The Monte Allegre, [PRIZE. JUDICIAL SALE.] Mollan v. Torrance, [PRACTICE. JURISDICTION.] M'Gruder v. Bank of Washington, (PROMISSORY NOTE.] M'Iver, (Smith v.) [CHANCERY. JURISDICTION.]. McCreery v. Somerville, [LOCAL LAW. CONSTRUCTION OF Sebree v. Dorr, [LOCAL LAW. PROMISSORY NOTE.] 558 The St. Jago de Cuba, [INSTANCE COURT. Stephens v. M'Cargo, [LOCAL LAW.] Taylor v. Mason, [DEVISE.] 502 IMORANDUM. The case of Ogden v. Saunders, and the causes involving the question of the validity of the State bankrupt or insolvent laws, which were argued at the present term, by Mr. Clay, Mr. D. B. Ogden, and Mr. Haines, for the validity, and by Mr. Webster and Mr. Wheaton, against it, were continued to the next term, for advisement. It is the intention of the Editor to publish a separate account of these cases, on the rising of the Court at the next term, and in anticipation of the annual publication of the Reports. It is also his intention to commence with the next term a new series of the Reports, and to reduce the size of the type, so as to give room for the matter produced by the increased business of the Court, without swelling the volume to an inconvenient bulk. REPORTS OF THE DECISIONS IN THE SUPREME COURT OF THE UNITED STATES. FEBRUARY TERM, 1824. [CONSTITUTIONAL LAW.] GIBBONS, Appellant, v. OGDEN, Respondent. The acts of the Legislature of the State of New-York, granting to Robert R. Livingston and Robert Fulton the exclusive navigation of all the waters within the jurisdiction of that State, with boats moved by fire or steam, for a term of years, are repugnant to that clause of the constitution of the United States, which authorizes Congress to regulate commerce, so far as the said acts prohibit vessels licensed, according to the laws of the United States, for carrying on the coasting trade, from navigating the said waters by means of fire or steam. APPEAL from the Court for the Trial of Impeachments and Correction of Errors of the State of New-York. Aaron Ogden filed his bill in thé Court of Chancery of that State, against Thomas Gibbons, setting forth the several acts of the Legislature thereof, enacted for the purpose of securing to Robert R. Livingston and Robert Fulton, the VOL. IX. 1 1824. Gibbons Ogden. exclusive navigation of all the waters within the jurisdiction of that State, with boats moved by fire or steam, for a term of years which has not yet expired; and authorizing the Chancellor to award an injunction, restraining any person whatever from navigating those waters with boats of that description. The bill stated an assignment from Livingston and Fulton to one John R. Livingston, and from him to the complainant, Ogden, of the right to navigate the waters between Elizabethtown, and other places in New-Jersey, and the city of New-York; and that Gibbons, the defendant below, was in possession of two steam boats, called the Stoudinger and the Bellona, which were actually employed in running between New-York and Elizabethtown, in violation of the exclusive privilege conferred on the complainant, and praying an injunction to restrain the said Gibbons from using the said boats, or any other propelled by fire or steam, in navigating the waters within the territory of New-York. The injunction having been awarded. the answer of Gibbons was filed; in which he stated, that boats employed by him were duly enrolled and licensed, to be employed in carrying on the coasting trade, under the act of Congress, passed the 18th of February, 1793, c. 8. entitled," An act for enrolling and licensing ships and vessels to be employed in the coasting trade and fisheries, and for regulating the same." And the defendant insisted on his right, in virtue of such licenses, to navigate the waters between Elizabethtown and the city of New-York, the said acts of the Legislature of the |