Western Sun & General Advertiser, Volume 25, Number 24, Vincennes, Knox County, 5 July 1834 — Page 1

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;V APPENDIX the Report of the Bank Investigation Committee. concluded. 4. Resolved, That the Committee of Directors be, and they are hereby, requested nd required to submit, for the inspection of this committee, the credit books and pay lists of the Bank, to enable this committee to ascertain "whether it has used its corporate powers or money to control thpprcss, to interfere in politics, or influence elections.'1 True copv : EDW. D. INGRAHAM, Sec. May 7. 1834. Com. of Investigation. 5. Resolved, That the Committee of Directors he'reauested and required to subtnit, for the inspection of this committee, rfltninute books of the Bank, together with the corresponaence, journals, anu other memorandums of the proceedings of the Committee of Exchange, on the slate of the Bank, and on the offices, that this committee may be enabled to ascertain whether the Bank has had any agency, through its management or monev, in producing the present pressure. True copv: EDW. D. INGRAHAM, Sec. Mav 7. 1834. Com. of Investigation. Resolved, That the Committee of Directors be, and they arc hereby, requested rnd required to submit, for the inspection of this committee, the minute books containing the proceedings of the Board of Directors, together with the correspondence, journals of the President of the Bank, the Exchange Committee, the Committee on the state of the Bank, and committee on the Offices, that this committee may be enabled to judge whether the Board of Directors have violated the charter ol the ink bv authorizing, permitting, or sanctKiimthe exercise of improper and ille;l powers bv those committees, or by the President of the Bank. 1 rue copy : EDW. D. INGRAHAM, Sec. May 7,1831. Com. of Investigation. No. 42. Bank of tiie U. State?, ) May S, 1831. Sir: I have the honor to enclose to you n. copy of a resolution of the Committee of tli Board, and to be, With great respect, your most obedient crvant. JOHN SLuLiLiAA 1, Uu m. Hon. Fk.vncis Thomas, Ch'm. Com. of Investigation. No. 13 Enclosed in the foregoing. Resolved, That after full deliberation, and with every feeling'of respect for the House of Representatives, and for the Committee appointed by them, and with a firm conviction that they have nothing to fear from scrutiny of the affairs of the Bank, however severe, the Committee ot the Board are constrained to adhere to the resolutions yesterday handed to the Committee of Investigation, and to decline complying with the calls heretofore made upon them, in any other manner than is therein laid down; believing this to be their duty, from which they are not at libt rty to depart.

VEXTOEETEffES, (la.) SiiTUZlDiLY, JULY 5, 2835.

No. 44. Whereas at a special meeting of the board of directors of the Bank of the United Stales, held at the bank on the 24th of April. in this present year, a

resolution was adopted and communica- j President and Directors of the Bank of ted to the committee of the House of Re-1 the United States, declared that, in dispresentatives, by which a "Committee of i charging the duties confided to them by seven members was appointed" to receive the House of Representatives, thorclaimthe Committee of the House Representa- ed on their responsibility to tOUouse

tives ot the u. btates, and to oiler for their inspection such books and papers of the ! Bank as may be necessary to exhibit the ' proceedings of the corporation, accordin to the requirement of the charter. And whereas, at a room in the banking house, on the 7th day of May instant, die

Committee of the House of RepresentSM iegalform, shall be instituted: and that, in tives required of the Committee of thi; so doing, they would afford to every pcrBoard of Directors the production of cer- son, who might appear to be implicated by tain books and papers of the Bank of the! their examinations, full and fair opportuU. S. by the Committee of the House ofjnityof explanation and defence: Representatives to be then and there in- "Resolved, therefore, That in performing spected, as set forth in the following reso-i the datv of "inspecting the books and cx-

lutions: "Ordered, That the minute book, containing the proceedings of the Board of Directors from the 30th September. 1830, to this date, May 7, 1831, to be procured for inspection." "Ordered, That the books showing the accounts of , of , with the Bank of the U. States with the notes and papers explanatory of such account, from the 1st of January, 1832, to this day, be submitted to the inspection of the Committee." "Ordered, That the expense book of the Bank, with the vouchcrps showing the expense of the Bank incurrj&d under a resolution of the 30th of Noverfiber, 1830, be submitted to the inspection of the Committee of Investigation." "Ordered, That the Committee of Directors be requested and required to submit, for the inspection, of this committee, the minute books of the Bank, together with the correspondence, journals and other memorandums of the proceedings of the Committee of Exchange on the state of the Bank, and on the Offices, that this Committee may be enabled to ascertain whether the Bank has had any agency, through its management or money, in producing the pressure." "Ordered, ThaWta Committee of Directors be, and thev Jre hereby, requested and required to subr, for the inspection of this committee, the minute books con taining the proceedings of the Board of Directors, together with the correspon dence, journals of the President of the Bank, the Exchange Committee, the Com mittee on the Bank, and the Committee on the offices, that this committee may be enabled to judge whether the Board of Di rectors have violated the charter of the Bank, by authorizing, permitting or sanctioning the exercise of improper and illegal power by the committees, or by the Presinent of the Bank." And as preliminary to a reply, received from the Committeee of the Board of Di rectors, a preamble and resolution as follows: "Whereas it appears from the resolution of the House of Representatives of the United States appointing the Committee of Investigation, that two distinct inquiries were contemplated, one of them directed to ascertain whether the charter had been violated and limited to the acts of the corporation: and the other so very general &. indefinite as to make it difficult 11 not impossible, to sav wnemer its as any limits at all, either as to the ma 1 to be inquired into or the mode of pursuing the inquiry: And whereas it appears, from calls made by the Committee of Investi gation, that they have proposed a very wide range, embracing, among other thinjrs, an extensive examination of the acts, transactions, accounts, and letters of individuals, and thus instituting a kind of general search, which is the more objeciiouause, uecause, 11 11 naeany purpose 1 :r i .. .. at all, it must be to criminate those individuais as well as the bank: and 11 it have not this purpose it is without anv as - signable object, and would be an injurious invasion ol private interest: And whereas, unaer mese circumstances, it is tnc uu - ty of the Committee bv all lawful means, to protect the rights and sacred confidence entrusted to their keeping, and to yield nothing, by consent, which cannot be lerrallv demanded lrom them: And whereas, after careful and anxious consideration they are of opinion that the inquiry can only be rightfully extended to alleged vio lations of tho charter, and this inquiry ought to be conducted according to some certain principles and rules: theQA, "nesoivea, inat me omnnueruvestigation be respectfully required, when they ask for books and papers, to state

specifically, in writing the purposes fori Resolved, That the Board, having heard which they are proposed to be inspected;' the report of the Committee appointed on and if it be to establish a violation of the j the '-Mth ultimo, upon the matters refercharter, then to state specifically, ia wri-j red to them this morning, do fully approve ting what arc the alledgeJPr supposed via- j and sanction tho resolutions adopted bv r.i 1 .1 . ... .. . .. "

muuiisui uie uuaner 10 me evidence 111 . . . - .... is alleged or supposed to be applicable. ltRtsolved, That, in the opinion of this

Committee, it would very much ccudujlas follows:

to the purposes 01 justice, as woll as to the convenience of all concerned, if the Committee of Investigation would furnish a specification of all the charges intended to bo inquired into, and proceed with them ia order as tated.M

Which being considered, was replied to by this committee, as follows: "vVhereas this committee have,bv resolutions severally communicated to the and to their constituents, to reguRrttthcir proceeding?, to judge ot the extent of their powers and duties for themselves; that they arc not charged with the duty of criminating the Bank, its Directors, or others, but simply to inquire, amongst other things, whether such prosecution, in amiriimr into the proceedings of theVJSnk. uie tommiuee cannoi riEiiuuiiyj-e lTinr- .? . .-n c-d," and from the nature of thcrr-.Jles cannot comply with the request, to state specifically in writing, the purposes for which they are proposed to bo inspected. "Resolved That the Committee cannot comply with a request or requisition to specify what are the supposed violations of the charter because they are not conducting a prosecution, but inquiring whether one shall be instituted." And a specific answer requested. That, in answer to these several -calls, the Committee has received the following: "Baxk U. States, Slay 8, 1834. Sir: 1 have the honor to enclose to you a copy of a resolution of the Committee of the Board, and to be, with great respect, Your most obedient servant, JOHN SERGEANT, Ch'm. The Hon. Francis Thomas, Ch'm. of the Com. of Investigation. Rcschcd, That, after full deliberation, and with every feeling of respect for the House of Representatives, and for the Committee appointed by them, and with a firm conviction that they have nothing to fear from scrutiny of the affairs of the Bank, however severe, the Committee of the Board are constrained to adhere to the resolution, yesterday handed to the Committee of Investigation, and to decline complying with the calls heretofore made .1 . .1 upon uiem, in any otner manner than is therein laid down, believing this to be their duty, from which they are not at libertv to depart." And whereas this Committee docs not feel authorised to consider the act of the Committee of the Board of Directors in thus refusing to submit the books andV pers called for to the inspection QCthe Committee of the House of Represent tives, as within the authority conferred on their Committee bv the Board of Direc tors, and thus the act of the corporation: therelorc, Resolved, That the chairman be re quested to communicate this resolution to the President of the Bank of the United States, and to ask that it may be submit ted to the Bnard of Directors, and this Committee informed by the said Board whether the refusal of the committee afore said is to be regarded as the act of the Board, or done by its authority. Resolved, That the chairman be direct cd to transmit this resolution to the Pros ident of the Bank of the United States. North American Hotel, May 8, 1831. Sir: I have the honor to enclose to you two resolutions which have been adopted by the Committee of Investigation, a ask the favor of you to submit them the consideration of the Board of 1) tors at an early hour. I have the honor to be, respectfully FRANCIS THOMAS, Ch m.' Com. of Investigation Nicaolas Diddle, Esq. Prcs't. U. S. Bank - , io. la. Baxk U. States, May 0, 1831 i Sir; 1 had last evening the honor ! ceiving vour letter dated "North Amcr can Hotel, May 8, 183 1," accompanying a copy of two resolutions ot the Commit ; teo ot investigation. j These papers were submitted to t j Board of Directors at their meeting thi j morning, and I am instructed to transmit j to you c copy of their proceedings thereon. I his 1 accordingly do, with the assurance of the respect of yours, N. B1DDLE, President. Hon. Francis Thomas, Ch'm. Com. of Investigation, Fhila. j j Enclosed in the foregoing. j ai a meeting ol tne lioard ot Directory ; held this day, the following rcsolutioj i were unanimou-lv adopted : 4W i the committee on tnc tu and Mh ln-tant. 1 ... . and presented by them to the Committee 01 investigation; wuicn resolutions are Whereas it appears, from tho resolution of the House of Representatives cf the United States, appointing th? Committee of Investigation, that two distinct inn ji-! j ncs wore contemplated ; one of them di-! I rectiid to ascertain whether tho charter!

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had been violated, and limited to the acts of the corporation, and the other so very general and indefinite, as to make it difficult, if not impossible to say whether it has any limits (it all, cither as to the matters to be inquired into, or the mode of pursuing the inquiry: and whereas it appears, from the calls made by the Committee cf Investigation, that they have propossd a very wide range, .mbracing, among other things, an extensive examination of the acts, transactions, accounts, and letters of individuals, and thus mstiuting a kind of general search, which is the more objectionable, because, if it have any purpose at all, it must be to criminalc those individuals as well as the Bank; and t it have not this purpose, it is without any assignable object, and would be an riprious invasion of private interests: and whereas, under these circumstances, t is the duty of this committee, bv all awful means, to protect the rights aud sa cred confidence entrusted to their keeping, and to yield nothing by consent which cannot be legally demanded of them: and whereas, after careful and anxious consideration, they arc of opinion that the in quiry can be only rightfully extended to alleged violations of the charier, and this inquiry ought to be conducted according to some certain principles and rules: ficretorc, Resolved, That the Committee of In vestigation be respectfully required, when they ask for books and papers, to state specifically, in writing, the purposes for which thev are proposed to be inspected: and if it be to establish a violation of the charter, then to state specifically, in wning, what are the alleged or supposed vi olations of the charter, to which the evi dence is alleged or supposed to be applicale. V Resolved, That, in the opinion of thj committee, it would very much conduce to he purposes of justice, as well as to tho convenience of all concerned, if the Com mittee of Investigation would furnish a specification of all the charges intended o be inquired into, and proceed with them in order as stated. Here follows the resolution of the 8th inst. enclosed in the letter of the Presi dent of the 8th inst. to the Chairman of he Committee of Investigation. Resolved, That the President be re quested to send a copy of the above reso lution, duly certified, to the Chairman of the Committee of Investination. 'n ATI By authority of the House of Repren tativcs of the U. S. v To Benjamin F. Bonsall, Marshal of ihe Eastern District of Pennsylvania. You are hereby commanded to summon Nicholas Biddlc, President, Emanuel Eyre, Matthew INewkirk, John Sergeant, Charles Chauncey, John S. Henry, John R. Nctf, Ambrose White, Daniel W. Coxe, John Goddard, James C Fisher, Lawrence Lewis, John Holmes, and William Piatt, Directors of the Bank of the United States, to be and appear before tin Committee of the House of Representatives of the United States, appointed on the 4th day of April, 1831, "for the purpose of ascertaining, as far as practicable, the cause of the uiu.i-ii.iai ciiiuani55llll.Hl tlllU U1S complained of by numerous citizen the United btates, in sundry memonaTNJ

wiiui nae ueen presented to congress an nuttee, and in the spirit of frankness rethc present session, and of inquiring whe- quired by the respect that is due to them" ther the charter of the Bank of tho Uni- we have deemed it proper to con.W ilJ

ted States has been violated, and also, what corruptions and abuses have existed in its management; whether it has used its corporate power, or money, to control the press, to interfere in politics, or influence elections; and whether it has had any agency, through its management or money, in producing the existing pressure; also, to inspect the books and examine into the proceedings of tho said Bank, and w hether the provisions of the charter have been violated or not; and what abuses, corruptions, or malpractices have existed in the management of said Bank; and also to examine into thcalTairs of the said Bank and branches; and further, to visit the principal Bank, or any of its branches, for the purpose cf inspecting the books, corresdondencc. accounts, and other papers connected with its management or business," in their chamber in the North American Hotel, in the city of Philadelphia, and to bring with them the credit books of said Ihnk, shew ing the indebtedness of individuals tsaid Bank, on the 10th day of May instant, at the hour of twelve o'clock, M., then Snd there to testify touching the matters oV said inquiry, and to submit said bocks to said committee for inspection. Herein fail not, and make return of this summons. Witness the seal of the House of Representatives cf the United States, and the signature cf the honorable I'rancis Th jmas, Chairman of the said Committee, at the City of Philadelphia, this ninth day of May, in the year one thousand cyht hundred and thirty-four. Attest : FRANCIUOMAS. W. S. FRANKLIN, Clerk House Repiesentitive, V. S. 3Isrshal't Office, Phila. May 10th, Served the within, on tlo individual

VOL. SSTT. no. 23

within named, to-wit: Nicholas Biddlo Emanuel Eyre, Lawrence Lewis, Ambrose White, Daniel W. Coxe, John Holmes, Charles Chauncey, John Goddard,' Joha R. NefT, William Plattand Matthew Nowkirk, by handing a copy thereof to each of them, on Friday, the 9th inst. and on James C. Fisher, John S. Henry, and John Sergeant, by handing a copy thereof to each of them on the 10th day of hUr instant, between the hours of S and 0 a ia. So answers BENJ. S. BOXSALL, Marshal Eastern District of Venn. No. 43. The undersigned havingeen indiviJually served by B. S. Bonsall, Marshal, Esq. of the;Eastern)District of Pennsylvania, with a copy of a process dated tha 9th inst. by which he waj commanded to summon them, by the following naraei and descriptions, to-wit: Nicholas Biddle, President, Emanuel Evre, Matthew Nel kirk, John Sergeant, Charl-s Chauncey, JohnS Henry, John R. NefT, Ambroro uiiii?, uamei v. Cove, John Goddard, James C.Fisher, Lawrence Lewis, John Holmes, and William Piatt, Directors of the Bank of the U. States, to bo and appear before the Committeo of tho House of Representatives of the U. States, ap. pointed on the 4th day of April, 1S31, in their chamber, in the North American Hotel, in the city of Philadelphia, and to bring with them tho credit books of said Bank, on the 10th day of May instant, at the hour of li! olock, M. then and ther to testify touching the matters of said inquiry, and to submit said books to said committee tor iuspection,have consulted to. gether, that they might be assisted by lh judgment of cachjother, as to tho coursa they were individually to pursue; and have concurred, each for himself, in th conclusion, for the Government of his in. dividual conduct, which will now bo stft. ted; ana, to avoid misapprehension or controversy, have reduced their answer to writing, signed with their names and herewith respectfully presented, each for nimscll, as follows; 1. Without waiving any objection them may be to the legality of tho said process, or the service, (which is expressly reserred) we deem it mosfcon si stent with th respect we wish upon all occasions to acknowledge to be due to the Committee of the House of Representatives of tho United States, to attend upon them in person, and accordingly do so attend, to manifest our respect, but not admit of any obligation. 2. We do not produce the books specified in the paper bcforeVnentioned, that is to say, "the credit booU of said bank, showing the indebtedness of individual! to said bank," because they are not in th custody of either of us, but. as has hereto. fore been stated, of tho Board, whoso views upon this subject, we would tako occasion to say, have already been respectfully communicated to the Committee of Investigation. 3. We do not know whether it was tha intention of the Committe of Investigation to call upon either of us to testifyor whether the object of the paper was not simply to require us to produce "the crcd-

fss it books of said Bank, showing the indebtsf cdness of individuals to said Bank." But

to avoid unnecessary trouble to the Com alternative first mentioned, and each ofu now says, for himself, that, considcrin-r the nature cf the proceeding, and the char acter of the inquiry, even as explained in the resolution of the Committee of Inveitigation of the 7th inst. and considering that, as corporators and directors, we are parties to the proceeding we do not consider ourselves bound to testify, and therefore respectfully decline to do so. Wa are sure that the committee will duly estimate the sacrifice we make of personal feeling in thus deciding, conscious ei wa are that we have no knowledge, which, it a necessary regard to our duties and tha rights ol others permitted, wo would not willingly expose without reserve. y. Biddic, A. White, 1). W. Coxft John Goddard, James C. Fisher, Lawrence Lctrij, John Holmes, illiam Plait. M lyrc, 31. yevkirk, John Sergeant, Chas. Chauncey, John S. Henry, John R. yeff, Philadelphia. No. 19. .vrlh American Hotel, May 10, 163i. Sir: I have the honor to transmit t you, by direction of the committeo of Investigation, two resolutions, which yoa will find enclosed I am, very rcspoctfulFRANCIS THOMAS, John Sergeant. Esn Ch'xn. CVm. Com. of Directors, Bank U. 3. W hcreas, resolutions have been adom j by this Committee into which tho namei f of private individuals were necessarily luuouuceu, inai me tommmcj 01 iiirectors might more readily know where the accountt or papers, which were called for to be examined confidentially, nere to b ' intention cf thu Committee to publish ' sah resolution, unlc', M"Wr uct cvutjuu nuiiiua k um uoiri ueen ins

c