Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1834-06-26

cOmmlttee
OF the house to address their process to the
party having the actual possession of the
books, II would seem that the committee Of
the directors was that party delegated by
the board, and recognized throughout the
transaction as their agent by the committee
OF the house. If, on the other hand. it
were intended to address it to the party
to whom the books ultimately belonged, it
would seem that it should have gone to the
corporation.
Inc written answer OF the directors (af.
ter stating their ignorance, whether they
should be called on to testify, y expressed a
purpose not to testify to the matters of the
inquiry, in consideration of the character
OF the inquiry, and their own relation 10 1t
as corporators and directors. But as none
oil the persons, summoned were required
by the committee to testify, no actual re-
iasal to testify took place, and Consequent
W no contempt (supposing an actual retil
sal would have been such contempt, which
the Undersigned do no, admit was commit
ted by the directors against the authority
Of the house.
The undersigned are aware that. suppo-
sing the process valid in It's object, sub
stance, form, and service, it was matter of
indifference, as far as the question of RICH,
is concerned, what book or books the d.
rectors were required by it to produce
But they cannot but express the opinion,
that demand for the credit books of the
bank, showing the accounts of every indi-
vidual with the institution, was the las,
which, III a tender regard to the rights and
feelings Of third persons, it would have
been expedent to make.
So sacred is the confidence of individu-
ais dealing with the bank, that the charter
exempts the state of their accounts from
the weekly inspection which the secretary
OF the treasury is authorized to make, and
the bylaws which have been ia force from
the foundation of the institution, forbid al
director, without special authority, to in
spect the cash account Of individuals. ~
10 require the directors to take from the
banking house, convey through the public
street, and open for inspection in the cham
Der OF hotel, The book containing the nc
count of every individual with the bank,
would seem to indicate the purpose of put
ting to the severest test the power of the
house, the obedience Of the bauk, and the
patience of innocent third parties, whose
vital interests might be jeopardized in this
procedure.
The previous demands of the committee
having assumed the form of requests. could
only be objected to in their spirit and ten
dency. There is nothing, which com
mittee authorized to inquire, may not re-
quest, because there is no request which,
as such may not be refused. The law
knows nothing of requests, their refusal
puts no one in contempt. But the process I
now under consideration assumes the form
OF legal and compulsory instrument, au-
thenticated by the seal of the house, and
the signature Of the clerk. Obedience to
such an instrument (f it is lawfully issu-
ed) can be compelled against all obstacles
and opponents, and those who maintain its
legality, must MAINTAIN the power Of enlor-
cling It. How shall it be enforced, in case
It be disobeyed and resisted? Shall the
Sergeant-atArms be sent to attach the d.
rectors? Shall they be brought prisoners
to the seat OF government, aud the bar of
the house, attached Tor refusing to produce
and bfs.g their books to the North Ameri-
can hotel, and for avowing a purpose
(wh'ch was moi put to the lest) not to sub
NIT to an examination on oath, touching
their own crimes and misdemeanois2 A
satisfactory answer, cousonant to reason
and justice, and grounded on the constitu-
tion and laws of the United States, must lie
found to this question by all persons who
maintain the validity of the process issued
by the committee. That such process is
no subpoena duces tecum, is obvious, from
the fact that it is addressed to the parties
implicated. II is no process in chancery,
requiring a party to produce his books and
papers; for its avowed object is to inquire
whether criminal prosecution shall he in
stituted, an object for which The chancei-
lor will require no man to produce his pa
Pers. Unlike any of the processes kaown
to the human jurisdiction OF the present day
it is, in their most odous features, identl-
cal with the general warrants Of the dark
ages Of English liberty, and the wrts OF
assistance which first kinded the spirit oi
resistance in the American colonies. II is
compulsory process, to compel the good
people of The United States 10 produces
their books and papers, and submit them to
general search in proof Of crimes, not
charged, but suspected; to be enforced by
attachment, Imprisonment. md infinite dis
tress "a search of books, search of pa
ners a eearch If accountS a search nj