MARCH 12, 1832.]

Bank of the United States.

[H. of R.

outset at least, done much good for the country. But it Mr. B. then assured the Speaker that such was not his was alleged that it has the power of doing much harm, intention; that nothing could be further from him than a and that it is a highly dangerous institution; that it is an wish to reflect discredit on any gentleman, or on any comestablishment fraught with great danger, not only to the mittee in the House. And, certainly, nothing could be personal interests of the great body of the American peo- more repugnant to his inclination than to wound the feelple, but hazardous to the independence of the Govern- ings of his distinguished colleague at the head of the Comment itself. It is also alleged that the officers of this mittee of Ways and Means. His real object, Mr. B. said, bank have violated some of the provisions of its charter, was to point out the impropriety and illegality of referring and have abused the trust confided to them. An investi- this inquiry to a standing committee of the House, while gation by a select committee, "with power to send for the law itself recognised none other than a select commitpersons and papers," and to make a thorough examination tee, a committee chosen for that express purpose. And and report of the condition and administration of this bank, further, he wished to demonstrate, if he could, the futilihas therefore been proposed by a gentleman from Geor-ty and mockery of confiding this investigation to the gia. Such examinations, he said, into the affairs of the friends of the bank, who might be liable to an influence bank, are provided for by the charter itself, and ought to and a bias in favor of the institution, of which they thembe regarded as matters of course, whenever charges were selves were unconscious-to a committee that certainly preferred against that corporation from a respectable had no incentive to that sort of industry necessary to desource. The charges, in the present instance, did ema-velop the hidden abuses of the bank, but, on the contranate from a respectable source, and some of them, he be- ry, having the strongest motives to slur over and to pallieved, could not be gainsayed. liate all such acts of malfeasance as may be obtruded upon their notice.

An honorable and highly respectable member from Georgia had brought forward against the bank what he But, with permission of the House, he would read, he called “a bill of indictment,” containing some fifteen or said, that section of the law establishing the bank, which twenty counts or specifications; and how, Mr. B. asked, relates to the appointment of the committee to which he was it proposed, by the friends of the bank, to dispose of had just alluded. It was the twenty-third section of the that bill of indictment? Were they willing to let it go charter, and might be found in the sixth volume of the before an impartial inquest of the people, by which the Laws of the United States, page 49, and reads as follows: guilt of the accused, if ascertained, would be faithfully "And be it further enacted, That it shall, at all times, reported to the House? No, sir, the friends of the bank be lawful for a committee of Congress, appointed for that show a disposition to shield it from a rigid and impartial purpose, to inspect the books, and to examine into the scrutiny. They seem to be unwilling that any one should proceedings of the corporation hereby created, and to rescrutinize the transactions of their favorite, except those port whether the provisions of this charter have been, by who have a strong motive to conceal or palliate its mis- the same, violated or not; and whenever any committee, conduct. They are unwilling that the complaints against as aforesaid, shall find and report, or the President of the the bank should be investigated by a disinterested and United States shall have reason to believe, that the charunprejudiced grand jury indifferently and impartially cho- ter has been violated, it may be lawful for Congress to disen by a responsible officer, [he meant the Speaker,] lest rect, or the President to order, a scire facias to be issued "a true bill" should be returned. Their object was to out of the circuit court of the district of Pennsylvania, in "pack a jury" in the dark, under the veil of impenetra- the name of the United States, (which shall be executed ble secrecy, composed of the friends of the bank, that upon the president of the corporation for the time being, they might have a return of "no bill." And Mr. B. at least fifteen days before the commencement of the term contended, that without the return of "a true bill" against of said court,) calling on the said corporation to show the bank, and made by a grand jury empannelled for that cause wherefore the charter hereby granted shall not be express purpose, the bank could not be put upon its trial declared forfeited; and it shall be lawful for the said court, before the people. What he meant was, that without a upon the return of the said scire facias, to examine into report, unfavorable to the bank, made by a committee the truth of the alleged violation, and if such violation be appointed for the express purpose of examining the situa- made appear, then to pronounce and adjudge that the tion and arrangement of that institution, no legal proceed- said charter is forfeited and annulled." ing could be instituted against it, by the direction of the Now, sir, said Mr. B., from the terms used in this secHouse, in order to have its charter set aside, and abolish the tion of the charter, nothing can be more plain than that a corporation. Such reports from a select committee must, standing committee of the House would be incompetent for he said, precede the issuance of a scire facias against the the purposes contemplated by the law, because it requires president of the bank, for the purpose of deciding the the examination and report of a committee "appointed question, in the district court of Pennsylvania, whether for that purpose," before a scire facias can issue against the charter shall be declared forfeited. The report of a the president of the bank. Why was it thought necessastanding committee of the House, he said, would not ry to arm the President of the United States with a dis answer the purpose, because it was not such a committee cretionary power, by a provision in this section? Mr. B. as the law establishing the bank contemplated. If, for said he could imagine no other reason than that those who example, the charges now brought forward against the framed the charter conceived it possible, perhaps probabank had been referred to the Committee of Ways and ble, that at some subsequent day there might be such a Means, as was proposed some days ago, and that commit- majority in Congress, friendly to the bank, that, conduct as tee had reported against the bank; suppose they had even it might, that corporation would have nothing to fear declared, after a full and strict examination, that every from Congress, as its friends would screen it from all recharge against the institution was well founded and true, sponsibility, and prevent any process from issuing against and that the conduct of its officers was as reprehensible the president of the institution. In such event, and he as its most inveterate enemies could desire, still the House feared we were about to realize the necessity and utility would not be authorized on such a report, from such a of the provision, it was thought prudent by the framers committee, to direct a scire facias against the president of of the charter to vest in the President of the United the bank, in order to put that institution upon its trial, or States the discretionary power just alluded to. make it a party in the district court of Pennsylvania. [Here the SPEAKER interrupted, by observing that it was not in order to make personal allusions, or to impugn the conduct or motives of any committee of the House.]

If the amendment of the gentleman from New York, said Mr. B., is adopted, it will be carried by the vote of those friendly to the bank. The same members will then [band in their folded tickets, and elect a committee, the

H. OF R.]

Bank of the United States.

[MARCH 12, 1832.

majority of whom, if not the whole, will be in favor of a favorite of his. He could not but look upon it as an renewing the charter, and friendly to the bank; and that institution, whose powers and whose tendencies might institution will have nothing to apprehend from the result well excite the apprehension and jealousy of every repubof their inquiries. We will see exhibited the absurd lican. It was an immense moneyed institution, whose infarce of the accused sitting in judgment upon its own fluence already pervaded every section of the Union; trial, or rather deciding whether it will submit to be tried whose ramifications were every where visible; and which even by its own particular friends. Yes, sir, said Mr. B., now controlled, to no inconsiderable extent, the business all this will be done, and the American people will be left and pecuniary transactions of the country. Sir, said Mr. to guess at the agents by whom it is effected. They will L., it should be remembered, that while this institution be left to guess at the names of those who have constitut-possesses a capability of conferring a large amount of ed the bank the sole judge in its own cause. A commit- public benefit, it possesses in a corresponding or greater tee friendly to the bank, and disposed to screen the mal-degree the power of producing the most serious and versations of its officers, will be selected by an agency alarming evils. And it might perhaps be safely assumed perfectly irresponsible, because unknown to the people. that the natural and almost inevitable tendency of such an Now, sir, said Mr. B., I would ask, is this the course of institution is to an abuse of its powers, and the disregard conscious rectitude and innocence? Is this the course of the legitimate objects of its creation. Mr. L. said he an honorable, high-minded individual would pursue, when had made these remarks as preliminary to the assertion, his official character has been implicated and slandered? namely, that if the Bank of the United States is to be Would he not instantly demand a court of inquiry, and, perpetuated by the legislative sanction of this Governinstead of shunning, would he not court investigation? ment, the public safety requires that its operations should Finally, he would ask the friends of the institution them- be rigidly scrutinized and vigilantly watched. selves, if they could hope to sustain its character and credit with the American people, by shielding it from a full, a free, and rigid examination of its condition, and of all its transactions, by a committee that has no motive to palliate delinquencies, or to cloak misdemeanors.

Mr. L. said he was not prepared to affirm that the Bank of the United States ought not, under any circum. stances, to be rechartered. If the investigation of its management and concerns, as contemplated by the resolution of the gentleman from Georgia, shall be permitted Mr. B. said, that although his present impressions were to proceed; if the result of that investigation shall evince against the bank, and although he thought it probable he that it is innocent of the imputations which have been would vote against a renewal of the charter, he was, ne- thrown upon it; and, lastly, if its chartered powers be vertheless, open to conviction. He had not, absolutely, properly limited and restricted-if it be stripped of some determined to vote against rechartering the bank, right of the odious features which now belong to it, and its or wrong. He was disposed to hear all that could be said dangerous tendencies efficiently guarded against, it was both for and against the bank, and to bestow his vote ac- entirely probable that a bill for its continuance would recording to the dictates of his best judgment, and in accord. ceive his sanction and approbation. But he felt constrainance with what he considered the true and permanent ed to say that, in bestowing his vote in the manner here interests of the country. If the charges against the bank indicated, he should do so with a feeling of apprehension are obviated and removed by the report of a committee that possibly he might be doing wrong. He should only properly chosen, and the outcry against the dangers of be induced to pursue this course, from a strong convicthat institution is shown to be a mere “bugbear," and tion that the bank was now so intimately connected and that the independence of the Government, and the inte- interwoven with the interests and the business of the narests and liberties of the people, have nothing to fear from tion, that its withdrawal might be attended with more the moneyed monopolies of that colossal establishment, he serious evils than its continuance. He should perhaps would then vote for a renewal of the charter. But, said consider it in the light of a necessary evil, which though Mr. B., let me tell the friends of the bank, they are pur-not to be desired, was still to be endured. Sir, said Mr. suing a bad way to make proselytes. Their conduct, on L., in relation to physical man, we know that he is subthis occasion, was an impressive comment on their favorite ject to diseases, the remedy for which is worse than the institution, and furnished one of the best reasons imagina- disease itself. And perhaps it would not be unfair or unble why the charter of the bank ought not to be renewed. just to view the Bank of the United States in the light of They have suffered their zeal to outstrip their discretion; an excrescence upon the body politic, so firmly rooted and he did not think that any corporation ever had greater and attached to it that its excision would be even more cause than this mammoth bank to exclaim, “God save dangerous than its continuance. But he felt called upon me from my friends!"

Mr. LEAVITT, of Ohio, said he was aware that, in opposing the amendment of the gentleman from New York, it would not be in strict accordance with the rules of the debate to discuss the merits of the resolution submitted by the gentleman from Georgia. In the remarks which he proposed to offer, he would endeavor to confine himself to the circumscribed limits allowed for the discussion of the pending amendment, and trusted that he should not indulge in such a latitude of debate as would make him obnoxious to the charge of having violated the rules to which he adverted.

to say that if the question was now for the first time presented, whether this or a similar institution should have an existence in the bosom of this republic, he would, without doubt or hesitation, give it a negative response. If that was the subject-matter upon which he was now to act, so far as his influence or his action could produce such a result, they should be cheerfully exerted to crush, while it was yet in embryo, the project of a Bank of the United States.

Mr. L. said, that entertaining these views concerning this institution, a brief and general outline of which he had attempted to present, it would not be thought strange Mr. L. said it was not necessary, upon the present occa- that he should be the earnest and sincere advocate of the sion, that he should make an avowal of his views and opi- inquiry and investigation contemplated by the resolution nions in relation to the Bank of the United States; nor of the gentleman from Georgia. Not only was he in did he propose to cbtrude any of those views and opinions favor of this measure, but he desired that the examination upon the House at this time, except insofar as they were might be a thorough, impartial, and searching one. He immediately connected with the pending question, and would not prejudge the case, by pronouncing, or even explanatory of the course he was about to pursue, and entertaining the opinion in advance, that the fearful array the vote he intended to give upon it. He would take of charges and allegations exhibited against the bank leave very briefly to say that the Bank of the United could be brought to light and substantiated; but he insistStates never had been, and he presumed never would be, fed that, whether sustained or not, it was alike due to the

MARCH 12, 1832.]

Bank of the United States.

[H. or R.

bank, to this House, and to the American people, that man from Pennsylvania, however laudable and defensible the inquiry should be proceeded in, and should be con- it may have been in his estimation, was effectually deducted by those who will do the subject that justice feated by the frank, prompt, and honorable avowal of which its importance demands. the chairman of the Committee of Ways and Means, [Mr.

Mr. L. proceeded to say that he was utterly opposed McDUFFIE.] That gentleman was constrained to say that to the amendment offered by the gentleman from New he deemed it improper that the proposed investigation York. Whatever may have been the design of that gen- should be committed to that committee, knowing, as he tleman in proposing it, he could not but view the amend- did, that a majority of the gentlemen composing it were ment as having for its object the prevention of that the warm friends of the bank, and were opposed to the thorough and impartial investigation of the concerns of inquiry which was sought. And, upon the suggestion, the bank, which alone would be satisfactory to the nation. and at the request of the honorable chairman of that It is true the proposition to elect the committee by ballot committee, the gentleman from Pennsylvania withdrew was one which, upon its face, might seem fair and plau- his amendment. sible; but, connected with the open and explicit avowal

In this state of things, said Mr. L., it was left for the of the gentleman from New York, that his object in pro- ingenuity and talents of the gentleman from New York posing the amendment was to procure the election of a [Mr. Roor] to devise and propose the pending amendcommittee known to be friendly to the bank, its true ment, as if to prevent the blow which seemed impending character was laid bare, and its lurking dangers exposed. over the bank, and which it was thought desirable to Mr. L. said, that without intending to impute any thing avert. Mr. L. said he viewed the proposition, when first to the gentleman from New York in any degree discre-introduced, as somewhat extraordinary in its character, ditable or dishonorable to him, he must be permitted to and thought the arguments, by which the gentleman say that he could not but look upon the motion of the sought to sustain it, not less extraordinary than the prohonorable gentleman as an exhibition of the science of position itself. Mr. L. understood the standing and almost legislative tactics and diplomacy, of which he is no doubt invariable rule of this House was that the Speaker should a most able professor. Mr. L. said he would ask the appoint its' committees. Yet the gentleman from New indulgence of the House, while he briefly attempted to York asks that this rule shall be departed from in this review the history and progress of the resolution of the instance, but has not given any satisfactory reason for gentleman from Georgia. He thought this was necessary such a departure. Why should the subject now under in order to a correct understanding of the true character consideration form an exception to the general rule? Is and object of the pending amendment. He said the re- it because the Bank of the United States is to be affected solution proposed that, through the agency of a select by the action of the proposed committee? Mr. L. said committee of this House, appointed by the presiding he trusted gentlemen were not yet prepared to claim for officer, according to the usual and established mode of this institution an exemption from the acknowledged and appointing committees, an examination of, and an inquiry long established rules of legislation. Sir, said Mr. L., into, the conduct and concerns of the Bank of the United has the Bank of the United States, during a brief existStates shall be instituted. Contemporaneously with the ence of only sixteen years, attained an eminence so unintroduction of this resolution, the honorable gentleman approachably high, an attitude so commanding, or an from Georgia, as illustrative of the necessities of the influence so omnipotent, that when it is a subject for the proposed inquiry, and upon his responsibility as a mem- legislative action of this House, it is not to be approached ber of this House, exhibits certain charges and allegations or treated according to the ordinary forms of legislation? against the bank, and avows it as the object of his reso- He hoped and trusted that no gentleman would dare to lution to inquire whether those charges can be substan-interpose such a claim in behalf of this gigantic institu tiated. Mr. L. said that, to his utter astonishment, this tion. Mr. L. said he could conceive of no subject which resolution upon its first introduction was vehemently op- could be presented for the action of this House, in regard posed by gentlemen who claim to be the decided and to which, that which is now sought for the Bank of the almost exclusive friends of the bank. It was alleged United States would be asked for. He ventured to that these charges were false and frivolous, that the reso-affirm, that even upon a question confessedly involving lution derived its origin from those who were the known the future destinies, nay, the existence of the countryenemies of the institution, and that its real object was to upon a question even of peace or war, no one would postpone the action of Congress upon the question of re- think of insisting that the duty of selecting a committee chartering the bank until a subsequent session. But gen- should be withdrawn from the responsible presiding offitlemen who assumed and maintained these positions, as cer of this House, and cast upon the members, to be deif suddenly visited with a flood of light, upon the true cided by ballot. character and aspect of their opposition to the resolution, Sir, said Mr. L., what is the known and established apparently withdrew from the field, and seemed to mani-parliamentary rule, recognised by this House, and by fest their consent that the inquiry asked for by the reso- every other deliberative assembly, in relation to the relution should proceed. They said that the inference to ference of subjects to committees? It is, that all propobe deduced from their opposition to the investigation sitions which require a reference shall be committed to would be irresistible that the bank feared and dreaded those who are friendly to the measure or proposition the light. It was in this posture of affairs that the honor which is proposed to be referred. Yet, in direct violation able gentleman from Pennsylvania [Mr. WATMOUGH] in- of this rule, the gentleman from New York asks that the troduced his amendment to the original resolutions, pro- bank inquiry shall be committed to those who are hostile posing that the bank inquiry should be conducted by the to such inquiry, and who openly avow it as their belief Committee of Ways and Means instead of a select com- that the bank is innocent of all the charges alleged against mittee. Mr. L. said he would not affirm that it was the it, and that the proposed inquiry is useless and uncalled object of the gentleman from Pennsylvania, in making for. Mr. L. said he was sure he had not misrepresented this proposition, to evade the proposed inquiry into the the gentleman in saying that this is his object. That affairs of the bank, but he thought he might safely say gentleman has not left thus inference to be made out by that the gentleman's course was susceptible of such a

construction.

[Here Mr. WATMOUGH explained, and disclaimed any wish or intention to evade or embarrass the inquiry.] Mr. L. proceeded to say that the object of the gentleVOL. VIII-132

argument or implication. He has openly avowed that, in proposing to have the committee of inquiry elected by ballot, he has in view the selection of those who are the known friends of the bank, and who, it would seem, think it presumptuous even to entertain a suspicion that it is

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Bank of the United States.

[MARCH 12, 1832.

not as pure and immaculate as they are pleased to consi- and unfounded. Yet the gentleman expressed a willingder it. The gentleman, as if hard pressed for arguments ness that the proposed inquiry should proceed, not beto sustain his novel proposition, has referred us to an cause he believed it necessary, but because it would exaxiom of the common law, which requires that persons clude a conclusion, which would otherwise be drawn, selected as triers of those who are charged with the com-unfavorable to the bank. Mr. L. said it was not merely a mission of crimes shall be taken from the vicinage-shall pro forma inquiry that he sought for: it was not the inbe the friends and neighbors of the culprit. In virtue of quiry conducted in the spirit, and with the feelings, indithis principle, he claims that the Bank of the United cated by the gentleman from Pennsylvania, that would be States be tried by its friends, by men from the vicinage. satisfactory to him. He was anxious that there should be Sir, said Mr. L., those sages and fathers of the common a fair and impartial investigation: he sincerely desired to law, who lived near its fountain head, notwithstanding know whether the bank, to any extent, had been guilty their well known gravity, would have smiled, could they of the abuses and malpractices imputed to it. His final have anticipated that the beneficent principle here ad- vote upon the question of rechartering the institution verted to could ever have been applied to a heartless, might depend upon the result of the examination. If it soulless corporation. But if this was not a sufficient shall appear, after a full and fair inquiry, that the bank is answer to the gentleman on this point, it might be added not justly obnoxious to these charges, and that, in its opethat the principle of the common law, which he had rations, it has neither abused nor transcended its powers, sought to draw to his aid, has, in fact, no practical exist- it would certainly afford to his mind a strong recommenence in the United States. In every State in the Union,dation in favor of its continuance. It would place that ineither by constitutional provision, or legislative enactment, stitution before this House, and before the nation, in an it is required that every criminal shall be tried in the attitude much more favorable than it now maintained. And, county where the offence is committed, without reference in this view of the subject, it had struck him with astoto the place of his residence. nishment, that even a symptom of opposition to the inquiry But, said Mr. L., the honorable gentleman from New had been manifested on the part of the friends of the York has charged those who advocate the reference of bank. He had anticipated a different course: he had supthe bank inquiry to a committee appointed by the Speaker posed that, instead of opposing the inquiry, or endeavorof this House, according to the usual mode of appointing ing to thwart and embarrass its progress, the friends of committees, with a desire to procure a “packed jury" for the institution would have courted the investigation, and the investigation of the charges against the bank. Sir, would have rejoiced at an opportunity to throw open for upon what foundation does the gentleman predicate this inspection their most secret recesses, that the light of the charge? noonday might shine upon, and exhibit their doings to the world.

Although he has disclaimed any intention of implicating the Speaker in moving this amendment, yet, if he had In conclusion, Mr. L. said he hoped the amendment of not thus explicitly disavowed such an intention, the infer- the gentleman from New York would not prevail. He adence would have been irresistible that he did not confide monished gentlemen, that if the bank expected to retain in the integrity and the impartiality of that officer. Mr. L. the confidence of the American people, it should not said he could not look upon the proposition of the gentle-shrink from the proposed investigation: nor should the man in any other light than as implying a distrust of the friends of that institution resort to, or sanction any efforts honorable Speaker. If this be not so, why has the gentle- calculated to thwart or embarrass the inquiry. He regretman proposed this extraordinary mode of obtaining a com- ted to say that manifestations of a disposition to do this mittee, and why has he indulged in his remarks respecting had been already, in the progress of the resolution of the "packed jury?" Mr. L. asked who it was that desired gentleman from Georgia, too palpably and too frequently a "packed jury?" Is not the inference strong that it is evinced. He hoped and trusted that, henceforth, gentlethe gentleman himself? What are the facts? The honor-men would pursue a course in relation to this inquiry, able gentleman submits a proposition that the committee which, instead of depressing, should elevate the standing of inquiry shall be elected by ballot, and he accompanies of the Bank of the United States, and which, instead of the proposition with the declaration that his object is to rendering darker and more lowering the clouds of susobtain a committee friendly to the bank, and opposed to picion now overhanging it, should have the effect to scatthe inquiry. It is, then, the gentleman who secks for after and dispel them.

"packed jury," a jury composed of the warm friends of Mr. DANIEL said he was in favor of the amendment. the bank, and who, before the inquiry commenced, have No gentleman would accuse him of friendship to the adjudged the bank to be innocent of the charges against it.bank. He was opposed to it, not on specific charges, but And suppose, continued Mr. L., that the amendment of on its general character. He was against all investigation, the gentleman from New York should be adopted, and for he was afraid it would result in the vindication of the that a committee shall be elected composed of the most bank from the charges which he now believed to be true. high-toned friends of the Bank of the United States, will tie was in favor of immediate action on the question of rethe inquiry into the charges exhibited against the bank be chartering, in order that the President might veto the bill, satisfactory to this House, or to the nation? Do gentlemen and a new bank of a different character might be esta indulge the belief that those who entertain the most cle-blished. No man could doubt but the President would vated notions of the purity and integrity of that institu- veto the bill, who would read his first message, and undertion, and who say, upon this floor, that the allegations stood the English language. By the twenty-third secagainst it are either false or frivolous, will enter upon this t on of the bank charter, the committee to investigate the investigation with that zeal and ardor, and that fixed de-affairs of the bank were to be appointed. By whom? The termination to ferret out the truth and the whole truth, Speaker of this House? No. By the representatives of which the advocates of this inquiry, and which the people the American people. He was in favor of the amenddesire? Mr. L. said he could not but advert here to the ment, for he wanted a committee who were hostile to the ideas thrown out, and the course pursued, by a gentle-bank. He should vote against the bank, unless he was man from Pennsylvania, [Mr. CRAWFORD,] in the remarks instructed to the contrary by his constituents. The bank which he submitted to this House some days since upon was under the highest obligations to the State of Kentuc the resolution of the gentleman from Georgia. That gen-ky, for it would have failed at an early peried had it not tleman commenced with a high-wrought eulogium upon been for $300,000 sent from that state. The president the Bank of the United States, and an avowal of his belief of the bank stated, if the money had come three days later, that the allegations now made against it were entirely false the bank must have failed. It hd done the State little

MARCH 12, 1832.]

it.

good, and great injury. He strongly expected to oppose of the Whole House, and to recommit the bill, with inHe was in favor of a bank founded on the public re-structions to inquire, to a standing or a select committee. venues. As the bank was now organized, half the mer- This, I take it, is the true interpretation of the parliamentchants in the country were living on its bounty, and the ary rule, of which we have heard so much. At the same people on the credit given them by the merchants. He time, I am free to confess that I do not insist that this rule was opposed to such aristocratic consequences. Mr. D. made some remarks upon the Albany regency, and stated himself to be pleased with the old democrat, [Mr. Roor,] though he did not agree with his views in favor of the

bank.

refers to questions of this nature. I do not claim the be nefit of this interpretation, clear as it is, for the amendment of the gentleman from New York. As a technical parliamentary rule, I believe that usage restricts it to matters of a more private character. The rechartering of the Mr. DRAYTON avowed himself friendly to the bank: bank is a large question, interesting to the whole counhe believed the country had experienced great benefits try, connected with its great interests, wearing, in some from its operation, and knew of no evils it had produced. respects, a political aspect, and standing far above the Yet he was in favor of investigating its affairs by a com- class of mere business matters, to which the rule is genemittee appointed in the ordinary mode, and consequently rally understood to apply. But I proceed on far broader opposed to Mr. Roor's amendment. He concluded by grounds than those of technical rule, in requiring that the calling for the previous question, [the effect of which is to committee should not be hostile to the existence of the insti cut off all amendments,] but the House did not sustain the tution--the grounds of common justice and common sense. call--yeas 71, nays 98. Analogous cases have been urged upon us. It has Mr. EVERETT, of Massachusetts, said: I am in favor been asked what we should think of an officer of this of the amendment moved by the gentleman from New House, or of the Government, who, if grave charges York, [Mr. RooT,] and will briefly state my reasons. It were made against him, should insist that the investigahas been too readily taken for granted, because this in-tion should be made by persons opposed to having the quiry is moved by a gentleman avowedly hostile to the matter inquired into. The case is idly put; for it is not bank, that therefore the parliamentary rule requires that a possible supposition that any innocent man, against the committee should be unfriendly to the institution. I whom grave charges are made, should be unwilling that do not so understand the rule; I admit that the committee they should be investigated; and every man is held inno ought to be friendly to the inquiry; that is to say, willing cent till he is found to be guilty. But this inquiry is to take if up and carry it through, in good faith, not be- moved by persons who think that, whether the bank is cause there is any parliamentary rule to this effect, but innocent or not in the matter inquired into, it ought to because common sense requires it; because it cannot even be broken down. And if gentlemen wish for an analo. be supposed that a committee will not cheerfully and con-gous case, what would they think of committing the inscientiously perform a duty entrusted to them by the vestigation into charges preferred against an officer of House. There is no meaning in the proposition of a com- the House, or of the Government, to persons who had not mittee friendly to the inquiry, but this--a committee friend-only declared their minds made up in regard to all the ly to doing the duty enjoined upon it.

matters to be investigated, but had avowed the opinion that, whether guilty or innocent, he ought to be deprived of office, and even life? Gentlemen tell us the bank is corrupt; that it is broken, and wnable to pay its debts; and that it has been conducted in the most dishonorable and fraudulent manner; that it is a great and oppressive evil, a curse to the country; and, finally, unconstitutional; and then politely ask the majority of this House, who are friendly to it, to give them, its pledged enemies, the control of this committee, avowedly to be used for the purposes of delay, and, if possible, for those of destruction. Would such a proposition between man and man be thought consonant to the rules of equity?

But of those in favor of the inquiry, under the present circumstances, there are two classes: one such as are friendly to the bank, and think the inquiry will result in exonerating the bank from the charges brought against it; and the other, such as are hostile to the bank and in favor of instituting the inquiry, as certain to lead to delay, and likely, in their judgment, to result in the destruction of the institution. Now, I maintain that, as far as the parliamentary rule alluded to refers at all to the case, it de mands that this inquiry should be committed to persons of the former and not of the latter class; to the friends and not the enemies of the institution. That rule refers to the disposition to be made of bills before the House, and This demand for a hostile committee is new; it is not what is it? It is laid down in the Manual as follows: a fortnight old. The memorial of the directors of the "Those who take exceptions to some particulars of the bank, asking for the renewal of their charter, was prebill are to be of the committee: but none who speak di- sented on the 9th of January. A debate arose whether rectly against the body of the bill. For he that would to- it should be referred to the Committee of Ways and tally destroy, will not amend; or, as is said, the child is not Means or a select committee. It was understood and to be put to a nurse that cares not for it. It is therefore a stated that, in either case, the committee was to inquire constant rule that no man is to be employed in any mat-into the manner in which the bank had been conducted, ter who has declared himself against it." The rule even if they deemed inquiry necessary. The gentleman from goes so far as to require that "when any member who New York [Mr. CAMBRELENG] wanted the great question is against the bill hears himself named of its committee, he investigated, whether the bank should be allowed to issue ought to ask to be excused." orders "

Can any thing be clearer than this, as far as the rule goes! Can we stand on any such narrow ground as that inquiry, which is only the acting of the committee in obe. dience to the House--is the thing to which the committee is to be friendly? Certainly not. We must look to the substance. The matter in hand is the bank. The bill is the bill rechartering the bank; the bill now on the table. Every gentleman who has spoken to this resolution of in quiry, has spoken as directly to that bill as if it were nominally before the House. I am even of the opinion that the present motion, for this very reason, is not strictly in order; and that if inquiry be deemed necessary, the proper course would be to move to discharge the Committee

payable nowhere." Another gentleman from New York [Mr. HOFFMAN] wished all the "vices" of the bank to be probed. The enemies of the bank generally (with a few of its friends) voted for the select committee; but it was conceded on all hands, and expressly admitted by the gentleman from New York, [Mr. CAMBRELENG,] that the majority of the committee would of course be friendly to the bank. Nothing has occurred to change the question since, nor to make it any the less proper that this inquiry should be referred to persons who will take it up on the fundamental principle of justice-that every person shall be esteemed innocent till he is proven to be guilty.

The gentleman from New York, [Mr. BEARDSLEY,] who