Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-02-21
assistant Surgeons.
1.-THE WHEELING BRIDGE CASE. )

The Pittsburgh Commercial Journal" gives an
abstract of the points made in the decision of this
case by the Supreme Court, as follows:
1s That the Ohio is public navigabe river the free
navigation Of which is secured by the regulations Of Con-
gress establishing ports Of entry and by public e1pend
lures to improve its navigation and by express compact
between Virginia and the other States when Kentucky
admitted into the Union, and Virginia is bound by
that compact
3D. That the States bordering on the Ohio river have
therefore, right obstruct its navigation by bridges
3d. That the Wheeling bridge does obstuct the steam
boat navigation of the Ohio river and is public nui-
sance.
4th That the obstruction of navigation ON the Ohio
river by the Wheeling bridge is injurious to the public
works Of Pennsylvania and to the Of the
9th. That the State of Pennsylvania has right to
maintain her suit for the abatement of the nuisance,
the ground Of its injury to her public works.
9Th That the State Of Pennsylvania, being proper
party e the anit the Supreme Court has original juris
diction to grant relief.
authorize it to grant relief prayed for In the BILL BY
re4Qyng the bridge comnAng IT TO be ei1vat0 % as
8th That the bridge must be raised to the height Of
hundred and eleven feet twenty feet higher than it
at the highest point for width of three hundred
feet over the channel Of the river.
TWAS suggested to the Court by Mr. REvERDY JoHN-
SON. the part of the defendants that the obstruction
might be removed by making draw the bridge. The
Court said they would hear notion if the defendants
desired to submit one on that point.
On this important subject we copy from the
Wheeling papers the following letter from the Rep
in Congress from that district:
HOUSE REPRESENTATIVES,, JAN. 81 1852.
DEAR SR lregret that any excitement alarm should
prevail in relation to the fate of the great monument of
the age which s been erected across the Ohio by the
enterprise and industry of small city as Wheeling
do not fear that the good and patriotism of Con-
gress will permit its destruction The whole matter is
under its control The decision Of the SUI
preme Court simply arms that rivers highways under
the jurisdiction of the General Government New and
startling this doctrine may be many carries along
with 1t the coordinate power Of legislation in Congress
over subject matter boldly and broadly claimed
simply state the principles it is clear it strike the
Judgment of every
That Congress- under the circumstances under which
the bridge constructed will fail to give it every pro-
lection which justice and patriotic expediency can
Afford do not, no can doubt These sufficient
for its protection and these all that invoke to
aid.
But Pennsylvania is treadng on dangerous ground.
The case if the proper effect Of the decision is at all
derstood decides that the question of bridging streams
navigating rivers, carrying commerce between the
States, is subject to the regulation Of Congress- and the
facts presented in may sustain bridge and in
another case may cause and justly cause bridge to be
taken down. The bridge the Ohio Wheeling may
stand most probably win stand the balance of advantages
the commercial and postal facilities greatly preponde
rating over disadvantages delays to the passage of
few boats with enormously disproporoned pipes while
Pennsylvania will present the of her own cause
the fatal oaths of her against their works
SO this case may prove to the Pennsylvania works lo
de Sc
Did it not operate in this way, the law of retaliation
which never advise but which has been powerful
incentive to human action, would in the worst event to
your structure be most sure to Pennsylvania.
Pennsylvania accomplish nothing but the work of
legalized vandalism this is the language of highest
authority which threatens wor-and in her own
success determine the and the of reri-
buve vengeance. The contemplation of course of con-
Of this kind between these parties is such that hope
the good temper the good TASTE and enlarged interest
and sound patriotism Of those portions of the country
which involved in the direct consequences of this de-
cson, and the passions which it has aroused viii inter-
pose successfully upon just and salutary terms.
Believing this to be the interest of all and the honor Of
OIL am your obedient servant,
GEORGE w. THOMPSON