The American Judiciary

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The State of Ohio in 1819 passed a statute reciting that a branchof the United States Bank was transacting business there contraryto the law of the State, and imposing a tax upon it, in case itcontinued to do so, of $50, 000 a year, to be collected by theauditor and paid over to the treasurer. The auditor subsequentlysent a man to the bank who forcibly seized and carried off$98, 000 in specie. This was given to the State treasurer, whokept it in the treasury in a trunk by itself. The bank sued
...allthree for the money in the Circuit Court, setting forth all theseproceedings at length. Judgment went against them and, with aslight modification, was affirmed by the Supreme Court of theUnited States. It was held by Marshall in giving the opinionthat the statute was void; that the money had never becomemingled with the funds of the State; and that they were liablefor it precisely as if they were private individuals who hadwrongfully seized it. [Footnote: Osborn _v. _ Bank of theUnited States, 9 Wheaton's Reports, 738.

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