Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-11-09

ton of lie last referredt0 act is enj0ined,
anu your orators are informed. aud be-
lieve, 'ha, the said Ralph Osborn, audi
tor as qforeSsid, daily gives ouiiu speech
es that he will execute aud enforce The
provisions of said act of Ohio against
Your orators"-(Here follows some for
NAL matter IN the same style, when comes
me prayer tor AN injusc,ion, as follows j
Your orators pray your honors TO STAY
and enioin SAID Ralph Osborn, auditor
" as aforesaid, and all others whom il may
:, concern IN any wise, from proceeding
against your orators under and IA rirtae
-" eftae act IF Ohio as aforesaid, or any Sec
tom. part or precision thereof Aud par
iicularly, that your honUrs will eniHin
said Ralph Osborn, dUditorcS aforesaid.
" from charging The bank of the United
states, on The 10Th day of the present
month ofSepiembrr, or on The 10Th day
" OF September in any year hereafter.
with a tax of fifty thousand dollars up-
. on either OF the offices established il, The
. stale OF Ohio by The directors of The
said bank as aforesaid that your hon
ers Will also enjoiii said Ralph Osborn,
auditor as aforesaid, fron making out
any warrant, or appointing or authors
iiig any PRISON Or persons 10 e9echte alt.
eitdcr or any Of the provisions Of tie sad
orators, or either al the offices establish.
" cd iii The State Of Ohio lis Aforesaid"
III must be reroliecied That AN amend
nent 10 the constitution OF the United
States provides. th2l the judicial power
OF The United STATS shall not be con-
strued 10 extend 10 any suits, in law or
equity, commenced or prosecuted "a
Salnst one oil HE u. States, by clllzens
OF another state, OF by citizens or sub
Iecis oil any foreign stale" The pro-
ceedlnss Just reciied are against lie
state. TIE party complained against is
The legislature. Tie person enjoin.d is
The aud.t 0y If tie state. The act prohh.
lied Is the execution of all, either on ann
Of nc P'oraSions Of the act of'the Legislature
Of Quo. 4 stateis mere abstract entity,
and can be only acted upon through lis
officers. Here Is a suit brought against
those officers. Process of The federal
court Is interposed 10 control The coliec-
ton at the state revenue, aud TO prohibit,
III express terms, tue slate officer from
executing the laws OF The State Ii the
federal court possess this power in one
case, or III favor of one sci of persons.
where Is the timlt Ufthis power to be iouud2
The non resident land holder nav say the
tax upon his land is unconstitutional. and
cal, upon the federal court to prohibit its
collection. The Yankee iin-cart man
may take the same ground and make The
same application. The alien veudcr of
foreign goods has the same rights-n v,
there is scarcely subject OF state reye-
nue, but some branch OF its collection
may be brought under federal cogniSa9ce
and arrested.
In the celebrated Olmstcad case ,l,e
federal court SET up no such doctrine
They say III that case that ' the state
" cannot be made deiendan, 10 a suit bro't
" by an individual. But it remains tIie
duty OF tue courts OF the United States
10 decide all cases brO'i before them by
clllzens oil one STATE against citizens
oil different stale, Uhere Sfate as not
necessarily defendani." And they sus-
tain the jurisdiction OF the federal court
Ill Olmstead'S case upon tie express
ground that " The Suit sraS not instituted
" against tue state OR ITS TREASURER.
but against the executors of David Ritz
lenbouse." But here L" the bank of fhe u.
States is party; and 30 much arr we
dazzied aud cOntoundcd sfits importance,
as 10 forget constitutions and principles.
aud every thing heretofore held sacred !
Ibe solicitors OF the bauk made blum
der, 1t Is supposed, in serving the injunc-
ton The warrant was issued and lie
money collected. The Injunction prayed
foe III the bill, anil allowed By the court,
was 10 prohibit harging the tax and max!
ING Out warrant, and appOiHliuga person
| To- collect II. Alter the collection vas
| ctecied, The solicitors OF the bank took
rom The clerk an injunction OF quite
another character. Besides the acts
| enioiued, they added an Injunction
against paying owe: the lax or making a
| report OF lis collection TO The legislature,
! For tins the order OF The court. gllowinn
| The lEJuHciIou, gave no authority and ii
| is another proof Of the eGtpnt 10 WHICH
The agents Of The bank supposed Them
selves authorised TO control The proceed
lngS OF the state by injunclions lToa, the
federal court.
am accustomed 10 respect judicial
| decisions. / am no ads Ocafe fnr rash or
IniempeIate proceedings. But do s,ri-
| ously believe that no STATE ought 20 submit
to lliis klnd of proceeding without sAinc
| efforts 10 resist II. 70 obey he injunc-
toh: TO enter an appearance io a snil ara
become voluntary liligani IN the federal
| court, III my opinion, would be Welding
more hian hall the groand Tile state can
mol be made dgfei1aHl. But size can vol.
unfairly become Ohs and then. pcrIiaps
The objection 10 the jurisdiction would be
toV late.
! Since writing the foregoing have seen
your Register Of the 9th, aud also ,le
National lnIelligencer's remark that Tie
authors and abeitOFs of this measure
have much TO answer for. ! am really
amused al Mr.. Gales apprehension of q
iragIcal termination of the farce. | have
ever regarded Tie measure as serio US
one, get IN reality il is nothing but mat.
Ter OF judicial investigation and stands