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

bon
thus ,an been put to no unworthy use oy tue
couu of Investigation. Such an luea
Com univ suggest itself to berepudiated II is
couu 49, objection that they would nave Deen
san UT of the custody of those responsive 10
7N ~. ..ckholders for. their safe-keeping. The
inc t;mnroper use to which the BOOKS, or any
MOS o'. nroperty of an individual or corpora
QUO can be put, is, to take them away from their
u souhtfi, owner and lawful guardian. may
INK lsS|nk can better take care of my neighbor's
tnl lnsrtv than he does himself, but | may not
psorpsfore take it from him, and administer it,
lu n.n for his own good; far less may take it,
s.thout warrant oflaw, in order to extract from
W W. unlawful use matter to be used, directly or
~ consequence, for his elimination. The books
Sslong to the stockholders ofthe Bank, and are,
10 them, entrusted to the directors. They DO
vi belong to the House of Representatives, nor
% any committee of that House; and right to
aspect them no more involves right TO take
"assession of them, than right to count the mo-
ppey in the vaults involves right to take posses
ion of it, 1t is a case of frequent occurrence
:. State Banks that committees are sent to Vi
n them, and among other things, to count the
."acie in their vaults. Should such committee
lain the right of going into the vaults alone,
"a counting the money without the presence
's,be directors of the Bank, or their authori
~ usd aoents, it would be thought a very unwar-
ssntable claim; and no personal confidence, re-
nosed in he honor and probity OF the commit
20 would render such claim at all the less I'M
varrantabie.
.ossession of the books, by urging that in its
rpvsrcse. il would not have been abused, wholly
es in the apprehension of the undersigned,
hocause they deem that the use which was avow-
sdlv TO be made of them, was the greatest posi-
Mo abuse 1t was intended TO employ them Tor
tho nurpose of general search, not only to as
csrtain in the most general form, whether the
charter of the Bank had been violated, but also
what corruptions, abuses, and malpractces had
aiken place in its management; and this, by
way of inquiry among other things, whether
criminal prosecution in legal form, should be
instituted, (see resolution of Committee of In
vsstigation of 7th of May,) in which prosecu-
6on the directors, called to submit the books,
would have been the party implicated.
The undersigned believe, that, In land OF
Constitutional liberty and law, it can need but
little argument to show that claim, on the part
If committee of either House of Congress,
acting in virtue of the general parliamentary
mower of inquiry, to demand, as a matter of
rght the production, and to take possession OF,
the books and papers belonging to an individu-
alor corporation, in order to search therein
for matter on which to found a criminal proce-
dure against said individual or corporation, is
sclam at once of the most unfounded and per-
nicous character. They confidently believe
that no court of justice in the United States, or
any other free country, has ever claimed such
apower as right, or attempted, in point of
fact to execute it. They have never heard OF
any statute which gives this power TO any court
or other tribunal. And they would deem the
assumption of such power. by either House
Of CONGRESS, as an incident of the general pow
ers of the House, and, resting on the le.r par
iamentaria, as unwarrantable, and in the high
est degree dangerous.
g. The committee having withdrawn from the
occupation of the room in the banking house,
for the reason stated, adopted resolution re-
curing the President and Directors of the
Bank to submit certain of the books otthe Bank
tothe inspection ofthe committee, at their room
in the North American Hotel. (See Doc. NO.
25) With this requisition the Committee OF the
Directors declined complying, for reasons which
appear in their resolutions adopted May the Sd.
document No. 30.) The undersigned regard
ed this resolution Of the committee as open to
the objections already urged against an &c pGrte
Inspection of the books, and to others peculiar
Oitself By its terms, the President and Dlrec-
tors are required to submit certain OF their books
10 the inspection of the committee at the North
American Hotel. IT, by the term required, moth
ing is to be unerstood but request, with which
me directors OF the DdUk Wefe dt uOCIly W nc
cline compliance, they were of course free so
to decline, and their doing SO, argues no con-
tempt OF the House. But the majority Of the
committee evidently regarded, as in some way
obligatory, the demand for the production,
at their hotel, of certain of the books of the
Bank. Such demand the subscribers deemed
TO be unauthorized If valid, in reference to
the books named in the requsition, it was OF
course valid as to all the books of the Bank and
all its branches; which, by parity of right, the
committee might have required to be brought
to their lodgings, and there detained and used at
their pleasure The question whether (suppos-
sing them brought to the committees room at
the North American HoteD they should there be
submitted in person by the Directors, or inspec-
ieder parte by the Committee of Investigation,
was not distinctly raised. But considering that
The committee ceased to hold their meetings at
the banking house, precisely because the Direc-
tOrsinsisted on their submitting the books for in
spection in person, it appeared to the under
signed that, whether exercised or not, the right
Ofan er parte inspection was designed to be re-
served, aud that the inspection was required to
be had at the private room of the committee,
oenable the committee, ifthey deemed it expe-
dent to act on that reservation. All the oo]ec-
TONS therefore, which lie TO an e.r PaTte lnspec,
hon in the banking house, hold with equal
force RI an q y, s,nrte inSnectiOn out OF If.