But it preserves untouched their corporate franchises, and concedes them every right and privilege which a natural person is entitled to claim. It presents no obstruction to the legitimate action of the government of the Union; but places it, in the establishment of private corporations of trade, upon the same foundation, as in erecting light houses and constructing roads.

It is in nothing derogatory to this corporation, called the Bank of the United States, nor to the government of the Urion that created it, to place its trade upon the same footing with that of a private citizen employed by the government. The contractor, to transport the mail, must use horses and carriages; without them he cannot comply with his contract. They are means, or instruments employed by government; but they are subject to state taxation as other property of the same description. This has been an universal practice, and has never been deemed any obstruction to the action of the government of the Union. The State cannot tax the transportation of the mail, without obstructing the action of the government: but were an association incorporated to transport the mail, all over the union, with capacity to trade in live stock and agricultural products, there can be no doubt but that their private trade and property would be subject to state taxation.

The committee have not deemed it necessary to examine any argument founded upon a supposed abuse of power by the states. As between states every argument of this sort is inadmissible, because it may be urged with equal force against the exercise of any power by either, and concludes to the destruction of all authority. There can be no doubt, but that the states will, at all times, be ready to encourage rather than repress the introduction and employment of capital within their dominion, where it may probably be of any general

advantage. Of this, the state authorities are
much more competent judges than capitalists or
their agents at a distance can be. It must always
be unwise to force capital into a country, against
the sense of those who administer the government.
That the bank has sustained great losses, by send-
ing branches into this state, is now notorious; that
their trade and loans have been highly injurious to
all the best interests of the state, cannot be dispu-
ted. This loss on one band, and injury on the oth-
er, would have been avoided, had the bank con-
sulted the authorities of the state, instead of hold-
ing counsel with money jobbers and speculators.

The committee have carefully examined the
subject, and without pretending to present it in all
the views of which it is susceptible, have urged on-
ly those which appear to them most prominent.
The result of their deliberations is that the Bank
of the United States is, in their opinion, a mere pri-
vate corporation of trade, and as such, its trade
and business must be subject to the taxing power
of the state.

In considering what course the committee should recommend as proper to adopt at this time, one point of difficulty has presented itself. It is urged by many, that the tax levied and collected, is enormous in amount, and therefore unequal and unjust. It is readily admitted, that this allegation is not entirely unfounded, and all must agree, that it does not comport with the character of a state to afford any color to accuse her of injustice. Even in the assertion of a right, it is highly derogatory for a state to act oppressively, and all injustice is oppression. It cannot be doubted, but that the tax was levied as a penalty, and that it was not supposed the bank would venture to incur it. It was an act of temerity in them to do so, and although in this view the tax was justly, and in the opinion of the committee, legally collected, yet under all

the circumstances of the case, the committee conceive that the state ought to be satisfied with ef fecting the objects for which the law was enacted.

At this time the bank can have little object in continuing its branches except to maintain the point of right, which may not be definitely settled by the controversy. The state having refused to use the money collected, has no interest but that of character, and an assertion of the right. If an accommodation can be effected without prejudice to the right upon either side, it would seem to be desirable to all parties. With this view, as well as with a view to remove all improper impressions, the committee recommend, that a proposition of compromise be made by law, making provision, that upon the bank discontinuing the suits now prosecuted against the public officers, 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.

But the committee conceive, that the General Assembly ought not to stop here. The reputation of the state has been assailed throughout the United States, and the nature of the controversy, and her true course of conduct have alike been very much misunderstood. It behoves the General Assembly, even if a compromise be effected, to take measures for vindicating the character of the state, and also for awakening the attention of the separate states, to the consequence that may result from the doctrines of the federal courts, upon the questions that have arisen. And besides, as it is possible that the proposition of compromise may not be accepted, it is the duty of the General Assembly to take ulterior measures for asserting and maintaining the rights of the state, by all constitu tional means within their power.

In general, partial legislation is objectionable.

But this is no ordinary case; and may therefore call for, and warrant extraordinary measures.Since the exemptions claimed by the bank are sustained, upon the proposition that the power that created it must have the power to preserve it, there would seem to be a strict propriety in putting the creating power to the exercise of this preserving power, and thus ascertaining distinctly, whether the executive and legislative departments of the government of the union, will recognize, sustain and enforce the doctrine of the judicial department.

For this purpose, the committee recommend, that provision be made by law, forbidding the keepers of our jails from receiving into their custody, any person committed at the suit of the bank of the United States, or for any injury done to them; prohibiting our judicial officers from taking acknowledgments of conveyances, where the bank is a party, or when made for their use, and our recorders from receiving or recording such conveyances; forbidding our courts, justices of the peace, judges and grand juries, from taking any cognizance of any wrong, alleged to have been committed upon any species of property, owned by the bank, or upon any of its corporate rights or privileges, and prohibiting our notaries public from protesting any notes or bills, held by the bank cr their agents, or made payable to them.

The adoption of these measures, will leave the bank exclusively, to the protection of the federal government, and its constitutional power to preserve it in the sense maintained by the supreme court, may thus be fairly, peaceably and constitutionally tested. Congress must be called to provide a criminal code, to punish wrongs committed upon it, and to devise a system of conveyances, to enable it to receive and transmit estates; and being thus called to act, the national legislature must

be drawn to the serious consideration of a subject, which the committee believe demands much more attention than it has excited. The measures proposed are peaceable and constitutional; conceived in no spirit of hostility to the government of the union, but intended to bring fairly before the nation great and important questions, which must one day be discussed, and which may now be very safely investigated.

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 do recognize, and approve the doctrines asserted by the legisla tures 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 cir cuit 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 corporate business within any state.

Resolved further, That the bank of the United