Volume IV Part 38 (2/2)

[896] This resolution declared that Virginia a.s.sented to the Const.i.tution only on condition that ”Every power _not granted_, remains with the people, and at their will; that _therefore no right of any denomination can be cancelled, abridged, restrained, or modified_, by the congress, by the senate, or house of representatives acting in any capacity; by the President or any department, or officer of the United States, except in those instances in which power is given by the const.i.tution for those purposes.” (_Journal_, House of Delegates, Virginia, 1819-20, 58.)

[897] _Journal_, House of Delegates, Virginia, 1819-20, 59.

[898] _Ib._ 76.

[899] _Journal_, House of Delegates, Virginia, 1819-20, 85.

[900] _Ib._ 105.

[901] _Ib._ 108-09.

[902] _Ib._ 179.

[903] _Ib._ 175-78.

[904] For Marshall's opinion in this controversy see _infra_, 347 _et seq._

[905] The second branch was established at Chillicothe.

[906] Chap. 83, _Laws of Ohio, 1818-19_, 1st Sess. 190-99.

Section 5 of this act will give the student the spirit of this autocratic law. This section made it the ”duty” of the State agent collecting the tax, after demand on and refusal of the bank officers to pay the tax, if he cannot readily find in the bank offices the necessary amount of money, ”to go into each and any other room or vault ... and to every closet, chest, box or drawer in such banking house, to open and search,” and to levy on everything found. (_Ib._ 193.)

[907] A private letter to Niles says that when it was found that an injunction had been granted, the friends of the bank rejoiced, ”wine was drank freely and mirth abounded.” (Niles, XVII, 85.) This explains the otherwise incredible negligence of the bank's attorneys in the proceedings next day.

[908] Niles, XVII, 85-87, reprinting account as published in the _Chillicothe Supporter_, Sept. 22, 1819, and the _Ohio Monitor_, Sept.

25, 1819.

[909] Niles, XVII, 147.

[910] _Ib._ 338.

[911] Report of Committee made to the Ohio Legislature and transmitted to Congress. (_Annals_, 16th Cong. 2d Sess. 1685 _et seq._)

[912] _Annals_, 16th Cong. 2d Sess. 1691.

[913] _Annals_, 16th Cong. 2d Sess. 1696-97.

[914] See vol. II, 72-74, of this work.

[915] _Annals_, 16th Cong. 2d Sess. 1712.

[916] _Ib._ 1713.

[917] _Ib._ 1714.

[918] See _infra_, chap. VII of this work.

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