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GIBBONS, Appellant, V. OGDEN, Respondent

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GIBBONS, Appellant, V. OGDEN, Respondent Gibbons v. Ogden, 22 U.S. 1 (1824) 6 L.Ed. 23, 9 Wheat. 1 or steam, in navigating the waters within the territory of New-York. The injunction having been awarded, 22 U.S. 1 the answer of Gibbons was filed; in which he stated, [CONSTITUTIONAL LAW.] that the boats employed by him were duly enrolled and licensed, to be employed in carrying on the coasting Supreme Court of the United States trade, under the act of Congress, passed the 18th of February, 1793, c. 3. entitled, ‘An act for enrolling GIBBONS, Appellant, and licensing ships and vessels to be employed in v. the coasting trade and fisheries, and for regulating the same.’ And the defendant insisted on his right, in OGDEN, Respondent. virtue of such licenses, to navigate the waters between Elizabethtown and the city of New-York, the said March 2, 1824 acts of the Legislature of the *3 State of New-York **1 *1 The acts of the Legislature of the State to the contrary notwithstanding. At the hearing, the of New-York, granting to Robert R. Livingston and Chancellor perpetuated the injunction, being of the Robert Fulton the exclusive navigation of all the waters opinion, that the said acts were not repugnant to the within the jurisdiction of that State, with boats moved constitution and laws of the United States, and were by fire or steam, for a term of years, are repugnant valid. This decree was affirmed in the Court for the to that clause of the constitution of the United States, Trial of Impeachments and Correction of Errors, which which authorizes Congress to regulate commerce, so is the highest Court of law and equity in the State, far as the said acts prohibit vessels licensed, according before which the cause could be carried, and it was to the laws of the United States, for carrying on the thereupon brought to this Court by appeal. coasting trade, from navigating the said waters by **2 Principles of interpretation. means of fire or steam. The power of regulating commerce extends to the APPEAL from the Court for the Trial of Impeachments regulation of navigation. and Correction of Errors of the State of New-York. Aaron Ogden filed his bill in the Court of Chancery The power to regulate commerce extends to every of that State, against Thomas Gibbons, setting forth species of commercial intercourse between the United the several acts of the Legislature thereof, enacted States and foreiga nations, and among the several for the purpose of securing to Robert R. Livingston States. It dees not stop at the external boundary of a and Robert Fulton, the *2 exclusive navigation of State. all the waters within the jurisdiction of that State, with boats moved by fire or steam, for a term of But it does not extend to a commerce which is years which has not yet expired; and authorizing the completely internal. Chancellor to award an injunction, restraining any person whatever from navigating those waters with The power to regulate commerce is general, and boats of that description. The bill stated an assignment has no limitations but such as are prescribed in the from Livingston and Fulton to one John R. Livingston, constitution itself. and from him to the complainant, Ogden, of the right to The power to regulate commerce, so far as it extends, navigate the waters between Elizabethtown, and other is exclusively vested in Congress, and no part of it can places in New-Jersey, and the city of New-York; and be exercised by a State. that Gibbons, the defendant below, was in possession of two steam boats, called the Stoudinger and the State inspection laws, health laws, and laws for Bellona, which were actually employed in running regulating the internal commerce of a State, and those between New-York and Elizabethtown, in violation of which respect turnpike roads, ferries, &c. are not the exclusive privilege conferred on the complainant, within the power granted to Congress. and praying an injunction to restrain the said Gibbons from using the said boats, or any other propelled by fire © 2021 Thomson Reuters. No claim to original U.S. Government Works. 1 Gibbons v. Ogden, 22 U.S. 1 (1824) 6 L.Ed. 23, 9 Wheat. 1 this litigation. The use of steam boats, on the coasts, The laws of N. Y. granting to R.R.L. and R. F. the and in the bays and rivers of the country, had become exclusive right of navigating the waters of that State very general. The intercourse of its different parts with steam boarts, are in collision with the acts of essentially depended upon this mode of conveyance Congress regulating the coasting trade, which being and transportation. Rivers and bays, in many cases, made in pursuance of the constitution, are supreme, form the divisions between States; and thence it was and the State laws must yield to that supremacy, even obvious, that if the States should make regulations for though enacted in pursuance of powers acknowledged the navigation of these waters, and such regulations to remain in the States. should be repugnant and hostile, embarrassment would necessarily happen to the general intercourse of the A license under the acts of Congress for regulating the community. Such events had actually occurred, and coasting trade, gives a permission to carry on that trade. had created the existing state of things. The license is not merely intended to confer the By the law of New-York, no one can navigate the bay national character. of New-York, the North River, the Sound, the lakes, The power of regulating commerce extends to or any of the waters of that State, by steam vessels, navigation carried on by vessels exclusively employed without a license from the grantees of New-York, under in transporting passengers. penalty of forfeiture of the vessel. The power of regulating commerce extends to vessels By the law of the neighbouring State of Connecticut, propelled by steam or fire, as well as to those navigated no one can enter her waters with a steam vessel having by the instrument ality of wind and sails. such license. Feb. 4th, 5th, and 6th. By the law of New-Jersey, if any citizen of that State shall be restrained, under the New-York law, from Mr. Webster, for the appellant, admitted, that there was using steam boats between the ancient shores of New- a very respectable weight of authority in favour of Jersey and New-York, he shall be entitled to an action the decision, which was sought to be reversed. The for damages, in *5 New-Jersey, with treble costs laws in question, he knew, had been deliberately re- against the party who thus restrains or impedes him enacted by the Legislature of New-York; and they under the law of New-York! This act of New-Jersey had also received the sanction, at different times, of is called an act of retortion against the illegal and all her judicial tribunals, than which there were few, oppressive legislation of New-York; and seems to be if any, in the country, more justly entitled to respect defended on those grounds of public law which justify and deference. The disposition of the Court would be, reprisals between independent States. undoubtedly, to support, if it could, laws so passed and so sanctioned. He admitted, therefore, that it was justly It would hardly be contended, that all these acts expected of him that he should make out a clear case; were consistent with the laws and constitution of and unless he did so, he did not hope for a reversal. the United States. If there were no power in the It should be remembered, however, that the whole of general government, to control this extreme belligerent this branch of power, as exercised by this Court, was a legislation of the States, the powers of the government power of revision. The question must be decided by the were essentially deficient, in a most important State Courts, and decided in a particular manner, before and interesting particular. The present controversy it could be brought here at all. Such decisions alone respected the earliest of these State laws, those of New- gave the Court jurisdiction; and therefore, while they York. On those, this Court was now to pronounce; and are to be respected *4 as the judgments of learned if they should be declared to be valid and operative, he Judges, they are yet in the condition of all decisions hoped somebody would point out where the State right from which the law allows an appeal. stopped, and on what grounds the acts of other States were to be held inoperative and void. **3 It would not be a waste of time to advert to the existing state of the facts connected with the subject of It would be necessary to advert more particularly to the laws of New-York, as they were stated in the record. © 2021 Thomson Reuters. No claim to original U.S. Government Works. 2 Gibbons v. Ogden, 22 U.S. 1 (1824) 6 L.Ed. 23, 9 Wheat. 1 The first was passed March 19th, 1787. By this act, a the plaintiff below, derives title under Livingston and sale and exclusive right was granted to John Fitch, of Fulton, to the exclusive use of part of these waters. making and using every kind of boat or vessel impelled by steam, in all creeks, rivers, bays, and waters, within The appellant being owner of a steam-boat, and being the territory and jurisdiction of New-York, for fourteen found navigating the waters between New-Jersey and years.
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