Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-05-22


II,u,""pfy course of their business, highly conf
''''.' an examination into them by strangers, so
10 "S II lmfhcatcs the individuals with whom the
S "N mas dealings, bears all the cxccptionable and
'".'uS properties of General Warrants and dorni.
VISITS. The principle of this protection to
uiiuuaI rights Is recognized in the charter of the
en-, " i'Se'i' and IN It's by laws BY the fifteenth
fundamental article of the charter limited power
10 Even TO Tie officer at the head of the Treasury
department, to inspect the general accounts and
lbs vi 'he bank, with an xprcss exception OF
account OF any individual, and in the by laws OF
Iu ''A' there is provision that no Stakeholder
i oc permitted to inspect an account of any per-
. "ith 'he Bank other than his own. The same
N'ic!ion Is not indeed applied to the authority
SN'I III the twentythird section of the charter TO
'"c committees OF either House of Congress, APP
po'.o" 10 inspect the books, and examine the pro-
coehgS oil the Corporations but that elton neither
So o' couid give powers of judicial authority to
oc oAercsed over any individual for purposes ofcx-
animation CT of trial. The Committee are TO in
sPcct 'he books and examine the proceedings of the
WI P"i1uon' and to report Mercon.. But they are
uu'nof'scu L" examine or report upon the ac-
counts or proceedings Of Individuals The exami-
ha'iohs by Committees authorised ly the charter
are from The context of the sections evidently ri
ven DIS preliminary means, for bringing the Corpo.
ration, In the event of NAL practice ON their mart
rear or suspected, before Judicial tribunal for tri-
ni'-h hchcver Committee appointed reports
that the charter has been violated, the final action
oil Congress IN the is limited TO the discretion
airy power OF directing that a scre (acigs should be
sued out from the Circuit Court of the L. States
ior ''e District OF Pennsylvania requiring the Cor.
poratloh TO show cause why their charter should
not be declared forfeited But so Justly and so
wisely tender was the Congress which constituted
the Corporation to reserve to the President and Di
rectors OF the Bank the enjoyment of their civil
iS"'s, tndt inc same section which gives tn Con-
gress this Con ro them Expressly provides that
tor the trial of the facts issue between them and
the United States upon the return of the Scirc
facias, they shall be entitled to the benefit of a
Juy The Corporation, therefore, cannot uti
n'ateiy su'cr by deprivation Of their rights upon
the unt"vorabc report of any Committee of Con
grcsS nor even by the order of Congress itself that
Sclrc facLis should be sued out. The protective
shield OF the Constitutions trial by jYry is extend
ca over thcn the sacred trusts of their franchises
is expressly placed under the guardianship of that
power conservative of all individual rghts-the
verdict Of their Peers.
In the present case, the resolution originally Of
tcred by the Chairmpn of this Committee was
ayowedly presented for another purposc-not with
view that the final action of the House upon the
result of the examination should be tie di rcc;ion
that Scire Facias should be sued out to cive the
Corporation the benefit provided for them hy the
law itself, Of fair trial by jury, but that by ran
sacklng all the books and proceedings of the Cor
Poratlon from It's brst organization to the present
day, some latent fraud, looseness, or irreguarity
might be detected in the proceedings of the PrcS
dent and Directors, present or pa t, of the Comma
NY which might be elaborated and wrought up into
an argument against the renewal of the charter of
the institution. This the avowed purpose of
member claiming the right of being considered as
perfectly fair, COOL and impartial Investigator of
those proceedings and at the same time that if
the result OF them should be TO 'cxororae from all
blame the responsible officers OF the Company, the
lnqusilor should still be at liberty vote and speak
against the renewal Of the charter upon the ground
OF Constitutional scrupcS.
only hy yirtua Of IN sc ,Lo
Act OF Incorporation of the Bank, that the House
possessed the power of appointing Il committee
with authority TO examine tue books and proceed.
lngs OF the CorPoraion and that section distinctly
indicated the purposes Tor which this power was
reserved, 1t was to furnish the means in the event
OF the commission OF gross abuses on the part Of
the frcsldent and Directors 10 PIT them mp0n triGl
The right of trying them is not reserved 20 the
House Itseif-nor can it by the House be conferred
upon any committee. 1t belongs exclusively to
the Ju. icial Courts. 1t is familiar argument TO
many eXpounders of the Constitution of the C. s.
that no power granted to Congress can be exercised
Tor any other purpose than tina; for which it was
granted. The Importance Of this principle ma be
seen III the consideration that it is the only ounda.
ton OF the argument agaist the eonstiiutionaliry
OF protective tariff. 1t is commended that grant
OF power 10 levy taxes, duties, and iinposts pay
inc hebts and provide for the common defence and
general welfare, cannot jusl be construed into a
power TO levy the same duties, taxes, mposs, and
excuses, for The protection of manufacturers III
thcre be any soundneSs in this prime pie, apply il to
TINS reservation of power i'll cihcr House OF Con-
greSs TO appoint investigating and examining Com
mltice on the Books aud Proceedings of the
Bank. The power is reserved for the purpose of
enabling either House of Congress put the Pres
ldenl and Directors upon trial Tor dcnqucncy--up-
on trial by the Judges of tbs Inud-upon trial by
Il jury OF the vIcmagc-lt is not reserved for the
purpose OF enabling Committee of the House 10
ruin the PRESIDENT and Directors in fortune or
putaIon by partial, prcjudiccd, electonccrimg re.
port; condemning them victims OF political ran
cohr, without law or justicc-without Judge Jul
ry-nor Is 1T reserved even to enable the House to
determine the cxpcdiency of renewing the charter
oil the bank. Inc power Is not reserved for that
purposes nor, if there he any soundness in the ar
glnent against the constilionairy OF the Protect
I've Iartt, can IT, be exercised Tor that purpose.
In this view OF the subject, the louise would not
even have possessed the lawful power OF appoint
ing the committee. The committee was appoint.
cd not for the purpose of putting the Prcsi.
dent and Directors of the Bank upon trial nor
was it intended by the mover of the resolution
that they should have the benefit of trial by
Jury.
it is not the intention of the subscriber TO press
this course of reasoning; TO which, in It's applca-
ton to the tariff he does not yield his assent. TO
those who hold the doctrine that the purpose for
which power is granted forms an Indispensable
condition for tine awtuuCss OF its exercise, hG leaves
the argument, to bear with It's proper weight. But
1t under power 10 appoint investigating commit
tees to ascertain by the verdict of a Jury whether
the charter has been violated or not cOnst rucivc
power is given to sport with the feelings, and for
tunes, aud reputation othonest and honorable men,
because they happen to hold tic Offices of Presi-
dent and Directors of the Bank Of the United States
there is surely no authority given in The Bank
Charter TO pry into the accounts and pccunlaTy trans
actions, and to scrutnizc the fortunes and charac
tcrs Of thousands Of individual citizens of the Union
merely because they have an account in Bank
which in the examination Of the books and pro-
ccedngs of the corporation, must incidentally be
disclosed. The subscriber is urdcr deep and in
dclible impression that no such power is given TO
Congress by the charter OF the Bank nor docs he