The decision in the Gibbons v. Ogden case is, in my opinion, a very justand fair one. Many believe it to be the first anti- trust decision in U.S.history. The economic results cannot be over-estimated, a differentdecision could have resulted in completely different circumstances than withwhich we are accustomed to today. The free flow of commerce, which weseem to almost take for granted in modern economics and business, may havenever been a possibility without decisions such as this. Monopolies did notallow for equal division of business and therefore was unjust. If all men arecreated equal they should be given equal opportunities. The New YorkLivingston-Fulton monopoly clearly subjected any potential competition toharsh conditions that would make it impossible for them to keep up in theirbusiness. Travel by steamboat was much faster than any other means in thetime of this case and to give complete control to only one partnership wasunfair. Under the constitution Congress has the right to regulate commerce. Although the monopoly was a form of internal state trade regulation itdirectly impacted on inter-state trade after a number of states passed lawsto come back at the New York monopoly. Therefore, Congress had the rightto intervene and end the monopoly. To completely understand the impact of the Gibbons-Ogden decisionit is necessary to understand the situation surrounding it. In 1798 Robert R.Livingston secured an exclusive twenty year grant from the New Yorklegislature. By the terms of this grant he could exclusively navigate bysteam the rivers and other waters of the state, provided that within twoyears he should build a boat which would make four miles an hour against thecurrent of the Hudson River. The legislature had no faith whatsoever in theproject but the decision was still made against the many jeers. The termsof the grant were not met and it was renewed in 1803, this time toLivingston and his new partner, Rob...
