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* See Livingston vs. Van Ingen, 9 Johnson, 807 ; also Kent's "Commentaries", I, 432-38. Marshall pronounced the Fulton-Livingston monopoly inoperative so far as it concerned vessels enrolled under the Act of Congress to engage in the coasting trade; but in arriving at this very simple result his opinion takes the broadest possible range.
Early in the century representatives of the Fulton-Livingston monopoly were at the shores of Lake Ontario to prove that their steamboats could master the waves of the inland sea and serve commerce there as well as in tidewater rivers.
Steamboats were first run on the Great Lakes by enterprising Buffalo citizens who, in 1818, secured rights from the Fulton-Livingston monopoly to build the Walk-in-the-Water, the first of the great fleet of ships that now whiten the inland seas of the United States.
A circumstance which made the case the more critical was that New Jersey and Connecticut had each passed retaliatory statutes excluding from their waters any vessel licensed under the Fulton-Livingston monopoly. The condition of interstate commercial warfare which thus threatened was not unlike that which had originally operated so potently to bring about the Constitution. * 9 Wheaton, 1.
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