a
citizen of New Jersey, and owner of the steamboat in question; that the
boat is a vessel of more than twenty tons burden, duly enrolled and
licensed for carrying on the coasting trade, and intended to be employed
by him in that trade, between Elizabethtown, in New Jersey, and the city
of New York; and that it was actually employed in navigating between
those places at the time of, and until notice of, the injunction from
the Court of Chancery was served on him.

On these pleadings the substantial question is raised, Are these laws
such as the legislature of New York has a right to pass? If so, do they,
secondly, in their operation, interfere with any right enjoyed under the
Constitution and laws of the United States, and are they therefore void,
as far as such interference extends?

It may be well to state again their general purport and effect, and the
purport and effect of the other State laws which have been enacted by
way of retaliation.

A steam-vessel, of any description, going to New York, is forfeited to
the representatives of Livingston and Fulton, unless she have their
license. Going from New York or elsewhere to Connecticut, she is
prohibited from entering the waters of that State if she have such
license.

If the representatives of Livingston and Fulton in New York carry into
effect, by judicial process, the provision of the New York laws, against
any citizen of New Jersey, they expose themselves to a statute action in
New Jersey for all damages, and treble costs.

The New York laws extend to all steam-vessels; to steam frigates, steam
ferry-boats, and all intermediate classes. They extend to public as well
as private ships; and to vessels employed in foreign commerce, as well
as to those employed in the coasting trade.

The remedy is as summary as the grant itself is ample; for immediate
confiscation, without seizure, trial, or judgment, is the penalty of
infringement.

In regard to these acts, I shall contend, in the first place, that they
exceed the power of the legislature; and, secondly, that, if they could
be considered valid for any purpose, they are void still, as against any
right enjoyed under the laws of the United States with which they come
in collision; and that in this case they are found interfering with such
rights.

I shall contend that the power of Congress to regulate commerce is
complete and entire, and, to a certain extent, necessarily exclusive;
that the acts in question