Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-05-28

and of Subiecting the DOCKS 10 Inspection, is one |
of the conditions of the contract, onerous to the
To attempt to enlarge it by con-
strction, is to attempt, contrary to the faith OF
the country, to interpolate new and oppressive
conditions into the contract. The undersigned,
therefore maintain that a resolution OF one
house of Congress, passed in virtue OF its gene
raj power of inquisiton, cannot enlarge the spe-
cific provisions of the law. But they 90 not
therefore hold that this committee could not, I'M
der the authority of the resolution of the House.
inquire into any other matters than breaches OF
the charter. They maintain only that TINS is a
power to be exercised agreeably TO law ana JUS
tice; that is not an absolute nquisltorlal power;
that is does not authorize committee or elthef
House to prosecute secret inquiry OF ndennite
character, after any and every ABUSE, pfopaDie
or possible 1t does not extend the right OF IN
specting the books, granted for one purpose
alone, so as to authorize their inspection Tor pur
poses totally different. 1t does not put 1t IN the
power of committee to issue warrants OF gene
raj search, and compel the appearance OF cltl-
zens, and the production of papers, not IN PROOF
or disproof Of charges against third persons, by
evidence of which they are the legal deposlto-
ries. but in order to enable such committee to
find out by these papers, whether those VINO
bring them are not themselves guilty, OF msde-
meanors Such power as this, the underSlgn-
ed wholly reject as abhorrent to reason and JUS
tice; unknown to the constitution OF this coun.
try; at war with its spirit and with its letter. ana
utterly repugnant to the public sentiment or the
people,. To claim such power, is to claim Tor
either House of Congress the right, in virtue OF
a resolution, Of sending to the remotest corners
of the Union for any number OF persons, COM
peling them to attend a committee, with all their
papers to submit to be examined on oath; 10
exhibit those papers for inspection; and thus 10
enable such committee to find matter OF hXlng
on such individuals the charge OF gross, but pre-
sod oicd0
tons.
1t is not necessary for the undersigned to en-
deavor to define what are the limits OF the pow
ers of inquiry possessed by the Houses OF Con-
gress 1t is sufficient for their present purposes
to have shown, (and the proposition is proved
in its enunciation,) what they are not and can
not be. 1t cannot be within the competence or
committee Of the House to institute general
search, and compel the citizens on oath to purge
themselves if innocent, and criminate themselves
| if guilty; and bring with them their papers to be
ransacked in rowing hunt for unspecifled
crimes. The Constitution reserves to the peo-
pie the right Ga right inviolable without the re-
servation) "to be secure in their persons, hous-
es, papers, and effects, against unreasonable
searches and seizures" Of all unreasonable
! searches that can be imagined, none is more
| signally so than general search into the pa
pers possessed by person, whether individual
or corporate, with view to find Gfit should
| happen to exist matter of elimination against
that person. A general search for any purpose
| is unreasonable; for the object of eliminating
| the individual searched, it would be at war with
the first principles Of justice and, as exercised
! by committee of the House of Representatives
one branch of Legislature of limited constitu-
! tional jurisdiction, an enormous assumption OF
power. 1t would be unreasonable, because as
no man is beyond the possibility of doing wrong,
! the right to institute general search, ii 1t eX
1icto6 ho vi oh Of
| fairs of every individual in the community;
right too eXtravagant to be claimed by any Go
vernment pretending to be limited by law, and
never exercised by any but those odlous and ar
bitrary tribunals which are handed down to the
undying execration of mankind. 1t would be
at war with the first principles OF justice, which,
as a general rule, compel no man to crlmlnate
himself directly or indirectly, nor to furnish the
means of his own elimination. 1t would be an
enormous assumption of power on the part OF
either House of Congress; body whose Jurls-
diction does not extend to any considerable por-
ton Of the conceivable crimes and mlsdemean-
ors which such search might ii they had been
committed, bring out; and who can surely lay
claim to no power OF searching out matters,
which, if the search be successful, are without
its province, both OF legislation and punishment.
1t may be observed that, if the right of max
ing such search of the Bank of the U. States
be claimed in virtue of the general powers OF
inquiry possessed by the HOUSE, IL eXteluS W
every State Bank in the Union, as fully as to
the Bank of the United States. The charter
gives power of visiting the corporation there
by created, and of course exclusively confined
to the Bank Of the United States That power,
as has been urged, can be applied only to the
objects for which it is given, viz: to enable
committee to report whether the provisions of
the charter have been violated or not" But if
we go further and claim right under the gene
raj power of inqusiton possessed by the House,
to search the Bank for objects not made sub
jects of search by the charter then it is obvious
that the corporators and directors Of the Bank
Of the United States are no more amenable
to such search in their persons, books and,
papers, than the corporators or directors of any
other bank, of any insurance office, trust COM
pany, turnpike, canal, or railroad company or
any other private citizens. The Fright, therefore,
claimed by the majority of the committee, if it
transcend in the slightest degree the limitations
Of the charter must flow from claim of pow
er which, would bring within its grasp every cor
poration, every citizen, and every book and pa
per in the United States, and subject them, at
any time, to a general search of committee of
either House of Congress.