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must, that the bank was established for great public ends, and that the House of Representatives is the grand inquest of the Union, and, as such, has power to visit and inspect all departments of the Federal Government, to correct their abuses, reform their errors, and confine the exercise of their powers within the limits prescribed by law to each, and it follows that the House has power to appoint a committee to make a minute and full inquiry into all the multiform operations of this powerful corpo

prosecute the inquiry in the terms proposed. He had no doubt of the power of the House, if the public interest required it, to direct a committee to make such a report. The nation, said he, has a deep interest in the conduct and management of the bank. Our duty to the people whom we represent, the nation's interest, as owners of a large portion of the stock, its interest in the revenues being wholly payable in the notes of the bank, will justify a constant and vigilant attention to its proceedings. If there had been a doubt whether the conduct of the bank But that there might be no doubt of the existence of had been PROPER OR NOT, the House was fully justified in the power here contended for, it has been expressly re-investigating into the facts, and inquiring whether ABUSES served in the 23d section of the charter of the bank, which had been committed or not. He would vote for any inprovides "that it shall be at all times lawful for a com- quiry, in its broadest shape." mittee of either House of Congress, appointed for that purpose, to inspect the books and examine into the proceedings of the corporation hereby created, and to report whether the provisions of its charter have been violated or not."

ration.

The language in which this authority of the House is described, is so plain and so full, that an attempt to illus. trate it appears to be supererogatory. The committee to be appointed are to "inspect the books, and to examine into the proceedings of the corporation," without exception. The section contains no reserved power to the bank to designate the place where, or the persons in whose presence the examination shall be made. These modes of exercising the main power are necessarily, as its incidents, dependent on the discretion of the sovereign with whom it is lodged. A contrary construction would make either or both Houses of Congress dependent on the agents whose conduct is to be the subject of inspection. If the bank can attach any conditions to its exercise, not found in the charter, then it could render nugatory the power by which it was intended it should be checked and controlled. That the great conservative purposes for which such committees of investigation were to be appointed might not be thus defeated, the extent and character of their inquiries are rightly made to depend on the wisdom, patriotism, and justice of either House of Congress.

The only restriction to be found in that clause of the bank charter which we are considering, is that which relates to the committee, and not to the House; and bas reference not to the extent of the examination, but to the character of the report to be made. The committee is directed to report, amongst other things, whether the provisions of this charter have been violated or not." The object of this specific requirement is to be found in another clause of the same section of the charter, which pro. vides, "whenever any committee, as aforesaid, shall find and report, or the President of the United States shall have reason to believe, that the charter has been violated, it may be lawful for Congress to direct, or the President to order, a scire facias to be sued out of the circuit court of the district of Pennsylvania, in the name of the United States, calling on the said corporation to show cause wherefore the charter hereby granted shall not be declar. ed forfeited."

But if there ever had been a well-founded doubt as to the true and fair construction of this reserved power of the House, the committee did suppose it had been long since yielded.

In 1818, Mr. Spencer, of New York, offered to the House of Representatives a resolution providing for the appointment of a committee to inspect the books, and examine into the proceedings of the bank. In the debate to which that resolution gave rise, the opinions now entertained by your committee were well expressed by many distinguished gentlemen. For presenting short extracts from one of the speeches then made, no apology, it is supposed, will be needed. Mr. Lowndes said he had no "apprehension of defect of power in the House to

The resolution of Mr. Spencer was adopted, and a committee appointed, who visited the principal bank at Philadelphia, and some of its branches. They had free, unrestrained access to the books and papers of the bank. They were furnished by the officers with such extracts and copies from the books and papers as they called for. They summoned before them the directors and officers of the bank, and examined them, on oath, touching their conduct and proceedings. And the committee made to the House, on the 16th January, 1819, an elaborate report, from which we learn that their inquiries had been chiefly directed" to the GENERAL management of the bank, and the conduct of its officers." The transactions of private citizens with the bank were then freely and fully examined. Individual transactions of the president and directors of the bank, in the purchase of its stock, were fully investigated, and those officers sworn and required to testify before the committee. Though deeply affected, personally and officially, by these developments, they never hesitated or objected to obey the process, or to give their testimony.

The names of the borrowers from the bank were pub lished without scruple, with the amount of money due from each, whenever, and not otherwise, such a publication was deemed necessary to illustrate the improper conduct or maladministration of its officers.

This precedent, to which the committee of 1832 strictly conformed, is entitled to high respect from the eminent character of those by whom it was established; and who have justly enjoyed high reputations for purity of purpose and distinguished attainments.

If any additional reason for deference to this contemporaneous construction of the twenty-third section of the charter be necessary, it may be found in the fact that the directors of the bank in 1819 themselves assented to it. They conceded to the committee of the House the right to inspect all their books and papers in such manner as that committee thought just and proper. Besides, those who now have the management of the bank, in 1832, without question of right, without hesitation, without protest, produced, for the inspection of the committee of the House, all their books, papers, correspondence, and accounts, and appeared when summoned, and testified on oath touching the transactions of the institution under their control.

With these preliminary observations, for which it is be lieved ample apology, if any be required, will be found in the subsequent portion of this report, the committee will proceed, with a brief analysis of their proceedings, in the execution of the duties devolved on them, showing the unexpected obstacles interposed by the managers of the bank to the progress of the examination, and their repeated refusals, in violation of their charter, and in contempt of the authority of the laws and of the House of Representatives, to permit their books or papers to be inspected, or their proceedings to be examined.

The purposes for which your committee were appointed are stated so distinctly in the resolution of the House, that they have experienced no embarrassment in deciding

Affairs of the United States Bank.

on the character of the duties imposed. They were required

1st. To ascertain, if practicable, the causes of the commercial embarrassment and distress complained of by numerous citizens of the United States in sundry memorials which have been presented to Congress at the pres. ent session, and whether the bank has had any agency, through its management, or money, in producing the existing pressure.

2d. To inquire whether the charter of the Bank of the United States has been violated, and what corruptions and abuses have existed in its management.

3d. To examine whether the bank has used its corporate power or money to control the press, to interfere in politics, or influence elections.

The powers designed to be conferred on the committee, if they could have been exercised, are adequate to the performance of the duties enjoined: they were authorized to send for persons and papers; to summon and examine witnesses on oath: to visit, if necessary, the principal bank and its branches; and to inspect the books, correspondence, accounts, and other papers connected with its management. Such are the duties and powers of your committee, conferred on them by the House with extraordinary unanimity, and which your committee felt bound to regard as consistent with the chartered rights of the corporators and their debtors.

[23d CoNG. 1st SESS.

The officers of the bank were believed to be the most appropriate agents of the board of directors to exhibit their books and papers. By them the entries in the books are made, and by them such entries are most readily explained. It is their duty, too, to be daily at the bankinghouse, and on that account they could assist in the examination more readily than the committee of directors.

These objections to the special agents of the board were felt and expressed, but they were waived, and no diposition had been manifested, or felt by your commit. tee, to conduct the examination in any manner not en. tirely acceptable to the board.

Under these circumstances, your committee did think that a decent respect for their rights and privik ges and much more for the dignity of that body from which all their powers were derived, might have induced the committee of directors to forbear to make them feel an entire want of control over their own room. With a previous determination to be present when their books were to be inspected, they could have waited to avow it until these books were called for, and the attempt made to inspect them in their absence. These circumstances are now reviewed, because they then excited an apprehension, which the sequel formed in o conviction, that this committee of directors had been appointed to supervise the acts and doings of your committee, and to limit and restrain their proceedings, not according to the di

Under a deep sense of respectful obedience to the de-rections contained in the resolution of the House, but the cision of the House of Representatives, thus solemnly expressed, and feeling that they had no right to question its justice or propriety, your committee proceeded to Philadelphia on the 22d of April, to commence the performance of their duties.

will and judgment of the board of directors. Your committee have chosen to ascribe this claim of the committee of directors to sit conjointly with them, to the desire to prevent them from making use of the books and papers for some of the purposes pointed out by the resolution of the House. They are sensible that this claim to be present at all examinations, avowed prematurely, and subsequently persisted in with peculiar pertinacity, could be attributed to very different motives; but respect for themselves, and respect for the gentlemen who composed the committee of directors, utterly forbids the ascription to them of a feeling which would merit compassion and contempt much more than resentment.

On the 23d of April, their chairman addressed to the president of the bank a communication, enclosing a copy of the resolution of the House of Representatives, and notifying him of the readiness of the committee to visit the bank on the ensuing day, at any hour agreeable to him. In reply, the president informed the committee that the papers thus received should be submitted to the board of directors at a special meeting to be called for that purpose. It appears in the journal of the proceed. ings of the committee, herewith presented to the House, that this was done, and that the directors appointed a committee of seven of their board to receive the committee of the House of Representatives, and to offer for their inspection such books and papers of the bank as may be necessary to exhibit the proceedings of the corporation according to the requirement of the charter. In the letture misrepresentations, it was desirable that each quester of John Sergeant, Esq, as chairman of the committee of directors, communicating the proceedings of the board, he says that he was directed to inform the chairman of this committee that the committee of the directors "will immediately direct the necessary arrangements to be made for the accommodation of the committee of the House of Representatives," and would attend at the bank to receive them the next day at 11 o'clock. Your committee attended, and were received by the committee of directors.

Up to this period, nothing had occurred to justify the belief that a disposition was felt, on the part of the managers of the bank, to embarrass the proceedings of the committee, or have them conducted differently from those of the two preceding committees of investigation. On assembling, however, the next morning, at the bank, they found the room which bad been offered for their accommodation preoccupied by the committee of the board, with the president of the bank as an ex officio member, claiming the right to be present at the investigations and examinations of this committee. This proceeding the committee were not prepared to expect. When the ap. pointment of the committee of seven was first made, it was supposed that that measure, however designed, was not well calculated to facilitate the examination.

This novel position, voluntarily and deliberately taken by the committee of the directors, predicated on an idea of equality of rights with your committee, under your resolution, rendered it probable, and in some measure necessary, that your committee should express its opinions of the relative rights of the corporation and the House of Representatives. To avoid all misunderstanding and fution should be decided separately. Contemplating an extended investigation, but unwilling that an apprehension should exist of improper disclosures being made of the transactions of the bank and its customers, your committee, following the example of the committee of 1832, adopted a resolution declaring that their proceedings should be confidential, until otherwise ordered by the committee, and also a resolution that the committee would conduct its investigations "without the presence of any person not required or invited to attend." A copy of these resolutions was furnished to the committee of di rectors, in the hope that the exclusive control of a room at the bank, during its hours of business, would thereafter be conceded to your committee, while the claim of the committee of directors to be present when their books were submitted for inspection, should be postponed for decision, when the books were called for and produced by them.

On the 28th ultimo, this committee assembled at the banking-house, and again found the room they expected to find set apart for their use, preoccupied by the committee of directors, and others, officers of the bank; and, instead of such assurances as they had a right to expect, they received copies of two resolutions adopted by the

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board of directors, in which they were given to understand that their continued occupation of the room must be considered a favor, and not a matter of right; and in which the board indulge in unjust commentaries on the resolution of the House of Representatives, and intimate an apprehension that your committee design to make their examinations secret, partial, unjust, oppressive, and contrary to common right.

When this communication had been read, your committee adjourned to meet at their own chamber, at the North American hotel. Notwithstanding all that had occurred, the correspondence with the committee of directors was continued. If, in so doing, an error was committed, let it be imputed to the belief that great forbearance well became the committee of the immediate representatives of the people.

When it was thus doubtful whether a room could be obtained in the banking-house, without conditions being attached derogatory to the fights and dignity of the House, and a concession in advance of a claim set up by the bank, which might seriously incommode your committee in their business, they determined to execute your resolution, if practicable, without intruding on the directors of the bank; they, therefore, required of the president and directors, in writing, to submit for the inspection of the committee, at their committee-room, on the 3d day of May, certain books and papers of the bank, which might have been thus produced without interruption to the ordinary business of the bank. The requisition, in terms, implied the presence of the directors or their committee.

On the day named, the board addressed a written com. munication to the committee, declaring "that they cannot comply with that part of the resolution of the committee of investigation which requires that certain books of the bank be sent to the North American hotel this day, at 11 o'clock."

Your committee are of opinion that this refusal of the board of directors to submit the books of the bank to the inspection of your committee, is a violation of the bank charter, and a contempt of the laws and authority of the House of Representatives.

The reasons for this opinion need not be here repeated or enlarged.

In this refusal, your committee believe there was a substantial violation of the bank charter, and a contempt against the authority of the House committed.

They are of opinion that your committee were under no obligation of right to recognise any agent of the bank other than those generally known as such, and make their duty and right to inspect the books depend on the convenience or caprice of such deputation.

If such be the fact, then the examinations of the bank will, in all cases, depend on the disposition of the directors to have their proceedings examined.

Having been thus denied by the officers of the bank, and having been informed by the directors that they were not aware of having declined to furnish a room for the exclusive use of the committee, your committee, sincerely desirous to meet the wishes and directions of the House, believed it to be their duty to seek another interview with the committee of directors, and by arrangement met the committee of the board at the bank, on the 7th day of May, at an hour fixed by themselves.

Your committee then and there, in writing, required the committee of the board to produce to your committee, for inspection, certain books and papers of the bank, to enable your committee to inquire into the truth of representations made by the Government directors to the Pres ident of the United States and to Congress, and to ascertain whether the board of directors had violated the charter of the bank, by authorizing the exercise of illegal powers by their committees or officers, and whether the bank had any agency, through its management or money, in producing the present pressure, or has used its corpo. rate power or money to control the press, to interfere in politics, or influence elections.

Without giving a specific answer to these calls for books and papers, the committee of directors presented a writ ten communication, which was said to be "indicative of the mode of proceeding deemed right by the bank.”

The committee of the board, in that communication, express the opinion, that the inquiry can only be rightfully extended to alleged violations of the charter, and deny, virtually, the right of the House of Representatives to authorize the inquiries required in the resolution.

They also required of the committee of investigation, It has been maintained, and is insisted, that the right to "when they asked for books and papers, to state specifinspect the books of the bank carries with it the power ically, in writing, the purposes for which they are proto perform that office out of the banking-house, if it can-posed to be inspected; and if it be to establish a violation not be done conveniently and effectually therein; and your committee cannot perceive that just ground of complaint exists against a claim of power, in a committee of either House of Congress, which, by the laws, and with a wise regard to the public interest, is conceded to the judicial tribunals of both the Federal and State Governments.

The facts already stated demonstrate that a room could not be procured in the bank for the use of the committee, without a concession not to be recalled, which would have made your committee dependent on the courtesy of the directors of the bank at every step of their inquiry; and the various communications received from the directors and their committee, annexed to this report, will fully corroborate this statement.

Having failed to accomplish the object of procuring the books of the bank for inspection at their committee room, your committee felt it to be their duty to demand their submission for that purpose, at the bank, of the president and cashier of the bank, the usual and general agents of the corporation. For that purpose, on the 5th day of May, having apprized the committee of directors of their intention, at one o'clock they repaired to the bank, and there required the president and cashier, each of them respectively, to produce certain of the books of the bank, for inspection of the committee. This was refused by each of those officers, for reasons stated in writing, and to be found in the appendix to this report.

of the charter, then to state specifically, in writing, what are the alleged or supposed violations of the charter to which the evidence is alleged to be applicable."

To this extraordinary requirement, made on the sup. position that your committee were charged with the duty of crimination, or prosecution for criminal offence, and implying a right on the part of the directors to determine for what purposes the inspection should be made, and what books or papers should be submitted to inspection, your committee replied that they were not charged with the duty of criminating the bank, its directors, or others, but simply to inquire, amongst other things, whether any prosecution, in legal form, should be instituted; and from the nature of their duties, and the instructions of the House of Representatives, they were not bound to state specifically, in writing, any charges against the bank, or any special purpose for which they required the production of the books and papers for inspection.

A specific answer was requested to the calls which had been made.

The committee of the board, after deliberation, made a communication to your committee, in writing, in which they announced their purpose to adhere to their resolu. tion, and refused to submit the books and papers of the bank required by your committee to be produced for their inspection.

These calls were made in the bank, and in the presence

Affairs of the United States Bank.

In this act of refusal, which nothing that had occurred had prepared them to anticipate, your committee are of opinion that the charter of the bank was violated, and a contempt of the authority of the House of Representatives committed.

Your committee, acting under the instructions of the House of Representatives, without power to modify or enlarge them, charged to inquire, and not authorized to accuse or to arraign, except in their report to the House itself; armed with but the limited authority of a committee, unauthorized to punish, were necessarily compelled to the conclusion that, in the face of the obstructions already detailed, they could not efficiently prosecute the inquiries with which they were charged, without the aid of the power of the House of Representatives.

[23d CONG. 1st SESS.

of the committee of the board, and then and there a com-fied in declaring that, without the aid of compulsory pro. pliance with them was refused. Not feeling authorized cess, they cannot obey the directions of the House? If to regard this unexpected and unequivocal refusal as the extracts from their own books, made by their own clerks, act of the board of directors, your committee submitted will not be furnished, because they might be used to conthe proceedings of their committee to the board, and they duct an ex parte examination, what benefit could this comwere, by the board, fully approved and sanctioned." mittee expect to derive by access to the books themselves? Permission to take extracts for themselves could, and probably would, be denied, for the same reasons; and a committee of the House, without power to compel obedience to its demands, would have power to make no use of the books which was not approved by the directors themselves. And the House will be at no loss to deter mine what latitude they would be willing to give their inquiries. And without authentic extracts, such as were unhesitatingly furnished by the bank to both the former committees of investigation, your committee could very im. perfectly convey to the House the grounds of their conclu. sions, or the results of their inspections and examinations. In what condition, then, is your committee placed? The House have commanded them to inquire "what corruptions and abuses have existed in the management of the bank," "whether it has used its corporate power, or money, to interfere in politics, or influence elections." To do this, they have attempted to use the only means that can, by possibility, enable them to fulfil this duty; and they are refused by the directors access to those means which are in their custody, and which, by their charter, they are bound to furnish; because, say they, the inquiry this committee have been charged to make, "can only be rightfully extended to alleged violations of the charter." And even these violations of charter are not to be inquired of until the board is furnished with "a specification of all the charges intended to be inquired into." Should sup. posed violations of charter be specifically charged, then the directors are to decide whether the facts, if true as stated, would amount to technical violations of charter; and then, and not till then, will your committee be permitted to "proceed with them in order, as stated." It must be said that these pretences, by which the bank would justify its bold disregard of the provisions of its charter, are, in themselves, derogatory to the dignity, and contemptuous to the authority of the House, to which it, in part, owes its being.

Anxious, however, to perform their duty without complaint to the House, and in conformity with the proceedings of the committees of investigation of 1819 and 1832, your committee called on the bank, in a series of resolutions, to furnish statements and certain extracts and copies from their books and papers, which, in the opinion of your committee, were all intimately connected with their duties, and many of them indispensable to afford to the House of Representatives the information which they had directed your committee to obtain.

The first of these was responded to by the committee of directors, and the information furnished. Though useful, it was comparatively unimportant.

The board of directors, after del beration, refused to comply with the other calls, for reasons which will be found in their resolution in the appendix, and which reasons deserve examination, as manifesting the deliberate purpose of the directors to resist all attempts to examine into the proceedings of the corporation in the latitude required by your resolution.

They say that the board of directors do not feel them selves at liberty to comply with the requirement of the committee of investigation, because "part" of the copies called for "relate to matters over which the board have no control."

This reason, it is plain, cannot have had much weight in producing the decision of the board. If only a part of the information desired was beyond the control of the board, that fact could have been stated, and this committee would have cheerfully received the residue.

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28. The board say they cannot comply, because it would be impossible for them to do so within any reasonable time, having ascertained, by a careful examination, that the copies and statements called for by the resolutions of the 29th ultimo alone, would require the uninterrupted labor of two clerks for at least ten months."

This reason, it is also fair to presume, could not have materially influenced the decision of the board. If, in truth, an entire compliance with all the resolutions would require great labor, still that did not justify the refusal to comply with any one of them. Besides, the whole objection could have been obviated by the employment of more clerks than two, the compensation to whom, if paid either by the bank or this committee, would have been well expended in gratifying the requirements of the House of Representatives.

3d. The board say they cannot "comply, inasmuch as, in respect to a part of the papers called for, the effect would be the same as the surrender of their books and papers to a secret and ex parte examination."

Who can read this last reason for refusing, given by the directors, and fail to perceive that this committee is justi.

The committee believe that these proceedings of the bank directors, denying vital and essential powers to the two Houses of Congress, and asserting, in effect, a paramount and controlling authority over both, in executing a power devised as a check upon the bank itself, would justify a more extended comment. But confiding in the disposition of the House to maintain its own rights and dignity, and to sustain your committee in the faithful dis charge of their duty, they present, as a part of this report, the various resolutions adopted by your committee, with those received from the agents of the bank, as an appendix, declaratory of the powers believed to be possessed, and the purposes of your committee.

They believe that these resolutions will of themselves vindicate their conduct and proceedings from all those imputations which are to be found in the various communications of the directors, and their committee, and will serve to show that they have afforded no justification whatever for the extraordinary position ultimately taken by the committee of directors and the board; but that their determination not to permit any conduct of theirs, not involving breach of charter, to be investigated, must have been entertained long before it was made known to your committee, and that it was not communicated until every other means of preventing the examination had proved unavailing. But for this conduct, which your committee cannot regard as distinguished by frankness and candor, the absence of your committee from their duties in the House would have been of much shorter continuance.

Believing they had now exhausted, in their efforts to

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execute the duty devolved upon them, all reasonable be permitted to decide for himself, otherwise evidence means depending solely upon the provisions of the bank might be withheld without good cause. As to the sup charter, to obtain the inspection of the books of this cor- position that the directors, or the corporation under their poration, your committee were at last reluctantly com- control, are to be considered parties to the inquest this pelled to resort to the subpoenas which had been fur- committee was directed to institute, it has already been nished to them under the seal of this House, and attested answered in this report, and needs no further reply. If by its Clerk. They, thereby, on the 9th instan', directed the inquest had been prosecuted, and had satisfied Conthe marshal of the eastern district of Pennsylvania to sum-gress or the President that a scire facias ought to issue, mon Nicholas Biddle, president, and thirteen other per- then, and not till then, could the bank directors become sons, directors of the bank, to attend at their committee parties to the proceedings, and, under that principle, room, on the next day at twelve o'clock at noon, to tes- attempt to conceal transactions known only to themselves; tify concerning the matters of which your committee were and even then their books might be used as evidence authorized to inquire, and to bring with them certain against them. Justice requires us to add, that the direct. books therein named for inspection. The marshal served ors, while they protested against our right to examine the summons in due form of law, and at the time appoint- them, declared they had no knowledge, which, if a necesed the persons therein named appeared before the com- sary regard to their duties, and the rights of others, permittee, and presented a written communication signed by mitted, they would not willingly expose without reserve. each of them, as the answer of each to the requirements Under such circumstances, it is to be regretted that of the subpoena. In this paper they declare that they they have not imitated the course of the directors of 1819 do not produce the books required, because they are not and 1832, by waiving their supposed technical rights, and in the custody of either of us, but, as has been heretofore inviting an unrestrained examination of their proceedings. stated, of the board," and add, "considering that, as cor- Such conduct could not but have gained public approbaporators and as directors, we are parties to the proceed- tion; and, it is humbly conceived, could not have been ing, we do not consider ourselves bound to testify, and reasonably objected to by any persons having business therefore respectfully decline to do so." with the institution. If such had been the course of the directors, the committee hope to be pardoned for saying it was their purpose to have endeavored to have perform. ed the duties which had been enjoined, thoroughly, im. partially, and with a rigid adherence to the immutable principles of truth and justice.

Your committee will not dwell long to answer these technical excuses for this contempt of the lawful-mandate of the House. They are to be found at large in the written document above referred to. Most of them, it is believed, have been already satisfactorily answered. The two novel excuses herein set forth cannot but be condemned as insufficient. The first is founded on a very refined distinction between the power of the directors as persons and as corporators. The same persons have and have not power to submit the books. As corporators, the custody of the books is in them; but as individuals, although collectively assembled, the same books are not under their control. Thus, by an attenuated technicality, the lawful authority of the House is to be defied. If, in one room of the bank, they must be esteemed as "individual citizens," who may lawfully disregard the subpana duces tecum, because they have not the book demanded; if, in another room of the same house, by a transmigration not known to heathen philosophy, their identity is gone; they have become mere ideal creatures, on which not even a subpoena ad testificandum can be served. To make this excuse still more extraordinary, let it be remembered that seven of the gentlemen by whom it is offered had been appointed by the board of directors to exhibit the books of the bank for inspection, and of course must have had the right to that exclusive possession for that purpose. The reason assigned for the refusal to be sworn is parallel with that which has just been considered. They claim, that, as corporators and directors, they are parties to the proceedings of the House, and therefore not bound to give testimony. It is a humane rule to be found in the criminal law, which declares that no man shall be compelled to criminate himself, and one which this committee would be unwilling, under any circumstances, to deny; but your committee are not aware of any principle of evi- | dence which will excuse a person for refusing to give testimony, simply because it may subject him to a civil

action.

There are provisions in the bank charter making the directors liable to a civil suit if proved to have participated in certain transactions therein mentioned. But it ought not to be supposed that any thing can be found on the books of the bank that would subject the directors to a criminal prosecution. Even if the latter supposition be not entirely without foundation, still it is insisted that a witness called on to testify, must do so, unless the court, or other tribunal, before which he appears, sball adjudge that he is interested. That question the witness cannot

Thus, your committee conclude, the just power and authority of the House of Representatives have been set at naught, defied, and contemned.

Thus the charter of the Bank of the United States has been deliberately violated, by repeated refusals of the directors of that corporation to submit their books and papers to the inspection of this committee.

Thus have the just expectations of the House, and of their constituents, been disappointed, and all means of obtaining the best and most accurate information concerning the operations of a controlling moneyed institution, been cut off and denied.

It remains for the House and the country to decide how far this conduct of that directory has been dictated by their solumn duty, as declared, to protect the interests of others committed specially to their protection; how far it conforms to those principles of action which are based on conscious integrity and uprightness of purpose, which defies scrutiny, and invites investigation; and how far it shall be received as a plea of guilty to the high misdemeanors which they insist have been charged against the corporation of which they have the management and con. trol.

These grave questions, with others growing out of the transactions and proceedings, are left to be decided by the House of Representatives.

To elicit those opinions, the following resolutions are most respectfully submitted:

1. Resolved, That, by the charter of the Bank of the United States, the right was expressly reserved to either House of Congress, by the appointment of a committee, to inspect the books, and to examine into the proceedings of the said bank, as well as to ascertain if at any time it had violated its charter.

2. Resolved, That the resolution of the House of Repre sentatives, passed on the 4th of April, 1834, for the ap pointment of a committee, with full powers to make the investigations embraced in said resolution, was in accordance with the provisions of the charter of said bank and the power of this House.

3. Resolved, That the president and board of directors of the Bank of the United States, by refusing to submit for inspection the books and papers of the bank, as called

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