The Opinion of the Supreme Court of the United States, in the Case of Gibbons Vs. Ogden, Delivered by Chief Justice Marshall, March 2, 1824: With a Preface, Containing an Historical Sketch of the Steam-Boat Controversy (Classic Reprint)

Excerpt from The Opinion of the Supreme Court of the United States, in the Case of Gibbons Vs. Ogden, Delivered by Chief Justice Marshall, March 2, 1824: With a Preface, Containing an Historical Sketch of the Steam-Boat Controversy

Would prevail against it. It was moreover denied, that any inter ference had in that case been shewn between the laws of this state, and the constitutional power of congress to regulate commerce it was alleged, that it would be time enough to consider that ques tion when it should arise and the general answer given to all such supposed collisions of power, was the same as in the case of conflict with a patent right that the laws of congress were pa ramount, and must prevail.

By 'a subsequent compromise, the opposition company was ad mitted to a participation of the exclusive right; and consequently that cause was 'not carried up to the supreme court of the United States. Pending the suit, both parties had united in obtaining from the legislature new and extraordinary penalties against any other interference with the state grant and as those penalties were applicable, at the discretion of the grantees themselves, not only to cases falling within the decision of the court of errors, but to those expressly excepted from its Operation, all further liti gatien in the courts of justice was for a season put to rest.

The legislature was then resorted to, on the ground that the courts were in efl'ect shut against claimants under an author ity, which had been admitted to be superior to that whence Messrs. Livingston and Fulton had derived their right and the first applicant for relief was Mr. Ogden of new-jersey, the very party who has been unsuccessful in the late suit at Wash ington. The memorial presented by him to the legislature at the session of 1814, was referred to a select committee of the assem bly, of which the present Judge Dunn was chairman; and in the report made on that occasion, it was in effect declared as the opi nion of the committee, that a right derived by patent from the United States, was paramount to the state grant and further, that as the constitution of the United States vests congress with the power (necessarily an exclusive one) to regulate commerce, it was at least questionable rwhether the legislature of this state had any power to interfere with, or prevent' the navigation of a vessel in any of the waters of this state, and more especially in any wa ters lying between this and a neighbouring state, with a license obtained according to the laws of the United States.

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