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THE GENERAL ASSEMBLY

OF OHIO,
ON THE COMMUNICATION OF THE

AUDITOR OF STATE
Upon the subject of the proceedings

OF THE

BANK OF THE UNITED STATES,

AGAINST

THE OFFICERS OF STATE,

IN THE UNITED STATES' CIRCUIT COURT,

COMMUNICATED

BY THE

. Governor of Ohio, for the consideration

OF THE
NEW HAMPSHIRE LEGISLATURE.

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REPORT.

From the papers submitted to the committee, it appears, that in the month of September 1819, the Bank of the United States exhibited a bill in chancery, before the circuit court of the U. S. then sitting at Chillicothe, against Ralph Osborn, Auditor of the state of Ohio, and obtained, in that court an order of injunction against him, prohibiting him as Auditor from performing the duties enjoined upon him by the 6 Act to levy and collect a tax from all banks and individuals and companies and associations of individuals, that may transact banking business in this state, without being authorised to do so by the laws thereof." : It further appears, that the Auditor not being satisfied, before the time appointed by law for him to act, that an injunction had been ordered, is. sued his warrant in conformity to the law, under which the tax imposed by law was collected and paid into the state treasury.

It further appears, that the circuit court of the U. States, at their last term, adjudged that this act of official duty was a contempt of court, for com. mitting which they awarded a writ of attachment against the Auditor, returnable to Jan. term next.

It appears, also, that at the September term last, upon the application of the bank of the Uni.

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