The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-03-02


-PARr III. THE CORRECTNESS OF THE RE-
TURNS WHICH HAVE BEEN MADE BY
THE PRESENT COLLECTOR AND NAVAL
OFFICER OF THE PORT OF NEW YORK,
RESPECTIVELY.
Coneiu'ioas Of the Commiiiee
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 embraced, paid into the public
Treasury the moneys received by HIM for
duties and at time for duties paid under protest
I'd. That said collector, in his returns has violated
the instructions Of the Treasury Department has put
a, defiance the duties assigned him by the Secretary Of
the Treasury has rcpudated the official decision OF the
responsible law.oficer Of the Executive Department;
and guilty Of an illegal retention and Of the pub
lie money, in the amount then held by him for protest
and unascertained duties.
s. That the Committee has been prevented from as
cerainng what is the Of the illegal retention
and Of the public money by the present collector of
the port OF New York. either in funds collected under
protest, or for unascerained duties or in other funds
collected by him, becaure Of his refusal to exhibit his
own book Of cash deposites in bank, to permit the
banks used BY him as repositories to exhibit their
counts Of his depostes
4,h That the public moneys received by said coec-
tor are mingled with his own moneys on deposite and
are not kept by him. by his banks Of deposte dis
tinct and separate from the individual moneys Of the
collector and of his professional clients - and his re-
parate and independent fund, belonging to Govern
ment, though in his keeping.
9th. That, as appears by the letter Of Gorham A.
Worth, the cashier Of the City Bank the present col
ector has deposited public moneys in his hands with
bank which could not under the law prohibiting the
lection OF any bank depository which has issued
notes under the denomination Of five dollars be select
ed by the Secretary Of the Treasury himself as depo-
STORY Of moneys carried to the credit Of the Treasurer
Of the United States.
9th That the mode adopted and prac,ised by the said
collector Of keeping and making returns Of the public
money collected by him for unascerained 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 tolerated" il
has made it, in the language Of the high officer,
the interest Of the collector to postpone the ascer-
tanment OF duties, as in the mean time he would have
the uncontrolled Of the money" has also in fulfil
ment oil the reasoning Of the Attorney General
cd the danger of falessness the collector BY
hitting large amounts Of money to remain with him,
and under his individual CONTROL instead of being in the
Treasury Of the United States
7th That, in the language of the Attorney General
the tenor and spirit Of Of all laws seem to
ncucate the idea that the intention Of Congress has,
all times been, that money collected for revenue should
be promptly placed in the Treasury and not be permit
ted to remain in the hands Of the collector"
9Th. That the returns Of the naval officer in New
ork have not been correct il is found in the testi
mony Of the present deputy naval officer, that the
naval officer under IT'S eristing system is not enabled
either to determine what Of bonds has been ia
ken by the collector for duties in any quarter or who
are the parties TO said bonds the date Of said bonds
or when they payable, when such bonds are paid
whether the collector does or does not account truly
for such bonds"