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

schtlhg so Tar as the views OF the bOusc hdu been
manifested, minority of the House
There was accordingly no restriction TO the la
ttute of investigation, as j, had been proposed in
the original motion OF the Chairman oil the com.
mlitcc. No objection was made on the part of the
PRESIDENT and Directors OF the Bank, excepting
that the President did remind the committee OF the
confidential nature OF the transactions between the
Bank and its customers, with the assurance Of his
reliance that it would be considered and respected.
All their books and all the accounts OF individuals
with the Bank, called for by any member of the
COMMITTEES, were exhibited to them. Had there
been member of the committee tnrstiag Tor the
ruin OF a personal enemy, political adversary,
ana who, by this inguiSiti"n into the accounts Of
all who had dealt with the Bank, could have been
put IN possession o.! facts, the disclosure OF which
might have destroyed his peace his fortune, or his
| tame, the opportunity afforded him by this course
ot proceeding would have been TOO inviting 10 have
| been resisted. That there such member
upon the COMMITTEES, the subscriber does not affirm.
| The eagerncSs with which private accounts were
sought Tor; and III an especial manner, those Of I'd.
itors OF newspapers, members of Congress, officers
| OF Government, and all indeed poSscssin. polite
influence themselves likely tn suffer in public
estimation 10y exposure of their private and pccun-
airy concerns. flowed, it is to be presumed, uitogeth
er from patriotic principles, and stern abhorrcucc
OF corruption. The natural and irresistible ten
dency OF all Investigations conducted on such prn
ciprs, mus, he I" substitute passion in the place of
justice, and political rancour in the place of mpar
taity. In all tines or party excitement the mem
bers OF the Legislative Assembly placed in att
tudcs oil keen and ardent opposition to each her
| We .!iavo constant experience OF the personal ami
inoSil cs INTO which all debates questions OF deep
public interest are continually running. An indi
vidual member ofthis House, who presents himself
IN the attitude OF an accuScr, not only calls for the
investment III himself of extraordinary power
but ii he prosecute himself, the accusation claims
the exercise of powers which in general system
tor The administration of equal Justice can ever be
united The spirit of the prosecutor, is not the
spirit Of the judge. Whoever voluntarily assumes
cI.I Icc Al
lmPeachublc performance of The latter.
During the present session OF Congress two in |
stances have occurred OF enquiries instituted into
the conduct of the Executive Officers of this Go |
vcrnincnt-one bearing upon the second Auditor |
of the Treasury and the other upon the Commits |
siomcr of the General Land Office. In each Of
these cases the member insttuting the enquiry, |
moved It's reference TO Committee of which he |
was not himself member. There was no Law,
nor even any rule of the House which impcrat i've
y required this; but the members themselves felt
tic dc'icacy OF their situations and of their
cord Invested themselves of that nyid!os comb
nation of character which unitcs the prosecutor !
and the Judge. The prosecution of the Bank las
Dcen the only exception TO this Of proceed
ing. The Chairman of The Committee commenced
ms career as prosecutor by exhibiting his ind.ct-
ment, SO called Ivy himself, of twenty-five CHARGES
! against the Bank. The Bank is Il Corporation con |
siStimg OF President, Directors, ana company of
Stockholders. The Bill of indictment, therefore,
being ostcnsibly against Tie Bunk, seemed to be !
Invested of personal nnimosliy, and this rerh>p.
may have induced the Chairman to lose the con
scousnesS of incongruty in the exercise at once
OF prosecuting and oi judicial powers. These OBJ
serNatlonS are deemed indlspSnsabIy necessary to
e!uciatc the spirit in which the examination was
conducted--partaRing throughout of this unusual
union of the prosecuting and of the judicial cha
racter. Among the charges exhibited by the in
dlctment, not ostcnslbly against any individual
but against the Bunk OF Su6sidisinr tie
Press by special iavors and accommodations to
editors of newsPaPcrs-anothcr for special tavors
and accommodations to members OF Congress-
In all this the Chairman OF the Committee APP
pears to have entertained the opinion that be-
cause the charges were in form against the Bank
they were not at all to be considered as affect
ing the integrity of the persons upon WHOM they
might chance 10 fall. lie frequently disclaimcd Ill
intention of putting upon trial the character OF the
President of the Bank and nc appears to have been
quite unaware upon lchOnl the dcnunciaton might
/ eventually be found to descend. The subscriber
! believed that there great want of precision i'll
/ the definitions by the Chairman OF the Committee
! in his original motion of the crimes which he dc.
nounccd. Take, Tor example the charge of SUJSi-
dizing tie Press. If violation of law be essen
tial ingredient in the composition Of crime, there
was law which prohibited the Bank from subsi-
diZing the Prcss-nor there any law prohibiting
the President and Directors of the Bank from at. /
tording facilities and accom-; oGatons TO Editors of
newspapers. On the other hand, there is perhaps
class of citizens in the community, who by the
nature of their profession, may more frequently
need the aid of bank facilities to whom they
the eXtcnsivcness OF printing establishment, will,
of course be the aIaoUnL of accommodations which
they may require. Why then should ne Bank he
under All intcrdict for substituting the Prcssl Why |
should the President and Drcc' OF the Bank be |
chargcable with gross and palpabic corruption, be-
cause large accommodations and facilities, in the |
regular of banking operations have been at
ordcd to Editors of newspapers? There appears to
the subscriber 10 be included in the principle of this
charge very dangerous assault upon the freedom
of the Press. "A principle prOscriptive i'll its
ture and the application of which, if once assu-
med by the authority of the Legislature, could he
successful only in reducing the Press scrvic sub
servcncy to whatever party may command mo- |
mcniary majority III the two Houses of Congress. |
The Editors OF newspapers are not responsible TO |
Congress for the political principles winch they |
may advocate oppose. Nor can the LEGISLATURE |
take cognizancc either of their consistency of
their political purity. They responsible for their
opinions to their subscribcrsyand to the public OPT
mon of their country. TO hold them to this TcSpon-
sibility, their rivals and competitors and political
advcTsarlcs, arc sufficiently watchul and sufficient
y armed. The opinions and interests of mnioritlcs |
of Congress will never lack for Presses TO sustain
themselves. But if in addition to that common in
crcst of the majority and of their avoritc Presses
in the competition for public favor, they are to as
sumo a ccnSoral power to punish or to stIgma'iIc
the Editors who support the opinions or interests
OF the minority, in what does this differ from an M
Primdtur in the hands Of the governing power
an engine for the suppression Of all freedom ofthc
Press, as well as for the oppression OF every Ed
tor, whom it may suit the purposes Of the Prcdom-
nant party to discrcdit destroy.
Entertaining these opinions, and believing that
the principle on which they were founded had been |
sanctioned by the House itself in the resolution,
adopted for the appointment Of the Committee, the
subscriber did earnestly, though Intellectually, re- !
sist and oppose the call Of the Committee for thc
accounts with the Bank of Edi'ors Of newspapers.
To all persons Of that highly respectable and inn
NM fiair Rank