Chapter XV: Section 5: of this act will give the student the spirit of this

autocratic law. This section made it the "duty" of the State agent collecting the tax, after demand on and refusal of the bank officers to pay the tax, if he cannot readily find in the bank offices the necessary amount of money, "to go into each and any other room or vault ... and to every closet, chest, box or drawer in such banking house, to open and search," and to levy on everything found. (_Ib._ 193.)

[907] A private letter to Niles says that when it was found that an injunction had been granted, the friends of the bank rejoiced, "wine was drank freely and mirth abounded." (Niles, XVII, 85.) This explains the otherwise incredible negligence of the bank's attorneys in the proceedings next day.

[908] Niles, XVII, 85-87, reprinting account as published in the _Chillicothe Supporter_, Sept. 22, 1819, and the _Ohio Monitor_, Sept. 25, 1819.

[909] Niles, XVII, 147.

[910] _Ib._ 338.

[911] Report of Committee made to the Ohio Legislature and transmitted to Congress. (_Annals_, 16th Cong. 2d Sess. 1685 _et seq._)

[912] _Annals_, 16th Cong. 2d Sess. 1691.

[913] _Annals_, 16th Cong. 2d Sess. 1696-97.

[914] See vol. II, 72-74, of this work.

[915] _Annals_, 16th Cong. 2d Sess. 1712.

[916] _Ib._ 1713.

[917] _Ib._ 1714.

[918] See _infra_, chap. VII of this work.

[919] _State Doc. Fed. Rel._: Ames, 90; and see Niles, XVI, 97, 132.

[920] Pennsylvania House of Representatives, _Journal, 1819-20_, 537; _State Doc. Fed. Rel._: Ames, footnote to 90-91.

[921] _Ib._

[922] _Ib._ 91.

[923] See _infra_, chap. X.

[924] _State Doc. Fed. Rel._: Ames, 92-103.

[925] _Ib._ 92, 101-03.

[926] _Ib._ 91.

[927] See _infra_, chap. X.

[928] See vol. II, 397, of this work.

[929] Taylor: _Construction Construed, and Constitutions Vindicated_, 9.

[930] Taylor: _Construction Construed_, 11-12. Taylor does not, of course, call Marshall by name, either in this book or in his other attacks on the Chief Justice.

[931] _Ib._ 15.

[932] _Ib._ 16.

[933] _Ib._ 18.

[934] _Ib._ 25-26.

[935] _Ib._ 28.

[936] Taylor: _Construction Construed_, 77.

[937] _Ib._ 79.

[938] _Ib._ 84.

[939] _Ib._ 87.

[940] Taylor: _Construction Construed_, 89.

[941] _Ib._ 161.

[942] _Ib._ 233.

[943] _Ib._ 237.

It is interesting to observe that Taylor brands the protective tariff as one of the evils of Marshall's Nationalist philosophy. "It destroys the division of powers between federal and state governments, ... it violates the principles of representation, ... it recognizes a sovereign power over property, ... it destroys the freedom of labour, ... it taxes the great mass of capital and labour, to enrich the few; ... it increases the burden upon the people ... increases the mass of poverty; ... it impoverishes workmen and enriches employers; ... it increases the expenses of government, ... it deprives commerce of the freedom of exchanges, ... it corrupts congress ... generates the extremes of luxury and poverty." (Taylor: _Construction Construed_, 252-53.)

[944] See _infra_, 340-42; and see _infra_, chap. X.

[945] Taylor: _Construction Construed_, 314.

[946] Jefferson to Ritchie, Dec. 25, 1820, _Works_: Ford, XII, 176-78. He declined, however, to permit publication of his endorsement of Taylor's book. (_Ib._)