Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1849-08-11

"any receiving or disbursing officer agent who
shall neglect evade, or violate the provisions OF tins
and the last preceding section of this act (requr-
ing receipts and disbursements to be made in specie,
&C. SHALL by the Secretary of the Treasury be
States with the facts of such neglect evasion, or
and also to Congress, if in session. and if
NOT in session, at the commencement of its session
after the violation takes place. In view of this
specific injunction, the Washington Republic very
pertinently asks the questions, "Was any report of
Mr.. Denbv's case made to the President of the U.
States If so, was any report of it ever made to
Congress ?"
But the Sub-Treasury Act contains other provi-
sons which have special application to this particu-
lar defalcauon, and which strongly confirm the re-
marks we have made on the total departure of Mr..
Folks administration from the spirit and terms of
the law. We adopt the following citation from the
Whig of Wednesday; the reader will need no COM
ment from US to perceive its pertinence:
By the 18th section Of the of August 9Th 1876 for
the better regulation Of the Treasury is declared that
any oiflcer shall convert to his USE in any way
whatever, or shall use by way OF investment in any kind
OF property merchandise shall loan, with without
interest &C. &C. any portion OF the public moneys
trusted to him tor safe keeping, disbursement transfer or
tor any other purpose such shall be deemed and
adudged to be ENLIGHTENMENT OF much OF the said
moneys shall be thus taken, converted invested used
loaned deposited or exchanged, whchis hereby declared
to be felony; and any officer
agent of the United States and all persons advising
participating in such act, being convicted thereof before
any court othe United States OF competent jurisdiction,
shall be sentenced to imprisonment for term not less
than SIX months nor more than ten years. and to line
equal the amount embezzed" is farther declared
And the provisions OF this act shall be construed
to apply to all persons charged with the safekeeping,
transfer disbursement ofthe public money whether such
persons be indicted as receivers or deposares of the
same and the refusal OF such person. whether in
office pay any draft, order, warrant which may be
drawn upon him by the proper officer OF the Treasury De
parentfo any public money in his hands belonging the
U States matter IN lohat capacity tbs mag haze
been receiDed ady be held transfer disburse
any such money promptly upon the legal requirement OF
any authorized officer of the United States shall be deem
ed and taken upon the trial OF any Indictment against
such person for embezzement ina acie evidence OF
such embeZZement"
Since the foregoing article was prepared, we have
suboin its 9th section by which the policy of pre-
serving intact all funds of the government in any
manner committed to their keeping, is strictly en-
joined upon sail public officers of whatsoever cha
racter -
'Sec. 6. And be 1T further enacted That the Trea-
the United States the Treasurer OF the mint OF the
the various Branch Mins all Collectors of the Customs,
all Assistant Treasurers all Receivers OF Public Moneys
the several Land Offices. all Postasters, and all public
officers of aohGtsoever character be- and they hereby
required to keep safely, aoathout loang gsNG, deposi
ting a banks or exchanging tor other funds than as al
l0aoed By this act all the public money coectedby them
ofer0ase any tane placed their possession and
cuSody, till the ordered by the proper department
officer to be transferred or paid out"
The 18th section cited above. declares that the
violation of any of the requirements here specified
shall be judged eloneous e6ezzemen, and shall be
punished as such by Imprisonment Yet it is de-
moastrated by the Unions language about drafts"
and by the facts of the case that the funds designed
to be disbursed by Mr. DENLY at Marseilles were
never expected to be either physically transferred to
him to reach him in the shape of Treasury draft
on public depository, which draft he should either
get cashed at the place of payment or exchange for
specie al par in Marssilles. The whole plan of de-
posting the funds with commercial house here to
be transferred by ITS drafts upon another house in
Europe, is directly contrary to the plain language Of
the law, which authorze5 the agents tic s,o,ess.
ment 10 handle nothing but hard money, or Treasu-
ny drafts upon the depositares where hard money
has been placed At least this disregard of the law,
in exchanging the public moneys for other funds, that
10, lDT COlAAlcICldl uIdlLS upOu AxuIop6,
must have been within the congnsance and under
the countenance OF the late administration, and
should convince the people that the pretended tr-
umph of the Sub-Treasury as hard money system
is all an illusion The government, indeed, got
along with the law, but only by deliberately disobey
ing it.
All this say aside from the facts, that in this
case, the money WAS "used By aoay Of Investment
in merchandise" and was loaned ,0ith INTEREST,"
which is distinctly admitted in Mr.. Osborne's pub
lished card. We presume the legal maxim qui tacit
per alum faca per Sc, applies to Navy Agents as
well as to other men, and therefore, Mr. DENLY is
just as responsible for Mr. Osborne's "investments"
as if he had made them himself as for loa7ang the
money, he did that directly, at six per cent interest
The l7th section informs us in what category of
''improprety" the projectors of the sub-Treasury
placed such investing and loaning We refer our
readers again to its phraseology"
NORTH CAROLINA
The election Of five Wings and three Democrats hav-
ing been ascerained the only point of special interest
the late Congressional election in North Carolina is the
result in the 9Th Tor Newberne district where the cand
dates were the Hon. Edward Stany, Wing, and w X
Lane Democ appears that the most INSCRIPTIONS