Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-05-29

Ill llDellv " iILliOi ~
accordino tn their discretion. They, therefore,
needed a specification, to enable them to dis
CHARGE their duty under the charter, as well as
to protect them in their rights; to enable them
to distinguish, in the acquisitions OF the Com
mittee Of investigation, how much was authori-
tative under the statute commanding ODE
dience: and how much, not being authoritative,
thew were at liberty to concede or to Withhold.
There was the more reason in Insisting on
this ripbt to make the limitation on the lnspec-
tion If their books available, because, as has
heretofore been observed, the Inspection ltse!l
is in derogation of the natural rights OF the cltl-
zen. who ought not, under any circumstances
tn he obliged to criminate himself. 1t pleased
the Legislature, regarding the corporation as
their own legal creation, to require them, when
accused of violating the fundamental laws OF
their eXistence-the provisions of the charter
TO submit their books to q authorlZ-
ed TO report on that fact alone. But to transfer
this limited right of inspection to other commit
tees for general powers of inquisitlon, and Tor
q general purpose of enforcing determination,
is illegal and inequitable. To do this by midi
rection; to clothe a committee of inquiry with
the powers of a committee Of visitation, and
thus TO acquire a right to open the books Tor one
object, and then to inspect them for another,
would be to attempt to accomplish an end in IT.
self unauthorized, by means peculiarly unwar-
rantable.
For these considerations the undersigned re-
garded the directors as justified in requiring OF
the Committee of the House a specification Of
the objects of their inquiry. The ground tax
en- by the committee of the Board IS, as the
House perceives, a ground of legal right, as
sumed by the directors, under the
ces Of the case. This is the third occasion on
which the Bank has been visited by committees
Of the House. In the year 1918, a
was appointed to examine the affairs OF the
Bank, then in disorder. The committee thus
appointed was by the terms of the resolutions, d.
rected to report whether the charter had been
violated, and the resolution consisted mainly or a
specification of alleged violations. In eXecut-
ing their TRUST, however, the committee extend
ed their inquiries to the general management
of the Bank, and examined its President, other
officers, and directors, on oath. To this course
Of inquiry, the Bank deemed it for its interest to
submit. The undersigned are not aware that
any resistance was made to the demands OF the
committee. On the contrary, their report clos
es with the observation, that lit It's due to the Of
icers of the Bank at Philadelphia to state that
every facility in their power was rendered IN
explaining the books and assisting the research
es ofthe committee" In one instance, in which
an individual, and director Of one OF the, offices,
charged with malpractices, refused to testify,
the committee observe, that they did not insist
on his answering, and that they amin him
chiefly to enable him, if he pleased, to *
culpate himself This committee did not con-
fine their examinations to the officers OF the
Bank. They examined the Teller Of the Bank
of North America, and perhaps other persons.
This circumstance, and the others mentloned,s SUI
ficiently show that no question as to the extent
ofthe powers of the committee was raised dur
ing the visitation; that the witnesses appeared
Voluntarily; that the Bank deemed it for its in
terests to submit to the examination of the com,
mittee, in any form in which the
thought proper to conduct it; and that conse-
quently the whole investigation assumed the
form Of a parliamentary inquiry, conducted
by the assent of the parties, and without any
appeal to their rights.
The examination Of 1882 assumed substan-
TALLY the same character. The resolution.
under which the committee was raised,
consisted; as originally moved, Of a large detail
of alleged abuses, several OF which imported
no violation of the charter. The House adopt
ed an amendment proposed to this resolution
by a member from Massachusetts, (Mr. ADAMs,)
in the following terms: "ReSolred, That a Sc
lect committee be appointed to inspect the books
and examine into the proceedings OF the Bank,
and report thereon, and TO report whether the
provisions Of the charter have been violated or
not" This phraseology appears to have been
derived from the commencing words of the re-
port of the committee of 1918, which is in the
same terms, and not from the resolution by
which that committee was created, and
WiliIJ DlOflutS lIiut a SCiSSI W tP
pointed, ito inspect the books and examine in
to the proceedings of the Bank, and report
whether the provisions Of its charter have been
violated or not, and particularly to report" as
to several matters, all, or nearly all, of which
were alleged violations of the charter. The
amendment offered by the member from Mas
sachusetts, (Mr. ADAMS and adopted by the
House, was offered on the ground that I" the orr
ginal resolution presented objects of inquiry
not authorized by the charter of the Bank, nor
within the legitimate powers of the House,
But as it directed the committee to report gene
rally on the proceedings of the Bank, as well as
on violations of the charter, it was considered
by its mover, and by many Of those who sup
ported the amendment, as authorizing an inqui-
ry extending beyond violations Of the charter.
The right to constitute an inquiry of this kind
was put upon the ground that the Bank was APP
plying for a recharter, and could not reasona-
bly, decline it. At that time, as in 1918, neither
House Of Congress had assumed a hostile posi-
ton to the Bank. Its directors, as the event
prov ed, felt that they could rely upon the Ma
tional Legislature to do them justice against any
efforts which might be made to impeach their
character or arraign their conduct. Applicants
for 2 recharter. thew felt that thew could not