IN ASSEMBLY, FEB. 10, 1821. MESSAGE FROM HIS EXCELLENCY THE GOVERNOR. TO THE ASSEMBLY. GENTLEMEN- AT THE REQUEST OF THE GOVERNOR OF OHIO, I COMMUNICATE TO YOU, CERTAIN PROCEEDINGS OF THE GOVERNOR OF THAT STATE. DE WITT CLINTON. Ohio, Eleventh Amendment.

IN ASSEMBLY, FEB. 10, 1821. MESSAGE FROM HIS EXCELLENCY THE GOVERNOR. TO THE ASSEMBLY. GENTLEMEN- AT THE REQUEST OF THE GOVERNOR OF OHIO, I COMMUNICATE TO YOU, CERTAIN PROCEEDINGS OF THE GOVERNOR OF THAT STATE. DE WITT CLINTON.

Albany: 1821. Folio, stitched with caption title as issued, 'No. 64' at head of title. 24pp. Untrimmed. First six leaves with a light but persistent spot. Some toning. Else Very Good.

New York Governor Clinton transmits Ohio's Report, dated 22 January 1821, protesting a federal court decision favoring the Bank of the United States in its suit against Ohio. Recovering from the Panic of 1819, and resenting the activities of the Bank of the United States within its borders, Ohio levied a tax on banks doing business in Ohio "without being authorized to do so by the laws thereof." The Bank, an unwelcome presence, qualified for the tax; the Auditor [Osborn] collected it despite a federal court order prohibiting him from doing so. The court held Osborn in contempt. The Ohio Report, printed here, endorses the Virginia and Kentucky Resolutions of 1798. The stage was thus set for a classic confrontation between the claims of State Sovereignty and the supremacy of federal law.
In 1824 the U.S. Supreme Court settled this dispute in the landmark case of Osborn vs. Bank of the United States, 22 U.S. 738. Earlier, the Court in McCulloch vs. Maryland [1819] had endorsed Congress's power to create the Bank of the United States, and held that State taxation of the Bank was unconstitutional. But Ohio, attempting to skirt McCulloch, argued that the Eleventh Amendment, prohibiting litigation against a State by citizens of another State, barred the Bank's suit. In the Osborn case the U.S. Supreme Court ruled against Ohio. Chief Justice Marshall emphasized that the Bank had brought suit against the Auditor and not the State:
"The Eleventh Amendment of the Constitution has exempted a State from the suits of citizens of other States, or aliens; and the very difficult question is to be decided whether, in such a case, the court may act upon the agents employed by the State, and on the property in their hands... [T]he Eleventh Amendment, which restrains the jurisdiction granted by the Constitution over suits against States, is, of necessity, limited to those suits in which a State is a party on the record."
Not in American Imprints, Sabin, or Cohen. Not located on OCLC as of January 2020. Item #32161

Price: $1,000.00

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