Ohio History Journal

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54 Ohio Arch

54         Ohio Arch. and Hist. Society Publications.


tion dissolved; but Nelson agreed with Wayne, Grier and Curtis in the

opinion that an attachment should issue, since there was no power in

Congress to interfere with the judgment of the court under pretense

of power to legalize the structure or by making it a post road.

Justice McLean dissented, feeling that the principle involved was

of the deepest interest to the growing commerce of the West, which

might be obstructed by bridges across the rivers. He opposed the idea

that making the bridge a post road (under the purpose of the act of

July 7, 1838,) could exempt it from the consequences of being a nuisance.

He regarded the act of Congress as unconstitutional and void; and,

although he admitted the act might excuse previous contempt, he

declared that it could afford no excuse for further refusal to perform

the decree.

A sequel to the preceding case arose in the same term of court

(December, 1855,) on motion of the counsel for the bridge company for

leave to file a bill of review of the court's order of the December term

of 1851, in regard to the costs. The court had already determined that

the decree rendered for costs against the bridge company was un-

affected by the act of Congress of August 1, 1852; but the court

declining to open the question for examination declared "there must be

an end of all litigation."38.

The later history bearing upon the subject here treated-the later

regulation of the construction of bridges across the Ohio under act of

Congress, the later opposition which found expression against the con-

struction of bridges such as the railroad bridges of Parkersburg and

between Benwood and Bellaire39 (which were completed in 1871), the

decline of old local prejudices and jealousies, and the rise of new problems

of transportation resulting from the extension of railways, cannot be

considered within the scope and limits of this monograph.

Professor Callahan was followed by Editor Wiley of Eliza-

beth, Pa.








The coming of the steamboat on the western rivers was soon

followed by the end of a movement in the commerce of the region,

which seems strange as we compare it with present-day conditions and

activities. To think of Pittsburgh and the river towns of the Ohio basin

38 U. S. Supreme Court Reports, 18 Howard, 460-463.

39 Wheeling Intelligencer, April 13 and April 20, 1869.