Report of the Joint Committee of Both Houses of 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 CourtHill and Moore, 1821 - 64 страница |
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Страница 26
... exemption from the operation of the power is stipulated by Congress . The natural inference from the silence of the charter upon this point , would seem to be , that the power of the states was recogniz ed , and that Congress were not ...
... exemption from the operation of the power is stipulated by Congress . The natural inference from the silence of the charter upon this point , would seem to be , that the power of the states was recogniz ed , and that Congress were not ...
Страница 33
... exempted from their responsibility by a contract with the United States . But a capacity to trans- act its associate ... exemption from personal responsibility for the company debts , and conferring a separate character upon the company ...
... exempted from their responsibility by a contract with the United States . But a capacity to trans- act its associate ... exemption from personal responsibility for the company debts , and conferring a separate character upon the company ...
Страница 34
... exempt from state taxation . If the committee have been able to understand the opinion of the supreme court , this conse- quence is deduced from the five following propo- sitions ; First - The government of the Union , though limited in ...
... exempt from state taxation . If the committee have been able to understand the opinion of the supreme court , this conse- quence is deduced from the five following propo- sitions ; First - The government of the Union , though limited in ...
Страница 38
... exempt from it , and , therefore , over the states and upon ques- tions involving the extent of their powers and au- thority , the government of the Union is not su preme . It cannot according to the hypothesis of the second proposition ...
... exempt from it , and , therefore , over the states and upon ques- tions involving the extent of their powers and au- thority , the government of the Union is not su preme . It cannot according to the hypothesis of the second proposition ...
Страница 39
... exempt its own op- erations from their influence . " Therefore , we may very properly add the con- sequent , it is competent for the government of the union , to remove all obstacles to its action , by so modifying the powers of the ...
... exempt its own op- erations from their influence . " Therefore , we may very properly add the con- sequent , it is competent for the government of the union , to remove all obstacles to its action , by so modifying the powers of the ...
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11th amendment agent amendment American Union Assembly asso Auditor authority bank bills of exchange capacity capital character Chillicothe cial circuit court citizens claim collected committee conceive compact conferred congress consequence consti constitution contracts corporate franchises corporation of trade court decided court of chancery decision defendant doctrine asserted duty employed ernment ex post facto exercise existence expressly federal courts forbidding implies a power individual injunction institution judge judicial judiciary jurisdiction justice Kentucky and Virginia legislature levy means ment natural person Ohio operations opinion parties political power porate power to create power to destroy power to preserve preme court principle private corporation privileges and exemptions proceeding proposition provision public officers punishment purpose Ralph Osborn remove all obstacles Resolved further sphere of action stitution suit supremacy supreme court tax the stock taxation taxing power tion trade and business treasurer tribunal tution United vate viduals
Популарни одломци
Страница 20 - ... limited by the plain sense and intention of the instrument constituting that compact, as no further valid than they are authorized by the grants enumerated in that compact ; and that, in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states, who are parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, rights,...
Страница 20 - That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode and measure of redress.
Страница 39 - If any one proposition could command the universal assent of mankind, we might expect it would be this : that the government of the Union, though limited in its powers, is supreme within its sphere of action.
Страница 48 - Philadelphia, because they are not authorized to regulate the police of that city. But one may be erected in relation to the collection of taxes, or to the trade with foreign countries, or to the trade between the States, or with the Indian tribes; because it is the province of the federal government to regulate those objects, and because it is incident to a general sovereign or legislative power to regulate a thing, to employ all the means which relate to its regulation to the best and greatest...
Страница 31 - It is chiefly for the purpose of clothing bodies of men in succession with these qualities and capacities that corporations were invented and are in use. By these means, a perpetual succession of individuals are capable of acting for the promotion of the particular object, like one immortal being.
Страница 31 - a corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence.
Страница 21 - But the proper answer to the objection is, that the resolution of the General Assembly relates to those great and extraordinary cases in which all the forms of the Constitution may prove ineffectual against infractions dangerous to the essential rights of the parties to it.
Страница 35 - It is of the very essence of supremacy to remove all obstacles to its action within its own sphere, and so to modify every power vested in subordinate governments as to exempt its own operations from their own influence.
Страница 31 - Among the most important are immortality, and, if the expression may be allowed, individuality ; properties by which a perpetual succession of many persons are considered as the same, and may act as a single individual.
Страница 63 - 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 Legislatures 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.