The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1900-10-19

vessels, without a license from the
grantees of New York, Robert r. Ldv-
ingston and Robert Fulton, under PEN
city of forfeiture of the vessel. BY the
| laws of the neighboring state of Con-
| nect1cut, no one can enter her Waterh
with a steam vessel having such license
from Livingston and Fulton BY the
laws of New Jersey if any citizen of
that shall be restrained under the New
York law from using steamboats, be-
tween the ancient shores of New Jersey
and New York. he shall be entitled to
an action for damages, in New Jersey,
| with treble costs, against the party who
thus restraints or impedes under the law
| of New York! This act of New Jersey
is called an act of retortion against the
illegal and oppressive legislation of
New York, and seems to be defended
on those grounds of public law which
justify reprises between independent
states''
Webster then commended that all these
acts were inconsistent with the laws
and constitution of the United States.
II there were no power in the general
government, said Webster, to control
the extreme belligerent legislation of
the states, the powers of the govern
ment were essentially deficient in a
most important and interesting partic-
ular. The present controversy, he said,
respected the earliest of these state
laws, those of New York On those the
court was now to pronounce, and if
those should be declared to be valid and
operative, he hoped somebody would
rhD1t Stof vi oht
stopped and on what grounds the acts
of other states We're to be held inopera-
tive and void Mr.. Webster held that
the words ito regulate commerce" in
the constitution conferred absolute con-
troll of commerce upon the federal gov
eminent. can state grant a mono
poly of trader" he asked. Can New
York shut out all but her own citizens?
Can she refuse admission to ships of
particular nations?" He declared that
this power was vested only in the fede-
raj government. He took up the seve-
raj resolutions Of states prior to the
formation of the constitution, and de-
clared that the fundamental reason for
the federation Of states, regardless of
other benefits intended to be conferred
upon humanity, was based entirely
upon a desire to place in a particular
head the power to regulate commerce
between states. Mr.. Webster's argu-
ment and the argument of other coun-
sci, together with the decision of the
court covers two hundred and forty
pages in the With Wheaton United
States supreme court report.
The court after hearing the argument
said: THE acts Of the Legislature of
the state Of New York, granting to Rob-
ert R. Livingston and Robert Fulton
the exclusive navigation of all the wa
ters within the jurisdiction of that
state, with boats, moved by fire or
steam, for term Of years are repug-
nant to that clause Of the constitution
of the United States which authorizes
to regulate commerce, so far
as the said acts prohibit vessels IL
censed according to the laws of the
United States for carrying on coasting
trade or navigating the waters by
means of fire or steam" The decree of
the court declared unconstitutional
such laws of the state of New York as
conflicted with the above view.-Corres-
pondence of the New York Tribune.