This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ...of new commercial interests conflicting with old ones, the expansion of commerce simultaneously with the growth of the nation, the determination of the State rights party, at the period of Federal history preceding the Civil War, to enforce their views in favour of State sovereignty, the ultimate overthrow of that ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ...of new commercial interests conflicting with old ones, the expansion of commerce simultaneously with the growth of the nation, the determination of the State rights party, at the period of Federal history preceding the Civil War, to enforce their views in favour of State sovereignty, the ultimate overthrow of that party and its dangerous doctrines, the progress of the nation and the national idea gradually overshadowing the idea of State supremacy, were circumstances which occasionally and naturally found expression in the, at times, varying and apparently irreconcilable judgments of the Supreme tribunal. Qibbons v. Oyden, 9 Wheat 1 (1824).--This was the first great case decided under the Commerce Clause of the United States. It stands like a high land-mark in the constitutional history of that country. The facts were few and brief. The legislature of the State of New York gave to Robert Livingstone and Robert Fulton the exclusive right to navigate all waters within the jurisdiction of the State with vessels propelled by steam. Ogden acquired the rights of Livingstone and Fulton. Gibbons, having obtained a license to run a steam-boat under the Acts of Congress regulating the coasting trade, navigated the Bay of New York with a steamer between New York city and Elizabeth Port in New Jersey. Ogden commenced a suit against Gibbons in the New York Courts in order to restrain him from navigating those waters, in breach of his exclusive right under the laws of the State. The State Courts held that the statute of New York was valid, and granted an injunction restraining Gibbons. Gibbons then appealed to the Supreme Court of the United States, his contention, as presented by his counsel, Daniel Webster, being that the New York statute contravened the clause of the ...
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