Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-10-15
RICHMOND, OCTOBER rs.
CANE OE OHI0

| ord"ches oi Tue u -. Bank IN OHIO has
/ gwen rise TO much angry declamai. n.
AS gel, The current has run almost one
| way. The act has been censured i'm very
severe terms by all The public prints we
nave seen. except some ~ The state of
OHIO. No apology has been allowed ::
No distinctions made beiuecn abstract
] rights and the means Of asserting tiem.
She has been charged will, re6tijion with
| Treason against The laws al the u. States.
She has brcn reprodched with having
disriaiinrd !ic Jurisdiction of The high
| est tribunal knnwu TO The constitution"
II has been said tha'" our republic can
no longer be called c0nrAd-raied. The
moment that The decisions of lis supr-.ne
! tribunal are disputed and resisted. Then
are as nnca ne Law IF the land, as The con-
stituti0 ITSELF"
| But let us not be hurried away BIZ this
burst of Indignation. Lei us calmly see,
whether Ohio has erred ia ayhat she has
| erred and let us MOI suffer ourselves 10
tall into all The errors which her critics
have sought 10 disseminate. iinwevcr
we may dislike the step which she las
| actually taken, let us uoi therefore sup
pose that there is M other step which she
had right and was bound 10 take, with
The Impressions which she enleriains upon
this subject
| But before we go into lie principles
OF The case, let us see 10 the facts. The
legislature of Ohio, believing the Bank
law TO be unconstitutional, aud that she
had right To lax ilr Bank, HAD rec On. 80.
TO Tins measure, Gefde he Fedora ou,i
pronounced lis celebrated opininn. How
then can the stale itself b.. charged with
rebellion against the DECISIONS OF hi. "su-
pfeme tribunal .'-Aiter The opinion was
pronounced, the legislature was not once
IN session, 10 revise lis law, uuti The law
| ITSELF "as 10 go into force. On the 18th
August the Auditor of the state, a mere
Ministerial officer, was Instruct ed 10 make
out his warrant for the tax. Even he
would have RETAINED from levying The
TAX, had All injunction been regularly
served upon him. lie waited until lie pa
pers that ~eie served upon hin,, were sub
united to counsel; who decided that they
ana rot amount 10 an injunction. Thctax
was then levied, and liz. money was depo-
Si'ed IN The treasury ofthe STATE. Ohio has
hoi thea BEEN guilty Of deliberate con-
Tempt Tor the deCi>ion OF the Supreme
Court. Her measures wer, taken previous
TO that decision; aud her own ministerial
agent would not have carried them into
effect, hal an Injunction been served uuou
htm conioFmabIy 10 that decision.-Ihis
explanation Is due 10 a state, which in
the ,iUes that tried mems souls" made as
ibahy sacrlhces TO supper, The rights OF
me u. Slales, as any other state in the
Federal Union.
| Suppose, however, that after the dcci-
SION was pronounced, The question came
before Ohlo--w'iat ought she 10 do p
| suppose lie tax TO have been levied, as
u really Is, what ought Ohio now 10 do 2
| ihese questions i'll fact, We regard in the
same light. What she might have done
/ before Tie law was passed, aud what she
ought 10 do after 1t has been carried into
execution, turn in fact upon the same
prInc'pIe-upon the rights aud duties
winch apprrtain 10 her after that deci
sion was pronounced.
buf has she any rights i'm the case p
Are not The decisions of lie supreme court
As much The law of the land, as the
constitution itself? Are they no! coaciu
slve upon The states and upon the people ?
| Do they not bar amy further measures on
lie part oil The state governments?
LII hrmiy giving "A negative TO these
propositions, we do not profess TO go into
q iaboured argument of oar own upon
them. We are satisfied With appealing 10
dotumtnt, which too mauy who knew
oil " nave forgotten: and which too iew
| OF those who are now entering upon the
! pnhiic slag'- have scarcely ever heard OF.
iet II Is document from the highest an
thority IN Tins country: from lie pen OF
James Madison, the man who of all
others contributed the most Ia the fedora!
constitution, and perhaps best under
STOOL IFS spirit; it was reported by him TO
the Va. Legislature in 90, and by them So
soiemnly adopted; twas adopted not only
by The distinguished republicans of that
body,but by The republican party through
out The union, as the best aud sounlesi
construction OF the federal constitution.
When that constitution was violated by
The alien and sediiion laws, the Virginia
Assembly came forward with their cele
! brated resolutions of 'gS. These we're
replied TO by the Federal Legislatures of
| Connecticut, Massachusetts. &c. and in
90, this linsirious Report, III SUI port of
the resolutions Of the preceding wear,
was ushefed 10 lhe world. What does
this ,fAt book OF The oil Republican party
say Does IL implicitly Weld 10 The
oracular orlni9ps nf he federal judiciary
Does II sanction the absurdiiy that The
rights OF one OF thu contracting parties
10 tbe federal agur are 10 b. ahjudicaled
away by the discretion OF the Oiherpariy !
| No-ihis was not The republican doctrine
OF % Whatever be the doctrine of 1919.
Tie following is the language OF 90, and
II Is Tie language OF truiIi
The Resolution having taken this view oil
the federal compact, proceeds to infer, " that
incdse Ola deliberate, pa. bile. aud dangerous
exercise OF other powers not granted 10y the
saId compact, the states who are parties ti,aIe-
| TO, nave the right, and are in duty bound ia
| inierpOse Tor aTresiing tie progress ofthc evil
| and tor maintaining within their respective
limits, the authorities, rights aud liberties APP
pertaining 10 them"
u appears TO your committee TO be plain