Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-06-03

IL
OF elimination against that person. general search Tor
any purpose unreasonable; Tor the object eliminating
the individual searched it would be with the first
P"ep'es oil justice, and exercised by committee OF
Tue Rouse OF Representatives. one branch of Iegisa-
turc OF limited constitutional jurisdictions
sumption Of power. IL would be unreasonable because
as no is beyond the possibility of doing wrong the
right TO institute general Search IL existed, would be
ght oil inquisiion into the affairs OF every individual in
The community; right loo exavagant TO be claimed by
any Government, pretending TO be limited by law, and
by any of those odous and ray tribunals
which are handed down the undy exscation Of mani
kind II would DE with the FIRST principles OF JUS
uce, which, as general rule, compel to crimi-
"ae himself, directly indirectly, 10 furnish the
means OF his own elimination Ii would be an enormous
assumption OF power the part OF either House OF Con-
gress body whose jurisdiction does extend any
considerable portion OF the conceivable crimes and msde
meanors which such search might, if they had been
committed, bring out; and who surely lay claim to
no power oil searching out matters which, the search
De successful, without its province both OF Legislation
aud punishment.
may be observed. that if the right of making such
search Of the Bank Of the United States be claimed in
virtue Of the general OF inquiry possessed by tho
House. II extends 10 every State Bank in the Union,
fully as TO the Bank Of the United States. The charter
gives power oil visiting the corporation thereby created,
ad oil course exclusively confined TO the Bank Of tho
United States. That power has been urged can be
applied only the objects which il given viz: TO
enable committee 10 report wbeber the provisions OF
The charter have been violated not" But il 60
iurhtr and claim right under the general power OF in
question possessed by the House, search the Bank Tor
obees not made subjects of search by the charter then
Is obvious that the corporators and directors OF the Bank
amenable
search In their persons, books and papers, than the
poraofs directors OF any other bank OF any insurance
ONCE trust company turnpike, canal railroad com
Pany or any other private citizens The right, therefore,
claimed by the majority OF the committee if it transcend
In The slightest degree the limitations OF the charter,
must How from a claim OF power, which would bring
every book and paper the United States, and subject
men, at any une TO general search OF committee OF
either fionse oil Congress.
Should II be cOntended, that great stakeholder,
The Government has right to institute this search, the
answer is obvious The House OF Representatives is not
the Government; and the Government stakeholder,
has no rghs possessed by the other stockholders
10 be exercised ia any other way In the contract be-
tween Tie Government and the stockholders, by which
the Bank was created corporation OF character partly
private and partly public the Government reserved TO it,
self all the powers which thought required pro-
tect Its Interests stakeholder, which needed
tn reference 10 any other relations OF the Bank to the
country To these reservations the stockholders, by
cepng the charter, assened. They cannot now be ex-
tended 10 the prejudice OF the Bank without violation OF
law and breach OF faith.
The undersigned far from intending 10 charge their
respected colleagues, from whom they differed with pain
e Isg % 81 The Bak bat they felt obg
ed TO dissent from considerable portion OF their measures
deemns them, in effect (hough certainly not nended)
have all the essential characters OF such general and
unlawful search The justice OF this remark, WILL the
undersigned think, abnndantly appear, from review OF
he principal adopted by the committee, which
will now, ioS his reason, be briefly examined.
he hFst step taken call by the Committee of
Iny esgatoD the Committee OF Directors for list of
the books The Bank with an explanation of the pur-
poses Tor which each is designed and the OF the
clerks 10 whose care aud custody they respectively
committed" This was step preliminary 10 the process
by which the Committee OF Investigation, in the judg
ment OF The majority could call for, and take into their
possession, by precept addressed the clerks in the
Bank any all OF the books OF The institution, in which
the business transactions OF the Bank entered by the
said clerks. This list furnished by the Committee of
the Directors with the statement, however, that tho
books not in the custody oil the clerks but in the
general custody Of the Board In consequence of this
staiemen attempt made 10 obtain possession OF the
books by demand OF the clerks
"A i'm bu NOR oh ha.
tending directly the institution OF general
search. and forming immediate preparation fer il,
the right, insisted by the committee, OF exclusive
occupation OF the room in The banking house, offered by
the directors for their accommodation during the inspec
zion oil the books The undersigned refer the
pondenee between the Committee Of Investigation and the
Committee OF the Bank this subject They would only
briefly observe, that committee of had been app
pointed by The Board Of Directors TO receive the Com
mee OF Investigation, and submit for their inspection
such books aud papers OF the Bank might be
exhibit its proceedings according the requirement
Oh the charter in the banking house was, by this
committee, offered for The accommodation of the Commits
tee OF the House Of Representative Ii appeared at
very early Stage oil the proceedings in conference be-
tween the TWO committees mat Committee oil the d.
pecors proposed exhibit their books in person the
Committee OF Investigation, expressing, al the me
lher expectation and readiness to "witbdrsw from the
room Whenever the Committee OF the House should
tit. in order to iunsh the Committee Of the House the
opportunity 10 deliberate, without the presence OF any
one, no, required or invited by themselves to attend.
This proposed OF conducting the examination
recorded by the majority of the Committee of the House
Representatives inadmissibe, and formed the SUBJ
ec OF correspondence between them and the Commit
OF the Directors The Committee OF the House adopt
ed two resolutions by OF which they agreed that
their proceedings should be conhdenia unless other
wise ordered by the Committees and by the other, that
persou should be present tie inspection OF the books
aud examination OF the proceedings OF the Bahk except
those whose attendance might be required permitted by
the Committee OF investigation
The FIRST resolution regarded merely as an UNDER
Standing, on The part OF the Committee OF Investigation
that publicity wsd be given by Them until Otherwise
ordered, TO the mat that might appear in the Of
the examination. The undersigned asseDed 10 this
but on, With the understanding OF The parliamentary law
ma, The sngs OF every committee open, unless
dered 70 be secret Ivy the House; and fhat IL not in
either TO shut their doors, impose secrecy any
pc who might attend Bot they assented the in
Junction OF confidence, ia conformity with usage whieh
has prevailed in other committees OF inquiry of the
Bouse, Tor their convenience rule binding
themselves, and With the cypress reservation that tho
adoption Of this resoluton should, in degree in.
vove ~ 10 the principle asserted in The second.
10 that principle, viz that person should be permit
ted 10 afted during tie inspecNon Of the books OF the
Bank, aud the examination Oh lis proceedings, whose pre-.
sence required assenfed 10 by the Bank, The
kned slrenUousy opposed. IL asserted
as figh the part Of The Committee, shd las the
designed supposed, and tie Committee Of the Directors
OF he Bank appeared also Understand l) with an in-
fenon TO enforce The right In pursuance Of this inten-
Investigation ceased 10 hold their meetings in the rooms
sci apart them in the banking house, they
rst0od the Committee Of the Directors Of the Bank
claim The right Of b. ing there present with their books,
dung the inspection OF the II Is true thai, by
subsequent resolution, the Committee Of the House Of
dclaned having decided that they should,
in poin 81 fcI exclude the directors from the room du-
rft. hob fl.o