The Great Speeches and Orations of Daniel Webster: With an Essay on Daniel Webster as a Master of English StyleWebster, Daniel
History
The Great Speeches and Orations of Daniel Webster: With an Essay on Daniel Webster as a Master of English Style
Webster, Daniel
Speeches, addresses, etc., American; United States -- Politics and government -- 1815-1861; Webster, Daniel, 1782-1852
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Fitch was dead, or had withdrawn from the State without having made any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
April 11, 1808, purporting to extend the monopoly, in point of time,
five years for every additional boat, the whole duration, however, not
to exceed thirty years; and forbidding any and all persons to navigate
the waters of the State with any steam boat or vessel, without the
license of Livingston and Fulton, under penalty of forfeiture of the
boat or vessel. And lastly comes the act of April 9, 1811, for enforcing
the provisions of the last-mentioned act, and declaring, that the
forfeiture of the boat or vessel found navigating against the provisions
of the previous acts shall be deemed to accrue on the day on which such
boat or vessel should navigate the waters of the State; and that
Livingston and Fulton might immediately have an action for such boat or
vessel, in like manner as if they themselves had been dispossessed
thereof by force; and that, on bringing any such suit, the defendant
therein should be prohibited, by injunction, from removing the boat or
vessel out of the State, or using it within the State. There are one or
two other acts mentioned in the pleadings, which principally respect the
time allowed for complying with the condition of the grant, and are not
material to the discussion of the case.
Public-domain text, read in full here on John Shaqi.
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