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

States, submitted the following Repor:
The undersigned members Of the Committee for inves-
gatng the affairs OF the Bank Of the United States hav
Ing differed ON their colleagues the extent the
powers OF the committees aud the mode of pursuing the
investigations beg leave TO submit the grounds OF this d
terence, and their Tor concurng the Report
oil the majority OF the committee.
The twenty third section OF the law approved on the
the lOh Of April 1sl6, Commonly called the Bank Char.
ter) makes the following provision: t shall at all times
be lawful Tor committee of either House Of Congress
appointed Tor that purpose, 10 inspect the books, aud
anime into the proceedings Of the corporation hereby Great
ed, and TO report whether the provisions OF this charter
have been. by the same, violated no." This provision
Is in terms an express grant OF 70 either House Of
Congress; and, consequently, but for this grant, neither
House oil Congress would have the power To
suppose that either House OF Congress would pos
sessed the power although the charter had been silent
the subject, is suppose that much OF twenty third
section Of the charter gives the power mere surpus
age Unauthorized aud nadnssibie supposition.
III The power reserved in the twenty third section had
been already possessed by either House OF Congress-
must have been in virtue of its general authority nsti-
tuie Inquiries, and 10 sen for persons aud papers But
had the Congress who granted the charter understood
that this authority 10 send persons papers extend
ed to the inspection Of the books OF the Bank they could
not have deemed necessary 10 provide that it should be
lawful, at any time, Tor either House oil Congress 10 ap.
point COMMITTEES Tor such inspection.
The resolution passed the 4th of April last under
which the Committee Of lnvesg alton was appointed, is
expressed in the following terms:
The resolution will be found at the commencement of
the preceding reporrl
The committee thus appointed is clothed with the power
granted TO either House OF Congress- by the twenty third
express words OF the resolution, which authorizes it Gin
spect the books and examine into Proceedings the
said Bank, and "report whether the provisions OF tie
charter have been violated or not"
Had the resolution stopped here ts Interpretation would
have been easy IL wouh have been (and would so have
necessarily been unjerstooJl resolution creating COM
ni'tee under the power granted by the third
lion OF The charter and for the precise objects and no
other therein provided for But the resolution of the
House gees much further. II purrors TO authorize the
committee 10 engage in much wider range of inquiry
than the violation OF the charter 1t declares the objects
OF investigation TO be three fold, 1T the causes OF
the commercial embarrassment aud distress alleged
Isl; 3D. violations OF the chartsr 3d. and abuses
in the management oil the Bank, of which are
luded 10 IN very general and terms will
be perceived by recurrence 10 the resolution just quoted
or these three objects, the only the Que on which
committee, raised in pursuance OF the twenty third Sec
ZION OF The charter, u authorized 10 report.
AS the resolution OF the House enumerates objects OF
inquiry not named in the charter, specifies OF
tuning Information, not provided Tor Ia that law Ii
orzes The committee ITO send Tor persons aud papers,
and TO summon aud examine wi oath and
anime into the affairs OF the said Bank and branches
The point OF Chief question in this matter has been,
VIVA. Of The PS9sssssed by hs c9%m
effected by this additional detail OF the objects in
ves'ga,ed, and the ior aaiing ledge con-
corning them.
The subscribers understand their collie the aio
rliy o the committee, 10 claim, under the terms the
resolution unlimited power OF inquiry The con-
ceivable corrupons aud OF the Bank and of
sending for the persons OF officers and and
for any and all OF its books and papers, to acer
tain whether any such corrupions aud exist
search is given TO the committee by tho resolution: and
that for either House Congress TO
give it, In their difference OF opinion from bre
OF the majority This head, will be found chef source
OF their dissent from most OF the important pro-
posed by the committee.
Before explaining their views more distinctly they
would observe, TO avoid all misconc epton that is no
part OF their purpose 10 maintain that the power of the
committee confined inquiry whether the charter
Of the Bank has been violated The believe
il competent, for The House inquire into any
abuse or corsp ion whatsoever, to the utmost latitude
qmred by the public good, and authorized by the princi
pies OF justice aud law. They believe that The commit
tee, of which they members, authorized TO make
such inquiries They believed, however, that these in
qures were 10 be conducted according the charter;
that s according TO law and according those general
principles OF equity and constitutional right which can
be transcribed in virtue any resolution of either
House OF Congress- and which the under signed are I'M
willing 10 believe that either House Of Congress cosld
attempt wish nj.
The undersigned have already, they think, shown.
that the provision in The chatter is grant Of power c
would not otherwise have been by either House.
So far therefore, the general power OF sending for per-
and papers from enIaTgng the charter power, that
this latter is addition 10 the power OF sending per-
and papers The power, therefore, possessed by
committee under the charter, and recied in reso
ton is not, and cannot be, ended enlarged by any
thing else in that resolution No limitation imposed by
the charter upon ihe inquiry which the committee is
thereby authorized 10 make, the mode OF making it,
be removed by the general parliamentary power OF the
House TO institute Investigations and send for persons and
papers. IL would be abs0fdify make charter pro-
vision for extending the general powers OF The House.
then TO seek TO enlarge the powers conveyed in that pro-
vision, by the addition OF something else supposed
long 10 the general authority of the House.
In addition TO This, il must be recoeCled that the
character is proposed by the Governnen at to The
stockholders, and voluntarily entered into by thsm This
power oil visitation. and OF suhjeciing the books inspec
ton, oil Tic conditions Of tho contract onetos
the stockholders To attempt 10 enlarge IL by consuc.
ton, iso attempt, contrary u the faith OF the country
inerpolae aud oppressive conditions into the con.
tract. The undef'gned therefore, maintain that Teso
luton ON one house OF Congress, passed in virtue Of its
general power OF inqUision cannot enlarge tie specific
provisions OF the law. But they do therefore hold
that this committee could not, uDer the authority Of the
resolution OF the House, Inquire into any other matters
THAI breaches OF the charter. They maintain ony shat
this power TO be exercised sgreesby lazy and jus.
tce; that is not absoIue iHgusioral power; that
does not authorize committee Of either House TO prose
secret inquiry OF indefinite character after any aud
every abuse, probable possible. II not extend
the tight Of inspecting The books, granted Tor one pur.
pose alone, 10 author their Tor purposes
totally different IL does not ru in the pow COM
muee 10 issue warrants Of general search, and compel
appearance OF czeDs, aud the production OF papers, moi
80 prod or dspfOo o. charges against bird persons, by
evidence OF which hey the legal depo,Ofits n
order ls enable such committee End OUi by these pa.
pcrs, wbeih hose who bring them themselves
guilty Of nisdemesnors. Sucb power Thu, The an
dersgBed wholly fejs abhOYfen 70 and justice,
unknos 10 the Cobsu Of This counirs; wal with its
spri and with lis letter; aud utloy fepugDsm 10 the
pa5lic sebtmen Of he people. To claim such power
isto claim Tor al her House Congress She right IN virtue
Of rssOlnOn Of seLding the corners Of The
Union Tor any number OF persons compelling them 10 at
tend commit tee, with al their papets 10 submit be
anned oalb 10 exhibit those papers inspe con and
thus 10 enable such committee 10 end matter Of fixing
such individuals the charge Of gross, but previously
specified, misdemeanofs and cofrupGons.
" Is no, necessary for the undersigned 10 endeavor to