Resolved, That the experience of the last two years has abundantly evinced the expediency of continuing in force the present Law of the U. States, regulating the conduct of the Pilots, especially as regards the Bay

and waters of this Port.

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Resolved, That the good effects of the Law in question have been signal. ly evinced by the remarkable difference between the number of disasters occurring in the vicinity previous to the passage of the Act, and those which have since taken place.

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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 1837, representations and serious complaints were made against the combinations and regulations which existed among the Pilots of this port, prejudicial to the service, whereby their exertions were diminished.

20 The proper order was reversed:-vessels wanting Pilots were obliged to wait for them, 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, occasioned 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 competition, 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 New Jersey, sailing out of this harbour with hardy and daring crews, defying the worst weather, were found cruising 50 to 100 miles outside of Sandy Hook, thus entirely hushing the plea made so frequently before on their part, that the weather off 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 approaching 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 6th May, 1840.

After adverting to the efforts made by the N. Y. Pilots to obtain a repeal of the laws, the memorial proceeds:

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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 that 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 nearly four feet more water than existed in the other channel. But the most important benefit resulting from the law is felt in the competition that has sprung up, and which contrasts so favorably with the injurious effects of the combination previously existing among 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 compelled to remain out. side Sandy Hook, in many instances, two or three days, owing to the indifference 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:

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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 complaints that had existed previous to the passage of this law, they proceed: Your remonstrants further re. present, 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 anise from throwing open the system to a healthy spirit of competition, more in character with our republican institutions, has been abundantly realized:~ that while the restrictions previously imposed, presented some of the most odious features of a monopoly, and secured to a limited number of individu

als 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 practical 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:

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 recommend 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."

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 is at least as great security in the laws under which the latter act, for a continu ance 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 well 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, cf 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 Commis

sioners, 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 neglect 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 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 command; one served for many years as an officer in the Navy; the four remaining Commissioners are old experienced masters of vessels 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 ? Have 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 license all such persons then licensed, as they might deem competent after examination, and also every other person of full age and good moral character making appli cation therefor, giving a preference to such as have served three years as an apprentice to a licensed 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.

By the N. J. Statute of 1837, the Commissiouers were authorized 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 Pilot. Sect. 19. The applicant is to be examined in presence, and with 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 distances 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 Commissioners, with the assistance of two or more Pilots, (who are required 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, Perth 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 licensed 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 employment of apprentices shall be employed in the pilot service to and from Sandy Hook. vid. N. J. Act. Sect's. 19, 20.

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 entering 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 carelessness, or wilful dereliction of duty, or violation of any provisions of the act, or disobedience to the regulation of the Commissioners. Sec. 10.

2. For losing a vessel negligently or careless, by due conviction he shall be deprived of his license, and be forever incapable 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 Lighthouse, and no Pilot shall have offered to board said vessel, the Commissioners shall inquire if there has been fault

IN NEW-JERSEY

1. The Commissioners on due proof of misbehaviour of a pilot when on duty may fine, or suspend him. Sect. 8.

They may take his license away and make it void on his wilfully infringing or violating the Statute; or the orders of the Commissioners, or in negligently and carelessly losing any vessel under his care; or if he be labouring under mental derangement; or be so addicted to habits of intovication as to be unfit to be intrusted with the charge of a vessel. Sect. 7.

2. For losing vessel negligently or carelessly, he shall be forever incapable of acting 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 liable 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 conviction, may be ren