[1144] All the Senators concurred except two, Lewis and Townsend, who declined giving opinions because of relationship with the parties to the action. (Ib. 589.)
[1145] Ogden protested against the Livingston-Fulton steamboat monopoly in a Memorial to the New York Legislature. (See Duer, 94-97.) A committee was appointed and reported the facts as Ogden stated them; but concluded that, since New York had granted exclusive steamboat privileges to Livingston, "the honor of the State requires that its faith should be preserved." However, said the committee, the Livingston-Fulton boats "are in substance the invention of John Fitch," to whom the original monopoly was granted, after the expiration of which "the right to use" steamboats "became common to all the citizens of the United States." Moreover, the statements upon which rested the Livingston monopoly of 1798 "were not true in fact," Fitch having forestalled the claims of the Livingston pretensions. (Ib. 103-04.)
[1146] 4 Johnson's Chancery Reports, 50-51. The reader must not confuse the two series of Reports by Johnson; one contains the decisions of the Court of Errors; the other, those of the Court of Chancery.
[1147] Act of April 6, 1808, Laws of New York, 1807-09, 313-15.
[1148] 4 Johnson's Chancery Reports, 51, 53.
[1149] Ib. 152.
[1150] Ib. 154.
[1151] Act of Feb. 18, 1793, U.S. Statutes at Large, i, 305-18.
[1152] 4 Johnson's Chancery Reports, 156.
[1153] 9 Johnson, 507 et seq.