The American Quarterly Review, No. 18, June 1831 (Vol 9)Various
History
The American Quarterly Review, No. 18, June 1831 (Vol 9)
Various
Intellectual life -- Periodicals; United States -- Intellectual life -- 19th century -- Periodicals
From this period, therefore, Mr. Webster's attendance on the Supreme
Court at Washington has been constantly secured by retainers, in the
most important causes; and the circle of his professional business,
which has been regularly enlarging, has not been exceeded, if it has
been equalled, by that of any other lawyer who has ever appeared in the
national forum. The volume before us contains few traces of all this. It
contains, however, two arguments upon constitutional questions of great
interest and wide results. One is the case of Gibbons _vs._ Ogden, in
1824, involving the question, how far a state has authority to grant the
exclusive right of navigating the tide-waters within its territorial
limits; refusing that right to all persons belonging to other states, as
well as to its own citizens. This question struck, of course, at the
great steam-boat monopoly granted by the state of New-York, from motives
of public munificence, to Mr. Fulton, the admirable first mover of that
national benefit, and Chancellor Livingston, its early and adventurous
patron. The case was argued by Mr. Webster and Mr. Wirt against the
monopoly, and by Mr. Oakley and Mr. Emmet for it; so that probably as
much ability was brought into the discussion on each side, as has been
called for by any single cause in our judicial annals. The result was,
that the monopoly was declared to be unconstitutional; and thus another
great national blessing was obtained, hardly less important than the
original invention,--that of throwing open the right to steam-navigation
to the competition of the whole Union.
There were circumstances which gave uncommon interest to this cause,
independently of its great constitutional importance, and the wide
consequences involved in it. It had been litigated, during a series of
years, in every form, in the state courts of New-York, where the
monopoly had triumphed over all opposition. And it need hardly be said,
that the state courts of New-York have maintained as proud a reputation
for learning, research, and talent, as any in the Union. What lawyer has
not sat gladly at the feet of Chancellor Kent, and Chief Justice
Spencer? And what state, in relation to her jurisprudence, can so boldly
say--
"Quæ regio in terris nostri non plena laboris?"
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