DEPARTMENT OF STATE, Washington, July 9, 1839. GENTLEMEN: By direction of the Secretary of State, I communicate to you copies of a letter from George Topham, and of a paper enclosed in it, containing charges against Isaac Clarke, the warden of the penitentiary. You will, without delay, institute an investigation of the truth of those charges, and report the result to this Department. A. VAIL, Acting Secretary. I am, &c. Messrs. THOMAS CARBERY, Inspectors of the Penitentiary, &c. DEPARTMENT OF STATE, Washington, September 13, 1839. GENTLEMEN: I herewith communicate to you copies of a letter from Lewis Ratcliff, (13th Sept.,) and of the papers enclosed in it, just received, containing additional charges against Isaac Clarke, the warden of the penitentiary in this District. You will, without unnecessary delay, proceed to investigate the truth of these allegations, and report the result to this Department. Messrs. THOMAS CARBERY, I am, &c. JOHN FORSYTH. BERNARD HOOE, and Inspectors of the Penitentiary, &c. DEPARTMENT OF STATE, Washington, September 13, 1839. SIR: You will receive, enclosed, a copy of certain additional charges, which have been this day preferred against you, by Lewis Ratcliff. They have also been communicated to Messrs. Hooe, Minor, and Carbery, who will immediately proceed to investigate the truth, and report the result to this Department. 1 am, &c. JOHN FORSYTH. ISAAC CLARKE, Esq., Warden of the Penitentiary, D. C. DEPARTMENT OF STATE, Washington, September 30, 1839. SIR The board of inspectors of the penitentiary of the District of Columbia having reported to this Department the evidence taken in the investigation of the charges recently preferred against you as a public officer, I have to inform you that any remarks you may think proper to make in relation to the allegations referred to, or any counter testimony you may deem it expedient to offer, should be communicated to me as soon as practicable, in order that it may be submitted to the President, with all the other papers and documents connected with the subject. ISAAC CLARKE, Esq., Warden, &c. I am, &c. JOHN FORSYTH. WASHINGTON CITY, D. C., June 28, 1839. SIR: I enclose herewith charges and specifications of a serious character against Isaac Clarke, warden of the penitentiary. I make them from a sense of duty to the public, and confidently believe they can be substantiated before a committee of investigation, required to examine all witnesses upon oath or affirmation. Under the firm conviction that the public service will be benefited by an early action upon the matters charged, I beg that an investigation may be made with as little delay as the interests of the service will admit of, and that you will also direct that the testimony taken may be under the oath or affirmation of each witness, as the only mode of arriving at the truth. I have the honor to be, sir, with much respect, your obedient servant, GEORGE TOPHAM. To the Hon. the SECRETARY or ACTING SECRETARY OF STATE. Charges and specifications of charges, made and preferred by George Topham, of the city of Washington, District of Columbia, against Isaac Clarke, warden of the penitentiary in said city and District. CHARGE 1.-Violation of law, neglect of duty, and disobedience of a resolution passed by the board of inspectors, prohibiting the employment of prisoners outside the walls, and beyond the limits of the penitentiary. Specification 1. That said Isaac Clarke, warden of the penitentiary, as aforesaid, has, at divers times, and upon various occasions, since his appointment as such, ordered prisoners, under sentence of confinement within the walls of said penitentiary, to work, for his private benefit and advantage, outside of the walls and beyond the limits of the same: such orders, on the part of said Clarke, being an open and direct violation of the law under which said prisoners were sentenced to confinement within the walls of said penitentiary, a gross and reckless neglect of his duty, and a direct and positive act of disobedience to a resolution passed by the board of inspectors of said penitentiary, prohibiting and forbidding such employment of the prisoners. Specification 2. That said Clarke, by such employment of said prisoners, under sentence as specified above, not only afforded them an opportunity of effecting their escape, (which several so employed have done,) but placed in jeopardy the life of one of the then keepers or guard of said penitentiary, upon whom said prisoners, so employed, made an attack, knocking him down, depriving him of his means of defence, and jeoparding his life by snapping a pistol at his breast: such occurrences exhibiting, on the part of said Clarke, a gross neglect of duty, an open violation of law, and a total disregard for the safe-keeping of the prisoners committed to his care. Specification 3. That prisoners, so employed outside of the walls and beyond the limits of said penitentiary, by said Clarke, have stolen property from the same, and sold or disposed of it in the neighborhood, at or about half a mile distant, procured liquor for the proceeds thereof, brought the liquor to or near the penitentiary, and distributed it amongst their fellow prisoners, employed as before specified: such conduct in said prisoners exhibiting, on the part of said Clarke, a great laxity, in the enforcement and maintenance of proper discipline, a culpable disregard for the safe-keeping of said prisoners, a gross neglect of duty, a violation of law, disobedience of a resolution of the board of inspectors, prohibiting such employment of prisoners, and setting a pernicious example to his subordinate officers. Specification 4. That said Clarke has, at divers times, and upon various occasions, since his appointment as warden of said penitentiary, kept up prisoners under the sentence of confinement until the hours of ten and eleven o'clock at night, shelling corn for his private benefit or use, and to wait for the return of his carriage: this being in direct and open violation of the regulations for the government of said penitentiary, which require all prisoners to be locked up at sunset, a gross neglect of duty, and exhibiting a great disregard for the safe-keeping of such prisoners, on the part of said Clarke. Specification 5. That said Clarke did, during the season last passed, sell, or cause to be sold, to a vender of ice in the city of Washington, the ice collected for the benefit of said penitentiary, and made no return of such sale or transaction for a period of nearly seven months, and then only when demanded or called for: in this, laying himself open to imputations highly prejudicial to his character as a public officer, neglecting his duty, and violating, knowingly and wilfully, the law or regulation which requires that all sales made within any given month shall be embraced in the accounts for settlement for that month.. CHARGE 2.-Oppressive and tyrannical conduct, and conduct unbecoming a public officer. Specification 1. That said Clarke, upon an occasion when a prisoner or prisoners had effected his or their escape, while employed, by his orders, beyond the limits and outside of the walls of said penitentiary, did, by his manner and bearing towards a subordinate officer, coerce or intimidate said officer to add the sum of fifty dollars to a sum of equal amount offered by said Clarke, in his official capacity as warden aforesaid, for the recovery of said prisoner or prisoners so escaped, which sum, so extorted from said subordinate officer by said warden, was paid by said subordinate officer from his private purse; the like sum of fifty dollars, officially offered at the same time by said Clarke, was charged to and paid from the public funds: such conduct, on the part of said Clarke, who was the original cause of the loss of said prisoner or prisoners, exhibiting an unjust, oppressive, and tyrannical disposition, disgraceful to himself as warden aforesaid, and pernicious in its effects as an example for his subordinate officers. Specification 2. That said Clarke, in his bearing, manner, intercourse with, and conduct towards, the prisoners committed to his care, as well as towards his subordinates in authority, is overbearing, tyrannical, and oppressive; so much so, as to have engendered evil feelings on the part of said prisoners, prejudicial to the best interests of the penitentiary, and to have lost him, the said Clarke, the confidence and respect of his subordinate officers; such a state of affairs being well calculated to lead to mutiny and sedition, and showing, on the part of said Clarke, a great want of judgment in conciliating the good feelings of his subordinates, and the prisoners under his care, as well as an unjust, tyrannical, and oppressive disposition. CHARGE 3.-Illegal and unjustifiable disposition of the public property, to the detriment and injury of the public service. Specification 1. That said Clarke did, upon a certain occasion, since his appointment as warden of the said penitentiary, sell, or caused to be sold, or disposed of, and delivered to Thomas Carbery, one of the inspectors of said penitentiary, for the sum of five dollars, or thereabouts, a quantity or parcel of new Venitian blinds, and another quantity or parcel, with their fixtures, which had been taken down from their places in said penitentiary, together with a lot or parcel of lumber, belonging to the public; the real value of said blinds and lumber being from two hundred to five hundred dollars in this, the said Clarke abusing the public trust committed to his care, squandering the public property, and neglecting his duty, to the great injury and detriment of the public service. Specification 2. That said Clarke did, upon another occasion, or at or about the same period upon which the transaction above specified took place, deliver, or caused to be delivered, into the possession of said Thomas Carbery, a work-bench, a lot or parcel of new window frames, made in the carpenter's shop of said penitentiary, and all the tin waterheads, tin water-spouts, and tin water-gutters, belonging to, and taken down from, said penitentiary building; said Clarke never having accounted for, or made any specific return of, the sale or disposition of said last specified public property in this, said Clarke abusing the public confidence and trust, knowingly and wilfully misapplying the public property, and reprehensibly neglecting his duty as a public officer, to the great injury and detriment of the public service. GEORGE TOPHAM. WASHINGTON CITY, June 28, 1839. tentiary. PENITENTIARY AT WASHINGTON, Inspectors' Office, July 31, 1839. SIR: In obedience to your letter of instructions, bearing date on the 10th day of this month, the undersigned, the board of inspectors of the penitentiary of the District of Columbia, assembled at their office, for the purpose of investigating the charges and the specifications of charges preferred against Isaac Clarke, warden of the said penitentiary. They directed to be brought before them, on the 20th day of this month, such witnesses as they were advised to be material in support of the said charges and specifications, and have been engaged, from day to day, in pursuing the investigation with all the diligence in their power. They caused to be placed, without delay, in the hands of Isaac Clarke, warden, a copy of the charges and specifications to them directed, and requested him to introduce such witnesses as he might think important for his defence. The board examined each and every witness upon oath; and proceeded to take their testimony, in writing, with as much accuracy and minuteness as was consistent with the public interest, and due to the character of the officer implicated. After a most tedious, but patient and laborious examination into the matters committed to them, the inspectors have embodied a mass of testimony showing what has been the conduct of the warden, and the manner in which his duties have been discharged, which they beg leave, most respectfully, to submit to your consideration. As Mr. George Topham seems to be the author of the charges preferred against Isaac Clarke, the undersigned notified him of their intention to proceed with their investigation, and required his attendance, to aid them in the duty assigned to them. It will be seen, by reference to the testimony now forwarded to the Department, that he was in attendance, and did aid the inspectors in the discharge of the duty they have endeavored most zealously to perform. In obedience to your order, all the officers of the penitentiary have been examined as witnesses in this case, as will be seen by the volume now herewith communicated. All which is most respectfully submitted by B. HOOE, President Board Inspectors, THOMAS CARBERY. To the Hon. the SECRETARY OF STATE. PENITENTIARY, WASHINGTON CITY, D. C., July 26, 1839. SIR: The inspectors of the penitentiary are now sitting as a committee to investigate certain charges prefered by you, and filed in the Department of State, against Isaac Clarke, warden of the penitentiary. They desire to afford you the opportunity of witnessing the investigation now in progress before them, and beg leave to suggest that it will be agreeable to them, if you desire it, that you should be present to attend the examination of the witnesses. Your immediate attendance before them is respectfully invited. B. HOOE, Chairman of the Committee. Mr. GEORGE TOPHAM. |