Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce.

Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history.

Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.

The Impact of Illicit Trade Between the North and South During the Civil War
While Confederate blockade runners famously carried the seaborne trade for the South during the American Civil War, the amount of Southern cotton exported to Europe was only half of that shipped illicitly to the North. Most went to New England textile mills where business “was better than ever,” according to textile mogul Amos Lawrence. Rhode Island senator William Sprague, a mill owner and son-in-law to Treasury Secretary Salmon P. Chase, was a member of a partnership supplying weapons to the Confederacy in exchange for cotton. The trade in contraband was not confined to New England. Union General William T. Sherman claimed Confederates were supplied with weapons from Cincinnati, while General Ulysses S. Grant captured Rebel cavalry armed with carbines purchased in Union-occupied Memphis. During the last months of the war, supplies entering the Union-controlled port of Norfolk, Virginia, were one of the principal factors enabling Robert E. Lee’s Confederate army to avoid starvation. Indeed, many of the supplies that passed through the Union blockade into the Confederacy originated in Northern states, instead of Europe as is commonly supposed. Merchants were not the only ones who profited; Union officers General Benjamin Butler and Admiral David Dixon Porter benefited from this black market. President Lincoln admitted that numerous military leaders and public officials were involved, but refused to stop the trade.
            In Trading with the Enemy: The Covert Economy During the American Civil War, New York Times Disunion contributor Philip Leigh recounts the little-known story of clandestine commerce between the North and South. Cotton was so important to the Northern economy that Yankees began growing it on the captured Sea Islands of South Carolina. Soon the neutral port of Matamoras, Mexico, became a major trading center, where nearly all the munitions shipped to the port—much of it from Northern armories—went to the Confederacy. After the fall of New Orleans and Vicksburg, a frenzy of contraband-for-cotton swept across the vast trans-Mississippi Confederacy, with Northerners sometimes buying the cotton directly from the Confederate government. A fascinating study, Trading with the Enemy adds another layer to our understanding of the Civil War.