Young v. the Bank of Alexandria

C. Simms, for the defendant in error, having obtained a rule on the plaintiff in error, to show cause why the writ of error should not be quashed, Roungs, E. J. Lee, and Jones, now showed cause; and read a printed paper produced by the other side, purporting to be the act of assembly of Virginia, of 1792, incorporating the bank, and giving them a right to obtain judgments against their debtors at the first term, without appeal or writ of error; another printed paper, also produced by the other side, purporting to be the act of assembly of Virginia, of the 21st of January, 1801, continuing the act of 1792, until the year 1811, which would otherwise have expired in the year 1803; the act of congress of the 27th of February, 1801, erecting the circuit court for the district of Columbia, and providing for an appeal or writ of error to this court, in all cases where the matter in dispute shall exceed the value of one hundred dollars, with a proviso that nothing in that act should impair the rights granted by, or derived from the acts of incorporation of any body corporate within the district; the act of assembly of Virginia, of 1789, ceding to the United States a territory for the seat of their government, and the act of congress of 1790, accepting the cession. They contended, 1. That when the legislature of Virginia passed the act of 21st of January, 1801, continuing the act of 1792, which incorporated the bank, the state of Virginia had no power to legislate for the district of Columbia, and therefore could not give continuance to the act of 1792, as a law in that district. The consequence of which is, that there is now no law in the district of Columbia which gives to the bank any exclusive privileges.