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Mr. Justice JOHNSON concurring in a separate opinion. Majority opinion of the Court. .
DECREE: This cause came on to be heard on the transcript of the
record of the Court for the Trial of Impeachments and Correction
of Errors of the State of NewYork, and was argued by counsel.
On consideration whereof, this Court is of opinion, that the several
licenses to the steam boats the Stoudinger and the Bellona, to
carry on the coasting trade, which are set up by the appellant,
Thomas Gibbons, in his answer to the bill of the respondent, Aaron
Ogden, filed in the Court of Chancery for the State of NewYork,
which were granted under an act of Congress, passed in pursuance
of the constitution of the United States, gave full authority
to those vessels to navigate the waters of the United States,
by steam or otherwise, for the purpose of carrying on the coasting
trade, any law of the State of NewYork to the contrary notwithstanding;
and that so much of the several laws of the State of NewYork,
as prohibits vessels, licensed according to the laws of the United
States, from navigating the waters of the State of NewYork,
by means of fire or steam, is repugnant to the said constitution,
and void. This Court is, therefore, of opinion, that the decree
of the Court of NewYork for the Trial of Impeachments and
the Correction of Errors, affirming the decree of the Chancellor
of that State, which perpetually enjoins the said Thomas Gibbons,
the appellant, from navigating the waters of the State of NewYork
with the steam boats the Stoudinger and the Bellona, by steam
or fire, is erroneous, and ought to be reversed, and the same
is hereby reversed and annulled: and this Court doth further DIRECT,
ORDER, and DECREE, that the bill of the said Aaron Ogden be dismissed,
and the same is hereby dismissed accordingly.
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