prohibitory laws, and on the silk manufacture and the wool
tax particularly.]

[Footnote 11: That of Mr. Clay.]

THE CASE OF GIBBONS AND OGDEN.

AN ARGUMENT MADE IN THE CASE OF GIBBONS AND OGDEN IN THE SUPREME COURT
OF THE UNITED STATES, FEBRUARY TERM, 1824.

[This was an appeal from the Court for the Trial of Impeachments and
Correction of Errors of the State of New York. Aaron Ogden filed his
bill in the Court of Chancery of that State, against Thomas Gibbons,
setting forth the several acts of the legislature thereof, enacted for
the purpose of securing to Robert R. Livingston and Robert Fulton the
exclusive navigation of all the waters within the jurisdiction of that
State, with boats moved by fire or steam, for a term of years which had
not then expired; and authorizing the Chancellor to award an injunction,
restraining any person whatever from navigating those waters with boats
of that description. The bill stated an assignment from Livingston and
Fulton to one John R. Livingston, and from him to the complainant,
Ogden, of the right to navigate the waters between Elizabethtown, and
other places in New Jersey, and the city of New York; and that Gibbons,
the defendant below, was in possession of two steamboats, called the
Stoudinger and the Bellona, which were actually employed in running
between New York and Elizabethtown, in violation of the exclusive
privilege conferred on the complainant, and praying an injunction to
restrain the said Gibbons from using the said boats, or any other
propelled by fire or steam, in navigating the waters within the
territory of New York.

The injunction having been awarded, the answer of Gibbons was filed, in
which he stated, that the boats employed by him were duly enrolled and
licensed to be employed in carrying on the coasting trade, under the act
of Congress, passed the 18th of February, 1793, ch. 8, entitled, "An Act
for enrolling and licensing ships and vessels to be employed in the
coasting trade and fisheries, and for regulating the same." And the
defendant insisted on his right, in virtue of such licenses, to navigate
the waters between Elizabethtown and the city of New York, the said acts
of the legislature of the State of New York to the contrary
notwithstanding. At the hearing, the Chancellor perpetuated the
injunction, being of the opinion that the said acts were not repugnant
to the Constitution and laws of the United States, and were valid. This
decree wa