The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-11
THE REPUB LIC.


more pointed in its application, and more
stringent in its provisions, than we had
supposed. We find high functionaries Of
State implicated in transaction which,
we had imagined, involved only disburs-
ing agent in dereliction Of duty.
There is still another section of the Sub
treasury act to which we would ask atten-
ton in this connexion:
"SEc. l6. find be il further enacted, That all off,
GERS and other persons, charged by this act any
other act, with the safekeepng, transfer, and dis
bursement of the public moneys, other than those
connected with the Post Office Department are
hereby required to keep an accurate entry Of each
sum received, and of each payment or transfer;
and that If any one of the said officers of those
connected with the Post Office Department, shall
concert TO his o,on USE in any ioay ,ohaeuer on shall
use, by toay Of Investment in amy kind property or
merchandise shall ioan, Nth Without interest or
shall deposite in any bank shall eIchange for other
funds, except ailoiced by this act, amy portion of the
public moneys ntlsted TO him for safskeeping, dis
oursemen transfer, or for any other purpose, euery
such act shall be deemed and adudged to be an enbez-
slement Of so much of The said moneys as shall be thus
taken, concerted npesiei used, loaned deposited or
exchanged ,chich is hereby declared be lony and
any failure to pay over or to produce the public
moneys intrusted to such person shall be held and
taken to be p,ima Jacie evidence of such embezzle-
ment; and ifany officer charged with the disburse-
menls OF public moneys, shall accept or receive,
transmit to the Treasury Department to be allowed
in his favor, any receipt voucher from a creditor
of the United States, without having paid to such
creditor, in such funds the said officer may have
received for disbursement, or such other funds as
he may be authorized by this act to take in ex-
change, the full amount specified in such receipt or
voucher, every such act shall be deemed to be a
| conversion by such officer to his own use of the
amount specified in such receipt or voucher; and
amy officer agent Of the United States aud all per-
sons advising participating in such act, being
rieted Thereof before any court Of the United STATES of
competent jurisdiction shall be sentenced TO iprison
ment for term of not less than sr months nor more
than ten years, and to fine equal TO the amount Of the
money embesSied And, upon the trial Of any in
dictment against any person for embezzlng public
money under the provisions of this act it shall be
sufficient evidence, for the purpose of showing
balance against such person, to produce transcript
from the books and proceedings of the treasury,
required IN civil cases. under the provisions of the
act entitled AN act to provide efectually for
the settlement of accounts between the United
States and receivers of public money, approved
March third, one thousand seven hundred and
ninetyseven; and the provisions of this act shall be
construed as to apply to all persons charged with the
sasksepng, transfer disbursement Of the public mo-
men, ceher ch persons be indicted a, receipers or de-
posaries of tie same and the refusal of such perso
whether in or out of Office, to pay any draft order,
or warrant which may be drawn upon him by the
proper officer of the Treasury Department for any
public money in his hands belonging to the United
States matter in iuhat capacity the same may hare
been received may be held to transfer disbu,se
amy such money promptly upon the legal requirement
Of any authorized officer Of the United States, shall be
deemed and taken, upon the trial of any indictment
against such person for embezzlement, as prima
taeie evidence of such embezzlement."
The object of these provisions is obvious.
They intend that no private use shall be
made of the public funds. The great evil
that the Sub-treasury act was designed to
correct was the alleged conversion of pub
lie money to purposes of private specula-
ton. II therefore declares that any in
vestment OF public money in any kind of
property or merchandise, or any conversion
to pirate use in any Day whateuer of the
public money, is a felony. 1t then de-
clares, in language as explicit and positive
as language can well be, that all officers
or agents of the United States, and all per-
sons adrising or participating in such con-
version, or loan, or investment in any kind
of property or merchandise, of the public
money, shall be sentenced, on conviction,
to fine and Imprisonment for the embezzle-
ment. The provisions with regard to fell
ony and embezzlement are then declared
to extend to all persons charged with the
transfer and disbursement of the public
money, no matter IN what capacity the same
nay hare been receiUed or held
1t will be seen that this law covers pretty
broad ground The money in the present
case, we are told, was lost in commercial
speculations. The money was invested in
"consignments to various American and
European houses" which failed, and their
failure caused the failure of the CONNER
cial house in Richmond. But, that we
may not be accused of disappearing the
transaction, we give the account of it in
the very words of the late official organ:
not occasioned by robbery, but by the commercial
embarrassment Of house IN Richmond, which was
tn transmit the Government funds to Mr.. DENLY in
France; and that house ruined because Of the
ruin which the revolution in France had brought
down upon the house there, to which the Richmond
house had made It's consignments. The drafts were
returned protested from France, and MIR. Denby's
drafts shared a similar fate"
How, then, came this money to be in
vested in merchandise How came it to
be converted to private use in any manner
whatever' The law forbids any such con-
version or investment, and pronounces it
per Sc embezzlement and felony. Who
advised or participated in such conversion
or investment Did Mr.. DENBYl Did Mr..
OsBoRNE' Did Mr.. ex-Secretary MAsoN'
We look with great interest for the further
developments on this subject promised by
the official organ of the late administration,
and the legatee Of all its derelictions.