TWELVE PAMPHLETS ABOUT THE WHEELING BRIDGE CONTROVERSY BETWEEN VIRGINIA AND PENNSYLVANIA
33025This important case arose from the competition between Pennsylvania and Virginia for domination of the developing trade with western markets. The State of Virginia authorized construction of a bridge from Wheeling across the Ohio River. The State of Pennsylvania claimed that such a bridge would impede free passage of steamboats to Pittsburgh a major terminus of such trade. Pennsylvania sought to enjoin construction on the ground that the bridge was "a nuisance and an obstruction to interstate commerce on a navigable river" II Warren The Supreme Court in United States History 234. For years Pennsylvania had engaged in an ambitious program of canal railroad and turnpike improvements; the bridge it was claimed would diminish the value of these State-sponsored modes of transportation.<br/> The Supreme Court commissioned R. Hyde Walworth to determine whether the suspension bridge "is or is not an obstruction to the free navigation of the Ohio river at the place where such bridge is erected across the same by vessels propelled by steam or sails engaged or which may be engaged in the commerce or navigation of said river; and if it is such an obstruction what change or alteration if any can be made consistent with the continuance of the bridge across the said river that will remove the obstruction to the free navigation by such vessels." Congress also weighed in on the issue scheduling hearings at which the competing positions were aired passionately and in detail. <br/> "Few cases have ever excited greater interest or seemed to affect more extensively the internal commerce of the country than this celebrated controversy." Id. at 235. The Supreme Court held that Virginia's enabling Act unconstitutionally conflicted with Congress's power to regulate navigation and enjoined the construction as a nuisance. Dissenting Chief Justice Taney argued that Congress's failure to exercise its regulatory power left Virginia free to authorize construction of the bridge which in any event Pennsylvania had failed to prove was a public nuisance. <br/> <br/> The pamphlets are:<br/> <br/> a. Ellet Charles Jr.: THE WHEELING BRIDGE SUIT: A NOTICE OF ITS HISTORY AND OBJECTS ADDRESSED TO THE LEGISLATURE OF PENNSYLVANIA. Philadelphia: John C. Clark. 1852. 20pp. Disbound a bit roughly old rubberstamp on title page. With as issued large folding 'Map of the Western Railroads Tributary to Philadelphia With Their Rival Lines. Prepared Under the Direction of Charles Ellet Jr. Civil Engineer by W. Williams Map Engraver.' State boundary outlines in color showing rail lines east from Wisconsin and Illinois to the East Coast as far south as Virginia expert archival repairs at folds on blank verso bit of chipping to outer blank margin very small loss detached from text block. Good.<br/>Modelski 80. OCLC 25783946 9 as of July 2016.<br/><br/> b. REPLY TO A PAMPHLET ENTITLED "WHEELING BRIDGE SUIT: A NOTICE OF ITS HISTORY AND OBJECTS ADDRESSED TO THE LEGISLATURE OF PENNSYLVANIA." CONTAINING FACTS REPORTED BY CHANCELLOR WALWORTH TO THE SUPREME COURT. REASONS WHY THE SUIT NOW PENDING SHOULD NOT BE DISCONTINUED. <br/>np: 1852. 12pp stitched as issued. Light wear Very Good.<br/>Cohen 12043. OCLC locates four copies under two accession numbers as of July 2016.<br/><br/> c. Thompson George W.: THE WHEELING BRIDGE; AN ARGUMENT FOR ITS NATIONALITY AND PRESERVATION BY HON. GEO. W. THOMPSON OF VIRGINIA. Washington: Towers. 1852. 16pp. Disbound scattered foxing Good.<br/>OCLC 21314680 4 as of July 2016.<br/><br/> d. Ellet Charles Jr.: REMARKS TOUCHING THE WHEELING BRIDGE SUIT ADDRESSED TO THE HON G.W. THOMPSON. BY CHARLES ELLET JR. CIVIL ENGINEER. Philadelphia: John C. Clark. 1852. 24pp. Disbound. Light margin spotting Good.<br/>OCLC 21310267 11 as of July 2016. Cohen 12039.<br/><br/> e. WHEELING BRIDGE CASE. ABSTRACT OF THE EVIDENCE. Wheeling: Swearingen & Taylor Prs. 21 Water Street. 1852. 8pp. Caption title as issued Disbound else Very Good.<br/>Not located on OCLC as of July 2016. Norona 1101 2- NN Perry. <br/><br/> f. MEMORIAL OF THE WHEELING BRIDGE COMPANY TO THE CONGRESS OF THE UNITED STATES. WITH A RAIL ROAD MAP. THE WHEELING BRIDGE SUIT IS A PART OF A RAIL ROAD CONTROVERSY. Philadelphia: John C. Clark. 1852. 21pp. Disbound light margin spotting. With large folding map detached from text block couple of short clean fold splits entitled 'Map of the Western Rail Roads Tributary to Philadelphia.' Good.<br/>Modelski 80. OCLC records ten locations as of July 2016 under several accession numbers. Cohen 12053.<br/><br/> g. Ellet Charles Jr.: THE WHEELING BRIDGE. np: 1852. 6 2 blanks pp. Caption title as issued. Disbound roughly loose. Otherwise Good.<br/>OCLC 21310284 8 as of July 2016. Cohen 12040. <br/><br/> h. Wilkins William: STATE OF PENNSYLVANIA VS. THE WHEELING AND BELMONT BRIDGE COMPANY. ARGUMENT OF HON. WILLIAM WILKINS IN BEHALF OF THE CITY OF PITTSBURG. READ BEFORE THE COMMITTEE ON POST-OFFICES AND POST-ROADS OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES APRIL 21 1852. Philadelphia: Lippincott Grambo and Co. Printers. 1852. 15 1 blank pp. Disbound Good. <br/>OCLC 191317317 1- AAS as of July 2016.<br/><br/> i. WHEELING BRIDGE. MR. OLDS FROM THE COMMITTEE ON THE POST OFFICE AND POST ROADS MADE THE FOLLOWING REPORT.Washington: 1852. 16pp disbound probably incomplete other sources record 34 pages.<br/><br/> j. WHEELING BRIDGE. MINORITY REPORT OF THE COMMITTEE ON POST-OFFICES AND POST-ROADS OF THE HOUSE OF REPRESENTATIVES OF THE U.S. ON THE MEMORIAL OF THE WHEELING AND BELMONT BRIDGE COMPANY. Philadelphia: Lippincott Grambo and Co. Printers. 31 1 blank pp. Disbound scattered foxing Good.<br/>OCLC 21314636 2- U TX WI Hist. Soc. as of July 2016.<br/> <br/> k. Harding George: ARGUMENT FOR THE COMPLAINANT IN THE CASE OF THE STATE OF PENNSYLVANIA VS. THE WHEELING AND BELMONT BRIDGE COMPANY IN SUPPORT OF THE COMMISSIONER'S REPORT UPON THE NECESSITY AND UTILITY OF THE STEAM PACKET CHIMNEYS NOW USED ON THE OHIO RIVER. IN REPLY TO MR. RUSSELL. Washington: 1851. Original printed wrappers stitched 16pp. Light wear and mild spotting Very Good.<br/>Cohen 12041. OCLC records only a few copies some of which are Kirtas Technologies reprints.<br/><br/> l. Taney Roger B.: THE OPINION OF CHIEF JUSTICE TANEY IN THE WHEELING BRIDGE CASE. Richmond: Ritchie & Dunnavant. 1852. 14 2 blanks pp. Disbound else Very Good. Ownership signature 'Hon. Samuel W. Parker.'<br/>Cohen 12049. Not in Haynes. unknown books
