock, 
 A. M. I saw the barque Mexico, about 10 o'clock, with a signal 
 of distress flying and a signal for a pilot. The wind was at that 
 time fair to go into port, and I proceeded up to the city. I saw 
 the barque Mexico up to 4 o'clock in the afternoon of that day, 
 and the signals were still flying. I also saw sixteen other square 
 rigged vessels wanting pilots ; and I am well acquainted with pilot 
 boats, but could see none on that occasion. At eleven P. M. the 
 wind changed to the westward, and blew heavily. 1 got up as far 
 as Staten Island on the night of the first of January. If the barque 
 Mexico, and other vessels, had got pilots when I first saw them, 
 they would have had a fair tide, and fair wind to get safely up into 
 the Bay, and could have done so ; but I did not see any pilot on the 
 next day, nor until I heard the Mexico was lost, and I was on my 
 
22 
 
 way to her relief. Since the pilot law of the United States has 
 come into force I have seen that the pilots have gone well to sea to 
 iook for vessels, which they seldom or never did before. I have 
 spoken them off Cape May, and out ol sight of land." 
 
 (Signed,) 
 
 Signed and Sworn to, before me, ] JOHN M. BROWN. 
 
 this 9th day of May, 1840. 
 (Signed) JAMES BERGEN. 
 Public Notary. 
 
 Such is some of the testimony which might be brought forward 
 to shew that, before the reform that was introduced into the pilot 
 system in consequence of the law of Congress of 2d March, 1837, 
 and of the New Jersey pilot laws, the pilots of New York were not 
 only inadequate in number, but lamentably deficient in activity, for 
 the protection of the port of New York. I have before me lists of 
 vessels stranded and lost in the vicinity of New York, within the 
 last six years, from which it appears that far less injury has been 
 sustained by shipping during the three years the co-operation of the 
 New Jersey pilots commenced, than there had been for the three 
 previous years. These lists are taken from the records of Insurance 
 offices, returns of wreck masters, and certificates of others cognizant 
 of such matters. I select the following remarks from some of 
 these lists. 
 
 11 Brig Hancock, with a New York pilot on board of the name of 
 [I withhold the name] who was drunk on the cabin floor when she 
 struck on the west Bank." 
 
 4< Brig New England lost in consequence of the drunkenness of 
 the same pilot." 
 
 Several others are mentioned as having New York pilots on board, 
 and not one, as having a New Jersey pilot. 
 
 The following affidavits will go more particularly to evince the 
 good effects of the system introduced in 1837, and the competency 
 and faithfulness of the New Jersey pilots. 
 
23 
 
 5. AFFIDAVIT OF CAPT. D. G. BAILY. 
 
 "City and County of New York, ss. I, D. G. Baily, Master 
 of the ship South America, do declare and say, that I have sailed 
 out of the port of New York for the last fifteen years and have had 
 occasion to become well acquainted with the system of pilotage in 
 force for the port of New York, up to the passage of the law giving 
 the right of competition to the New Jersey pilots. I have had 
 great reason to complain of the inattention and negligence of the 
 New York pilots, and know that their conduct was a cause of gen- 
 eral complaint up to that time. Since the competition of the New 
 Jersey pilots, I have had occasion to be well satisfied with the effects 
 of the Law of the United States, and I know of no reason to alter it. 
 Under the old system, I have often been dangerously delayed for 
 want of a pilot, and have often been boarded by the New York 
 news-boats before I could get a pilot. It is my belief that an alter- 
 ation of the law as it now stands would be injurious in its effects. 
 I have had a New Jersey pilot on one occasion, and he gave me 
 complete satisfaction. 1 have heard the New Jersey pilots praised 
 by ship-masters of my acquaintances, as being fully competent for 
 their business." 
 
 Signed and Sworn to before me, ) (Signed) 
 
 this 9th day of May, 1840. ' D. G. BAILY. 
 
 [Signed] JAS. BERGEN, Not. Pub. ) 
 
 " I have read the foregoing affidavit of D. G. Baily, and having 
 commanded several packet Ships out of the port of New York, 
 have had experience as to the system of pilotage of the port of New 
 York, and my own knowledge enables me to declare that the state- 
 ment of Capt. Baily is similar to what I should make under oath." 
 
 (Signed) 
 
 WM. C. THOMPSON, 
 
 Com'r. Ship Stephen Whitney. 
 
 " P. S. I have had New Jersey pilots on many occasions and 
 they have invariably given me satisfaction." (Signed) 
 
 WM. C. THOMPSON. 
 
24 
 
 6. AFFIDAVIT OF CAPT. THOMAS BRITTIN. 
 
 " City and County of New -York, ss. I, Thomas Brittin, now 
 commanding the ship Gladiator of New-York, do declare and say, 
 that I have commanded vessels out of the port of New-York for 
 nineteen years, and up to March, 1837, have arrived off Sandy 
 Hook with a signal for a pilot flying, but was frequently compelled 
 to run into port without a pilot, as none could be procured, not- 
 withstanding the ordinary measures having been taken to attract the 
 notice of the pilots if any were in sight. Up to that time the whole 
 business of piloting vessels as conducted by the New-York pilots, 
 was a subject of general complaint among ship masters. Since the 
 establishment of the New-Jersey opposition, pilotage has been well 
 conducted, and the competition has had the effect of causing vessels 
 to be supplied with pilots a long distance from Sandy Hook. In 
 my fast voyage, I got a pilot to the eastward of Fire Island light. In 
 my last voyage but one, I got a pilot off Barnegat, N. J. I know 
 of no reason to complain of the present law as to pilots, and am 
 fully convinced that the removal of the New Jersey competition 
 would be highly injurious to the commerce of New York and 
 hazardous to the lives of passengers and seamen. I have had occa- 
 sion to employ the New Jersey pilots, and they have invariably 
 given satisfaction." 
 Signed and Sworn to before me, } (Signed) 
 
 "this 9th day of May, 1840. THOMAS BRITTIN. 
 
 (Signed) JAMES BERGEN, j 
 Notary Public. J 
 
 7. In a statement made by James Bergen, Notary Public, of 
 vessels stranded and wrecked, he closes as follows : 
 
 "And I do further declare that, &c. and that the pilots up to 
 March 1837, were not in the habit of going to sea ; and, since 
 then, I have seen the New York and Jersey pilots seventy miles 
 from Sandy Hook. I have no reason to know that any unusual 
 /r complaint has been made by ship-masters or merchants, as to the 
 pilots, for the last three years." 
 
 (Signed) JAMES BERGEN, Notary Public. 
 
25 
 
 8. That the New Jersey pilots have been, at least, as competent 
 and faithful in the discharge of their duties, since the law of 1837, 
 as their competitors, we have abundant proof. I have before me a 
 list of twenty-six vessels of the largest class, which during the years 
 1838, 1839 and 1840, have been run aground and more or less 
 damaged (some being totally lost) whilst under the care of New 
 York pilots (and the name of the pilot in each case is given, 
 which I, however, withhold from the public eye) ; whilst during 
 that period, not more than two or three cases, it i* believed, can be 
 pointed out of any accjdentd happening to vessels having on board 
 Jersey^pilots. 
 
 The following certificate is to the same purport : 
 
 * NEW YORK, June 6, 1840. 
 
 u I hereby certify that I was a passenger in the ship Zenobia, 
 Nathaniel Kinsman, master, from Canton to New York ; that we 
 took a pilot (as I believe fronj boat No. 6) at about 5 o'clock on 
 the afternoon of Monday the 25th ultimo, at a distance of some 20 
 or 25 miles to the southward and eastward of Sandy Hook the 
 land, at that lime, not being visible, owing to a thick haze. We 
 stood in till about 9 P. M. with the wind from the S E. ; when 
 owing to the strength of the ebb tide, we anchored outside the Bar. 
 We got under way at about 4 A. M. of the 26th, with a moderate 
 breeze from the northward and eastward, and stood up the Bay, 
 the weather being quite clear and pleasant. As we progressed the 
 wind hauled more to the northward. At about o'clock the 
 pilot tacked ship to the eastward, the ebb tide setting out strong 
 soon afterwards. We were headed off to E. S. E. and for a short 
 time to S. E., the wind coming in from the sea with a thick fog. 
 We were in the act of going about, not many minutes after the fog 
 came in, the ship struck on * the middle. ' 
 
 ** It was a subject of remark when the pilot came on board, that 
 he was ignorant of his distance from, and of the exact direction of 
 the Hook ; and at the time we struck, that he did not know the 
 state of the tides. In reply to the inquiry of Captain Kinsman^ what 
 
26 
 
 was to be done to get the ship off, he said it \vould be of no use to 
 anchor, that she would come off with the flood, &c. In trimming 
 the sails he seemed to follow the suggestions of Captain K. rather 
 than to act from his own judgment. 
 
 " At the request of Captain K. I left the Zenobia in the ship's 
 boat, at about 7 o'clock lor New York, to procure a steamboat, and 
 other assistance. 
 
 kt The Zenobia is owned by D. P. Parker, Esq. of Boston, and 
 had on board at the time she struck, a cargo of teas, silks, &c., 
 worth some $600,000, and the pilot was made aware of the value 
 of his charge, soon after getting on board." 
 
 (Signed) A. A. LOW. 
 
 By another statement, it appears that the Buoy of '- the Middle" 
 was,in sight when the vessel struck. The vessel was considered as 
 in great danger of being lost. 
 
 By other statements, it appears tlij|t the ship Henry Fourth, from 
 
 South America, was run ashore in good weather by a New 
 
 York pilot, whose brother has been seen at Washington endeavoring 
 to get a repeal of the Pilot Law. The Henry Fourth was a total loss. 
 
 9. As a further proof of the general satisfaction which has been 
 given by the operation of the existing law, 1 here give some extracts 
 from the remonstrances of those whose interests should be consulted, 
 against the repeal of that law. 
 
 A. Resolutions of the Board of Underwriters, passed 25th Feb- 
 ruary, 1840. 
 
 " Whereas, information has been received by the Board of Un- 
 derwriters of New York, that efforts are now making for procuring 
 an alteration or amendment of the Act of Congress, passed 2d day 
 of March, 1837, pertaining to the pilot system, and whereas, this 
 Board know of no desirable change in the law as it now stands 
 
 " Resolved, That the experience of the last two years has abun- 
 dantly evinced the expediency of continuing in force the present 
 
27 
 
 Law of the U. States, regulating the conduct of the pilots, especially 
 as regards the bay and waters of this port. 
 
 "Resolved, That the good effects of the Law in question hare 
 been signally evinced by the remarkable difference between the num- 
 ber of disasters occurring in the vicinity previous to the passage of 
 the Act, and those which have since taken place. 
 
 "Resolved, That the competition opened by the Law above 
 named, in the pilot business, between citizens of different States, is 
 essential to the safety and prosperity of the commerce of this port, 
 and can only be secured by the provisions of the Act already passed." 
 
 A copy of these Resolutions were forwarded to some of the 
 Members of Congress, accompanied by a letter prepared under the 
 instructions of the Board of Underwriters, of which the following is 
 an extract : 
 
 " Antecedent to the year 1S37, representations and serious com- 
 plaints were made against the combinations and regulations which 
 existed among the pilots of Ibis port, prejudicial to the service, 
 whereby their exertions were diminished. 
 
 "The proper order was reversed : vessels wanting pilots were 
 obliged to wait for f/iem, and if the weather was very bad, they could 
 not be met with until a change took place ; after which it was found 
 that they had frequently been very improperly and unnecessarily 
 sheltered in the bays. Many of the most heart-rending shipwrecks 
 of vessels without pilots, bound into this port, took place, occa- 
 sioned wholly, as was supposed, by the negligence of the pilots, and 
 an indisposition on their part to be where duty required them. 
 
 " The passage of the Law of Congress, dated 2d March 1837, 
 whereby the pilots of the adjoining States were allowed open com- 
 petition, with this State, gave great satisfaction, affording to those 
 interested in commerce, and such as had friends crossing the ocean, 
 a prospect of diminished risk in entering or leaving the port. 
 
 " Very soon thereafter, pilot boats from this city and from Nevr 
 Jersey, sailing out of this harbor with hardy and daring crews, defy- 
 ing the worst weather, were found cruising 50 to 100 miles outside 
 of Sandy Hook, thus entirely hushing the plea made so frequently 
 
28 
 
 before on their part, that the weather oti' this port was too bad for 
 pilot boats to keep at sea. Each now looks for such patronage and 
 share of a suitable reward, as his own exertions fairly entitles him 
 to receive. The number of vessels and passengers lost in approach- 
 ing the coast, diminished as the activity of the pilots increased : 
 the contrast surpassed belief," &c. 
 
 B. The Memorial of the Chamber of Commerce, N. Y. of Gth 
 i\lay, 1840. 
 
 After adverting to the efforts made by the N. Y. pilots to obtain 
 a repeal of the laws, the memorial proceeds : 
 
 " The principal grounds, as the Chamber is informed, upon 
 which the application for repeal is founded, are that the New York 
 pilots are sufficient in number for the commerce of the port, and 
 i hat the New Jersey pilots are not competent to the discharge of 
 their duties. This Chamber, however, is of opinion that the 
 extended commerce of this port, and which is continually increasing, 
 will furnish employment for competent pilots from both States ; for 
 complaints of the effects of the monopoly previously existing, when 
 New York pilots only were employed, have been of long standing, 
 and were but too well founded ; and as regards the competency of 
 the New Jersey pilots, the fact has been established by our Marine 
 Insurance Companies, who are not only the most competent parties 
 to judge, but from a regard to their own interest are also most likely 
 to decide correctly, that fewer accidents have occurred to vessels 
 under the charge of the New Jersey pilots, than to those under the 
 management of their opponents. 
 
 " Among the advantages resulting from the law of Congress, is 
 that arising from the more frequent use of the new channel, called 
 Gedney's channel ; which has not been a favorite with the New York 
 pilots, and of course not so well understood ; and in the late instance 
 of the United States frigate (Potomac) .going to sea, having one of 
 our most competent New York pilots as well as a New Jersey 
 pilot, on board, the former declined to take charge, while the latter 
 conducted the ship in safety to sea through the new channel, with 
 
19 
 
 nearly lour feet more water than existed in ihe other channel. But 
 the most important benefit resulting from the law is felt in the com- 
 petition that has sprung up, and which contrasts so favorably with 
 the injurious effects of the combination previously existing amonii 
 the New York pilots. The loss and danger to our commerce 
 arising from the neglect of our pilots, who formerly rarely ventured 
 out beyond the waters of the lower bay, was long a subject of just 
 reproach, and called loudly for redress : whereas now, pilot boats 
 are continually boarding vessels fifty miles from port." 
 
 C. A Remonstrance, signed by 64 ship masters, dated New 
 York, May 6, 1840, amongst other things contains the following : 
 
 " Your remonstrants would state that vessels nearing this port, 
 during the enforcement of the former system of pilotage, were com- 
 pelled to remain outside Sandy Hook, in many instances, two or 
 three days, owing to the difference of the pilots, who received the 
 proceeds of the pilotage collectively, and felt indifferent when they 
 performed their duty individually. 
 
 " Furthermore, it is our firm conviction that if said act, which 
 operates so favorably upon the mercantile interest, be repealed, the 
 system of pilotage to and from this port, will surely revert to the 
 state in which it was, antecedent to said act." 
 
 D. A Remonstrance against the repeal of the Act of 2d March, 
 1837, signed by 700 merchants, and 900 other citizens of New 
 York, and dated, May 7, 1840, has the following : 
 
 " Your remonstrants, &c., that their interests, to a considerable 
 extent, are involved in a matter of this description which so nearly 
 concerns them." Then after adverting to the abuses and com- 
 plaints that had existed previous to the passage of this law, they 
 proceed : " Your remonstrants further represent, that since' the 
 passage of the said Act of 1837, the wants of commerce have been 
 subserved, and every desirable result which was expected to arise 
 from throwing open the system to a healthy spirit of competition, 
 more in character with our republican institutions, has been abun- 
 
30 
 
 dantly realized : that while the restrictions previously imposed, 
 presented some of the most odious features of a monopoly, and se- 
 cured to a limited number of individuals the entire emoluments 
 derived from a lucrative pursuit, many useful, capable and worthy 
 men, with large families dependent on their exertions, bred from 
 childhood on these waters, whose knowledge was the fruit of prac- 
 tical experience, and who were animated with a disposition to enter 
 into this business, were excluded. 
 
 "It was this obnoxious feature in the system which the law (of 
 1837) removed, and which it is the object of the application for the 
 repeal of it, to restore. No objection has been urged against those 
 now engaged in the piloting of vessels, in and about the port of New 
 York ; on the contrary the voice of public opinion has been prompt 
 to award the meed of commendation," &c. 
 
 These extracts are sufficient to shew the feelings and wishes 
 of those for whose protection a system of pilot laws should be 
 framed. 
 
 An effort was made by the pilots of New York at the session of 
 Congress next after the passage of the law of 2d March, 1837, to 
 effect its repeal. In the Senate, the Committee on Commerce, 
 Mr. Davis, Chairman, reported unfavorably to the repeal. The 
 concluding paragraph of that report, seems to contain a correct 
 view of the case. It is this : 
 
 u Believing therefore that, on the whole, the pilots of New York 
 will not be in great danger of suffering from the skill of the New 
 Jersey Pilots, if the latter know as little of their duty as the former 
 represent, and believing also that if the law has thrown matters a 
 little out of adjustment, they will soon so regulate themselves that 
 each individual will find a place that he will have little occasion to 
 complain of, the committee have come to the conclusion to recom- 
 mend to the consideration of the Senate the following resolution : 
 
 "Resolved, That, in the present state of things, the Senate sees 
 no occasion to legislate upon this subject." 
 
31 
 
 
 
 V. That it may be seen, in conclusion, that the complaints raised 
 by the New York pilots, against the irresponsibility and freedom 
 from salutary restrictions of the New Jersey pilots, are groundless ; 
 and that there i's at least as great security in the laws under which 
 the latter act, for a continuance of that efficiency and faithfulness, 
 which I think they have already been proved to have manifested, as 
 there is in the enactments and provisions of the New York laws in 
 reference to New York pilots ; I have here made an Abstract of 
 the principal safeguards proposed by those laws. 
 
 First. The competence and efficiency of the Commissioners of 
 Pilotage, is at least as wel) secured in New Jersey as in New York. 
 
 In either State they are appointed by the Governor and superior 
 branch of the Legislature. Pilot Acts of N. J. Sect. 1, of N. Y. 
 Sect. 2. Their number is to consist of five in New York, and 
 seven in New Jersey. ib. In both States, their duties are clearly 
 specified by law, and their authority is amply sanctioned. In both 
 States carefulness in the examination of candidates for license of 
 pilotage, and in the supervision to be exercised over the conduct 
 and capacity of pilots, is rigorously enjoined. In neither State 
 may they have any interest in the pilotage business ; in both States 
 they have the superintendence of the pilots' charges, and to them 
 are the pilots to render account of all fees taken for pilotage. The 
 duty of holding an annual examination of the apprentices of pilots 
 is enjoined on the New Jersey Commissioners, but not on those of 
 the sister State. Due power is given to the Commissioners of either 
 State to cite delinquent pilots before them, and punish them for ne- 
 glect or misconduct, by fine, or a suspension or abrogation of their 
 licenses. 
 
 But besides the legal provisions intended to secure the efficiency 
 of the Commissioners of Pilotage in New Jersey, as well as in New 
 York, the actual Commissioners of Pilotage in the former State, 
 have thus far, in point of fact, been as well selected for competency 
 and energy in the discharge of their appropriate duties, as they have, 
 or could have been in New York. I believe that every individual 
 of the seven Commissioners of Pilotage in New Jersey, is not only 
 
32 
 
 well, but eminently accomplished to sustain and discharge the duties 
 which his station imposes. Who are they ? What are they ? Are 
 they lady-fingered, fresh-water gentry, totally unacquainted with the 
 sea, and the sea-coast, and harbors in the vicinity of New York ? 
 Let us see. Two of them are officers of our Navy, in actual com- 
 mand ; one served for many years as an officer in the navy ; the 
 four remaining Commissioners are old experienced masters of ves- 
 sels in the merchant service, and as well acquainted with every 
 rock, and bar, and hole in the harbor of New York and vicinity, as 
 it is possible for men to be. Are these incompetent men ? Flave 
 they been inefficient men ? The answer to these questions we 
 hope has already been seen in the promptness, skill and faithfulness 
 of the pilots under their care, which has been evinced in the course 
 of this statement. 
 
 I shall now endeavor to show, 
 
 Secondly, That the Pilots of New Jersey are subject to as severe 
 regulations and penalties as those of New York, 
 
 1. As to their qualifications and license. 
 
 By the N. Y. Statute of 1837, the Commissioners were to li- 
 cense all such persons then licensed, as they might deem compe- 
 tent after examination, and also every other person of full age and 
 good moral character making application therefor, giving a prefer- 
 ence to such as have served three years as an apprentice to a li- 
 censed pilot. Sect. 7. The applicant is to be examined in the 
 presence and with the assistance of one or more licensed pilots 
 (provided they attend,) touching his qualifications for the office of 
 pilot, particularly his knowledge of the sailing and management of a 
 square-rigged vessel, and also touching his knowledge of the tides, 
 soundings, bearings and distances of the several shoals, rocks, bars, 
 and points of land, and night-lights in the navigation for which he 
 applies for a license to act as a pilot. Sect. 14. The pilot must 
 also enter into recognizance of $250, for the diligent and faithful 
 discharge of his duties. Sect. 18. 
 
33 
 
 By the N. J. Statute of 1837, the Commissioners were author- 
 ized to license, at their discretion, any person to act as branch pilot, 
 c., after due examination, and after inquiries made respecting his 
 character and qualifications, (Sect. 1,) giving the preference as a 
 right, to apprentices who have served four years with a licensed pi- 
 lot. Sect. 19. The applicant is to be examined in presence, and 
 \vith the assistance of one or more pilots, (provided they attend,) 
 touching his qualifications for such employment, and particularly 
 touching his knowledge of the tides, soundings, bearings, and dis- 
 tances of the several shoals, rocks, bars', and points of land, in the 
 navigation for which he applies for license to act as a pilot. Sect. 5. 
 The pilot must also give security for $500 for the faithful discharge 
 of his duties, (Sect. 4,) and must also be sworn well and faithfully, 
 according to the best of his skill and knowledge, to execute and 
 discharge the business and duty of a pilot, and at all times to use his 
 best endeavors to repair on board all ships and vessels, &c., and 
 make the best dispatch to bring safely over the bar of Sandy Hook, 
 &c., &c., and at all times truly observe, &.C., the directions of the 
 Commissioners, &c., and that he will not be co-partner with more, 
 &c., in any way. Sect. 3. In addition to the examination above 
 required, every apprentice must be annually examined by the Com- 
 missioners, with the assistance of two or more pilots, (who are re- 
 quired to attend for that purpose,) touching and concerning their 
 knowledge of the tides, bearing and distances of the several shoals, 
 reefs, bars, and points of land, currents, and every other matter the 
 Commissioners think proper, tending to promote the safe navigation 
 of vessels between Jersey City, Newark, P^erth Amboy, and Sandy 
 Hook. 
 
 By both Statutes, every pilot-boat is bound to have at least two 
 apprentices and by the N. J. Stat. they shall be indented to a li- 
 censed pilot for a term not less than four years be diligently taught 
 the mystery, &.C., and frequently (once a month, for the last two 
 years) be taken on board ships or other square-rigged vessels, for 
 the purpose of learning, &c. ; and as an incentive to the employ- 
 ment of apprentices shall be employed in the pilot service to and 
 from Sandy Hook. vid. N. J. Act. Sect's. 19, 20. 
 5 
 
34 
 
 Such are the safeguards which the respective laws provide 
 against the admission of incompetent men. What in the next place, 
 are the restrictions and penalties to which they are subject after en- 
 tering upon their duties ? 
 
 IN NEW YORK. 
 
 1. The Commissioners may suspend 
 any pilot license for any time they think 
 proper ; and revoke and annul the same, 
 on proof of negligence or en--- 
 wilful dereliction of duty, or 
 any provisions of the act, or disobedience 
 to the regulation of the Commissioners. 
 See. 10. 
 
 2. For losing a vessel negligently or 
 careless, by due conviction he shall be 
 deprived of his license, and be forever in- 
 capable of acting as pilot in this State; 
 and if he run a vessel aground, he shall 
 not be entitled to pilotage. Sect. 19. 
 
 3- If a vessel bound for New York be 
 lost within fifty miles of Sandy Hook, 
 and has been within sight of the light- 
 house, and no pilot shall have offered to 
 board said vessel, the Commissioners 
 shall inquire if there has been fault or ne- 
 gligence; and if so the person guilty shall 
 be suspended from his pilotage, or dis- 
 placed. Sect. 38. 
 
 4. Pilots arc required to keep a journal, 
 Ac. Sect. 25. 
 
 '>. They are required to heave the lead 
 regularly, and see that the lead-line be 
 properly marked. Regulation of Corn's. 
 
 IN NEW JERSEY. 
 
 1. The Commissioners on due proof of 
 misbehavior of a pilot when on duty may 
 fine or suspend him. Sect. 8. 
 
 They may take his license away and 
 it void on his wilfully infringing or 
 violating the Statute; or the orders of the 
 Commissioners, or in negligently and care- 
 lessly losing any vessel under his care; or 
 if he be laboring under mental derange- 
 ment; or be so addicted to habits of intox- 
 ication as to be unfit to be intrusted with 
 the charge of a vessel. Sect. 7. 
 
 2. For losing vessel negligently or care- 
 lessly, he shall be forever incapable of act- 
 ing as pilot or deputy pilot in this state. 
 and shall be liable, by action at common 
 law, to pay all damages sustained ; and if 
 he run a vessel on shore, he shall not 
 be entitled to any pilotage; and shall be li- 
 able for damages, if he were negligent. 
 Sect. 11. 
 
 3. If a pilot or deputy pilot see a vessel 
 on the coast having a signal for a pilot, or 
 shall hear a gun fired off the coast, and 
 shall refuse to go to the assistance of such 
 vessel, he shall be fined $100 and on con- 
 viction, may be rendered incapable of act- 
 ing as pilot, by the Commissioner?. Sent. 
 9. Every pilot cruising or standing out to 
 sea shall offer his services first to the ves- 
 sel, nearest the land, or in most distress 
 and on refusal to go on board a vessel, 
 when required by the masier thereof, he 
 shall forfeit $100, and be liable to suspen- 
 sion. Sect. 10. 
 
 4. Pilots required by the regulations of the 
 Commissioners to keep a journal, &c. 
 
 5. They are required to heave the lead 
 regularly, and to see that the lead-line is 
 properly marked. Sect. 21. 
 
35 
 
 6. Every pilot in charge of a Vessel, be- 6. Every pilot in charge of a vessel, be- 
 coming intoxicated shall not be entitled coming intoxicated shall for the first of- 
 to any pilotage for the voyage and shall fence, lose his pilotage and be suspended 
 be suspended for six mouths. for six months, and forfeit fifty dollars; for 
 
 the second offence he shall be deprived of 
 his license, and be forever incapable of act- 
 ing as pilot. Sect. 23. 
 
 7. There shall be no partnership be- 7. Only twelve pilots may be in partner- 
 tween different boats. Supplement. ship together. Sec. 12, & Sup't. 
 
 It is to be observed that by the New York law a preference is 
 to be given to the pilot who brought a vessel into port to take her 
 out : though the outward rates have been somewhat, reduced. 
 
 Such are the legal restrictions imposed on the pilots, by the res- 
 pective laws of New York and New Jersey, besides the general 
 supervision and control of the Commissioners of pilotage, which is 
 the same in both State.s. 
 
 I now ask any candid reader, is there less security, in the pro- 
 visions of law, for the competency and faithfulness of pilots, in 
 New Jersey, than in New York ? 
 
 In conclusion, I think these points have, now, been clearly es- 
 tablished : 
 
 First, That the pilotage system of New York previous to 1837, 
 was very defective and inadequate to the necessities of the port : 
 
 Secondly, That since that time there has been a great change for 
 the better ; and that that change is to be attributed in a great mea- 
 sure to the competition of the Jersey pilots ; and 
 
 Thirdly, That the general good requires that competition to be 
 continued, and left unrestrained. . 
 
A p r E r\ D i x . 
 
 A. 
 
 UNITED STATES OF A.MERICA, ) 
 
 State of New York. )*' 
 
 By this Public Instrument be it known to all whom the same 
 doth or may in any wise concern, that I, CALEB S. WOODHULL, a 
 Public Notary in and for the State of New York, by Letters Pa- 
 tent, under the Great Seal of the said State, duly commissioned and 
 sworn, dwelling in the city of New York, do hereby certify that the 
 annexed is a true copy of the original Protest, on file in my office. 
 
 In testimony whereof, I have subscribed my name, and caused 
 my Notarial Seal of Office to be hereunto affixed, the seventeenth 
 day of December, in the year of our Lord, one thousand eight 
 hundred and thirty-six. 
 
 C. S. WOODHULL, Public Notary. 
 
 UNITED STATES OF AMERICA. 
 
 STATE OF NEW YORK, ) 
 
 / S c 
 
 City of New York. $ 
 
 By this Public Instrument of Protest, be it known and made 
 manifest unto all to whom these presents shall come or may in any 
 wise concern, that on the twenty-second day of November, in the 
 year of our Lord one thousand eight hundred and thirty-six, before 
 me, Oliver Denton, a Justice of the Peace, in and for the County 
 of Queens, in the State of New Y'ork, duly commissioned and 
 sworn, residing in said county, personally came and appeared 
 Alexander McKown, master of the ship or vessel called the Bristol, 
 
38 
 
 end duly noted his protest : ami now, on this day, to wit, the first 
 day of December, in the year aforementioned, before me, a public 
 Notary, in and for said State of New York, again came and ap- 
 peared the above named Alexander McKown, together with Wil- 
 'liam Tapscott, first mate, and James Malone, second mate, William 
 Alfred Baker, James Braddock, Henry Owens, Samuel Kilburn, 
 and John Bacon, seamen of the said vessel ; all of whom being by 
 me duly sworn according to law, severally deposed and declared, as 
 follows, viz: That they sailed in their above respective capacities 
 in and with the said vessel from Liverpool, in England, on the fif- 
 teenth day of October last, having on board a cargo consisting of 
 railroad iron, wheat, steel, copper, hardware and other merchan- 
 dise, bound for the port of New York ; that the said vessel was 
 then tight-staunch, and strong, as well above as below ; well manned, 
 victualled, tackled, and apparelled ; fit for merchant service, and 
 had her cargo properly stowed and secured : that they proceeded 
 on the voyage with variable winds and weather, making and short- 
 ening sail as occasion required, and without any remarkable occur- 
 rence, until Sunday, the twentieth day of November last, past, on 
 that day arrived off the coast, by observation at noon, in latitude 
 -dO 45, longitude 73 19 ; the weather being on that day remarkably 
 pleasant and clear with a fine breeze from the south-east and smooth 
 water. At 5 o'clock P. M., anxiously looking out for land, took 
 in all the studding-sails, at seven o'clock sounding in fourteen 
 fathoms water, and saw the land bearing north-west, distant eight 
 miles, then steered north-north-east. Jit half-past eight o'clock saw 
 the Highland lights bearing north-west six leagues, got both anchors 
 off the gunnel and ranged the cables overhauled; at ten o'clock, 
 took in royal-fore and mizzen top-gallant sails, and hoisted a light 
 for the pilot on the fore-top gallant yard ; at 'half-past ten o'clock, 
 hauled the courses up and rounded too, with mizzen top-sail to the 
 mast, ship heading' to the eastward, Highland lights bearing west- 
 north-west seven miles ; Monday, twenty-first, at half-past one A. 
 M., seeing no prospect of getting a pilot, filled away and stood to 
 the eastward, the Highland lights west by north nine miles, fhe 
 weather setting in thick and rainy and wind increasing took in main 
 
39 
 
 top-gallant sail and single reefed main top-sail, the ship then being 
 under the top-sails, jib and spencer spanker furled that the ship 
 might be easier managed, she then laying up east-north-east, con- 
 stantly kept the lead going, and at 3 A. M. sounded in twelve fa- 
 thoms water ; at 3 o'clock and thirty minutes, sounded in ten and a 
 half fathoms ; at three hours and forty minutes sounded ten fathoms ; 
 at three o'clock forty-five minutes sounded in five fathoms, instant- 
 ly put the helm hard up, but ship struck immediately squared the 
 after yards as quick as possible, but the wind blowing heavy, ship 
 wore round, head to the north-west, struck heavily twice and 
 knocked off the rudder, then instantly clewed up the main and miz- 
 zen top-sails, but all to no purpose ; a heavy sea running and heav- 
 ing the ship on shore, and the wind blowing a gale on land, all 
 efforts to get off proved fruitless the gale still increasing, and the 
 sea also increasing and constantly making a complete breach over 
 her decks, and the ship at the same time constantly striking heavy and 
 driving on shore. In about three-quarters of an hour after she first 
 grounded, a tremendous sea struck her, which bilged and filled her 
 immediately and swept away every thing from her decks. From 
 this time the ship was fast becoming a perfect wreck, and all human 
 efiorts for the preservation of the ship or cargo were hopeless. 
 
 Ship struck land and was lost on Rockaway Beach, on the south 
 side of Long Island, in the town of Hempstead. And the said 
 master, desirous of giving every degree of satisfaction in his power 
 to all persons concerned or any ways interested in said vessel and 
 her cargo before mentioned, hath, together with the other mention- 
 ed appearants, before me, in due form of law, protested, and I, the 
 said Public Notary, at the instance and request of the said master, 
 do hereby also on the foregoing premises publicly and most 
 solemnly protest against the heavy gales of wind, high seas, and vi- 
 olent weather aforementioned, as the sole cause of the accidents, 
 losses and disasters as before stated ; and also against all and every 
 other matter and thing w-batsoever had and met with as aforesaid, 
 for all loss, costs, charges, damages, delays, injury, detriment, 
 and expenses, which already have or hereafter may happen or ac- 
 crue to the owners, freighters, shippers, insurers, and others con- 
 
40 
 
 cerned or interested in said vessel and cargo, or either of them, or 
 in any part or parts thereof, by reason and means aforesaid. 
 
 Thus done and protested, at the city of New York, agreeably to 
 
 the mercantile law : in faith and testimony whereof, as 
 
 well the said appearants as I the said Public Notary, have 
 
 [L. S.] subscribed these presents, and I have hereunto affixed 
 
 my seal of office. 
 
 CALEB S. WOODHULL, Notary Public. 
 
 ALEXANDER McKowN. 
 WILLIAM TAPSCOTT. 
 
 his 
 
 JAMES ^ MALONE. 
 
 mark. 
 
 WILLIAM ALFRED BAKER. 
 
 his 
 
 JAMES ^ BRADDOCK. 
 
 mark, 
 his 
 
 HENRY j^ OWENS. 
 
 mark, 
 his 
 
 SAMUEL ><< KILBURN. 
 
 mark. 
 
 JOHN BACON. 
 
 B. 
 
 The number of New Jersey Pilots is 15. Of these, 12 have 
 been masters of vessels. They have 2 boats cruising outside, and 
 a stationary boat at the Bar of Sandy Hook, to take off outward 
 Pilots, c. They have 4 apprentices. 
 
 They had piloted, between their appointment in 1837, and 
 February, 1840, 2116 vessels, without damage or loss. 
 
THE FOLLOWING MEMORIALS FORWARDED TO CONGRESS, 
 
 JANUAET, 1846 and 1847, 
 
 MEMORIAL. 
 
 To the Honorable the Senate and House oj Representatives in 
 Congress assembled : 
 
 The undersigned, on behalf of the respective Marine Insurance 
 Companies of this city, as designated below, beg leave respectfully 
 to represent 
 
 That they have perused the memorial of the pilots of New York 
 to your honorable bodies, praying for the repeal or modification of 
 the Act of Congress of March, 1837, concerning pilots, and feeling 
 of necessity a deep interest in this important subject, ask leave res- 
 pectfully but earnestly to call the attention of Congress to the fol- 
 lowing exposition of their views, and of a few leading facts in reply 
 to said memorial, and in opposition to its prayer. 
 
 That memorial alludes to the Act of 1537 of this State, and says 
 that " by its enactments all the freedom and competition desirable 
 or consistent with a due regard to the lives and property of their 
 fellow-citizens were secured, and the objections in this respect 
 which were urged at a former period were removed," and it then 
 recites the Act of Congress passed in March of the same year. 
 
 Your memorialists are apprehensive that the inference may be 
 drawn from this mode of refering to the law of this State, and to 
 that of Congress, that the former preceded the latter, and by its 
 liberal provisions left no necessity for the interference of Congress, 
 
V 
 
 42 
 
 whereas the fact, to which we desire to call the attention of your 
 honorable bodies, is that the Act of this State thus alluded to was 
 not passed until the 12th of April, 1837, and of course after, and as 
 your memorialists contend, in consequence of the Act of Congress, 
 of 2d of March preceding. 
 
 As regards the allusion in the pilots' memorial to the excitement 
 occasioned by the destruction of lives and property by the loss of 
 the ships Bristol and iMexico, your memorialists have only to say 
 that these disasters tended to render still more manifest the errors and 
 the dangers of the previous system, which degenerating into a mo- 
 nopoly prevented that competition and consequent stimulus to exer- 
 tion which alone can provide adequate security for the important 
 interests at stake. 
 
 Your memorialists admit with pleasure, as stated in the pilots' 
 memorial, that under the Act of Congress a Board of Pilot Com- 
 missioners has been established by the State of New Jersey, and 
 to the competition thence arising we are indebted for that important 
 and beneficial change in our system, which finds our pilots fifty 
 miles from land, tendering their services to vessels arriving off our 
 port, whereas under former management without competition in the 
 service performed under regulations of their own, with none to in- 
 terfere, vessels entering our harbor were left to find their pilots long 
 after the pilots should have performed their obvious duty of board- 
 ing the vessels before their near approach to danger. 
 
 To show the relative number of pilots belonging to New York 
 and to New Jersey respectively, and to prove conclusively the 
 value and necessity of the competition which the law of Congress 
 introduced, we beg leave to exhibit the accompanying statement 
 of facts. 
 
 By a statement prepared by a Committee of the Chamber of 
 Commerce in 1845, to be laid before the Legislature of this State, 
 it appeared that the New York pilots were then 81 in number, with 
 13 pilot boats that the New Jersey pilots were then 17 in num- 
 ber, with 3 pilot boats. And the following facts were taken from 
 
43 
 
 the bills of pilotage of a few of our principal shipping houses, pre- 
 senting a striking contrast between the present and the old mono- 
 poly system as it existed prior to 1837, when the Act of Congress 
 created the competition : 
 
 Of 123 inward pilotages in 1835 and '36, 115 were in shore. 
 
 and 8 " offshore. 
 
 Of 129 inward pilotages in 1843 and '44, 16 were in shore. 
 
 and 113 " offshore. 
 
 By offshore is meant such a distance from Sandy Hook that the 
 light house cannot be seen from a vessel's deck in fair weather, 
 (about 12 to 15 miles.) In shore means within this distance of 
 Sandy Hook. By the return of the Commissioners of the New 
 York pilots for the same year 1844, it appears that with 81 pilots 
 and 13 boats, they brought in 1992 vessels, and took out 1610 ; 
 total 3602, equal to 277 for each boat, and 44.^ for each pilot. By 
 the returns of the Commissioners of the New Jersey pilots, it ap- 
 jieais that with 17 pilots and 3 boats, they brought in 563 vessels, 
 and took out 563 ; total 1131, equal to 377 for each boat, and 67 
 for each pilot. All which plainly proves the good effects of the 
 operation of the Act of Congress upon the pilot service of our port. 
 
 The official returns of the New Jersey Board of Commissioners 
 for 1845, are as follows : 
 
 There are now 17 Branch Pilots. 
 
 6 Deputy " 
 
 23 with four boats during the year, 590 
 
 vessels have been brought in, and 522 vessels taken out ; total 1112. 
 About nine-tenths of which have been boarded at sea, out of sight 
 of Sandy Hook. 
 
 The official returns of the new Pilot Board of this city, estab- 
 lished in June last, after the repeal of the State laws of New York, 
 are as follows : 
 
 There are 3 branch pilots, and 13 deputy pilots, and 2 pilot 
 boats. 
 
 They have brought in 62 vessels, and taken out 123, and of the 
 62 vessels brought in, 58 were boarded out of sight of Sandy Hook. 
 
44 
 
 The memorial of the pilots represents " that the petition to the 
 House of Representatives in 1842, asking for a law of Congress 
 regulating the pilotage of steamboats on the Mississippi and Ohio 
 Rivers, was referred to the Committee on Commerce, who report- 
 ed in favor of leaving the subject to the Legislatures of the States 
 whose power was ample, and who had access to that local informa- 
 tion which was essential to enlightened legislation." Your memo- 
 rialists respectfully contend that the cases are in no respect anala- 
 gous. To regulate the pilotage on the Mississippi and Ohio, as 
 asked for in that petition, would be to restrict the rights of the 
 Stales ; whereas the Act of Congress of 1837 confirms and extends 
 their rights. The for.mer would be an interference with the regu- 
 lations of the States as to the pilotage on their own rivers in the in- 
 terior, whereas the latter relates only to the foreign and coastwise 
 commerce of the country, and intei feres with State regulations no 
 farther than to allow the master of any vessel entering or leaving any 
 port situate on waters that are the boundary between two States, to 
 employ any pilot duly authorized by the laws of either State. 
 
 The memorial of the pilots further represents, that there exists 
 at this time no law of the State of New York for the government of 
 the pilot service within the jurisdiction of the State, the same hav- 
 ing been repealed. 
 
 Your memorialists reply that our State laws respecting pilots and 
 pilotage *' by the way of Sandy Hook," have indeed been repealed, 
 although the State retains its authority and continues its regulations 
 respecting pilotage in its own waters through Hurl Gate, but these 
 laws were so repealed at the instance of the pilots 'themselves. 
 
 In their petition to our Legislature they claimed that either the 
 law of Congress should be repealed and all the pilots of the port 
 subjected alike to the provisions and restrictions of the State law, 
 or that the restrictions of the State law shall be removed from them, 
 and they left like the pilots who carry the licenses of other States 
 under the simple enactments of the law of Congress." Their re- 
 quest was granted, and now in their memorial to Congress they 
 
45 
 
 urge " that farther legislation is necessary for the protection of 
 their rights and the interests of the public, and that this necessity is 
 rendered evident from the fact that a self-constituted body of indi- 
 viduals in this city have organized themselves as a Board of Pilot 
 Commissioners." 
 
 Your memorialists, together with the merchants of our city large- 
 ly interested in the commerce of New York, feeling great uneasi- 
 ness for the consequences to be apprehended, from the entire repeal 
 by our Stale of all laws on this subject proceeded immediately to 
 the selection of competent persons for the purpose of examining the 
 qualifications of applicants and issuing certificates to them accord- 
 ingly, in order to provide at once for the appointment of a sufficient 
 number of competent pilots, because there was no law to regulate 
 the subject. The pilots of New York were at once, and as a mat- 
 ter of course, invited to co-operate with the Board for this object ; 
 and every pilot previously licensed by existing State laws was sub- 
 jected to no examination ; such a license was all that was required 
 to entitle him to receive a certificate from this Board which had 
 been constituted solely to provide for the emergency occasioned by 
 the repeal of the laws of the State. 
 
 The pilots, however, rejected all overtures, and it appeared that 
 nothing would satisfy them but the exclusion of the New Jersey 
 pilots, or the repeal of the law of Congress. 
 
 Your memorialists desire on this occasion explicitly to assure 
 your honorable bodies, that they neither deny the competency nor 
 are disposed to undervalue the merit, nor do they wish in any res- 
 pect to interfere with the interests or limit the employment of the 
 New York pilots. On the contrary, the undersigned desire, that 
 the skill and character of that most useful and valuable class of 
 citizens should become identified with the interests and reputation of 
 our port. But it is against the old system of the pilot service 
 which degenerated into a monopoly and which would produce the 
 same results in any hands, that your memorialists protested before, 
 and it is against the return of all its evils and errors and dangers 
 that they now earnestly and solemnly beg leave to protest again. 
 
46 
 
 Healthful competition has induced vigilance and exertion on the 
 part of the pilots, and secured adequate protection to commerce, 
 and there is employment for all whose skill and industry qualify 
 them for their duties. 
 
 In furtherance, therefore, of the permanent security and best in- 
 terests of the trade and commerce of our port, your memorialists 
 respectfully entreat of your honorable bodies that the Act of Con- 
 gress of 2d March, 1837, may not be repealed, but allowed to re- 
 main in full force and virtue. 
 
 NEW YORK, January 10th, 1846. 
 
 GENERAL MUTUAL INSURANCE COMPANY, 
 
 By ABRAHAM OGDEN, President. 
 
 ATLANTIC MUTUAL INSURANCE COMPANY, 
 
 By WALTER R. JONES, President. 
 
 ALLIANCE MUTUAL INSURANCE COMPANY, 
 
 By JAMES D. P. OGDEN, President. 
 
 SUN MUTUAL INSURANCE COMPANY, 
 
 By A. B. NEILSON, President. 
 
 3IERCANTILE MUTUAL INSURANCE COMPANY, 
 
 By LEWIS GREGORY, Vice President. 
 
 PELICAN MUTUAL INSURANCE COMPANY, 
 
 By S. BALDWIN, President. 
 
 MUTUAL SAFETY INSURANCE COMPANY, 
 
 By ZKBEDEE COOK, President. 
 
MEMORIAL. 
 
 To the Honorable the Senate and House of Representatives of ttit 
 United States of America, in Congress assembled : 
 
 The undersigned, in behalf of the Marine Insurance Companies 
 of the city of New York, designated below, having been informed 
 of the renewed application of the pilots of New York, for a repeal 
 or modification of the Act of Congress of 2d March, 1S87, (which 
 gives the liberty of employing any pilot licensed or authorized by 
 the laws either of this State or of the State of New Jersey, to pilot 
 vessels to and from this port,) beg leave to refer to their Memorial 
 on this subject, dated 10th January, 1846, presented at the last ses- 
 sion of Congress, and also further to represent 
 
 That the repeal of the Act of 1837, will not be in accordance 
 with the concurrent resolutions of the Legislature of this State, 
 adopted in March and April, 1846. Fly these resolutions, the pas- 
 sage of a law was recommended regulating and establishing the pilot 
 system of the United States upon equitable and proper principles, 
 securing to the citizens of each State their just rights, and also secu- 
 ring proper competition in the business of piloting and by a board 
 of examination requiring similar qualifications in all pilots : and if 
 this could not be effected, then recommending the passage of a law 
 giving to each State the power to pass laws for the appointment and 
 regulation of pilots. 
 
 That your memorialists are convinced by observation of its effects 
 for many years, that a liberal competition in the business of piloting 
 is essential to the proper conducting of the business, and by far more 
 important than any special regulations in regard to it. 
 
48 
 
 Although not informed of the particular modifications contempla- 
 ted, your memorialists have reason to apprehend that the design is 
 to repress or prevent the active competition which has sprung up 
 since the Act of 1837 \vas passed. Upon this subject your memo- 
 rialists observe, that the pilots are the most needed at the times 
 when it is the most hazardous, difficult, and laborious for them to 
 leave their harbors or be at sea : and there is too little to stimulate 
 them in the performance of their most important and difficult duties, 
 when they meet with no competition, except from a limited number 
 of persons (who consort together, become messmates and friends, 
 and readily agree not to compete with each other,) deriving their 
 appointment from the same source. 
 
 The laws of this State prior to 1837, were such as clearly to dis- 
 courage competition. They practically confined the business of 
 pilotage to a limited number, and facilitated combinations between 
 them. As a consequence, the pilots failed to discharge their high- 
 est and most difficult duties they became negligent, inattentive and 
 inefficient would go out to meet vessels but a short distance from 
 the land even in mild weather, and in storms, when most needed, 
 would remain in harbor : vessels from distant voyages, unacquainted 
 with and not daring to approach near the coast, would wait many 
 days without seeing a pilot. After some most disastrous wrecks, a 
 public investigation was had. The Grand Jury of our city declared 
 41 without exception the testimony of every merchant and shipmaster 
 examined by them was such as to reflect great discredit on the 
 activity of the pilots of this port, as compared with the pilots of any 
 other port of our own coast, as well as the ports of Europe " and 
 that it seemed to be " the inevitable result of a system which selected 
 so small a number for so great a work, and which secured to them 
 by legislative provisions, of the strictest character, the exclusive 
 enjoyment of these offices." 
 
 Notwithstanding the serious delays and the many alarming disas- 
 ters which repeatedly occurred, and these public investigations, no 
 effectual relief was obtained, except by the Act of 1837 now sought 
 to be repealed. 
 
49 
 
 % 
 
 That act, in the judgment of your memorialists, has greatly pro- 
 moted the best interests of commerce, and lias caused the duties of 
 pilots to be performed with zeal, courage and perseverance. A far 
 greater competition has existed. Pilots from both Slates have vied 
 with each other in the distance at which they have boarded approach- 
 ing vessels, and in the labor and hazard which they have encountered 
 to relieve them. And it is worthy of remark, that in the accidents 
 that have since happened, the new competitors have had the least 
 share. They have even been preferred for their skill and prudence. 
 
 JJ 
 
 Your memorialists apprehend that if ihe law be repealed, the old 
 
 system will gradually be revived and they therefore most earnestly 
 represent, that a repeal of that Act is altogether uncalled for, and 
 that any modification of it tending to discourage competition would 
 be unwise, impolitic, detrimental to the great interests of commerce 
 which it is alike the wish of your memorialists and the duty of Con- 
 gress to protect. And as to giving the States power to pass laws 
 for the appointment and regulation of pilots, (according to the alter- 
 native recommended by our own State Legislature,) your memorial- 
 ists apprehend that no such provision is necessary. The 4th section 
 of the Act of Congress of 7th of August, 17S9, giving that power 
 and remaining in force, modified only by the Act of 1837, which in 
 itself is limited in its operation to pilots "licensed or authorized " 
 under State laws. And your memorialists submit that the principle 
 of the Act of 1837, giving to citizens of adjoining States, acting 
 under their own State laws, the same right in respect to a matter 
 recognized ever since the adoption of the Constitution as relating to 
 commerce, and as being within the control of Congress, cannot be 
 repealed without infringing upon the principle by which the cilizens 
 of each State are entitled to privileges and immunities of citizens in 
 the several States. 
 
 Instead of adding more restrictions or discouragements to compe- 
 tition, if any change should be made it should be, as your memorialists 
 conceive", in an opposite direction, and without regarding State lines, 
 
 7 
 
60 
 
 should give more encouragement and increased incentives to indi- 
 vidual enterprise and ambition. 
 
 Your memorialists therefore respectfully remonstrate against any 
 repeal of the Act of 1837, and against any modification of it in the 
 manner apprehended. 
 
 NEW YORK, January, 1847. 
 
 ALLIANCE MUTUAL INSURANCE COMPANY, 
 
 By JACOB HAHVEY, Aes't President. 
 
 ATLANTIC; MUTUAL INSURANCE COMPANY, 
 
 By WALTER R. JONES, President. 
 
 GENERAL MUTUAL INSURANCE COMPANY, 
 
 By N. G. RCTGKBS, Prfiideiit. 
 
 PELICAN MUTUAL INSURANCE COMPANY, 
 
 By S. BALDWIN, President. 
 
 MUTUAL SAFETY INSURANCE COMPANY, 
 
 By ZEBEDEE COOK, President. 
 
 SUN" MUTUAL INSURANCE COMPANY, 
 
 By ALFRED SETON, President. 
 
 NEW YORK INSURANCE COMPANY, 
 
 By BACHE McEvtas, President. 
 
 MERCANTILE MUTUAL INSURANCE COMPANY, 
 
 By JOSEPH WALKER, President. 
 
MEMORIAL. 
 
 TO THE HONORABLE THE SENATE AND ASSEMBLY OF THE PEOPLE, 
 OF THE STATE OF NEW-YORK. 
 
 The Memorial and Remonstrance oj the undersigned Insurance 
 Companies of the City of JVew- York, 
 
 RESPECTFULLY SHEWETH. 
 
 That they are largely interested in having ihe pilot 
 service of this port well discharged. From their liabilities for the 
 losses which occur by its deficiencies, their constant and close ob- 
 servation and experience, they conceive that they may be allowed 
 to claim for themselves a competency to form a just opinion on this 
 subject. And, after a full experience of the effects of the Act of 
 Congress of 1837, on the subject of pilotage, and a knowledge of 
 the previous defects of the pilot service, they declare that this Act 
 of Congress has operated most usefully, and they pray that the au- 
 thority of this state may not be put in use to defeat a system which 
 has worked so well. They the more urgently pray this, because 
 until that Act, not only was the pilot service of this port a matter of 
 notorious and just complaint, but appalling disasters were directly 
 traced to its deficiencies. Vessels were seldom boarded by pilots 
 until close in wiih ihe land : whereas under the influence of the Act 
 of Congress, large numbers of ships are boarded at outer stations 
 and cruising grounds, for which the more enterprising pilots derive 
 a large and adequate allowance, and the ships a corresponding safety 
 and advantage. Your memorialists humbly conceive that it is un- 
 reasonable to attempt now, after eight years have elapsed since the 
 settled public judgment lias stood as to the faults of the pilot service, 
 
52 
 
 to attempt to unsettle or disparage that judgment. While the disas- 
 ters above alluded to were recent, that judgment was formed : the 
 Government of the Union approved it, and, wisely considering the 
 source of the evil to be in the securing of employment to one class 
 of men irrespective of that competition which is in -all enterprises 
 the stimulus of exertion, Congress took away that cause of mischief ; 
 they removed the exclusion and widened the competition. 
 
 And your memorialists fearlessly urge as a decisive consideration 
 upon this question, that those who now navigate the ocean, whose 
 cargoes and ships are at risk, and those who, as underwriters, assume 
 the perils which pilotage is intended to lessen, are content with the 
 present system and deplore its alteration : whilst those, who by ex- 
 cluding others, would enhance their own profits and compel the 
 reliance upon such efforts only as they might choose to make, are 
 the only part ot the comrnuniiy who seek a change. If those who 
 need and receive services rendered under their own observation can 
 ever be trusted with knowing when and how they are best performed, 
 it seems to your memorialists, that they are to be trusted here: and 
 it is certain, that the mercantile and shipping interests of this city 
 are strongly averse to the repeal of the present law of Congress. 
 
 Until the recent communication of His Excellency, the Governor, 
 and the report of a Committee of the Senate, your memorialists had 
 not conceived it possible to question the power of Congress to enact 
 the law in question. 
 
 The right to regulate pilotage was claimed by the Act of Congress 
 of 1789, an act almost coiemporaneous with the Constitution itself, 
 and it is a sure index of its right of construction. And that a power 
 to legislate on pilotage is embraced in the power to regulate com- 
 merce your memorialists conceive to be too clear to be denied, and 
 indeed it is not. For pilotage is as much a part of the means of 
 commerce as seamen, almost as much as ships themselves. 
 
 If Congress have the power to regulate pilotage, then, according 
 to the doctrines established by the Federal Court and submitted to 
 
?: - 
 
 by the courts of this state in the steam boat controversy, the regu- 
 lation they do make, either by omission or direct leeislation, must 
 be conformed to by the states. The exercise of the power lies in 
 the wisdom and discretion of Congress : they are to determine how 
 far and in what cases its exercise is necessary. According as the 
 necessity of its exercise is general or local, the law will be general 
 or local ; and your memorialists cannot but express surprise at a law 
 of this kind being questioned, on the ground that it applies only to 
 particular localities where the waters of co-tenninous states unite. 
 Surely Congress may, if they think it wise, legislate for a single 
 port ; they may enact laws for light-houses, light-ships, beacons for 
 single ports ; may provide against obstructions in particular harbors, 
 and in the same way and for the same reason provide for the pilot 
 service of particular ports. Indeed the notion that a pilot law can- 
 not be valid unless it provide in a similar manner for the whole 
 Union, is, as they are advised, unfounded in any principle of law, is 
 contrary to the exigencies rendering pilotage necessary, which differ 
 greatly in different places ; and is in opposition to the constant 
 practice of the government. For that has hitherto permitted as 
 many different modes of pilot service as there were laws in different 
 states regulating it. If the legislation of Congress to be valid must 
 be uniform, then no differences could be allowed to exist under 
 different or varying state laws. The truth is, that if Congress have 
 power over the subject, it is contrary to all principles to question 
 the extent and mode of exercising the power which they adopt '. if 
 they have a right to make any law on the subject, they have a right 
 to say how- much law and what sort of law is proper. 
 
 Neither can the law in question be justly opposed as embracing 
 the principle that officers commissioned by one state may exercise 
 their functions in another. In no sense are pilots state officers. 
 They have no power or authority over the citizen or his property. 
 Nor is this principle at all applicable to this subject. Congress, in 
 the exercise of the power to regulate commerce, are to determine 
 how the pilotage of the country may be best performed. Without 
 any legislation by Coiisress, pilotage would be free and open to all. 
 
54 
 
 According to the principles of the steam-boat controvesy, what 
 Congress do not prohibit, remains open to the general freedom of 
 all to perform : and were it not for the Act of Congress of 1789, 
 the states could not legislate at all on the subject. Congress in act- 
 ing, must be supposed to have in view, such regulation as will supply 
 competent pilots in sufficient numbers. The determination of their 
 competency they might commit, either to officers of the General 
 Government or to locnl authorities in the states. Until 1837 this 
 was committed to the state authorities of each locality, without pro- 
 viding for the case of states co-terminous, with common waters. 
 In 1837 Congress merely say, that the authorities of New Jersey 
 are as competent to determine the fitness of pilots as those of New 
 York. If this power of determining the competency of pilots could 
 be delegated to the latter, by what rule may it not be to the former ? 
 If unwarranted as to either, it is as to both. 
 
 Congress having, in the exercise of its undeniable power, sanc- 
 tioned the fitness of the New Jersey authorities to license pilots 
 (and it is to be remembered that New Jersey has more sea coast 
 and more people living near the pilot grounds than New York, and 
 this fitness having been proved by a course of most useful and ac- 
 ceptable service, and having also called forth a most beneficial com- 
 petition from the New \ ork pilots, your memorialists deeply regret, 
 that for the mere profits of the pilots, for the taking of a part in the 
 struggle for business, the great state of New York should enter into 
 the field to make the struggle unequal. It is not for the profit, the 
 ease of gaining a living by one set of men rather than another that 
 legislation should be invoked. Against such partial legislation, we 
 have a right to protest as contrary to the principles of a republican 
 government, an invasion of equal rights and as so much direct op- 
 pression. 
 
 Your memorialists, humbly conceive, that experience of its prac- 
 tical effects is the true test of every system of regulations. And on 
 this experience of the system under the present Act of Congress 
 they repose their arguments. No complaints have been urged against 
 
00 
 
 this system by merchants, mariners or insurers : to the pilots of 
 New York alone, has the system been a subject of even pretended 
 grievance : and with the convenience of living at the city, and of 
 their alleged fitness and experience, they have every advantage which 
 they ought to possess in the struggle for employment. 
 
 Your memorialists therefore remonstrate against any part being 
 taken by the Legislature in the attempt to procure the repeal of the 
 Act of Congress of 1837. 
 
 Jlnd as in duty bound they icill ever pray, fyc. 
 NEW YORK, FEB. 20ih, 1845. 
 
 GENERAL MUTUAL INSURANCE COMPANY, 
 
 By ABRAHAM OCDEN, President. 
 
 ATLANTIC MUTUAL INSURANCE COMPANY, 
 
 By WALTER R. JONES, President. 
 
 JACKSON MARINE INSURANCE COMPANY, 
 
 By JUSTUS HABBISON, Vice- Pruident. 
 
 SUN MUTUAL INSURANCE COMPANY, 
 
 By ALFBED SETON, Vice- President. 
 
 NEW YORK INSURANCE COMPANY, 
 
 By BACHE McEvEas, President. 
 
 MUTUAL SAFETY INSURANCE COMPANY, 
 
 By ALFRED PELL, Vice- President. 
 
 ALLIANCE MUTUAL INSURANCE COMPANY. 
 
 By JACOB HABVEY, President. 
 
 MERCHANTS' MUTUAL INSURANCE COMPANY, 
 
 Ry WILLIAM NEILSOX, President 
 
 AMERICAN .MUTUAL INSURANCE COMPANY, 
 
 By PHILIP HOSE, President. 
 
 MERCANTILE MUTUAL INSURANCE COMPANY, 
 
 By LEWIS GREGORY, President. 
 
 CROTON MUTUAL INSURANCE COMPANY, 
 
 By JOSEPH B. NONES, Vice- President. 
 
THE LIBRARY 
 UNIVERSITY OF CALIFORNIA 
 
 Santa Barbara 
 
 THIS BOOK IS DUE ON THE LAST DATE 
 STAMPED BELOW. 
 
 Series 9482