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[graeginator]

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[gibbonsvogden-blog]

argument of the defense

The defense of Aaron Ogden was led by Thomas Addis Emmet and Thomas J. Oakley. Their argument focused on a very narrow view on commerce. Since New York was a ‘independent’ state, it should be fully empowered to deal with the commerce in the state; it was also argued that the country and the state had concurrent power over commerce so New York State could regulate their own commerce without government interference. It was made clear that Ogden had an exclusive license that was legal, meaning that if Gibbons wanted to have his boats use the route, he would have to pay Ogden. The main point argued was that New York should be able to deal with their own interstate matters, especially commerce.