The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-01-20
BY THE SOUTHERN MAIL.
Washington.
Correspondence of the Herald

Correspondence of the Herald
The CAPITOL,
WASHINGTON, Saturday, 8 P. M {
Final Dispositior Of the Clerk ofthe Hopse-H1s
Removal and AppUntmeu of Successor-1hs De-
faLcati0w more Cerfa in Commencement of Cri-
mtwal Prosecutions against the Parties UswT the
Momey-Ihs Lav-7hs Chinese Treaty.
JAMES GORDON BENNKTT:-
The investigation into the accounts OF Col. c. J.
McNuly, the Clerk Of the House of Representa-
ves, terminated few moments since, by his final
dismissal from his position in the House, and the
commencement of legal proceedings and criminal
prosecutions against him, TO secure the balance of
the public money due from him, and for an embez-
element Of the sum Of $44 500, alleged to be unac-
counted for. The committee of accounts reported
that Mr. Kershaw, the accounting clerk, had ap-
peared before them this morning, and presented
some accounts and vouchers, which they had ex-
amined SO far as time would permit That Mr..
Kershaw, when asked relative to the place Of de-
post OF The money alleged to be due, referred the
committee to Mr. McNulty himself, who was not
present before them: Between that period and
committee of accounts, stated that he had
received note from Mr.. McNulty, IN which
he stated that in reply to the question put to
sum of ~ 900 placed to his credit in the Bank Of
America, in New York city. This communication,
not including the evidence of the c. rfcate of de-
post, Or letter Of NOTICE from the bank, was
therefore concluded that The complexion of the
case had not been changed since yesterday. The
resolutions offered bv them yesterday, for his dis
mlssa from his Office. and prosecution, published
IN the Herald, were then taken up for adoption
Mr. Weller, of Ohio, one OF the securities of Mr..
McNully, rose and stated that he compelled to
been deceived by the representations OF the Clerk
although he still believed that the Government
would not loose dollar by his acts. The resou-
ton for the dismissal of the Clerk, and to
the balance of the money due, by legal proceedings
passed unanimously, and the following with but
five nays:-
Resolved That the President of the United States be
directed to cause criminal prosecutions to be
against Caleb McNulty late Clerk Of this House. for
embezzlement OF the public money and all persons
such according the provisions OF the
act of Congress, approved August IS, ls4l.
The section Of the law governing the criminal
prosecution 40 referred to, is as iollows:-
"sEc And be it fur Their enacted That if any officer
charged with the safe keeping, transfer, burs+nsnt
Department shall convert to his use. any way
Whatever or shall use by Of investment in any kind
out interest portion the public money entrusted
to him for safe keeping transfer for any
other purpose such aSt shall be deemed and adj
Judged to be On embezzcment of much Of the said
moneys shall be thus taken converted invested used
loaned, which is hereby declared be felony and
tie neglect refusal to pay demand any public
moneys in his hands upon the presentation of draft
ORDER or warrant drawn by him. and signed by the Sec
rotary of the Treasury transfer dburse such
moneys promptly, according to law tie legal require
Of superior officer shall be pna faeie evidence
of such to his own use OF much Of the pub
lie moneys as may be in his hands Any officer agent
of the United States, and all persons advising know
United Of competent urdiction, shall for every
equal to the amour Of tho money embe.zed and shall
suffer imprisonment for term not less than six months
/ nor more than five years"
/ n,,v,u
Esq one OF the committee OF accounts, presented
l letter he had received from Suydam, Sage &
| Co., of New York, in which they state, that Col.
hands. while on his way to Washington this TALL.
10 the credit oil DR.. b. j. Woodward, of Ohio.
which money had been drawn out sight drafts
| They avouch for the stability of DR.. Woodward as
business man, but avow no further knowledge
Of any transaction with Mr. McNulty, whom they
| alege they never saw but once
The contradictory statements of the deposit in
| the hands OF D,bblee E Co. and Secor d Co and
| the Bank OF America, present strange face upon
this I'M, affair, although portion of the money may
Neither Mr.. McNulty nor Mr.. Kershaw have
been at their poss to. day The latter left the ca
pitol soon after appearing before the committee
| Ii is presumed that they have not left the city,
The legal point in the present case that may
prevent conviction, IS centered in the law that
compels the officers OF the government in this dis
trlct, to deposit the public moneys in the banks of
the district. The clerk contends that as there are
no banks in legal existence in this district he had
legal right to deposit the money in other hands
| for safe keeping, by obtaining bona fde security
The place OF deposit and the security, is yet to be
made manifest.
Col. McNulty still insists that his accounts will
be balanced and that the government will not lose
| a dollar. My impression is, that the money has
been placed In hands not quite prepared to return
It, but there is still hope that it will be forthcom-
ing.
Immediately after the adoption of the before
named resolutions, the House proceeded to the
| election OF Clerk, when B. B. French, democrat,
of New Hampshire, the late chief clerk, was cleo
ted Clerk of the House by unanimous vote. The
House then adjourned He imme dately appointed
Daniel Gold, Of Delaware county, New York, his
chief clerk, and Charles A. Bradford, of Missis-
from the office Of deputy clerk during the recess by
Col McNulty, and IT is rumored that Mr.. French
will remove John Kershaw, of the deputy
clerks who has been employed by Mr.. McNuty
as his accounting clerk. The Clerk has the APP
pointment of twelve deputies at the rate Of $500
Ger annum, for the balance of this session, the
Librarian OF the house at SIS 50 per day, five mes
sengers at So so, and aborer at 81 SO but it is
not supposed that there will be any other important
changes, although half the members of the House
have candidates for cerkshps
The Chinese Treaty cannot be obtained at the
present date, although it is not be presumed that
1t will be retained in the hands of the President
until ratified by both parties, as has heretofore been
customary. You shall be early supplied with a
copy, ss also the superative, exalted, and extra
ordinary correspondence that has passed between
the Chinese Commissioner and Mr. Cushing.
Much anxiety Is felt here tor the result Of the
election Of Senators from your State, by the Le-
gslature. 1t is state that Governor Porter will be
chosen from the State of Pennsylvania through
wing votes.
TWENTY-EIGHTH CONGRESss