New-York tribune., 1900-10-14


Marshall. 1 think it was) Daniel Webster neihs
4 reader for fifty years of The TEi5gge TEi52gg41e, SON
New-York Oct. s. 1900
Trenton " j. Oct. 10 (SpeciaD-The final wrest-
ing Of the monopoly of the waters of the state OF
New-York from Robert r. Livingston and Hooert
Fulton as told in last Sundays Tribune was ac-
complished by the United States Supreme Court
after battle lasting two years. The case IS one
of the most celebrated of the Supreme Court de-
cisions settling as it did for all time the right OF
the Federal Government to control the commerce
of the United States as between States
The case was carried to the highest court Of the
land bv Thomas Gibbons after the Court for the
Trial of Tmpeachments and Correction of Errors OF
the State of New-York had upheld Livingston
monopoly and issued perpetual Injunction against
Gibbons's steamboat entering the harbor of New
York and had proclaimed the law to be that no
boat propelled By fire steam" could enter the
waters of New-York State without first obtaining
from Fulton and Livingston license to do so.
BY the time New-York had taken this action Con-
necticut became involved in the controversy back
ing New-Jersey in her contention that New-Hork
without jurisdiction over the navigable waters
adjacent her territory and that her Legislature
without power to enact laws prohibiting yes
sells from entering her harbors so far as they af-
fected the commerce between States.
In 1921 the Supreme Court of the United States
dismissed Mr. Gbbons's bill technical grounds.
and Daniel Webster then being engaged before
the court in fighting the of Sullivan against
the Fulton Steamboat Company Mr. Gibbons re-
tained Mr. Webster TO smash the great monopoly
granted to Fulton and Livingston by the several
acts of the New-York Legislature. from 1877 to
1911 The case finally determined in 1924. Chief
Justice John Marshall writing the opinion Of the
Court.
Daniel Webster's presentation of Mr.. Gibbons's
contention against the rights of the States to regu-
late commerce has ever been regarded as clearing
away the constitutional clouds lowering over State
by the law of New York said Daniel Webster.
mo one can navigate the Bay of New-York. the
North River. the Sound. the lakes or any Of the
waters of that State. by steam vessels, without
r. Livingston and Robert Fulton. under penalty OF
s"By the laws of the neighborng State of Con-
necticut one can enter her waters with steam cam
vessel having such license from Livingston ana
by the laws of New-Jersey If any citizen of that
from using steamboats, between the ancient shores
of New-Jersey and NewYork: he shall be entitled
to action for damages. in New Jersey, with
treble costs against the party who thus S{r a
of New-Jersey is called of retortion against
the illegal and oppressive legislation of New York
and seems to be defended on those Grouhds Is, al oL
public law which justify reprises between mae
webster then contended that all these acts We're
inconsistent with the laws and Constitution OF the
If there were power in the general Govern e1,r
ment, said Webster. to control this extreme peliis
erent legislation of the States the powers or the
Government were essentially deficient in most
important and interesting particular dhe p RreSe9 f5ge
State laws. those of New-York. On those the court
was TO pronounce, and if those should be de
clared to be valid and operative, he hoped some,
body would point where the State right stopped
and on what grounds the acts of other states
were to be held imperative and void
Mr. Webster held that the words Ito regulate
commerce in the Constitution conferred absolute
control of commerce upon the Federal Government
se aa sTa9t R9 6Gt ali 9l but her
citizens? Can she refuse admission to ships or
particular nations?' He declared that this power
was vested only in the Federal Government:
He took up the several resolutions of states
prior to the formation of the Constitution and
declared that the fundamental reason for the red
Grafton of States regardless of other Dement'S IN
tended to be con red upon humanity, was pased
entirely upon a desire place I'm particular head
the power to regulate commerce between states
Mr. Websters argument and the argument OF other
counsel together with the decision of the court
covers 240 pages in the With Wheaton United
States Supreme Court report -
The court. after hearing the argument sald;
The acts of the Legislature of the State or New
York granting to Robert r. Livingston and Robert
Fulton the exclusive navigation of all the waters
within the Jurisdiction of that State. with boats,
moved bv fire or steam. for a term or years are
repugnant to that clause of the Constitution OF me
United States which authorizes Congress 70 reSu-
late commerce far the said acts prohlolt yes
sells licensed according to the laws OF the nlted
States for carrying on coastng trade or navigating
the waters by means of fire or steam
The decree of the court declared uhcohstltuioIld
such laws of the State of New-York as CONNECTED
With he