Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1849-09-06
From the Richmond Hhig.
THE DEEAIGAriON

ed and airocs caumnles of which he has been the VIC
tim it is not because the facts do not exist which would
render such vndicaon triumphant aud conclusive, but
because as readers well know we have access
10 ihem.o
This is a queer apoloey-when it is recolleeed, tla,
the I'd OF August the Union announced that II had all
the Details and thanks the Navy Department and
would publish them in "a day two.'
II then proceeds at great length 10 argue the law, and
mysfas the subject much AS can without throwing
much light upon II. five understand its arguments. II
means. that discussing agents Tor nfega countries
within The provisions Of The Sub-teasury law; 1T
they Were the securities released whose fault is
thail aud they are not, Mr.. Mason has acted cor
recy.
turns Mr. DENLY and Mr.. Osborne 10 the ten
der mereies of the law and devoteS all lis powers 10 the
vindcaiion Of Judge Mason The little fishes may
shift for the nselves but the big must be taken care
Of Ii throws the blame Of Mr.. Denbys not receiving
~ ICE Of the advances made to him upon his agent. Mr.
tf,>@rne0 IN ,rds The fduH othis AGENT and not The
tdM ofute Secretary Of The Nary" says the Union, in
dhcs his sounds little unknd-tor if reculec-
ton is not at fault when Mr. Polk camein and Mr.. Ma
rather precafous footing, Mr. Osborne
looked after his interests with the Democracy herea-
bouts. while the then Editor Of the Enquirer very
socuus about the interests Of somebody else Certain
ly we heard something to that effect at the time
But in ship-wIeck every man must look out for his
own salvation.
Though the Unions statements are not worth much,
we will give them for the benefit of the parties Ii
says:
I'VE are assured by all parties that the late Secretary
of the Navy had 10 information of the conditions of Mr.
Osbprnes agreement In for DENLY or of the fact Of
his using or the mode Of remng, the money received
for him.
That is an important point, on which the public wan,
more light.
The Union proceeds say, that 'on the 10th of Feb
1915" before MIR. DENLY left the United States pay
made to him of $50 000 and the Secretary Of
the Navy was authorized to pay him 100000. Mr..
Misrn left the Navy Department soon after 4th Of March
eIlinu On he IlufM AL trala
advance TO d. nby Of $4,000"
Beore these payments were expended. the navy was
Withdrawn from the Mediterranean, leaving 10000 in
DENLY hands, where they Continued to remain for
years.
In Sept. ZIG. Mr.. Mason returned TO the Navy De.
paalmeft. and the first advance made by him was in
Sept. 1871 In the meantime several vessels had been
ordered the Mediterranean and this is alleged rs an
for the advance, while Denby still in arrears
$4,000, and had been for two years.
1--WE arc assured (says the Unon( that payment
whatever made either to DENLY or Osborne aisr
ooh of April, 1913, when Secretary Mason Tor the first
time, received information that Osborne had failed and
his remit ance was unavailina."
The Unlon also says,'ce authorised to state that the
late Secretary Of The Navy not cognzlnt Of or pvy
any arrangement between Messrs DENLY and Osborne
Sc.
The Union also admits:
ain point Of fact, the failure of Mr.. Osborne and lis
probable effect, communicated 10 The late President
withom delay, after Il ,cas knorn 10 The Secretary Of
The Naryo
The Presidents omission to communicate the fact to
Compress, and the meaning ofhis declaration that no
money had been lost, thus explained by the sole
gan. If it mends matters much or puts the high func-
tonaiies of Government in very enviabe attitude before
the country, we give up our Judgment
SIN point Of fact, the failure of MIR. Osborne and its
probable effect communicable The late President,
,cton delay after h,cas kaocn 10 The Secretary Of The
Nary What course does the law prescribe under such
such circumstances
no of tbn ~ nf
81 1928 directs the mode Of settlement Of accounts by
the proper oces of the treasury and the Sd section de-
cares that every officer agent OF the United States,
who shall offend against the provisions OF the preceding
sections, shall by the officer, charged with the direction
Of the department which such offending officer
ponsbe, be promptly reported To the President OF the L.
States. and dismissed from public service Propded,
That in all cases whore any officer, in default as aioe
said shall the satisfaction of the President for
such default he may be continued in office, anything in
the otegong provision TO the contrary notwitlstand-
ing.'
And by the Doth section of the sub-treasurv act, after
frbddng exchange OF funds, under certain circnmstan
aud requiring the payment by dlsbursIng officers, OF
the identical money furnished them for disbursement II
is declared THAT shall be and is hereby made the
dny Of the head of the proper department Immediately
to suspend from duty any disbusng officer who shall VIC
late the provisions of this section and forthwith TO report
the Of the officer agent TO the President with
the facl Of the vulalion, and all the circumstances
comranyng the same, and within the know ledge Of the
said Secretary TO the end that such officer agent may
be promptly removed from office restored to his trust
and the performance of his duties the President may
Just and proper"
'''Ihs report made, and Mr. DENLY required
u to the United States and settle his accounts
lie distant station, and although 1t might, and
probably would be found, that the failure of his agent
remit him so large Of mo ey might be attended by
his total inability 10 make good the loss it not deem
ed Just, Mr.. Osborne acknowledged that the loss had
occurred while in his hands, and before the money had
reached Mr. DENLY, to the supposon that DENLY
could not replace it, On his return, being ascertaned
that he could not make it good, it determined that
he could not continue in public employment and his re-
salvation accepted. In the division of the duties and
tnt distribution of the public business among the several
departments, ii would have been strange if the power of
supervision of officers agents attached to either should
have been given 10 another The Secretary Of the Treas
ury has no control over navy agent paymaser IN the
army. The reports required 10 be made TO Congress Of
officers in default under the 10Th section fthe sub treas
ury act are 10 be made by The Secretary Of The Treas
uy 1t is true that he is required to report officers of
tending against the 18th and 10Th sections the Pres
dent and to Congress. But The President is mol riqor
ed to make any such communication, is The Secretary
Of the Nary. So that whether Mr.. Denby's came
within the provisions of the Of 1928 of Sl0, the
report required of the Secretary Of the Navy cas made,
and the President exercised his power conferred by law
on the subject. 1t subject deemed appropriate
IN the annual report any more than would have been the
case of purser in default, Of contractor for supplies
who had broken his contract and compelled the depart
ment To purchase In market higher prices than