Will it be said that the power is given to the Secretary of the
Treasury to examine himself, or by his authorized agent, into the
conduct and condition of the bank? The answer is obvious. It could not
have been expected or intended that he would make an examination unless
information was first given to him which excited his suspicions; and
if he did make such a general examination without previous information
of misconduct, it is most probable that in the complex concerns and
accounts of a bank it would result in nothing, whatever abuses might
have been practiced.
It is, indeed, the duty of every director to give information of such
misconduct on the part of the board. But the power to issue a _scire
facias_ and to remove the deposits presupposes that the directors
elected by the stockholders might abuse their power, and it can not be
presumed that Congress intended to rely on these same directors to give
information of their own misconduct. The Government is not accustomed
to rely on the offending party to disclose his offense. It was intended
that the power to issue a _scire facias_ and remove the deposits be
real and effective.
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