Answer. A few days before Nash was discharged from the penitentiary, Mr. William Wheatly, clerk at the penitentiary, called and took up the order by giving his due bill for the amount of $5 25.

ISAAC CLARKE, Esq.,

Respectfully, your obedient servant,

Warden of Penitentiary of Dist. of Col.

W. B. TODD.

Decision of the President.

The President does not find, on the investigation of the charges against the warden of the penitentiary, sufficient evidence to establish a corrupt design in either of the acts specified in support of them; and he thinks it necessary only to express his regret that, in a variety of small transactions, there has been a want of that caution and precision in the management of the affairs of the institution which is requisite to prevent all danger of imputation.

M. V. B.

WASHINGTON, September 27, 1839.

SIR: Among the charges against Isaac Clarke, warden of the penitentiary, by Lewis Ratcliff, late a guard at the same institution, of the 13th instant, is one in which I am implicated. The object of this communication is to explain the transaction, and to show that it had no relation to Isaac Clarke in his official character, or with the public funds placed in his hands for disbursment for. and on account of, the penitentiary.

On the 8th of August, 1836, I borrowed of Isaac Clarke the sum of five hundred dollars, and gave him my note on demand. It was purely a private transaction between us, and had no connexion whatever with his official character, nor with the public moneys committed to his charge. If the check was paid out of public money, I was not aware of it, nor can I suppose that it was.

it is only inferred, I presume, that the check was paid out of the public money, from the fact that the check was made out and cut from the warden's check book. I did not notice this at the time the check was given, but if I had, I should not have supposed that it was necessarily to be paid out of the public funds. No bank is indicated, either by law or by the board of inspectors, for the safe keeping of the public funds placed in the hands of the warden from time to time, as occasion may require. The inspectors do not know where the warden keeps the public money, nor do they inquire of him.

I have sometimes heard him say that he kept it in one bank and sometimes in another bank. He has given bond to the United States, in the sum of ten thousand dollars, with good and sufficient security, for the safe keeping and proper application of the public money placed in his hand 3. That it is safe and always has been, I verily believe. The warden has never failed to settle his accounts at the end of each and every month with the board of inspectors, and quarterly at the Treasury Department.

He

has never been delinquent one copper; but the Government is frequently in his debt. The money appropriated by Congress for the support of the penitentiary is drawn out, as required for the use of the institution,' by requisition of the board of inspectors in favor of the warden, and seldom exceeds two thousand dollars at a time.

The warden has always maintained the character of an honest and correet man, and I believe that he is justly entitled to this appellation. I was present when Isaac Clarke loaned $500 to James Dunlop, and know that it was a private transaction. Mr. Dunlop gave Mr. Clarke a note on demand for this money: I saw the note this day in the possession of Mr. Dunlop, with Mr. Clarke's receipt in full upon it, dated October 18,

1828.

Mr. Clarke is also charged with furnishing some ice to me, which he never accounted for. I never bought any ice from Mr. Clarke, and never intended to do so. Several times in the year 1837, and several times in the year 1838, I sent to Mr. Clarke for a few bushels of ice; he had it in great abundance, and was in the habit of occasionally giving it to his neighbors. The ice-house was built for the use of the penitentiary; it never was intended that ice should be sold from it; and I believe that it Dever was but on one occasion, and that was to Mr. Todd.

That a transaction so innocent should be the subject of a serious charge against the warden, is matter of astonishment, and only shows the deep maglignity of his persecutors.

If the testimony taken by the board of inspectors is to be sent to the President, I will thank you to let this letter accompany it.

I have the honor to be, with great respect, your most obedient servant, THOMAS CARBERY.

INSPECTORS' ROOM, PENITENTIARY,
Washington, October 14, 1839.

DEAR SIR: We feel entirely disposed to put your conduct right as it regards any participation taken by you in the investigation of the charges lately preferred by Lewis Rateliff against the warden of the penitentiary. In the remark contained in the letter accompanying the testimony in "that you took no part in the investigation, and asked no questions after the author of those charges objected," it was not our intention to convey the idea that you had set in judgment on those charges.

that case,

And, for further and more full explanation, we do not hesitate now to say that you did not vote on any proposition which was then submitted to the consideration of the board of inspectors.

We are, respectfully, your friends, &c.,

THOMAS CARBERY, Esq.

B. HOOE,
WM. MINOR,

Inspectors.

2d Session.

Executive.

APPOINTMENTS TO OFFICE, &c.

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES,

TRANSMITTING

A list of appointments to office since the 4th of April, 1841, either by the Executive or Secretary of State, &c.

APRIL 8, 1842.

Read, and laid upon the table.

To the House of Representatives of the United States:

In part compliance with a resolution of the House of Representatives of the 21st of March, 1842, I here with communicate a report from the Secretary of State.

WASHINGTON CITY, April 4, 1842.

JOHN TYLER.

DEPARTMENT OF STATE, April 2, 1842. The Secretary of State, to whom has been referred a resolution of the House of Representatives of the 21st of March, 1842, "That the President of the United States be requested to communicate to this House, at as early a period as possible, a list of all the appointments to office that have been made, since the 4th day of April last, either by the Executive or the heads of Departments, the names of the appointees, the State in which they were born, and the State in which they resided at the time of their appointment," has the honor to lay before the President a list containing all the information afforded by the files and records of the Department of State on the subject of said resolution.

To the PRESIDENT of the United States.

DANIEL WEBSTER.

List of the appointments to office that have been made, since the 4th day of April, 1841, either by the Executive or the Secretary of State, the names of the appointees, the State in which they were born, and the State in which they resided at the time of their appointment, agreeably to the files and records of the Department of State, in answer to a resolution of the House of Representatives of the 21st of March, 1842.