of the vessel.

By the law of the neighboring State of Connecticut, no one can enter her
waters with a steam-vessel having such license.

By the law of New Jersey, if any citizen of that State shall be
restrained, under the New York law, from using steamboats between 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 restrains or impedes him 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 reprisals between independent
States.

It will hardly be contended, that all these acts are consistent with the
laws and Constitution of the United States. If there is no power in the
general government to control this extreme belligerent legislation of
the States, the powers of the government are essentially deficient in a
most important and interesting particular. The present controversy
respects the earliest of these State laws, those of New York. On these,
this court is now to pronounce; and if they should be declared to be
valid and operative, I hope somebody will point out where the State
right stops, and on what grounds the acts of other States are to be held
inoperative and void.

It will be necessary to advert more particularly to the laws of New
York, as they are stated in the record. The first was passed March 19th,
1787. By this act, a sole and exclusive right was granted to John Fitch,
of making and using every kind of boat or vessel impelled by steam, in
all creeks, rivers, bays, and waters within the territory and
jurisdiction of New York for fourteen years.

On the 27th of March, 1798, an act was passed, on the suggestion that
Fitch was dead, or had withdrawn from the State without having made any
attempt to use his privilege, repealing the grant to him, and conferring
similar privileges on Robert R. Livingston, for the term of twenty
years, on a suggestion, made by him, that he was possessor of a mode of
applying the steam-engine to propel a boat, on new and advantageous
principles. On the 5th of April, 1803, another act was passed, by which
it was declared, that the rights and privileges granted to Robert R.
Livingston by the last act should be extended to him and Robert Fulton,
for twenty years from the passing of the act. Then there is the act of
Apr