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 Court
Hill and Moore, 1821 - 64 страница
action admitted agent amendment application Assembly asserted Auditor authority bank bill called capacity capital carry character charter circuit court citizens claim collected committee compact conceive conclusive conferred congress consequence considered constitution contracts corporate franchises corporation corporation of trade created decided decision defendant departments direct doctrine doubt duty effect employed established executed exempt exercise existence facts federal courts founded further granted House important incorporation individuals injunction institution interest judge judicial jurisdiction justice legislature levy maintain means ment never object Ohio operations opinion parties perform person political power to create power to preserve present preserve principle private corporation privileges proceed proceeding proposition provision punishment question Ralph Osborn received regarded regulate resolutions Resolved respect sense serve sphere stand suit supposed supremacy supreme court term tion trade treasurer true union United vested whole
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.