Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-03-12
IMPORTANT OPINION
" the Supreme Court Of the United STATES
ON THE STEAMBOAT CASE.
Delivered by Chief Justice MARSHALL, Much .
1924


Delivered by Chief Justice MARSHALL, Much Q,
1924.
Gibbons rs. Ogden.
This is writ of Terror to a decree ofthe highest
Court of law equity in the State OF New
York, affirming decree pronounced by the
Chancellor of that State.
The Legislature of New York has enacted
several laws for the purpose of securing Ia
Robert X. Livingston and Robert Fulton the.
exclusive navigation of all the waters within
the jurisdiction ofthat State, with boats NOV ed
by fire or steam, for term of years. which
has not yet expired and has authorized the
Chancellor To award an Injunction, restraining
any person whatever from navigating those
waters with boats of that description.
The bill was sled by Aaron Ogden, claiming
as assignee of LivingstoH and Fulton. suggesting
that Thomas Gibbon, the plaintiff in error,
was in possession of two steam boats, the
StOudiDger and Belona, which were actually
employed in running between New York and
Elizabeihtown in New Jersey, in violation of
the exclusive privilege conferred on the plain
tff, and praying an Injunction to restrain the
said Gibbon from using the said boats, or any
Others propelled by fire or steam, in navsa-
ting the waters within the territory of New
York.
The injunction having been awarded, the
answer of Gibbon was filed, in which he stated
that the boats employed by him were duly
enrolled and licensed, according tn the act
OF Congress, To carry on the coasting trade
OF the United States and insisted on his
right, IN virtue of that license, to navigate the
waters between EliZabethiown and New York,
the acts of the Legislature Of New York net
withstanding.
The Chancellor perpetuated the Injunction,
being OF opinion that the acts comforting the
privilege were not repugnant To the Constitu-
ton and laws of the United States. and were
valid. This decree was affirmed, in the
Court for the trial of impeachments and cor
rection of errors, which is the highest tribunal
before which the cause could be carried in the
State.
The plaintiffin error contends that this de-
cree is erroneous, because the laws w hich pur-
port TO give the exclusive privilege il susiains,
are repugnant To the Constitution and laws Of
the United States.
They are said To be repugnant-
LIST. To that clause in the Constitution
which authorizes Congress to regulate com
nerre
I'd. To that which authorizes Congress To
promote the progress of science and useful
arts
The State If New York maintains the con-
stiutiondiiiy Of these laws and their Legis-
Iaiure, their Council of Revision, and their
Judges, have repeatedly cOncnrrpd in this
opinion. II is supported Ivy great namrs--by
names which have all the titles to cnnsidrra-
lion that virtue. intelligence, and office, can
b"Stow No tribunal can apprunch the decis-
ion of This question without feeling lust and
real respect for that 0priun hich is sustained
Ivy such authority but il is The pro, ince OF
this Court. while il respects NOT to bow 20 =,
implicitly and the Judges must exercise. in
the examination Of the subject, that UNDER
standing which Providence has be,tow ed upon
them, wIih that Independence which The pep.
pie of the Z nited States expect from His de-
Partmeni of the government.
As preliminary 10 The very able discussions
of the Constitution, winch we have heard
from the bar, and ~ having SOME influence ~
ITS constr ction, reference has been nude Ia
the political situation OF these States anferio.
io IFS formation. II has been said that The,
were sovereign; were completely indrpen
dent, aud were connected With each o.hel