Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Roscoe
Gibbons v. Ogden was limited to actual commerce, and further, limited to commercial commerce, and specifically exempted personal commerce.

False. No quotes from the decision, naturally.

In the progress of things, this seems to have grown into a particular employment, and to have attracted the particular attention of government. Congress was no longer satisfied with comprehending vessels engaged specially in this business, within those provisions which were intended for vessels generally; and, on the 2d of March, 1819, passed 'an act regulating passenger ships and [22 U.S. 1, 218] vessels.' This wise and humane law provides for the safety and comfort of passengers, and for the communication of every thing concerning them which may interest the government, to the Department of State, but makes no provision concerning the entry of the vessel, or her conduct in the waters of the United States. This, we think, shows conclusively the sense of Congress, (if, indeed, any evidence to that point could be required,) that the pre-existing regulations comprehended passenger ships among others; and, in prescribing the same duties, the Legislature must have considered them as possessing the same rights.

Passengers and their personal affects and affairs are address in previous law. Ogden v Gibbons is concerned with the navigation of the ship, absent any concern for the personal effects and affairs of the passengers.

600 posted on 10/04/2002 6:58:44 AM PDT by tacticalogic
[ Post Reply | Private Reply | To 591 | View Replies ]


To: tacticalogic
1. specifically exempted personal commerce.

2. In the progress of things, this seems to have grown into a particular employment, and to have attracted the particular attention of government. Congress was no longer satisfied with comprehending vessels engaged specially in this business, within those provisions which were intended for vessels generally; and, on the 2d of March, 1819, passed 'an act regulating passenger ships and [22 U.S. 1, 218] vessels.' This wise and humane law provides for the safety and comfort of passengers, and for the communication of every thing concerning them which may interest the government, to the Department of State, but makes no provision concerning the entry of the vessel, or her conduct in the waters of the United States. This, we think, shows conclusively the sense of Congress, (if, indeed, any evidence to that point could be required,) that the pre-existing regulations comprehended passenger ships among others; and, in prescribing the same duties, the Legislature must have considered them as possessing the same rights.

No "specific" exemption of "personal commerce", whatever that means.

Not even a mention of "personal commerce."

You made it up.

609 posted on 10/04/2002 8:55:32 AM PDT by Roscoe
[ Post Reply | Private Reply | To 600 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson