930

OHIO SEIZES BANK PROPERTY.

1819.

These branches Ohio claimed the right to tax, and passed a law hy which, should they continue to transact business after the 15th of September, 1819, they were to be taxed fifty thousand dollars each, and the State Auditor was authorized to issue his warrant for the collection of such tax.

This law was passed with great deliberation, apparently, and by a full vote. The branches not ceasing their business, the authorities of the State prepared to collect their dues; this, however, the bauk intended to prevent, and for the purpose of prevention, filed a bill in Chancery, in the United States Circuit Court, asking an injunction upon Ralph Osborn, Auditor of State, to prevent his proceeding in the act of collection. Osborn, by legal advice, refused to appear upon the 4th of September, the day named in the writ, and in his absence, the court allowed the injunction, though it required bonds of the bank, at the same time, to the extent of one hundred thousand dollars   which bonds were given.

On Tuesday, the 14th of September, as the day for collection drew nigh, the bank sent an agent to Columbus, who served upon the Auditor a copy of the petition for injunction, and a subpoena to appear before the court upon the first Monday in the following January, but wdio had no copy of the writ of injunction which had been allowed. The petition and subpoena Osborn enclosed to the Secretary of State, who was then at Chillicothe, together with his warrant for levying the tax, requesting the Secretary to take legal advice, and if the papers did not amount to an injunction, to have the warrant executed; but if they did, to retain it.

The lawyers advised that the papers were not equivalent to an injunction, and thereupon the State writ for collection was given to John L. Harper, with directions to enter the banking house, and demand payment of the tax; and upon refusal, to enter the vault and levy the amount required. He was told to offer no violence, and if opposed by force, to go at once before a proper magistrate, and depose to that fact.

Harper, taking with him T. Orr and J. M'Collister, on Friday, September 17th, went to the bank, and first securing access to tbe vault, demanded the tax. The payment was refused, and notice given of the injunction which had been granted; but the officer, disiegardiug this notice, entered the vault, and seized in gold, silver, and notes, ninety-eight thousand dollars, which, on the 20th, he paid over to the State Treasurer, H. M. Curry.

The officers concerned in this collection were arrested and imprisoned by the United States Circuit Court, for a contempt of the