Weekly Trinity journal., 1857-07-11
To the Public.

For the first time in my life End myself cal
led upon 10 defend a censure through the medium
of the public press, but that being the channel
through which the censure is made the property
of the public, avail myself of the same source
for defence.
End no parallel in the history Of Judicial pro-
ceedings in which person has been presented
to the world as a criminal by a sworn body of
enlightened juryme acting as the grand inquest
of the people, and with the same censurous pre-
sentiment acknowledging that through certain
technicalities in the lar, he has escaped the ig-
nominy of public prosecution"
What the ignominy Of such prosecution might
be am unable to determine, from anything they
have published in their report, but certainly
should have preferred defending myself on the
charges made against me at the Bar Of Justice
in the manner provided by law, rather than to
have entered the arena of a newspaper defence
l am charged with being guilty of gross lastly
and much moral turptude" which the technical
tiles Of the lac are sufficient to shield me from
" the ignominy of public prosecution"
] would not be understood in this article to
cast any ceusure on the gentlemen who composed
that honorable body, they having no doubt acted
upon what facts, unexplained, were presented to
them and upon the law, as explained, and as they
interpreted it.
Before the Grand Jury were called, and upon
the 18th of this month and at divers other times,
was requested TO make my settlement for Poll
Tax Receipts, the holders Of county scrip being
anxious to obtain the money on their warrants.
then made payment into the county Treasury
as matter of accommodation to said scrip hold
ers, and not that WAS legally bound go to do.
This may have induced the Grand Jury 10 think
because had paid in portion, was bound
then, at that time, to make final settlement,
and their advice (Which | cannot deem lar)
seems to indicate that such was their idea, when
they say we trust for his own honor as well as
personal safety he will make strict and accur
ate settlement with the Board of Supervisors
that convene on the 25th inst" There is no law
in our Statutes which authorises me to make a
settlement with the Board of Supervisors for
poll-tOx receipts. yet am gravey adUissd by the
gentlemen to do that which is contrary to the
law.
The Revenue Law OF this State provides GER
tain times for, and the manner in which my settle
ments shall be made. | commenced my official
duties, this year, under the Act of 1854, as
amended by the Acts of '55 and $50, and so con-
tinued to act until l received official notice of
the new Act of 1857, passed April 29th. which
was sent from the office of the Controller for dis
trbuion on the goth day of may. and by me re-
ceived on the 10th day of June. as | have the
certificate of the County Clerk to show. Up to
that time had made my assessments and cOllec-
tions in accordance with the provisions of the
other Acts. which Acts make the first Wednesday
after the first Monday in October of each year.
the day upon which to settle for all three dollar
poll-tax receipts by the sold during that
year, and not then returned, and naming the per-
sons tCith wb0m 10 stttle to he the Treasurer the
Clerk of the Board of Equalization. and the
County Auditor. Upon receiving notice of the
new Act. found that upon the first Monday of
each month the Assessor was required to make
oath before the Auditor of the total number of
poll-taxes by him collected during the preceding
month, and at the same time, to file the county
Treasurers receipt for the amount collected
less his fees allowed by law. And that upon the
first Monday in August. he shall return all three
dollar receipts by him received, and not used and
pay to the Treasurer the total amount collected
and not heretofore paid in, and on the first Mon
day in January to make final settlement with
the Treasurer the Clerk Of the Board of Equaliz.
alton and the Auditor, for all poll tax receipts
by him received and not returned. Under these
new provisions of the Revenue Act am ready
to and have acted since | received the same Nv
books. accounts and receipts were at all times
ready for inspection. and if needed explanation.
but neither my Deputies or myself, were called
on nor were my books or receipts. examined, or
called for. In examining the official acts of a
public officer whose duty it is to keep record of
those acts before he is publicly censured his ac-
counts should be examined, and if they are incor-
rect he should be punished and not published as
guilty, and at the same time admitted to be inno-
cent through the " teehnicalitics of the law
For those &" technicalites am not nor shall
hold myself responsible, not having been one of
the honorable body who framed them, nor do I
deem l had sufficient influence in the forum of
our law makers, to have induced them to pass
those technical laws for my protection. When |
am indebted to the State or county or if thpv
sustain any loss through my "moral turpitude, j
| shall become worthy of censure and punish.
ment, but a persecution through the columns OF
the public press deem nnjust, and can only say
feel no hesitation in leaving an impartial pub-
lie to judge of the magnitude Of my offences.
u. w. POTTER,
Former Assessor of Trinity Co.
Weavervillc Jupe 30 1887