A BRIEF STATEMENT OF CONCEENING THE HELL GATE PILOT I MONOPOLY. j • i — — " Nothing extenuate, Nor aught set down in malice." I i NEW YORK : DOAK & CO., PRINTERS AND STATIONERS, 37 PEARL ST. 1868. f F SEYMOUR DURST -± ' 'Tort nlemv .^m^erdam- Je Hanhaians FORT NEW AIASTERDAM. (NEW YORK) , 1651. y^hen you leave, please leave this hook Because it has heen said "Ever thing conies t' him who waits Except a loaned book." Avery Architectural and Fine Arts Library Gift of Seymour B. Durst Old York Library A BRIEF STATEMENT OP EXACTS CONCERNING THE HELL GATE PILOT MONOPOLY. — " Nothing extenuate, Nor auffht set down in malice." 1 I NEW YORK: DOAK & CO., PKINTEES AND STATIONERS, 37 PEARL ST. 1868. BRIEF STATEMENT OF FACTS CONCERNING THE HELL GATE PILOT MONOPOLY. To THE HONOKABLB THE LEGISLATURE OF THE StATE OF New- York : During its session for 1868, the Legislature of the State of New- York will be asked to enact certain amendments to the present so-called Hell Gate Pilot Law. The following brief summary of facts is respectfully submitted, not for the purpose of informing the legislative mind, but to aid it in arriving at an equitable conclusion concerning the subjects connected with the proposed amendments. During each year, about 33,000 vessels pass through the nar- row channel of the East River, known as Hell Gate, to and from the City of New- York. The most difficult and dangerous parts of the channel are found between Woolsey 's or Lawrence's Point and the lower point of Blackwell's Island. The distance is about three and a quarter miles. The straits on either side of Blackwell's Island are about one mile in length, and about three hundred and fifty yards wide. In these waters the tide runs with a velocity of about eight and one-half miles an hour. As there are many rocks and numerous shoals, some skill in naviga- tion is required to conduct vessels safely through these waters ; and the great number of vessels that pass over this highway make it necessary that uniformity of seamanship and the utmost rapidity, consistent with safety, should be used. Sailing vessels, owing to the narrowness of the channel, are often compelled to remain several days at either end of the straits referred to, await- ing a fair wind — very often at the expense of a great portion of the cargo which they bear to or from New- York. This evil can 4 not be overcome hy the most skilful sailing-master or pilot ; sieam alone can secure to commerce that rapidity of transit which adds to the wealth of the Empire State. The Hell Gate Pilot is at the mercy of both wind and wave, and the merchant may see his cargo perish within sight of his warehouse unless the tug-boat rescues it from that stagnation which an unfair wind begets in Hell Gate Channel. This fact, years ago, induced many enter- prising citizens of our State to invest a large amount of capital — money, muscle, and brains — in the proper means to aid those who were compelled to pass through the waters referred to, and were subjected to the dangers of shipwreck and loss of cargo. More than $2,000,000 were devoted to this purpose, and not less than two thousand men employed in the tow-boat business in and about said waters. A tow-boat would make about two trips each day through Hell Gate, and convoy from three to six sailing ves- sels each way. No adverse wind delayed the shipmaster ; the tow-boat was the power which subdued this commercial adver- sary, and added millions to the wealth of our State. Those who guided the tug-boats were skilled in navigation, thoroughly con- ^versant with the waters through which they must pass, and had the experience of years in educating themselves for the vocation assumed. Before they were entrusted with the wheel, they served a regular apprenticeship, generally commencing at the bottom of the sailor's ladder, and earning promotion by intelligent appreciation of their duties, ere they were advanced to any of the responsibilities incident to the convoying of untold wealth over the waters where the fatal rock and dreaded shoal remained per- petual sentinels. The result was the pride of those who projected the enterprise. Safety, speed, and a very moderate tax upon the owners of vessels, made the new system a grand success ; and where scores of ships had been stranded, or lost on the rocks, while under the control of Hell Gate pilots, the stranding or loss of a vessel while under convoy of a tug-boat became a thing of such rare occurrence, that it was esteemed almost an impossibility. Many masters of vessels had passed through these channels for a score of years, and were as competent to act as pilots as any per- son whose services could be procured ; and, indeed, more so, on account of their familiarity with the peculiarities of the craft which they guided. These men, in fair winds, chose to navigate for themselves the waters leading from New- York Bay 5 to Long Island Sound ; and when tlie wind placed its embargo on tliem, tliey committed tlieir charge to the tug-boat, and thus secured respite from the otherMnse enforced idleness. The Hell Gate pilots — a body of men who have invested about S2,000 in cockel-shell boats to board vessels —assuming exclusive control of the waters referred to, procured the following enactments of the New-York Legislature : A.CTS. Sec. 6.* Any of the said Hell Grate pilots, who shall pilot any vessel through the channel of the East River, commonly called • Hell Gate, may demand and receive from the master, owner, con- signee, or agent of said vessel, the following fees of pilotage, to wit : For every sloop and fore-and-aft schooner, one dollar and twenty-five cents for every foot of water such vessel may draw. For every square top-sail and stay-sail schooner, one dollar and seventy-five cents for every foot of water said vessel may draw. For every hermaphrodite brig, brigantine, and full-rigged brig, one dollar and seventy-five cents for every foot of water said ves- may draw. For every ship and bark of one thousand tons burthen and under, two dollars for every foot of water such vessel may draw ; and when over one thousand, and not exceeding one thou- sand five hundred tons burthen two dollars and twenty-five cents for every foot of water such vessel may draw; and when over one thousand five hundred tons burthen, two dollars and fifty cents for every foot of water such vessel may draw. Any pilot who shall perform any additional pilotage, be- sides that of piloting through the channel of the East Eiver, commonly called Hell Gate, and pilot the same vessel to Execution Rocks, or Sand's Point Light-house, in Long Island Sound, outward bound, or who shall board any vessel at or to the eastward of Execution Rocks, or Sand's Point Light-house, in Long Island Sound, on her inward passage through Hell Gate, shall be entitled to an additional compensation of seventy-five cents per foot for every foot of water such vessel may draw. And any pilot who shall pilot a vessel inward, by the way of * As amended by § 1, Ch. 115, Laws 1865. 6 Hell Grate, shall be entitled to a preference in the pilotage of the said vessel outward bound, providing the said voyage be by the way of Hell Grate. And further, from the first day of ISTovember to the first day of April, in every year, every such Hell Gate branch pilot shall be entitled to demand and receive for every ship, bark, brig, square top-sail and stay-sail schooner, the sum of three dollars ; and for every fore-and-aft schooner and sloop, the sum of two dollars, in addition to the rates of compensation for pilotage hereby established. And any master or commander of any vessel, who shall give to such branch Hell Gate pilot an untrue account of the draft or tonnage of his vessel, shall forfeit and pay the sum of fifty dollars, to be sued for and recovered by the Board of Port Wardens of New- York. Sec. 7.t Any of said Hell Gate pilots, who shall first tender his services, may demand and receive from the master, owner, or consignee of any vessel of the burthen of fifty-five tons and upward, navigating the said channel of Hell Gate, to whom he shall have tendered his service as a pilot, and by whom the same shall be refused, whether inward or outward bound, one-half pilotage for every foot of water such vessel may draw, which half pilotage shall be the one-half of the rates of compensation established by the sixth section of this Act. But such half pilotage shall not be chargeable to any vessel under fifty-five tons burthen sailing under a coasting license, and shall not be chargeable more than once for the same passage to any vessel. And in case any such vessel under fifty-five tons burthen, navi- gating the said channel to or from the port of New -York, shall make the usual signal for a pilot, and shall refuse to receive on board or employ such pilot, when he shall have tendered his services, then the master, owner, or consignee of such vessel shall pay to such Hell Gate pilot, such half pilotage from the place at which such pilot shall have so ofiered his services. And any pilot who shall pilot any government vessel through the said channel, shall be entitled to receive ths same compensation therefor, as is now provided by law for like services in piloting such vessel to or from the port of New-York, by the way of Sandy. Hook. Sec. 9 I If any person other than a branch Hell Gate pilot t Amended by Ch- 115, Laws of 1865- t As amended by Ch- 115,. Laws of 1865 7 sliall pilot or tow for any other person, any vessel of any de- scription, or board such vessel for that purpose, (except barges, vessels of less than fifty-five tons burthen, and canal-boats act- ually used in navigating the canals,) or shall offer to pilot or tow any such vessel in the channel of the East River, commonly called Hell Gate, without the aid of a branch Hell Gate pilot on board, he shall be deemed guilty of a misdemeanor, and may be prosecuted therefor, in any county of this State, adjoining to, or in which said offence may be committed ; and on conviction thereof, shall be punished for every such offence by a fine not exceeding one hundred dollars, or by imprisonment not exceed- ing sixty days, or by both such fine and imprisonment. And all persons employing a person to act as a pilot through Hell Gate, who is not a branch Hell Gate pilot, shall forfeit and pay the sum of one hundred dollars to the Port "Wardens of the Port of New-York, as provided by the foregoing section Sixth. Nothing in this section contained shall be construed to prevent one of the crew of the vessel, except when in tow of a steamer, from piloting said vessel through the aforesaid channel, nor im- pair or affect the seventh section of the Act hereby amended, save so far as the seventh section is amended by Section second hereof." By these it will be seen that the regularly licensed captains of tug-boats have the pleasant privilege of allowing their boats to rot in idleness, or test the hospitalities of a jailor in Queens, Westchester, Kings, or New- York Counties. And in addition, those ship-masters who sail through the waters of Hell Gate, have no choice regarding pilotage. They must take Hell Gate Pilots when they need a guide, and also take them when they can be of no service by reason of adverse winds. In the latter case, when the shipmaster is asked by the Hell Gate Pilot to entrust his vessel to the pilot's care, he replies, " You can do me no good, the wind is against us. I intend having a tow-boat take me through Hell Gate." The pilot immediately demands half-pilotage, and shaking the law in the captain's face, forbids him employing a tug-boat under penalty of fine and imprison- ment. And the pilot of the tug-boat, licensed by the United States, and compelled by the laws of the United States to serve in Hell Gate Channel as well as elsewhere, under a penalty of $300, 8 is by the State law liable to imprisonment for misdemeanor if he pursues his ordinary avocations. The result is, one of these laws must be over-ridden, or the tug-boat pilot must retire from the business in which he has spent the best years of his life. Not only this, but the result so injurious to commerce, and so absurd in its features, is brought about by a monopoly, neither ornamental nor useful. The following leading editorial, clipped from the New-York Evening Post, of July 26, 1867, illustrates some of the beauties of the late legislation : THE HURL GATE PILOTS AND THE PUBLIC. [From the Evening- Post, July 26, 1867.] The policemen who stand on Broadway and politely pilot ladies, children and infirm old gentlemen across the street, are very useful persons. They raise a finger, and instantly the long train of wagons and omnibuses stops ; the most furious driver reins up at a gesture from a bluecoat ; and what is usually an impassable barrier, opens for a brief space and lets through a waiting throng. It is because policemen are only human that they show, perhaps, the least bit in the world more attention to a pretty woman than to a homely one : it is but natural that a pilot should prefer to guide a trim, clipper-built craft. But suppose the legislature should pass a law forbidding any- one to cross Broadway except on the arm of a policeman, and providing that any one who should cross the street on the arm of a citizen should be condemned to imprisonment and a heavy fine ? Let no one say the supposition is too absurd ; for the legisla- ture has already done just this thing. The East River is a sort of marine Broadway, and the place called Hurl Gate is about as difiicult for vessels to get through as Broadway, at the corner of Fulton street, is difiicult for men and women. Because of the difficulty and danger of the passage, experts have for many years off'ered their services to shipmasters to pilot them safely ; and these services, as they were useful, have been well paid for. Of late, however, owners of vessels have discovered that they could economize time and lessen the risks of the passage, by using steam ; and a number of tug-boats have been employed in towing vessels through the strait into the sound. This is a kind of expedient, like the bridge across Broadway. 9 But the Hurl Gate pilots, finding their services less required by shipmasters, by reason of the use of steam, procured the passage of a bill by the legislature, commanding every captain passing through Hurl Gate to use a pilot, even though, having employed a tug-boat, he did not need a pilot, and punishing the violators of this law with a fine of one hundred dollars and imprisonment for sixty days ! That is just as though the Com- mon Council had commanded that anybody who crosses Alderman Loew's bridge should do so only on the arm of a policeman. Such a law is absurd and unendurable, oppressive and tyrannical to the last degree. The tow-boat owners have brought a test case under it before the courts, which can scarcely help but decide in their favor ; for to decide for the pilots would be to say that anybody, John Smith or Jack Eobinson, may block- ade a highway, and levy toll upon those who pass through. We advise the tow-boat owners to go a little further ; let them ascertain the names of the persons who introduced this law, the committee which recommended it, and the members who voted for it, and publish them, so that tfie public may know who it is that misuses the powers and trust of a legislator, to oppress and obstruct industry. What is, in effect, the argument of the pilots and of those who passed this ridiculous law 1 They claim a right, on the part of a class, to benefit by a natural obstruction. Hurl Gate is a dangerous strait ; a stranger, passing through it in a sailing vessel, may be glad to avail himself of the services of one who knows where the rocks and shoals lie, and which way the currents set. But suppose he chooses to pay for the help of a tow-boat ; he does not then need the services of another pilot ; the danger is so much lessened by the greater command over the vessel, gained by the use of steam, that the master of the tow- boat is a safe guide. But, say these people. You must still take a pilot on board and pay him— for doing nothing. The pilots and their friends, in fact, protest against the use of steam : they might as sensibly protest against the shining of the moon. Indeed, we wonder it has not occurred to them to protest against the action of the government in blasting away the obstructions which formerly made Hurl Gate so difficult a passage, that we have seen a hundred vessels lying above and below the strait, waiting for slack-water to slip through, because 10 wlien the tide was running, tlie attempt was too dangerous. Why do not the pilots sue the United States for an infringement of their rights ? Every rock removed makes pilots less neces- sary ; every obstruction cleared away by the government makes it easier for any stranger to pass safely through the Gate. If this law is right which compels vessels to take and pay for a pilot, whether they have use for one or not, then the government is clearly doing an act of injustice, or of supererogation, in clear- ing the passage." The foregoing statements are in no way exaggerated, and a glance at them seems sufficient to meet all the pleas of men who play the parasite and ask to be paid for it. In striking contrast, we find the rules which govern another class of pilots — those of Sandy Hook. Section 29, of Act of our Legislature, regu- lating pilotage, commences with the following words : " No master of a vessel under three hundred tons burden, belonging to a citizen of the United States," and licensed and employed in the coasting trade by way of Sandy Hook, shall be required to employ a licensed pilot." Owning about thirty boats, valued at not less than three hundred thousand dollars, these men render such efficient service to the shipping and commercial interests as to make them entitled not only to public confidence, but to public gratitude. They have boats of from eighty-five to one hundred and thirty-five tons each, and make voyages of hun- dreds of miles distance, cruising for from one to three weeks. To them, the weather is no drawback ; they are no parlor play- things, but energetic, courageous men. And their courage is often tested when cholera, yellow fever, or other pestilence is passenger of the vessel the pilot is called to board. Taking his life in his hand, he never hesitates in the good work of saving ship and those who have entrusted themselves to his keeping. At other times furnishing provisions to vessels whose crew or passengers were in distress, and asking no other reward than the consciousness of doing his duty to suffering humanity. The records of Sandy Hook pilotage show as much heroism as the tented field exhibits ; and the occasional wreck of a pilot boat, with its entire crew frozen to death, shows how much these men venture in their necessary calling. Such men appreciate their 11 own wortli, and are as generous as they are daring. Too high- minded to thrtist their services upon vessels where no guide is necessary, they give exemption to all vessels in the coasting trade up to three hundred tons burden. They know that cap- tains who have sailed our coast for years, are familiar with all the harbors, and they do not ask them to pay tribute where no gain follows. They fully understand the result of assessing unnecessary and burdensome taxes upon on.r commerce, and, therefore, exact no protection against that rivalry which honest competition begets. And here the sailing master of our smaller crafts protests against the pecuniary distinction which the Hell Gate pilots make. If a tow-boat, under the present law, convoys three to six sailing vessels through Hell Gate, each of the sailing vessels must have a useless Hell Gate pilot on board. Not only presenting a ridiculous exhibition to all practical men, but sub- jecting the sailing vessel to double fees, and for what? The Hell Gate pilots return no revenue to the State ; their property is subject to no assessments ; their time — it would be absurd to speak of labor — freed from any embarrassment, except such as attends the "gentleman of elegant leisure." When such a class ask protection, the petition seems pitiful. Contrasted with the Sandy Hook pilots, it will be seen how much consideration they deserve at the hands of our legislators. We speak plainly, for there is a vast commercial interest involved in this question. Double assessment on the sailing vessels that pass through Long Island Sound, will soon destroy the trade which has so long poured its wealth into the lap of the Empire State. Our mer- chants cannot meet double expenditures without visiting the additional and useless cost upon the consumer, and thus a class is petted and made rich at the expense of those who are com- pelled to diminish the quantity of food required for their family that this burden may be met. Is this just 1 Is it liberal 1 Is it statesmanlike 1 Is it in the spirit of constitutional liberty ? In procuring the passage of the State law, the Hell (xate Pilots had in view their personal advantage alone. The protection of commerce, might by indirection, be one of the incidents, but was not the primary object of their legislative shield. This is seen in the ignoring of Harlem Eiver, a strip of water where large numbers of vessels are navigated, each requiring assistance ; and the failure to enlarge the "ring" of pilots. Forty-five men 12 cannot pilot 300 vessels through Hell Gate waters to the Battery, provided the men are all able to do duty, in less than two or three days ; and very frequently such a fleet of vessels require immediate guidance through these waters. The consequence is that injurious delays are made for the express purpose of fillnig the pockets of these men who are in many cases, of no possible use. More than this, the shipmaster who gives his craft to the charge of any of these pilots, has no chance for redress, in case of mismanagement, whereby he loses vessel or cargo. To levy on the pilots' cockle-boat would be farcical, and to expect any other compensation, would be the height of hopeful absurdity. Notwithstanding the many accidents that have marked the labors of these pilots, who has ever heard of one of them being censured or discharged? And on this point, it is well known that when pilots run the vessel aground, that they have in charge, they generally abandon her or call for rescue upon those tow-boats which they have attempted to place in perpetual quarantine. In a portion of the waters to be navigated by Hell Gate Pilots, innumerable ferry-boats ply between the cities of New- York and Brooklyn ; and to avoid collisions, steam-power is almost indis- pensable. This will readily be conceded by any one who has ever taken a trip over the route suggested, and noted the moving panorama of commerce ; and the ferry-boat pilots regard the tow- boats as insurers against loss of vessels and life. To the hun- dreds of passengers crossing on each of these ferry-boats, this subject is of vital importance ; and the safety of millions of lives should have some consideration, when weighed, against the paltry dollars which the Hell Gate pilots exact for occasioning the risks alluded to. During the winter months, with ice floating through the waters referred to, any attempt of the Hell Gate pilots to take vessels over this route would be futile; and with the present unjust law, tug^boats cannot be employed, unless the managers of each boat is willing to run the risk of both fine and imprisonment. Already about thirty of the tug-boat pilots have been indicted for misdemeanor, and several subjected to fine and, imprisonment for exercising the common right of earning a livelihood by the sweat of their brow. And all this is done at the expense of the mercantile and agricultural interests of the Empire State ; for every impediment to commerce takes away from us a part of 18 those elements of prosperity and power which tend to make New York the metropolis of the Avorld. That this wrong is duly appreciated, is evidenced by the appeal of more than one thou- sand shipmasters, covering some two hundred thousands of ton- nage, as well as a large number of the prominent mercantile firms of New-York City, to the Legislature, for relief from this oppressive monopoly. They ask to be allowed the privilege of employing such assistance as they may deem necessary in their business ; and that they may not be charged additional rates for inferior service. The pilot charges $12.50 for guiding a sailing vessel of a certain burden, which can be towed for from eight to ten dollars by the tug-boat — a difference of nearly thirty nine per cent, in favor of the latter — which is the better mode of navigating, through the waters of Hell Gate. Why should the shipmasters be debarred from securing the best and cheapest means in con- ducting their business ? What have they done that the State should make such a distinction in pvmishing them for doing what is commendable in every other branch of business, mercantile or agricultural 1- Why should these men be plundered for the exclusive benefit of a class of persons who may have been useful in the past, but whose present vocation is scarcely commendable 1 Legislation should be general, and no man or body of men should have privileges guaranteed by special acts, which injure nearly all other citizens of the State, either directly or indirectly. That this is not stating the case beyond its bearings, is seen by the way in which the violators of the Pilot Protective Law are punished. The men who complain of injury to their peculiar trade, are subjected to no expense in legal proceedings. They are so far advanced beyond the common limits of responsibility, that the people must pay while they inaugurate legal inquisitions. In Queens County, the people have been subjected to immense costs in these proceedings, and for what ? First, to drive com- merce from the State, and next, to fill the pockets of forty five men, whose days of usefulness were numbered when Fulton made vessels go against wind and tide. This great wrong should be remedied, otherwise every class of business will demand the same kind of legislation, and the people will find the already burdensome taxes doubled, to allow one class of citizens to prey upon the balance. Is it not shameful, that such a system is tolerated in this nineteenth century ? Do we boast of democ- 14 racy, with such an aristocracy, supported even at the gates of our great metropolis ? Are we to continue the stultifying spec- tacle that other states may sneer at our hypocrisy ? Or are we to establish a precedent, which New Jersey, Connecticut, Ehode Island and Massachusetts may follow, and thus almost destroy the great trade by which every citizen of the state is in somewise benefited ] Surely statesmen will not shut their eyes against such palpable injustice, nor wait until the house falls before they take means to prevent its ruin. We need not argue at length the vital importance to the farmers of our State of a repeal of the law re- ferred to. They are reading, thinking men, and know the penalty of prohibiting trade. They realize the penalty incident to additional fees imposed upon the shipping interests. Every penny paid to the carrier in excess of the necessary compensation, is so much taken from the pockets of the producer ; and if in addition to this continued pilfering, the farmers are compelled to pay courts, officers and lawyers to protect and encourage the men who thus plunder them, the Goddess of Wisdom will not write her edicts upon our statute books. We will not insult the intelligence of our legislators by extended reasoning upon the facts presented. They carry with them the "prayer for relief" which common justice presents; and we believe it will not go unheeded. If the vast interests involved in this question are considered, the future prosperity and greatness of our State aimed at, and the broad catholicity of Eepublican government preserved, this special and odious class legislation will be expunged and enterprise encouraged. Shall this not be done 1 We ask, in the name of equity and that spirit of progress which should mark the legislation of a State whose motto is ''Excelsior." The Ship Ownees' Association of New-Yobk, fully realizing the importance of legislation on the subject set forth in the foregoing statement, have taken the following action in relation thereto : At a regular meeting of this Association, held at the rooms No. 50 Pine street, on Wednesday, February 12 — Mr. Edward Hincken, President, in the Chair, and Mr. Thomas S. Sandford, Secretary — the following preamble and resolutions were unan- 15 imously adopted, and the Secretary instructed to send a duly certified copy of the same to the Chairman of the Committee on Commerce and Navigation of the Senate of the State of NeAv York: Whereas, The waters of the East River and of Long Island Sound are a national highway, and should be free to every citizen of the United States ; and whereas, the Legislature of the State of New York has imposed restrictive penalties on the navigation of the said waters, which tend to diminish and destroy commerce by subjecting it to a double burden ; Resolved, That the provisions of the State law requiring vessels navigating the East River, and passing through Hell Gate, to pay half pilotage for the offer of services not performed, is an onerous burden on commerce, unnecessary for the safety of property or life, and hostile to the fundamental principles of our Government. Resolved, That the provisions of the law requiring vessels passing through said waters, when in charge of a tug-boat pi'o- pelled by steam, to employ a licensed Hell Gate pilot, and subjecting the Captain of such tug-boat to fine and imprisonment for a violation of the same, are also an oppressive burden on commerce, and create an odious and expensive monopoly, as well as occasioning unneccessary delay to vessels needing such steam power. Resolved, That the employment of steam-tugs for the purpose of conducting vessels through the waters named, has proved not only economical to ship owners, but has added to the safety of the navigation. Resolved, That the restrictions referred to are unjust and oppressive, and this Association respectfully ask the Legislature of the State of New-York, now in session, to repeal the same. On motion of Mr. George M. Clearman, the Chairman was further authorized to sign, in the name of the Association, any general remonstrance on the same subject.