Western Sun & General Advertiser, Volume 25, Number 21, Vincennes, Knox County, 14 June 1834 — Page 2

-into the truth of representations made by ' the Government Directors to the President of the United States and to Congress; -and to .ascertain whether the Board of Directors had iolated the charter of the Bank, by authorizing the exercise of illegal powers by their committees or officers, nnd whether the Hunk had any agency,

tnrougti us management or money, in producing the pressure, or has used its corporate power or money to control the press, to interfere in politics, or influence dec i inn a Without giving a specific answer to thcc calls for bonks and papers, the committee of Directors presented a written communication, which was said to be "in-1 aicauve ti me mouc 01 proceeding deemed right by the Bank.' The- committee of the Board in that Titn rrt J til rn t mm hvitkcs tr muninii tti'it . 1 . --. - j 7 the inquiry can only be rightfully extended to alleged violations of the charter, and deny virtually the richt of the House of Representatives to authorize the inquiries required in the resolution. They also required of the committee of Investigation," when they asked for books and papers, to state specifically in writing, the purposes for which they are proposed to be inspected; and if it be to establish a violation 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, mado on the supposition 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 where not bound to state specifically in writing any charges against the, Bank, or any special purpose for which they resquired the production of the books and papers for inspection. A specific answer was requested to the call wliich had been made. The Committee of the Board, after deliberation, made a communication to your committee, in writing, in which they annnnnrpd their nurnese to adhere to their i i resolution, and refused to submit lhe books and papers of the Bank, required by your committee- to be produced for their inspection. These calls were made in the Bank, nnd in the presence of tho Commitcc of the Board, and then and there a compliance with them was refused. Not feeling authorized to regard this unequivocal refusal as the act of the Board of Directors, your Cnmrmttrr! submitted the proceedings V tlI vvvw I O of their committee to the Board, and they were by the Board "fully approved and sanctioned." In this act of refusal, which nothing that had occurred had prepared them to anticipate, your committee arc of opinion, that the charter of the Bank was violated, and a contempt of the authoriy of the House of Representees 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 cf the power of the House of Representatives. Anxious, however, to perform their du-1 tv without 'complaint to the House, and i

comformitv with the proceeding of the jJ"sHty a more extended comment. Bat Committee of Investigation of LSI.) and j coniuling m the deposition ot the House 1S3 vour committee called on the Bank,! to maintain its own rights and dignity,

in a series of resolutions, to furnish state- jaiul w sustain our commmeu in uie launmenK and certain extracts and conies I tul discharge ot their duty, they present from their books and papers, which, iasapaitut this report the various resolu-

the nninian of vour committee, were all union ot vour committee, were an itelv connected with their duties, nanv of them indispensable to af-! ..." t - , . , , . jntima nn.l rv. inv nf I 'l rill lU'ilSOCn ford to the House of Rciirocutatives the ! xnformation winch they had directed your committee to obtain. The first of uVse was responded to by tho Committee of Directors, and the information furnished. Though useful it was entirely unimportant. I he board et Directors, after deliocra- j

tion, refased to comply wiih the other calls, j cvcr for the cxlraordinarv position ultifor reasons which will bo found in their matelv taken bv the committee of Direcrcsolution in the appendix, and which rea- lQTS anj tj,0 Hoard. Bat that their deterFons deserve examination, as manifesting mination not to permit auv conduct of the deliberate purpose of the Directors to tj,cjrs llol involving breach 'of charter, to resist ;dl attempts to examine into tho pro- be investigated, must have been -cuter, cccdinsot the corporation in the latitude !..,:.. i ..." t :. ....... i

jcquired by your resolution. ... i i They say, tint tle Board of Directors do not feel themselves at libcrtv to comply with the requirement uf the committer of. Investigation, because "part"1 of the copies called for relate to mailers over vhich the Board have no control." This reason, it is plain, cannot have had much weight in producing the ilccis ion of the board. If only a part of the information desired was beyond the control of iho Board, that fact could have been bUted, and this committee would have cheerfully received the residue.

2d. The Board say, they cannot com-

ply, 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 20th ult. 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 tint did not justify the refusal to comply with any one of them. Besides tne whole objection could have been obviated by the employ mcnt of morc c!crI;3 than lhe com pensatien to whom, if paid either by the Bank or this committee, would have been well expended m gratifying the requirement of tlu House cf Representatives. Sd. Tin Board say they cannot "comply, inasmuch as in respect to a part of the papers called for, the effect would be the sain? as the surrender of their books and papers to a secret and cx parte examiuaHon. Who can read this last reason for refusing, given by the Directors, and fail to perceive that this committee is justified in declaring, that without tho aid of compulsory process, they cannot obey the directions of tho House. If extracts from their own books, made by their own clerks, will not be furnished, because they might be used to conduct an cx parte examination, what benefit could this committee expect to derive by access to the bocks 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 determine what latitune thev would be willinji to give their inquiries. And without authentic extracts, such as were unhesitatingly furnished by the Bank to both the former committees of investigation, vour committee could very imperfecta convey to the House the grounds of their conclusions, or the result of their inspection and examination. In what condition, then, is your committee placed? Tbe 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.'1 To do this, they .have attempted to use tho only means that can, by possibility, enable them to fulfil this dutv; and thev are refused by the Directors access to those means which are in their custodv, and which by their chatter, they are bound to furnish. Because, say they, the inquiry this committee has 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 supposed violations of charter be specifically charged, then the Directors are to decide whether the facts, it 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 conlemptous to the authority, of the House, to which it in fact owes its beinix. 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 authori ty over both in executing a power, devised (as a check upon the Bank itself, would auojuco u our commmee, wnn ""T"-" "j those received from the agents of the Bank, as appendix, declaratory of the povvors believed to be possessed, and the pur poses ot your committtee. They believe that these resolutions will of themselv es vindicate their conduct and proceedings from all those imputations j which are to be toundin the various communications of the Directors, and their committee, and will serve to show that ti... i,.ivi, . nffmled no justification whatUlllRU eciUIC Ik U3 uiuuy ftiiunil iu vour committee and that it was not commuuicated until every other means of preventing the examination had proved unavailing. But for this conduct, which ycur committee cannot regard as distinguished by frankness and candor, the absence of ' ur committee, from their duties ia the II nise would have been of mucli shorter continuance. Believing they had now exhausted in their efforts to execute the duty devolved upon thrt, all reasonable means depending solely upon the provisions of the Bank charter, to obtain the. inaction of the

boks of this" corporation, your commit- J

ter,vere at last reluctantly compelled to deticd, and contemned, resjrt to the subpoenas which had been fur- j Thus, the charter of the Bank of the nUicd to them under the seal of this j United States has been deliberately violaHuise, and attested by its Clerk. They, ted, by repeated refusals of the Directors thq-eby,on the ihh inst. directed the Mar-; of that corporation to submit their books shrl of the Eastern District of lVnnsylva-! and papers to the inspection of this com

ma to summon iNicholas Riddle, President, anc thirteen other persons directors ot tne bank, to attend at their committee room, ; on the next day, at 1 o clock, at noon, to . testily concerning the matters ot winch your committee were authorized to inquire, and to bring with them certain books therein named for inspection. The Marshal served the summons in due form of law, and at the time appointed, the pcrsons therein name! appeared before the I committee and presented a written com munication signed by each of thcrn, as the pnswerof each to the requirements of the supcrna (which is in the appendix to this report.) In this paper they declare niui inv, uvst in uuui v i iyuuft3 red, because they are not in the custody of j r l ..- C . . !... n -, 1. .. I I. 1 ciiiici ui us-, imii us iius oeeu iieieiunjiu stated, of the Board," and add, "considering that as corporators nnd Directors, we are parties to the proceeding we do not consider ourselves bound to testify, and therefore respectfully decline to do so' Your committee will not dwell long to answer these technical excuses for this contempt of the lawful mandate of the House. They arc 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 arc not under their control. Thus, by an attenuated technicality, the lawful authority of the House is to be defied. If, in ono room of the Bank they must be esteemed as ''individual citizens,'" who may lawfully disregard a subpoena duces tecum, because they have not tho book demanded if, in another room of tho 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 hy whom itisoflered had been appointed by the Board of Directors to exhibit tho 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 tho refusal to be sworn is parallel with that which has just been considered that, as corporators and directors, thev 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 anv circumstances, to deny, but your committee are notaware of any principle of evidence which will excuse a person for refusing to give testimony, simply because it may subject him to a civil action. There aro provisions in the Bank chartor, 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 thinj aui 10 uo suppobou mai any iniug und on the Books of the Id subject the Directors to a crijsecution. Even if the latter supbe not entirely without foundacan be found that won! minal prosecution position be not entirely without founda tion, still it is insisted that a witness call ed on to testify, must do so, unless the court or other tribunal before which he appears shall adjudge that he is interested. That question the witness cannot be permitted to decide for himself, otherwise evidence might be withheld without good cause. As to the supposition that the Directors, or the corporation under their control, aro to be considered parties to the inquest this committee was directed to institute, it has already been answered in this report and needs no further reply. If the inquest had been prosecuted, and had satisfied congress, or the President, that a scire facias, ought to issue, then, and not til! then, could the Bank Directors become parties to the proceeding, and under that princple, attempt to conceal transactions known only to themselves; and even then their books might be used as evidence against them. Justice requires us to add, that the Directors, while they protested against our right to examine them, declared they had no knowledge, which, if a necessary regard to their dutv and the rights of others permitted, they would cot willingly expose without reserve. Under such circumstances, it is to be . . . . i regretted that they have not imitated the coarse of the Directors of ISlUand lb3', by waiving their supposed technical rights and inviting an unrestrained examination of their proceedings. Such conduct could not but have gained public approbation; and it is humbly conceived, could not have been reasonably objected to by any persons having business with the institution. If such had been the course of the Directors, the committee hope to be pardoned for sav ing it was their purpose to bave endeavoured to have performed the duties which had been enjoined, tho roughly, impartially, and with a rigid ad herence to the immutable principles of j truth and justice. Thus, vour committee conclude, the

just power and authority of tho Huo oi i

Representatives have been set at naught,! -

mittee. thus nave tne just expectations of the j House and oi their constituents been dis-J appointed, and all means ot obtaining the best and most accurate information con ccrning 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 bv their sol emu dutv, as declared, to protect the in tcrests of others committed specially to thair protection. How far it conforms to those principles cf action which are based on conscious integrity nnd uprightness of I'm uw.?i. , n mill utiiLj ct.1u11111.u11u 1 11 investigation; and how far it shall be re ceived as a plea of guiltv to the high mis demeanors which they insist havt, been charged against the corporation of which they have the management and control. 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 tho 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. Resohed, That the resolution of the House of Representatives, passed on the 4th of April, 1831, for the appointment 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. 13. Resolved, That the President and Board of Directors of the Bank of the United Stales, by refusing to submit for inspection, the books and papers of the Bank, as called for by the committee of the House of Representatives, have contemned the legitimate authority cf the House, asserting for themselves powers and privileges not contemplated by the framcrs of their charter, nor in fairness deducible from any of the terms or provisions of that instrument. 1. Resolved, That cither House of Congress has the right to compel the production of any such books or papers as have been called for by their committee, and also to compel said President and Directors to testify to such interrogatories as were necessary to'a full and perfect understanding of tho proceedings of the Bank at any period within the term of its existence. 5. Resolved, That the Speaker of this House do issue his warrant to the Ser-geant-at-Arms, to arrest Nicholas Biddle, President, Manuel Eyre, Lawrence Lewis, Ambrose White, Daniel V. Cox, John Holmes, Charles Chauncev, John Goddard, John R. NelT, William Piatt, Matthew Nowkirk, James C. Fisher, John S. Henry, and and John Sergeant, Directors of tho Bank of the United States, and bring them to the Bar of this House, to answer for their contempt of its lawful authority. -jh-- IM ,. ftg "pi J JL Jl Lffs viG to Hj) oLthelS PRINTERS. the ill health of the Editor of the New Castle Advertiser he is desirous of disposing of the subscription list, which is as respectable as any country paper in the state. He wishes likewise to dispose of the subscription list of a popular semi-monthly publication, which consists of about thirteen hundred subscribers; and published at the same ofllce of the New Castle Advertiser, all of which will be disposed of on reasonable terms. The publisher of the above named papers, will dispose of the printing establishment on favorable terms; or he would associate himself with a gentleman capable of conducting the editorial department. To any one desirous of embarking in the business, the opening is a desi rable one. The office of the publisher is very extensive for a country establishment; sufficiently soto admit cf div iding into two offices. It consists in part, of Long Primmer, Brevier, Nonpariei and a great vari ety of other Tvpe, all new; a part of which has not been in use more than three months, two Presses, (one new) and all the materials belonging to a printing olhce Letters addressed to the ubscribcr, New Y-a ' Ky". 1Hst J"1' WM rCCCIVC Iinme" ili:ito -.ittritii diate attention. A. W. Mc GREGOR. April 20, 1S31. 10WHISKEY, O BBLS. of superior quafar sale by S. W. J. WISE. 15-tf May 3, KTOTICS! ALL those indebted to the late firm of Tomlinson V Ross are requested to cill and settle their notes and accounts j without delay, at the cilice of the Wabash Insurance Cornpanv, where they have left for collection. A. LkROY, Asrcnt.

fflll?

1S31

3

'incennes, April CO, 1)1. H-U'

FOR SALE.

THE Tract of Land on which I now reside, containing 111 Ivinir within a half mile cf the own of Carlisle, Sullivan countv la. There aro r , x upon the premises a comfortable NEW FRAMC DWELLING HOUSE, Well finished, and convenient for a largo family or a small one, with necessary out houses; about 30 acres of land in cultivation, a good meadow and a voung APPLE ORCHARD., ALSO, ABOUT 92 ACRES , lying in a half mile cf the tract on which I live, which has about twenty five acres under good fence and ia cultivation, with an Orchard of about 50 LARGE APPLE TREES, cf an excellent qualiof fruit.ty Th above land is supplied with plenty of tho best ot timber, and A SUGAR ORCHARD. A further description would be unnecessary as the subscriber supposes no person would wish to purchase without looking at the premises, and he is well satisfied that any person w ill be well pleased with tho quality of the land as well as its situation. Having determined to move from tko country, the subscriber will give a great bargain in the land above mentioned if early application bo made. W. R. HADDOX. MaylO, 1S31. lS-7t TO THE PUBLIC. THE subscribers tender their sincere thanks to their friends and customers for the liberal patronage heretnlnm re ceived, and solicit a continuation. We dbelieve it will be to the interest of thesu wishing to purchase to call and examine our A, NEW GOODS, JYOir OPEXIXG, which has been selected with great csro in the eastern cities, which added to our former stock will make our assortment complete, for the present and approaching seasons, all of which are ollered as lo w Ff not lo wer than any previous stock, for cash or most kinds cf country produce in exchange. BURTCH&HEBERD. Vincenncs, Lt.May 3, 15-3m JSEW GOODS, SMITH 5- CARSON. ESPECTFULLY inform their friend and the public that they have jiut received from the east, their SPRING & STreiEIER ASSORTMENT OF f () (D ID S which will be found very select and complete, comprising mostly every article generally called for, and it i- only necessary to say that THEY HAVE to be sold, and WILL BE sold, unusually low for CASH. J Vincennes,3d May, 1631 15-tf THE subscribers inform their friend and the public that thev have just received from Philadelphia', Raltiizcrc and Pittsburh, A XV,' AND CEXEKAL ASSOP.T1IEXT OP goods, g Suitable for the present and approaching seasons consisting cf FOREIGN AND DOMESTIC DB.Y &OODS, Hardware, Saddlery, and CUTLERY, CHINA, GLASS, AND mi -ill-Lb! Ll LS-. Li LEGHORN &. STRAW BONNETS. SILK, FUR, PALM, Jc WOOL emtlxiw, l?dls, set. Eojf's Tonic and Anti-Dyspeptic Pills, A large and general assortment of Ladies, Gentlemen's, and Children's BOOTS & SHOES. This stock of Goods has been carefullv selected for this market, and will be sold unusually low for Cash, or approved Barter. S. &. W. J. WISE. Vincenncs, April 23, 1S31 14-:f TIN AND SHEET-IRON ItlANUFACTORl' r Ik T H 1 W rtAVi a LARGE asortmrr.r r.f TIN 'ARE on hand, which I will kHI

JUM

wholesale or retail low for CASH or PRODUCE, such a may suit. Job work done at short notice. N. SMITH. Vmcennes. Jan. CI. 1S3?. 50 tf CLERIL'SIUINIIS. JCST PRINTED AM) FOR s LPm A T THIS OFFICE