The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-08-29


eject to abrogaie the contracts that the contract is with
and forbidden by the provisions Of the act OF Congress
Of August o. is4o, commonly called the subeasury act
The subject would require more extended discussion
than we can give ii here. We do not propose to ex-
anime il with any view to the responsibilities OF Messs
DENLY and Osborne Legal proceedings have been inst
tuted against them, and leave the decision to the
courts Of Justice, without desiring 10 excite prejudice
against them or to deprecate such judgment the law
and the facts may warrant The late Secretary OF the
NAVY in his official conduct did not regard the contract
ms forbidden by the provisions OF the sub treasury law,
and our object is to inquire if he construed the act cor
recy The LIST section OF the act fixes with precision
what is the treasury Of the United States The I'd, Sd,
and 4h sections prescribe the places OF deposite OF the
public money These are all places within the United
States The 10th section gives to the Secretary OF the
Treasury the power TO transfer the moneys of the United
States from any depositary thereby constituted to any
other or to the treasury of the United Slates and it is
declared that "for purposes Of payments on the public
account, it shall be lawful for the Treasurer to draw
upon any Of the said depostare he may think most
conducive the public interests TO the convenience
OF the public creditors, both" There is authority
given TO the Secretary of the Treasury to the Treas
urer to transfer money from the treasury from the
depostaries established by that act any person
officer beyond the limits Of the United States We pre-.
sumo such authority will be given When money
paid from the treasury 10 any creditor of the govern
ment it becomes his own. When it is paid out of the
treasury public officer he must keep and dsburse
according to his legal duty When paid out to
tractor before the service is rendered for which it is
given he his part of the contract for which
the payment the consideration according to his under
standing, or be liable for a breach of contract
By the Goth section of the subreasury act, it is de-
clared "No exchange of funds shall be made by any
dsbursng officers agents of the government, of any
grade or denomination whatsoever, or connected with
any branch of the public service other than exchange
for gold and silver and every such disbursng Off
Ger, when the means for his disbursements fur
nished to him in gold and silver, shall make his
payments in The money so furnished" As the money
paid from the treasury to Mr.. DENLY, his attor
ney for him, not the money to be paid to the
pursers for disbursement but according to the purpose
and object of the contract to be exchanged, and
other con where il to be used was to be
substituted it necessarily follows that the contract if
within the provisions Of the law was illegal from and
after the treasury act went into operation, because
the goth section could be executed and the terms OF
the contract carried into effect 4
The government bound pay lis liabilities abroad
currency different from that paid from the treasury.
How this duty to be performed How was the
money in the treasury TO be transmitted TO the foreign
station where it to be paid out' It could not be
done without the Of agencies of sort The act
Of ls46 not construed to repeal that Of ls44 and
give eec, both Of Congress, the agencies were
considered legally in existence and the contrac,
providing the most convenient means of supplying
the squadrons abroad necessary funds Objectionable
il may be, no mode known which can be adopted
with greater safety and more convenience the remedy,
of failure, is the bond and security given by the
agent That may be available in this case unless those
who object to the OF payment pursued shall
tabsh that the contract abogated by the terms OF
the subreasury act If that be 50, the mode Of payment
ceased TO be iai, the securities not bound and the
money must be lost That the present administration do
take this view, proved by the fact that suits have
been instituted against Mr.. DENLY, and on his bond
against his suretes, while the records will show that
all the money not paid by him advanced from
the treasury since the sub-reasury in full force
And there can be no doubt that payments made
by The present administration by Of agencies, as
they before Mr.. Mason Secretary Of the Navy.
and haze been since Our diplomatic agents abroad
and squadons the Mediterranean and other foreign
stations, still paid through the agency Of Messrs
Barring Brothers Co., who have agent resident in
this country. 10 whom payments and advances made
by the government, and who RENTS the his prn
cpas at their risk, and according TO his judgment We
venture to affirm, that head Of department has ever
known or inquired into the terms on which Mr.. Ward
acts their agent, the mode in which he RENTS them
the money paid him here but there cannot be doubt
that he does not rem, to them nor do they pay to the
public creditor, the identical money received from the
treasury Mr.. Osborne was to Mr. DENLY, the agent al
Marselles, what Mr. Ward is to the agents at London
We assured by all parties that the late Secretary OF
the Navy had no information Of the conditions Of Mr.
osbornes agreement to act for Mr. DENLY OF the fact
Of his using the mode OF renting the money received
for him
II will not satisfy the public for the friends Of the
present administration TO say that the construction given
to the snb-reasuryact by Mr. Folks administration has
been adopted by them and yet nsst that the construc
ton is wrong and especially when ne little credit is
claimed for the administration Of General Taylor for hav
ing corrected the plumbers Of their predecessors General
Taylor is bound by his oath OF Office to see the aws
executed according TO their true intent and meaning and
he has for construction because
his predecessors him the example Of dsregardng the
law. The public had right to expect OF the assaants
Of the late administration. that they would show, at
least il the mode Of paying those in public service abroad
adopted by that administration were erroneous, some
Il