tonnage." Under color
of grants like this, that prohibition might be wholly evaded. This grant
authorizes Messrs. Livingston and Fulton to license navigation in the
waters of New York. They, of course, license it on their own terms. They
may require a pecuniary consideration, ascertained by the tonnage of the
vessel, or in any other manner. Probably, in fact, they govern
themselves, in this respect, by the size or tonnage of the vessels to
which they grant licenses. Now, what is this but substantially a tonnage
duty, under the law of the State? Or does it make any difference,
whether the receipts go directly into her own treasury, or into the
hands of those to whom she has made the grant?
There is, lastly, that provision of the Constitution which gives
Congress power to promote the progress of science and the useful arts,
by securing to authors and inventors, for a limited time, an exclusive
right to their own writings and discoveries. Congress has exercised this
power, and made all the provisions which it deemed useful or necessary.
The States may, indeed, like munificent individuals, exercise their own
bounty towards authors and inventors, at their own discretion. But to
confer reward by exclusive grants, even if it were but a part of the use
of the writing or invention, is not supposed to be a power properly to
be exercised by the States. Much less can they, under the notion of
conferring rewards in such cases, grant monopolies, the enjoyment of
which is essentially incompatible with the exercise of rights possessed
under the laws of the United States. I shall insist, however, the less
on these points, as they are open to counsel who will come after me on
the same side, and as I have said so much upon what appears to me the
more important and interesting part of the argument.
[Footnote 1: 1 Laws U.S., p. 28, Bioren and Duane's ed.]
[Footnote 2: 1 Laws U.S., p. 50.]
[Footnote 3: Chancellor Livingston.]
[Footnote 4: 1 Black. Com. 273; 4 Black. Com. 160.]
THE BUNKER HILL MONUMENT.
AN ADDRESS DELIVERED AT THE LAYING OF THE CORNER-STONE OF THE BUNKER
HILL MONUMENT AT CHARLESTOWN, MASSACHUSETTS, ON THE 17TH OF JUNE, 1825.
[As early as 1776, some steps were taken toward the commemoration of the
battle of Bunker Hill and the fall of General Warren, who was buried
upon the hill the day after the action. The Massachusetts Lodge of
Masons, over which he presided, applied to the provisional government o
|