The Opinion of the Supreme Court of the United States, in the Case of Gibbons Vs. Ogden, Delivered by Chief Justice Marshall, March 2, 1824: With a Preface, Containing an Historical Sketch of the Steam-boat ControversyJ. B. Van Steenbergh., 1824 - 28ÆäÀÌÁö |
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13 ÆäÀÌÁö
... ship of war , because both are vessels which navigate the ocean with sails and seamen . When congress imposed that embargo , which for a time engaged the attention of every man in the United States , the avowed object of the law was the ...
... ship of war , because both are vessels which navigate the ocean with sails and seamen . When congress imposed that embargo , which for a time engaged the attention of every man in the United States , the avowed object of the law was the ...
23 ÆäÀÌÁö
... ships or vessels of the United States , entitled to the privileges of ships or vessels employed in the coasting trade . " This section seems to the court to contain a positive enactment , that the vessels it describes shall be entitled ...
... ships or vessels of the United States , entitled to the privileges of ships or vessels employed in the coasting trade . " This section seems to the court to contain a positive enactment , that the vessels it describes shall be entitled ...
26 ÆäÀÌÁö
... ships and vessels . " This wise and humane law provides for the safety and comfort of passengers , and for the communication of every thing concerning them which may interest the government , to the department of state ; but makes no ...
... ships and vessels . " This wise and humane law provides for the safety and comfort of passengers , and for the communication of every thing concerning them which may interest the government , to the department of state ; but makes no ...
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acknowledged power act of congress admitted adopt American character appellee applied argument authorised boats carry passengers clause coasting license coasting trade commerce with fo commerce with foreign comprehends navigation conferred congress is authorized congress to regulate constitution construction declared decree denied effect Elizabethtown embargo enacted enrolled and licensed enumeration exclusive privilege exer exercise the power existence extend foreign nations Gibbons gress gulate implies imports or exports imposed injunction instrument interfere internal commerce Judge Duer laws of congress laws of New-York legislative legislature levy taxes licensed vessels Livingston and Fulton merce object OGDEN opinion passed patent right port power of congress power to regulate prescribing principle prohibition proper prove provisions purpose pursuance question regulate commerce regulation of commerce respecting restrain ships or vessels steam Stoudinger supreme court tion transportation of passengers turnpike roads understood Union United validity vessels employed vested in congress whole word commerce
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12 ÆäÀÌÁö - This would restrict a general term, applicable to many objects, to one of its significations, commerce, undoubtedly, is traffic, but it is something more — it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
12 ÆäÀÌÁö - America understands, and has uniformly understood, the word "commerce" to comprehend navigation. It was so understood, and must have been so understood, when the constitution was framed. The power over commerce, including navigation, was one of the primary objects for which the people of America adopted their government, and must have been contemplated in forming it. The convention must have used the word in that sense, because all have understood it in that sense; and the attempt to restrict it...
12 ÆäÀÌÁö - The mind can scarcely conceive a system for regulating commerce between nations, which shall exclude all laws concerning navigation, which shall be silent on the admission of the vessels of the one nation into the ports of the other, and be confined to prescribing rules for the conduct of individuals in the actual employment of buying and selling, or of barter.
15 ÆäÀÌÁö - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.
22 ÆäÀÌÁö - ... full power over the thing to be regulated, it excludes, necessarily, the action of all others that would perform the same operation on the same thing. That regulation is designed for the entire result, applying to those parts which remain as they were, as well as to those which are altered. It produces a uniform whole, which is as much disturbed and deranged by changing what the regulating power designs to leave untouched, as that on which it has operated. There is great force in this argument,...
11 ÆäÀÌÁö - ... for the purpose. But this limitation on the means which may be used is not extended to the powers which are conferred ; nor is there one sentence in the constitution, which has been pointed out by the gentlemen of the bar, or which we have been able to discern, that prescribes this rule. We do not, therefore, think ourselves justified in adopting it.
18 ÆäÀÌÁö - They form a portion of that immense mass of legislation, which embraces everything within the territory of a state, not surrendered to the general government ; all which can be most advantageously exercised by the states themselves.
14 ÆäÀÌÁö - States. Every district has a right to participate in it. The 'deep streams which penetrate our country in every direction, pass through the interior of almost every State in the Union, and furnish the means of exercising this right.
14 ÆäÀÌÁö - It has been truly said that commerce, as the word is used in the constitution, is a unit, every part of which is indicated by the term. If this be the admitted meaning of the word, in its application to foreign nations, it must carry the same meaning throughout the sentence, and remain a unit, unless there be some plain intelligible cause which alters it. The subject to which the power is next applied is to commerce "among the several states.
19 ÆäÀÌÁö - No direct general power over these objects is granted to Congress, and, consequently, they remain subject to State legislation. If the legislative power of the Union can reach them it must be for national purposes — it must be where the power is expressly given for a special purpose, or is clearly incidental to some power which is expressly given.