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Gibbons v. Ogden
''Gibbons v. Ogden'', 22 U.S. 1 (1824),〔(GIBBONS v. OGDEN, 22 U.S. 1 (1824) 22 U.S. 1 (Wheat.) ) Full text of the opinion courtesy of Findlaw.com.〕 was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation.〔(John Steele Gordon ) "10 Moments That Made American Business," ''American Heritage'', February/March 2007.〕 The case was argued by some of America's most admired and capable attorneys at the time. Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while US Attorney General William Wirt and Daniel Webster argued for Gibbons.
==Background==
In 1808〔 the Legislature of the State of New York granted to Robert R. Livingston and Robert Fulton exclusive navigation privileges of all the waters within the jurisdiction of that State, with boats moved by fire or steam, for a term of twenty years. Livingston and Fulton subsequently also petitioned other states and territorial legislatures for similar monopolies, hoping to develop a national network of steamboat lines, but only the Orleans Territory accepted their petition and awarded them a monopoly on the lower Mississippi.〔David P. Billington, Donald C. Jackson, Martin V. Melosi, (The History of Large Federal Dams: Planning, Design, and Construction in the Era of Big Dams ), pp 13-14, U.S. Department of the Interior, Bureau of Reclamation, Denver, Colorado, 2005〕
Aware of the potential of the new steamboat navigation, competitors challenged Livingston and Fulton by arguing that the commerce power of the federal government was exclusive and superseded state laws. Legal challenges followed, and in response, the monopoly attempted to undercut its rivals by selling them franchises or buying their boats. Former New Jersey Gov. Aaron Ogden had tried to defy the monopoly, but ultimately purchased a license from the Livingston and Fulton assignees in 1815, and entered business with Thomas Gibbons from Georgia. The partnership collapsed three years later, however, when Gibbons operated another steamboat on Ogden’s route between Elizabethtown and New York City, that had been licensed by the United States Congress under a 1793 law regulating the coasting trade.〔(【引用サイトリンク】title=A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875 )〕 The partners ended up in the New York Court of Errors, which granted a permanent injunction against Gibbons in 1820.〔 In the interim Gibbons also had taken on Cornelius Vanderbilt as his ferry captain, and later, his business manager.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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