Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1839-03-13
FART IIT.-THE CORRECTNESS OF THE
RETURNS WHICH HAVE BEEN MADE
by THE PRESENT COLLECTOR g.
NAVAL OFFICER OF THE PORT
Il WORK RESPECTIXELY.
Conclusions of The Committee.

| Conclusions OF me C0WHaHee.
| LIST. 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 embraced, paid into
the public Treasury the moneys received by him
for unasocrtaned duties and at no time paid under
protest.
3D. That said collector, in his returns has viola
| ted the instructions Of the Treasury Department
has put at defiance the duties assigned him by the
Secretary Of the Treasury; has repudnted the 9TH
eial decision Of The responsible Iaw-cfiicer Of the
Executive department. and guilty Of an Illegal re-
lenlion and OF the public money, in the amount
then held by him for protest and unascertained du-
ties
Sd. That the Committee has been prevented from
aseertaining what lie the extent Of illegal retention
aud use of the public money by the present coec-
TOT Of the port of New York, either in funds col
lected under protest, or for unasceraned duties,
or in other funds collected by him, because Of his
refusal to exhibit hrs book of cash depositcs
IL bank, or to permit the banks used by him az do
positories 10 exhibit their accounts Of his dcpos!
ites.
4th That the public moneys received by said col
leclor are mingled with his moseys on depos-
ile and are not kept by him, nor by his banks OF
deposite distinct and separate from the individual
moneys of the collector and OF his professional
clients and his returns cannot, therefore, be ioun-
ded upon thetn a separate and independent fund,
belonging 10 Government, though in his keeping.
5,h That as appears by the letter Of Gorham
A. Worth, the Cashier Of the City Bank, the pres
ent Collector has deposited public moneys In his
hands with bank which could not, under the law
prohibiting the selection Of any bank deposito-
~ which has issued notes under the denomination
of five dollars be selected by the Secretary OF tic
Treasury himself as depository of moneys car
| ried TO the credit Of the Treasurer ofthe United
States,
9th. That the mode adopted and practised BY
the said collector, OF keeping and making returns
OF the public money collected by him for unascer-
tanned duties and under protest, in the language OF
the present Attorney General Of the United States
could never have been the intention OF Congress-;
and being "toierated" has made il, in the Ian
guaee ofthe same high officer, {" the interest OF the
collector 10 postpone the ascertanment OF duties,
as in the mean time he would have the uncontrolled
use OF the money" 1t has, also, in fulfment OF
/ the reasoning Of the Attorney General, increased
the danger Of fathlessness IN the collector, oy
nermittiag large amounts Of money TO remain with
him, and under his individual control, instead Of
| being in tho Treasury of,he United States"
/ 7th. That, in the language OF the Attorney uene-
rail- "the tenor and spirit of all our revenue laws
seem to incucate the idea that the intention of Con-
gress has at oil times, been, that money collected
for revenue should be promptly placed in the lree-
sury 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 il is found in the
testimony of the present deputy naval officer fha.
the naval officer, under ITS existing system. Is not
enabled either to determine what amount o. bonds
| has been taken by the collector for duties IN any
quarter, or who are the parties to said oonas, q
when they are payable, when such Oonas ale
paid or whether the collector does OF does MOI ao-
count truly for such bonds"
| pART ~ DFFAICATIONS AMONG RE-
cEIvERs OF PUBLIC MONEYS.
Tho Canm;ttee. in fulflment Of that portion OF
The dutv assigned them, by which they we're direc-
ted % inquire into any defalcatons among ree.l-