Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1839-03-14


haze been made by the present Collector and
.NarF 0Hoer Of The port ef Itsw YORK. re-
spectirsly. y, ~ y i
Conclusion Of the Commiiiee. i
lst. That the returns of the collector OF
customs at the port Of New York have not
been correct, as they have not at all times
embrsced, as paid into tbs public Treasury,
the monies received by him Tor unascenaineo
duties, and at no time for duties PAID unoer
protest.
Cd. That said collector, in his returns, has
violated the instructions ofthe Treasury De-
H partment: has put at defiance the duties as
II signed him by the Secretary of the Treasury;
H has repudiated the official decision OF the
| responsible law-officer of the Executive de-
| par,ment and is guilty Of an illegal reten-
| iion and use of the public money, the amount
| then held by him for protest and unascer-
| tanned duties.
H Sd. That the committee has been prevent
ed from ascertaining what is the extent Of
the illegal retention and use Of the public
money by the present collector Of the port OF
II New York, either in funds collected under
protest, or for uuascertaned duties, or IN
other funds collected by him, because of his
refusal to exhibit his own book Of cash de.
i posites in bank, or 10 permit the banks used
by him as repositories to exhibit their nc
counts of his depostes.
Il 4lh. That the public monies received by
said collector are mingled with his own
| monies on deposite, and are not kept by him,
nor by his banks Of deposite, distinct and
separnte from the individual monies OF the
| collector and of his professional clicnts;"
and his returns cannot, therefore, be founded
upon them as a separate and independent
fund.- belonging to Government, though IN
bis keeping.
5th. That, as appears by the letter Of
| Gorham A. Worth, the Cashier Of the City
\ Bank, the present collector has deposited
public monies in his hands with bank which
could not, under the law prohibiting the elcc-
tion of any bank as depository which has
issued notes under the denomination Of five
dollars, be selected by the Secretary Of the
Treasury himself as a depository Of monies
carried to tho credit Of the Treasurer Of the
United States.
II 9th. That the mode adopted and pructised
| by the said collector, of keeping and making
returns Of the public money collected by him
II for unascertaned duties and under protest.
in the language of the present Attorney
Il General Of the United States, "could never
have been the intention Of Congress-" and
being Z" tolerated" it has made it, in the Ian
guage Of the same high officer, the interest
ofthe collector to postpone the ascertainment
Of duties, as in the mean time lie would have
the uncontrolled use Of the money" 1t has,
also, in fnlflment Of the reasoning Of the
Attorney General, increased "the danger OF
faithlessness in the collector, by permitting
large amounts Of money to remain with him,
and under his individual control, instead Of
sL1 - sl, Tn.sa saI tosA ~
9TH. That, in the language Of the Attorney
General, "the tenor and spirit Of all our re-
venue laws seem TO iDculcote the idea that
the intention of Congress has, at all times
been, that money collected for revenue should
be promptly placed in the Treasury, and not
be permitted TO remain in the hands Of the
collector"
9Th. That the returns Of the naval officer
in New York have not been correct, as it is
found in the testimony Of the present deputy
naval officer, "that the naval officer, under
its existing system, is not enabled, either to
determine what amount of bonds has been
taken by the collector for duties in any quar-
ter, or who are the parties to said bonds, or
the dates OF said bonds, or when they are
payable, or when such bonds are paid, or
whether the collector does or does not ac-
count truly for such bonds"
PART Nv. Defalcations among Receivers of
II Public Monies.
II The committee, in fulflment of that portion
Of the duty assigned them, by which they
we're directed TO inquire into "any defalca-
tions among receivers &c. which may now
exist" report to The House, that the limited
period which they had for thorough invcs.
tigation Of The subjects with which they were
charged, and the time necessarily consumed
in the examination of the cases OF the late
collector and district attorney Of New York,
have prevented a minute investigation OF tho
extent, nature and causes Of the defacations
Of receivers of public moneys, arising from
sales Of public lands.
| The committee have, however, prepared,
from reports made by the Secretary of the
Treasury at the last and present session of
Congress-, a tabular statement, exhibiting the
names Of such defau,ters, the amount due
from each, when due, and the penalties Of
their official bonds, respectively also, the
correspondence had between the Treasury
/ Department and fifteen Of the individuals
whose names appear on said statement-the
committee having called for, and been fur
nished by the Department, with the answers
Of the receivers to the letters of the Secretary
of the Treasury. as contained in the House
documents No 297. These fifteen cases are
reported specially, as examples merely ofthe
manner in which the President of the United
States and the Secretary of the Treasury
have executed the laws in respect TO the
public money and other property Of the
United States in the hands Of this class Of
public officers, and in respect to their Of
fetal duty.
The law provides for the appointment by
the Executive, with the concurrence Of the
Senate, Of u receiver Of public moneys ot
each of the places respectively where the
public and private sales Of the lands are to
be made, who shall give bond, with approved
security for the faithful discharge Of his trust;
who shall transmit, within thirty days, in case
Of public sale, and quarterly in case Of private
sale, an account Of all the public moneys by
him received, to the Secretary Of the Treasury
and to the registers of the land Offices, as the
case may be. lie is allowed a salary Of five
hundred dollars per annum, and commission
OF one per centum on the moneys received !;
but his salary for any one year shall not ex-
ceed $4,000.
II The Secretary Of the Treasury may allow
TO the several receivers Of the public money
at the several land Offices, a reasonable COM
pensation for transporting to and depositing
such moneys in any bank or any other place
Of dcposite that may from time to time be