Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-06-10

any other class OF citizens be corupiy Influenced by
'ne accommodations they receive. II they were Il Is
tonotiu as matter OF fact whether with an exclusive
eye 10 he accommodations afforded by all the banks In
me country and TO the influence. under which ,hev an,
usPehsen IL would be letter cscu alton AT the present
uay TO defend 10 attack The Bank OF the United state.
~ 'ng Is certain that the editor no defends the Bank
0. Tue u states may be considered free from the susui
cisn OF having eye 10 political patronage source or
corruption, when abused, powerful 10 say the least as
we i"vor oil mere moneyed institution
q, But The undersigned hasten TO express their views
Oh 'he last step which was taken by the committee TO.
wards the discharge OF their duty; in many respects the
most important Of all. On the 9Th day OF Nav cow IF
process 'omewhat OF the character OF su6pcna d,ces
aee and which may be seen in the Appeodx No AZ.
auuressed 10 Is 3 Bonsali Marshal of the district
% }vana, was served upon Nicholas Blde presi
Ien'' Emanuel MANUEL Eyre, Matthew Newkitk. John
sseFSeahi' Charles Chauncey, John $. Henry John r.
Neh Ambrose White, Daniel w. Coke John Goddard
James "a e Fisher, Lawrence Lewis John Holmes and
ian Plat, Directors the Bank of the United s,a,s
commanding the said Bonsil summon them 10 he and
appear before the Committee Of the House of Represen
uvss o. ,"e oned States, appointed he 4lh day of
april 1851 III their chamber in the North American Ho
tel in the city OF Philadeipha and TO bring with tham
The credit hooks Of said Bank The 10Th day of NAV in
slant, at the hour OF H. NJ, then and there 10 testify
touching the matters in the said eoluon anil
10 submit said books to said committee for inspection
ne Undersigned entertained and still entertain great
doubts OF the legality OF this process The inquiry snd
Gu 10 IN The process Is, among other things into the
corupt'ons aud NAL practices of the Bank" that
' we efhcs ana nisdeneanors OF its officers aud direct
ois aud The process just reeed is intended TO he snn
mons TO- majority of the directors the chief officer
OF te Bank TO appear and testify, individuals TO The
mauers o that inquiry that is their own crimes and
"shemeanors, with view, The resolution of the COM
mtee expressed II, of nqung whether such prosa
cution (za criminal prose cuton) should be ns,p,ed
ne undersigned have already argued at Ienpth and a.
tempted 10 show, that the power reserved in H. .h.s,
OF senung committee TO inspect books and exauine
the proceedings oil e Bank and re port ,vhe,b.r r..
,s nau oeeh violated, conferred right of comp ling
me production OF the books the Bank and he an
Pearance OF the directors submit 10 an
oAh as 10 ihtir innocence guilt of the unspec6ed
crimes ana misdemeanors laid to their charge In like
manner the undersigned have expressed their lec;iJ
conviction That the general power inquiry possessed nv
the House can have fighui extension TO case Ike
s ~ follows, by necessary oDsequence, that no pro-
cess having Tor its object compel the directors to
pear oe,ore The committee and bring with the books
u me DaR 10 be In peced and testify touching the
mAterso such snnqury could be legal. The Object of
tn. process was Unauthorized by law =.
Incident to this fatal objection to the process a,ob.
not less so subpoena duces tecum is a process NOT
issuing 10 The party eliminated implicated i'm the trial
or Interested ~ the suit but third person 10 annear
and bring with hTm Any papers in hi, possession fb;
may he lawfully used IS evidence the trial or suit win
prejudice The person summoned mr. his t,,i IT,
process oil ihe romMtee to be To
those whose abuses, corrup ons aud mapraclices were
Inc SUBJECTS oilnqury; aud the books they were ordered
TO fN"s WIN io', we're 10 Oe used IN their own crim-
| nation - - N'''"'
'I M TIE Process and its mode of service
on this topic sYd o eGqGS ,s! legal character
Notwithstanding the strong objections 10. its Iegav
the persons 10 whom was addressed Individuals ns,r
passed for probi'y, intelligence weight of Character
~ Tue community, treating IL with the respect due 10 the
House oil Representatives obeyed its cali and appeared
before the committees their chamber in the North Anne
w
Icdea 10 wfing ana appears among the documents as
paper no 49, They therein hat they do not pro
uuce me books OF the Bank, because they not in The
Custody oil either oil em but in that of the Board of Di-
recios BY the Board it will be recollected the books
mad been ccnhded TO committee of their number 10 be
Dy hem submitted TO the Committee Of investigation If
u were the purpose OF the Committee OF he House 10 adj
"ess Der process TO he party having the actual posses
sion oi the books, it would seem that the Comm ,te If ,l
Directors was that party delegates by the Board and re-
cognsed throughout the transaction their agent Nv the
Committee Of the House IT. on The Other mi ,, 80
(. q the VIII 49,,
natoiy belonged 1t would seem hat should have gone
10 the Cooperation. 3D.
ignorance, whether they should be called Oh TO lFsifvA
expressed purpose rot TO testify the matters of The
ihquHyr IN consideration OF the character of the iuou,v
n e own relation TO II, as coipOralors and drecotsG
but as none OF the persons we're required bv
ne C0"ee tesuy no actual refusal 10 testify took
~ anu 'onse 9nehiy no contempt Composing
al refusal would have been such contempt which the un
ueisisnea DO not smp was committed by the Directors
against The authority Of he House.
undersigned that surprising The urocesa
valid IN its object substance, form, service il was
"atler OF indifference, as the question c ,iot ia
concerned, bar book books the Directors were re-
CURED by u TO produce. But they cannot but t,
OPINION that demand for the credit books Of he Rant
showing Tie accounts OF every individual with the nsti-
luton was the last which, in tender regard TO the rights
ana feelings oil third persons, it would have been exped-
So sacred is the confidence of indiviuss dealing with
Tue bAnk mat the charter exempts the oil their ac-
counts from the weekly inspection which the Secretary of
me treasury Is authorized 10 make; and tile bysws
which have been u iyrce from the foundation of The ns,i-
"oh ofbld difecioT without special authority 10 in.
sPect TIE cash account OF individuals. To require the Dr.
rectors TO take from the banking house. convey through
The public street, and open inspection ia The ebamber
al motel, Tie book aiming The account of every udvi
dual Win The Bank, would indicate the puroose
o. putting TO the seyeres est te power OF The Ilouec The
Obedience OF The Bank the patience OF innocent i,a
P"rles whose vital Interests be eoparded in tbis
procedure. -
The previous demands Of the committee having sssn,psd
be form oil requests could only be objected 10 In feir
! spnt and tendency. There nothing which a com.
mltee authorized TO impure, may not request because
mere Is no request which, such may be refused
ne Ia" KNOWS nothing OF requests; their refusal puts
10 one III contempt. But the process now under con
instrument, authenticated by the zeal Of the House and
Tue signature OF the Ccfk Obedience 20 such an in
slrunen III 1t fully isssd) be compelled against
Oh opsldeles anh opp0nents, and those who maintain
Us iegalUy, must maintain the power OF enforcing II
row sha be enforced, ~ be dobeS and es-
siStedF Shall Ie Sergedt.at Arms be sent 10 attach III,
Dfecorsi Shall they be brought prisoners TO the seat
Of Government, sud tie baT OF the House attached Tor
refusing TO pfOJsce aud hng their books TO The Nerd
AmencSn Hotel, aud Tor svOWing purpo,o beh Vas
not put 10 the iesi) submit TO 90 examination on
sai-aciory answsr reason aud Justice anJ
grounded on the CoHsuition amd laws OF ths UnifrJ
oHitF, mus he Cnd 10 Ills question, by all persons ,go
hiinsn ie vsIdry OF The process issued by tie commit
Zee lhai SUCH process s subpoena duces teeuD Is
obeo0s RON tic fact addressed TO The parties
Implicated II " process in chancery, recurring
P'fiy 10 p0duce his books and psper; Tor s ayowed
0Jcct u 10 inquire wheber"a criminal prosecution shall
be insuiet;" object for which The Chancellor will
require no man 10 produce his papers Unlike any &c
tie processes known 10 Tie hunane jurisdiction of fho
Il IA