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Sign up freeThe Hillsborough Recorder
Hillsboro, Orange County, North Carolina
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Ohio legislature's joint committee reports on controversy with Bank of the United States, proposing compromise on pending tax suits in exchange for bank withdrawal from state. Adopts resolutions affirming Kentucky and Virginia states' rights doctrines, protesting federal court actions, asserting state taxing rights over federal corporations, and calling for transmission to other states and federal officials.
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BANK OF THE UNITED STATES
A joint committee of the legislature of Ohio have made a very long report, to both houses, on the subject of the controversy with the bank of the United States. In the report it is proposed, that a compromise be made by law, providing "that upon the bank discontinuing the suits now pending against the public officers of the state, and giving assurance that the branches shall be withdrawn, and only an agency left to settle its business and collect its debts, the amount collected for tax shall be paid without interest."
The committee conclude, by recommending the adoption of the following resolutions:
Resolved, by the general assembly of the state of Ohio, that in respect to the powers of the governments of the several states, that compose the American Union, and the powers of the federal government, this general assembly recognize and approve the doctrines asserted by the legislature of Kentucky and Virginia, in their resolutions of November and December, 1798, and January 1800, and do consider that their principles have been recognized and adopted by a majority of the American people.
Resolved further, That this general assembly do protest against the doctrines of the federal circuit court, sitting in this state, avowed and maintained in their proceedings against the officers of state, upon account of their official acts, as being in direct violation of the 11th amendment to the constitution of the United States.
Resolved further, That this general assembly do assert, and will maintain, by all legal and constitutional means, the right of the states to tax the business and property of any private corporation of trade incorporated by the congress of the United States and located to transact its corporation business within any state.
Resolved further, That the bank of the United States is a private corporation of trade, the capital and business of which may be legally taxed in any state where they may be found.
Resolved further, That this general assembly do protest against the doctrine, that the political rights of the separate states that compose the American Union, and their powers as sovereign states, may be settled and determined in the supreme court of the United States, so as to conclude and bind them, in cases contrived between individuals, and where they are no one of them, parties direct.
Resolved further, That the governor transmit to the governors of the several states, a copy of the foregoing report and resolutions, to be laid before their respective legislatures, with a request from this general assembly, that the legislature of each state may express their opinion upon the matters therein contained.
Resolved further, That the governor transmit a copy of the foregoing report and resolutions to the president of the United States, and to the president of the senate, and speaker of the house of representatives of the United States, to be laid before their respective houses, that the principles upon which this state has, and does proceed, may be fairly and distinctly understood.
Resolved, That members of the senate, and members of the house of representatives, be appointed to prepare and bring in bills, pursuant to the recommendations of the foregoing report.
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Domestic News Details
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Ohio
Outcome
proposal for compromise on tax suits; adoption of resolutions protesting federal doctrines and affirming state rights to tax federal corporations.
Event Details
Joint committee of Ohio legislature reports on controversy with Bank of the United States, proposing legal compromise where bank discontinues suits against state officers and withdraws branches in exchange for tax payment without interest. Recommends resolutions recognizing Kentucky and Virginia doctrines on states' rights, protesting federal circuit court actions as violating 11th Amendment, asserting state taxing rights over federal corporations like the Bank, protesting Supreme Court jurisdiction over state rights in individual cases, and directing governor to transmit report to other states and federal officials for opinion and understanding.