ert Fulton. It was renewed once more in1807 and finally that August Fulton’s steamboat made its first successfultrip from New York to Albany. The following year the Legislature, fullyaware of the practical significance of Fulton’s achievement, passed a lawstating that for each new boat navigated on New York waters by Fulton andLivingston that they should be provided with a five year extension to theirmonopoly, which may not exceed thirty years. The monopoly was madefurther effective by not allowing for the travel of any other steam boatsalong New York waters, unless licensed by Fulton and Livingston. Anyunlicensed vessel should be forfeited to them. Naturally this monopolyworked hardships against on what would be Fulton and Livingston’scompetition. Neighboring states began to pass retaliatory laws against theNew York partners. In other words, as Cushman states on p. 187, “anachievement of which had seemed destined to enlarge the means ofcommunication and develop the commerce of the nation appeared to beembroiling the states in bitter antagonisms and commercial warfare such asprevailed during the dismal period of the Confederation.”Ogden and Gibbons had once been partners. They became rivals andGibbons began to navigate steamboats between two points in New Yorkunder the authority of a coasting license obtained from the United Statesgovernment. Ogden secured a license from Fulton and Livingston. UponOgden’s petition the New York court had enjoined Gibbons from continuinghis business. Chancellor James Kent had wrote the opinion of the court inthis case claiming the whole Hudson River belonged to New York, upholdingthe validity of the New York statute establishing the monopoly andrepudiating the idea that there was any conflict involved between federaland state authority. (Cushman, 187) Gibbons appealed to the SupremeCourt, presenting the first case under the commerce clause of theconstitution...
