Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-05-25
Twenty-secomd Congress.--sess. 4.
HOUSE OF REPRESENTATIVES,.
.MOnddu, .Mdu II.

hOCSE Or ES.
Monday, May II.
=, A. BANK OF THE UNITED STATES.
Mr. Adams OF the Committee appointed the 18th OF
March, 1882 TO examine and report the books and pro-
ceedings OF the Bank of the u States submitted the fol-
lowing
REPORT:
The subscriber, one of the members Of The Committee
appointed the 18th of March last TO proceed 10 Phadcl-
pia nspec, the Books examine the proceedings
OF the President and Directors of the Bank of the United
States, and report thcreon-and particularly to report
whether the Charter of the Bank has been violated or
dissenting from the report agreed upon by the majority Of
the Committee deems il his duty TO submit TO the House
the considerations upon which his conduct i'm pro-
ceengs OF the Committee has been governed aud the
conclusion to which they have brought his mind in
to this subject.
1t will be recollccted by the House tina, the appoint
meut Of the Committee made upon rcSoi Iion Of
fered by the subscriber amendment TO resoiu-
ton previously offered by the Chairman OF the Commit
tee The amended resolution adopted by the House was
prcdicated the principle avowed by the proposcr of
the amendments that the original resolution presented OBJ
ccts OF enquiry not authorized by the Charter of the
Bank, nor within the legitimate powers of the House
particularly that looked to investigations which
ccsarly mpcate only the President and Directors of
the Bank and their proceedings but the rights the inter
eStS, the fortunes, and the reputation of Individuals
responsible for those proceedings and whom neither the
Committee the House had power TO try or even TO
before any other tribunal In the examination of
the books and proceedings OF the Bank pecunary trans
actions OF multues of individuals with must necessar-
~ be disclosed TO the Committee and the proceedings of
the President and Directors of the Bank relation there
TO- oreu just ana proper subject oil enqury-no how
i'll the opinion OF the subscriber any extent which
would authorize them To crimnae individual other
than the President, Directors and Officers the Bank or
its banchesnor them, otherwise than forming part of
their official proceedings The subscriber believed that
the authority of the Committee, and of the House itself
did not EXTEND under colour examining into the Books
and proceedings of the Bank scrutinzc for animadver-
sion or cenSure the religious political opinions, Of
the President and Directors of the Bannor their domRs-
tic oramiIy their private lives characters
nor their moral political, pecunary standing So
cety-st less could he believe the Committee invested
with power TO embrace in their sphere of investigations
researches nvidous and nquisora multtudes of
individuals having connection with the Bank other Than
That oil dealing with them in their appropriate business of
discounts, deposits, and exchange
In these views he felt himself the more confirmed be-
cause lie perceived other course of enquiry that could
be pursued, without invading tie sanctuary of private life
and committing outrage the most precious of social
rights The transactions of the Bank with their cusio-
mers are i'll the ordinary OF their business highly
condena examination into them by strangers so Gar
ii duplicates the individuals with whom the Bank has
dealings bears all the eXceptonabe and oous properties
Of General Warrants and dcciary visits The principle of
this protection ind vidua rights in the char
ter OF the Bank ITSELF and in its bylaws BY the fifteenth
fundamental article of the charter, limited
to the officer the head oe Treasury Department TO in
spec the general and books OF the Bank with an
express exception OF the account OF any Individual and
the bylaws of the Bank there provision that no stock
holder shall be permitted saso aAny account of any
--,eI-91 with the Banka szznzs
stricon Is not indeed applied 10 the authority gwen I
the 23d section of the charter the committees of
either House OF Congress, appointed inspect the books
and examine the proceedings of the Corporation; but
that section neither gave nor comb rive pover NJ
authority to be exercised any individual for
of elimination of trial The committee are TO the
books and examine the proceedings the Corporation and
to report thereon. But they authorised TO examine
report upon the proceedings of individuals
The examinations by committees authorised by the char
ter are, from the context of the sections evidently given
a preliminary means Tor bringing the corporation, the
event OF malpractice their part or suspected before
judicial tribunal for trial.. Whenever committee so an
pointed, reports that the charter has been violated the
final action OF Congress in the limited to the dcre
tionary power OF directing that scre |acas should be
sued out from the Circuit Court Of the United States
/ he Of Dppp N,lto,
ration TO show cause why their charter should not
! be declared forfeited. But justly and so wisely
tender the Congress which constituted the corpo
ration TO reserve TO the President and Directors Of the
Bank the enjoyment of their civil rights that the same
section That gives TO Congress this control them ex-
pesy provides that for the trial of the facts at issue
tween them and the United States upon the return of
the scire iacas, they shall be entitled 10 the benefit of
jury The corporation there fore cannot ultimately suffer
by deprivation of their rights upon the unvorabe report
oil any committee OF Congress, by the order of
Congress ITSELF that sce facas should be sued out The
protective shield of the constitution, trial bV iv is
tended over them; the sacred trust Of their franchises
expressly placed under the guardianship Of that power
conservaiveo all individual rghtsthe verdict Of ger
/ peers.
In the present The resolution originally offered by
the Chairman Of this Committee. avoycdly presented
for another purposenot with view fha III : final sclion
4 o the House upon the result Ct the examination should
be the direction that scrc ficas should be sued o, To-
give the corporation the benefit provided for them by the
law seli OF fair trial by jury but that by rdnsackng
a me books and proceedings OF the corporation, from its
hrst organization TO the present day. some latent IsJ
oOSchcss, or regUlaY, might be detected in the
ceedings OF the President and Directors present or past
OF the company, which might be elaborated and wrought
up into an argument against the renewal of the charter
oil the institution This was the ayOwed purpose of a
member claiming The right Of being considered as per
iectly fair cool, and impartial investigator Of fo4c pro-
ceedngs, and at the time, that if the result of them
should he to cSoncrae from all blame the responsible Off
GERS OF The company, the inquisto should still be at bc
y To vote and speak against the renewal of tho charter
upon the ground Of constitutional scrupes
ltwaSony by virtue Of the 2} section the Act ofjncor
POraon OF The Bank that the House possessed the power
OF appointing committee with authority examine the
books and proceedings of the corporaun and that section
distinctly Indicates the purposes for which this power was
reserved Ii 10 furnish the in the event Of the
eonHson OF gross abuses the part of the President
and Directors 10 put them Upon fridT The ripht OF
trying them is not reserved the House nself-nor can il
by the House be conferred committee II belongs
exclusively 20 the Judicial Courts n is familiar arm
ment TO many oXpoundcrs Of the constitution OF the u
States that no granted TO Congress exercised
0r any other purpose than that Tor which was granted
ne Importance OF this principle may bc in the con-
seaiion that is the only foundation of the argument
against the uncousdiuonality OF tho protective tariff IL
is coniended that grant OF power levy taxes duties
and nposts 10 pay The debts aud provide for tie
defence and general welfare, cannot Justly he construed
INTO power 10 levy Tie duties, taxes impOss and OK
ciscs Tor the protection q manufactures
~ there be soun1uess IN this principle apply il 10
this reservation Of power in either House Of Congress to
appoint investigating and examining Committees on the
Books and proceedings Of the Bank The power is rescrv
ed for TIC purpose Of enabling either House Congress 10
put the President and Directors upon trial tor dcnqucncv
-up0n trial by the Judges OF the land.uyon trial ~ M
W Of the vicnagc Il Is not reserved for the purpose Of
enabling Committee Of the House 10 ruin tho President
and Directors IN fortune reputation, By popidi preju
diced, electioneernC por condeninq bc victims Of
l ffirtl loo.