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LiwT.lBA»;i)oii , if^ cahb
but ui Jtr( WertfiraA, directing Uinfci"
W»mw»« *oi»''» law, which I faaHaw
Utom tb'i Alexandria
* / a/5 i i;t Ryuwc.y
Robert B^Haodolph, fate Lieutenant in-the
N*»y of tin United States. having recently ao-
iMMncnd hi* distetssion frOm the service by the
President will now undertake! foi the Informe-
« ,o of hn fallow -cittaans generally, and of h'ts
Id ysdfte'rf ankiFhfar.in *«,**?• ei i>°* e
tbo dreomsuore* which have led to lb* cits*-
' ^fsTth* springof%i8, ‘JohoB. Timberlake,
> '■aiknr oftb# United Smio't frigate Constitution
died at Port Mahon, from the effects of de
rangement, in a It ef which tie had unfortu
nately maim*! himself, by editing hi* threat.— - - , - . _ .
Commodore Pat eraon, thro commander of the j bo pot in eharfo of aoch oBScor ■» the
frigate directed me, verbally, to waaumo the do- Captain of the aMp may‘appoint that
tioa.of Acting Puraer, as tbo aucoeaaor of Mr. purpose, to be preserved for tbobeaefitof
Thnhotlalso. About to become the teeipiefit! the legal representatives of the deceased,
afthe monev slops, and other effects betongMg | tmloaa, from paMicnlar cirtumstaocaa, the
5 the Uoiid-Smtea, which Were loft t^my Captain shall deem it ndviaoble to dispose
predecessor, it was not my duty to count the
money, or take an inventory of tit* effects.—
Common seme might loach,any one that the
coaming df the money, and mvveying the ef
fects, devolved upon other*, before I could bo
made responsible. I participated in neither.
It hns been testified, however, by Captain
Patterson, that he gave verbal order* to his fust
Lieutenant io rattan the money to be counted,
and an account taken of it to bo delivered to
me; and also designate three officers of the ship
Io make an ievontory of all the public offecta,
before they Mould be delirert-l over. .Captain
Patterson baa further deposed, that Lieutenant
Valletta, thy gentleman to whom these verbal
orders wore given, reported tp him that all bad
bora done as commandud. But the persons
named by I.ientenant Valletta, a* those design*-
Oatecfte perfermthe duties before mentioned,
disclaim their appointment, and positively at
pert, that they had no agency m making an in
ventory, or counting the money, eud never had
my knowledge of tbo money or effect* left by
Mr. Timberlake, except from heretay.
Those discrepancies in the evidence of gen-
domra, made under the obligations of their
rath* necessarily called lor thn minutest exam
ination by Iho court and by counsel; when, nt
length it waa positively ascertained that there
bad been no inventory taken of the public pro
perty; a* Captain Patterson countermanded his
own order to that end, upon the repiecentatim
to him, by Lieutenant Valletta, that the slops
nnd ateces warn M shunted as to render it very
inconvenient remake an inventory thereef.—
Tbo survey was postponed by order of Captain
Patterson, until after the arrival of the Consti
tution at the Navy Yard, Charlestown, Massa
chusetts; when all the slops and store* were, by
the order of Captain Gallagher, survoyed end
turned into the navy store, end receipted for by
Mr. Bale* the navy storekeeper on that ctatiou.
So much for the reported inventoriea made at
Port Mahon, byordora of Captain Pntteraon.—-
(lero the Investigation concerning mysterious in
ventories, y hich from the beginning had existed
only-in fiction, might be termineted, but for else
evidence ol Captain Pattereon, before the late
eeart of inquiry, who swore, that When the
Const halloa came near the light house, and bo.
fern tbo enrvey took place in the navy yard at
Charleetown, he inquired of me, whether I had
forwarded in the Fourth Auditor duplicates of
the inventories of thooo mow slop* and stores
rad received on affirmative answer! t The roffi
der bar seen, above, that no inventory bad be.
fare been taken, and thie with the knowledge,
and in puteuin of thn order*, of Captain Pat
terson himself. It it *001X010 worth while to
waste one word mure on this subject. Ho-
Captain Patterson could imagine that I had
transmitted in the Fourth Auditor duplicates of
inventories never made—or how I could answer
hi thn affirmative, never having heard or seen
any such inventories, I leave to every ono to
conjecture. It surpasses all my logic. Such,
however, it will bn inn, in the President’ 1
letter of dismission, (A) is ihe testimony
on which he h«s strived to the deci*'
, ien, that I am unworthy of the n;ivu| service of
this republic! It would seem to me. nevertltO'
lorn, that the President's decision well quo
' dratna with the testimony of Ciiptnin Patterson,
, on e being as destitute of justice as thn oilier is
of truth. ' .
Had the President tren actuated liv correct
motives, influenced by the proceedings and
judgment of thn Court of Inouiry, and sought
> information from the books and voucher* in thn
Navy Department, he must have come to other
conclusions. But in signing the fiat for my
dissmistnl, he accommodated himself to thn mu
lignlly and conspiracy of John II. Gatnn and
Amo* Kendall, worthy associates of their m»H-
Cioui uud imbecile mutter. I msv, however,
put op with my share of his denunciation, when
in th« same acrawl he stigmatize* thn integrity
tor* to jlu taken’ eetordmg to Era,? with- if challenge, as/, tbo mratiof of Congress,
or M whom 7a S 1 ehall apparf. In the mare
given leaving raom for .the mfereeCgjhm tfase^lelainai for the da fence of my bon
fire ‘locket i* impute We tans. Th*-lt faPremtprcttffitlos^ofm; daertxmght fame,
m.y bo ween bow wecuratWy the Preai- a fatreraas interposmon of all my lata
dent ba* interpreted’tire law, scroraingitbe brotbam ifihn service, mn ran of whom
guilty, and impuuhig the innocent, I bean wit baste $eard of the Wgh handed op-
insert two extracts, No*. 14 and 15, from
the rules lad regulslronvfor the Novel aer-
Vic# «f tha United States,woder the heed
of “wore* and pro»i*ioo*, n via: ’
1'4. “Oil the death of an Officer heviog
charge Of stores, hi* public paper* shall be
separated from those Of a privato’natore,
tho formerte be forwarded, by eeefa con
veyance, to the‘Fourth Auditor, fad tko
latter, logeilier withida private effects, to
preseioovnth wldch I buvofaera assailed,
without Ufa-- derpOet griet 4 know they
wil hear eenitoony m my 'favor, even at
tbo vMrdfnw odtoua ImpMeWra. lam
mmoemMnibWi jest comas «o appease
KeodMK and winterer to the Mock avarice
and cowardly resentment of Estoe, who
might longjbten. Jmtie cloood the accoonu
Of Timberlake, by. reinraiog to t)ie 'Gov-
eminent iba money aid dfccit which be
tempted Mm to ukw from the public fond*
Purser, rad io keeping sad making outVu
accounts, did not proceed fromsny inten
tion to defrsod tbo United States or Mr.
Timborlske.**
These conclusioos, In the opinion of
the President, ere mcompatiblo with
Lieifteeant Randolph’s failure to charge
himself with tho money and effects of Mr.
Timberlake, with Ihe mieiaformation giv
en by him to Commodore Patterson m re
lation to sending the inventories to the
Fourth Auditor,—with the apppropriation
to Wo own oso, before tho settlement oi
hi* accounts, of near ton thousand dollars
off be money tent to him at Boston, to pay
eff the ship's company, showing that ha
bad an accurate knowledge what would
he the result of that settleaseot,—with his
payment of six hundred dollar* to Mr.
to account with me. There are matters
yet onseftted, there hr also an estate to an-
or them *t public sale; i*"whiehca*e a du- »wer, and'there are courts, laws, judges,
plicate of the inventory; With an account chancellors and’jutlessiiU aobsistiog with-
in his trast. .With this lattsr l ehall have (.Norman, niter the settlement of hia sc
some farther concern, when i ehall take couet, which is * confession- of his knowl-
measures tollring theostate of Timborlske edge that he had retained money belong-
of the disposal of tale, shall ’ be transmit'
led to the Fourth Auditor of the Treasury,
15. '“If an oflfter having charge of
stores, should from any aceiAentdl cir-
cwmitmcet, be separated from hi* ship,
the Cay tain shall proceed te ttfrvey.and
ascertain the state of the store* as though
such officer were actually dead, or dis
charged ; and ho shall, et in a like case,
appoint naoiher officer to act in hi* plaoe,
giving tho earliest intelligence of bis pro
ceedings to Ihe Fourth Auditor of the
Tressary.”
So much of the rule* snd regulations as
I have here inserted, coexist especia.of-
instructions to CxrrAtNn, snd they ere
now produced to show to the people, end
my late brother officers, how nnjnstly and
tyrannically tho President has axled to
wards me, while he suffers (he negligent
end guilty Cuptain to remsin In command
of ■ squadron in the Mediterranean. It is
somewhat unintelligible to airy one not
conversant with the history ol my case,
that there should be a motive with the
President to harrass and degrade me, who
acted in all thie affair in a subordinate ca
pacity, and by-xhe commands of Captain
Patterson.
With respect to the small stores on
board, belonging to Mr. Timberlake, the
explanation is short and simple. Mr.
Tlmherlnke, died indebted to Mr. Nor
man, his clerk something more than six
hundred dollars, and before his death ex
pressed a desire to secure him out of hi*
small stores. He directed Norman to
•n»ke a schedule ol them,' that lie might
assign them Io him ; but before the article
could be prepared, he grew so ill, that he
was unable to esccute it. Captain Pat-
terann, knowing tho wishes of Mr. Tim-
bet-fake, requested me lo execute the ar.
rangoment for Norman’s benefit, as if it
had been completed by him before he sunk
into the arm* of death. These store*
were suld at auction by order nf the Sec
retary wf the Navy, and out ol the proceed*
I satisfidd the claim of Norman wlthinia
very few dollars. This is a simpln and
true account of a transaction upon which
tho President attempts to fix upon me on
interference with the estate of Tintbor-
lake. Nothing fat Ihe most hideous obli-
qeity toeld have so distorted-bis pour blind
vision. X
I have now done with Mr. Tlmber-
lako's slops and small stores', having no
more agency in their disposition than that
above netted, and which is a mattor of re
cord, *( dm minutes of tho proceedings of
the l.ito Court of Inquiry will nbiindhntly
prove, and which, according to the letter
of Mr. Woodoury below, (B.) had Irneii
examined and returned by the President
without disapprobation.
I shall in the sequel, lax thy reader with
u history of the money left by Purser Tint-
bcrlake on his demise; The amount was
reportnd to me, by those who counted it,
to he 11,483 dollar*, of which I immedi
ately made n memorandum. This mem
orandum 1 voluntarily delivered, to the
court, to save oil Irnith-ss inquiry about the
money, having no motive to conceal tho
truth. Mv first impression was to charge
myself with that sunt—open a new account
with tho Government, and at my riak, dis
burse it in the service.' This tvAt posi
tively prohibited by Capt. Patterson, and
as peremptorily was 1 commanded to dis.
burse it on the bouks of the late purser. I
implicitly obeyed and, in paying his rolls
and disclmrging the outstanding debts to of
the Slst March, 1828, exhausted tho last
and intelligence of the la'e Court of Enquiry in dollar, insomuch, that, with the permission
my catef composed of off!tors not surpassed In
character and respec ability by any in the ser
vice of the country. >
With any slop* that might have boon on board
whop Timberlake died, I am wholly nnhequain-
red. For some time before hit death, and until
thedeyof hia interment, Norman and Morris,
■ Timberlake’* clerks, hod charge of ell the slops
| . 'which had beeu open for the nse of the craw.—
Wtmt they uimv heVw tssued, I have uu means
«f knowing, lit having beeu determined by
Captain Patterson, that the alopt yttd public
afore* tn the hold, nod other departments of the
abtp; should not bo disturbed, I obtained, and
receipted to our Consul nt Port Mahon, Mr.
Ledior, lor e email amount of slope, which have
been folly accounted for with tho government.
During the inquiry contorting my slop account.
flM Court were of opinio* tint I had a credit
(br ibe ambent of 4178 in slops not belonging
to my parcel. I did aotfaol disposed to dispute
witk'my judgee on so email * matter; and there-
Ibrei in forming my aecoant current for the
conaidwatioa of the accounting officers. I ad-
rnih^J the* charge, although perfectly ignorant
of snv mtx^ra of my slops with any remnant of
the*, of my prtl'cenor. Thu* *er* ojoeed
gratuitously on my p**» •»? «*•*• T 1 ** Jj
ravemment might have on reefer thuir stops left
b, Mr. TirebarUe, if aoy there •*«*. In view
of this miserable remnant, however
oble, supposing it actually totaxfat, the Presi
dent, in hi* peculiar candor and Magnanimity,
designated the slope and store* nursed into the
Navy Mere at Charlestown, at the property of
tho Uoitod States, “mu stars* which weir
stowed away trader »be ship’s provi«ioaa t ,
UDoeetiag hi all«« more than three thousand
-tollers! some store* iu comperisoa with the
Tenuous quantity supposed to have
^'in'raletteft •• •*°l* sod public store*, it
' will betara th*l<l«» Praiidem rac>t*i“thaiver-
nnd approbation ol lira commander of the
Constitution, a thousand dollars were hot-
rowed of ll;o Dutch Consu 1 , to enable lira
ship to depart in credit from port Mutton.
All the vouchers taken for payments, Op
tra Timboi lake's hooks, and of his ont-
•tandipg debt*, made out of the afbrewid
Jl 1,483, were turned in with his books
and papers fur hit benefit, or rather the
Oeneflt of tils estate, for all which ha has
received full credit; while I, Who perform
ed this task, by order of iify superior,
without emolument or compensation, have
been denied the credit of a single dollar, in
the very face of the judgment ol tho lain
Court of Inquiry, ngd the records and files
nf the department.
With the sanction ofMr. Woodbury, I
had access a* well to my own accounts as
to th«o of the late puraer; and I present
ed, for the rensiderelien of the accounting
officers, an account current, covering the
whole sera which came into my hands,
every Hem of which it sepported by e le
gal vpucher, precisely •* if the account
bed been originally min*. Tim. two ac
counting officers did not deign to ask or
receive the aUckteot explanation, hot re
jected the whole M insupportable in any
particular. Upon their Iniqaitoou* report
the President acted, having, as I believe
euvnr swn one of ihe vouchers. Upon
•nch a report, ho charge* mo whh present,
inf an acconat current composed, in «
*’ grtot" degree, of items which hare eo-
tofioasly passed to ay credit, or are m
treaded aad frivolous. A more barafacet.
scandal was rarer penned, alike unmerited
by tne, and uaworthy of the Chief Magis
trate of the United Stale*.
Below will ho foood my account sritb.
tbo Goverexeost io reitUmoot of its new
claims upon mo, (C)rad I shall raw wait
t
out fear’or 'favor; and I am hot without
resolution to right myself.
In eondlasion, I may now remind the
sceountingr officers of the Treasury, and
tho Solicitor of the Treasury, that under
the monition of the President, they ere re
quired to "prebtnt in futurt that tetal nt-
glect and Hitregard of the right* of decerns-
td officer* and their famiticr” and, to «f-
ford thgm *j key to their duty in this case,
it is liberal and generous to inform them,
that, on a strict scrutiny, it will bo found,
that John 11. Eaton has positively receiv
ed' M'ihe public funds through the bauds
of the lamented-John B. Timberlake, not
leu then $7,000, the proof of all which
Was dearly shown hi the course of the ses
sion df the late Court of Inquiry in my
care. If there be not honesty mid firm
ness enough in the officers of the Treasury
Department, to investigate the state of
this concern, I will take it upoq myself to
bring it to an issue.
R. B. RANDOLPH.
Late of V. 8. Navy.
(A)
Thx Presiilent of (he United States has
carefully examined the proceedings of tile
Court nf Inquiry charge with the investi
gation of (he conduct of Lieutenant Rob
ert B. Randolph in connection with his
account ait acting Purser of the frigate
Consf!fut(6n.""'_
It sppentx by the evidence -of Commo
dore pHttefsoo, .Commander of tho shin, '
that upon the death ef Purser John B.
Timberlaltei at Port Mabon, on the 2d day
of April, 1828, Lieut. Randolph was ap
pointed acting Purser; and that verbal
orders were given, directing An inventory
to lie taken according >o law, of nil the
money and stores public and private, loft
by the • sifld Timberlake, which were
about tn pnrt into tho possession of the
acting Purser; and that it was reported this
duty hud been performed, with iho excep
tion of some. stores which were if owed
away under .lira ship* provisions, she being
nearly ready to sail for the United States.
It appears, by the sumo testimony, that
when the ship arrived near the Light
.Hqnse, nt Boston, Commodore Patterson
enquired of Lieut. Randolph, whether the,
invetnorias oHthn money and property left,
by Mr. Timbcrliike, ht>d been sent to the
Fourth Auditor of Iho Treasury, and wns
answered In tlratiflirniuiive.
Noverthe less, it appears by thexvidence
of thoso who Were* directed lo lake lira
inventories, that although the money was
counted, no inventories of tho stores were
token: and by the records and files of the
Fourth Aoditois office, it also appears,
that wo neennut, either of the money nr
stores, whs furnished to that office by
Lieutenant Randolph', or any other per
son.
It further nppesi s, that in the settlement
of his neeottnts at thn office of thie Fourth
Auditor, Liritr, Randolph neither charged
himanif willl any portion of tho money or
storm left by Mr. Timberlake, nor gave
any intimation that .any hud eotne into his
possession** • • --
-11 furnrerLfiJicOrs. that aflCr Lieut. Ran
dolph 'had cpniplutod lira payment of the
ship’s company on Iter artivul in the Uni
ted Stains, he had left, of the |rah1ic motley
put into his hands for that pur;mse t upwards
of $20,000, of Which, upon the settlement
of his accounts, he returned into the Treas
ury, a little more than $10,000, applying
lira rest to his own use, and iIihI he refuted
lo Mate, in his defence before tho court of
enquiry, in u hat manner this surplus of
funds had Hccrucd.
It funhey appears, tliar in the year 1829,
having arriveil in the Lulled States in Ju
ly, 1828, anil his accounts having been
settled in October, in that year, Lieut.
Randolph paid to Thus. Nurmun $COO of
Ihe funds remaining in his handsson account
of Purser* Tiuiberlttke, proving that he
was not ignorant of the (Set, that all those
funds had ' not been accounted for in hit
previous tel (lenient with the Govern
ment. „
h further appears, that the accounting
officer* of the Treasury were ignorant of
the roonejr and stores-left bv Mr. Timber-
take, until un unaccountable default, ex
hibited in the settlement of his accounts,
led to inquiry iuto the means by which it
had been produced; and when'in the course
of that inquiry.it wss nscertainod that mo
ney and stores left by him had come into
Licnt. Randolph’s possession, the latter,
wltoo called on, refused to state the
sihuunt or raodcr any account of them,
although bo acknowledged that he had a
memorandum of the amount of the money,
indulging i* passion and threats unbecom
ing an officer of tho navy, and not to be
expected front a man of conactom imag
ing to the United States or to Mr. Tim-
barlaka,—with hia* refusal to give infor
mation in relation to Ihe money and prop
erly left by Mr. Timberlake,' as he was
bound to do, as Purser of the Navy, hy
lay,-—and the manifestation of excitement
and the violent language ured by him
when called upon fur explanations.
And finally, instead of coming forward
and corroding the errors in his account
which hare been developed by the coart
of inquiry, and returning into the Treasury
the $4,203 11: which that court after lib
erally admitting every claim advanced by
him with a show |of evidence; Had id be
(till in hia hands, uoaccoented fer, he has
presented to the accounting officers of the
Treasury an account current, composed in
n great degree of items which have noto
riously passed to his credit, or are unfami-
and frivolous, showing a balance of ahnpt
$600 in his own-favor against the United
Slates, thereby evincing a determination
not to refund any portion of the money
which he haa improperly applied to his
own use, if it be impossible to avoid it.
In the opinion of the President, the
facts which appear in this case, aud the
conduct of Lieut. Randolph throughout
the investigation, prove him to be unwor
thy the naval service of this republic, nnd
an unfit associate for those sons of chival
ry, integrity, and honor,‘who adorn our
navy. The Secretary of the Navy is
therefore directed lo dismiss Lieut. Rob
ert B. Randolph from the Naval service
of the United Stales.
And the President trusts that thn most
efficient means will be resorted to by the
Navy Department to prevent in future
that total neglect nnd disregard of lira
rights of deceased officers nnd their fam
ilies which form striking characteristics
in this case. *
(Signed) ANDREW JACKSON.
April 19 th 1833.
in.)
Navy DufARTMF.NT, j
January 24th, 1833. )
Sm—The Court of Enquiry in rela
tion to your conduct, having closed its
sessions and made a report lo this depart
ment on the questions submitted, 1 seize
an early opportunity to apprize you of this
fact, and of the completion by the l’resi-
dlwt of an examination of that report.
The whole proceedings are en file for
your inspection nt uny convenient time,
and a copy may be taken, if desired.
Among other things the court find, that
“ Lieutenant Raudolpli lias received
public properly with which he has not
charged himself, and fur which he has
never accounted to the government, as
fallows, viz:
Cush left by Mr. Timborlake, $11,483 OO
slops left hy Mr. T. which cost 178 75
l l;66i 75
They furtlrar find that you paid from
the same sundry sums, amounting in all, to
7,358 64
Leaving still to be accounted for 4,303 11
After so long a delay since the receipt
of the above muney, jt is hoped your im
mediate attention will be given to the ad
justment of it with the proper accounting
officers of the Treasury.
Respectfully yours,
LEVI WOODBURY.
Lt. R. B. Randolph,
Alexandria, D. C. ctircof Mr. Cummincs.
(C.)
The United State* in account with Lieut.
Jt. It. Randolph, late Acting Purser
of the United States Frigate Consti-
tutieu, Daniel T. Patterson, Esquire
Commander. 1
1828. Dr.
March 31. To this amount paid
officers, as per list rendered $3,431 75
To this amouut paid discharged
men as per roll
“OffiU’s bill
“Ration money lo boys, wai
ters aud coolu,
“Private hill* of Md. Mowor
“Biltl ofG. T. Ladia
“Nprman’s claim
“Commission on $11,433
“Arrears to John Teinanders
“Hospital on account of Md. Mow
er, by order of Surgeon 10 00
“My per diem, for attendance
on tho orders of the Secreta
ry of tho Navy, as per bill
rendered i t42 2 00
t“l month 18 days pay, and ra
tions to 18 April, 4833 119 00
$13,181 93
3,241 69
2,259 50
1,226 56
9S 84
160 57
600 00
202 07
320 00
I cart.f'y, Thai fritave examined *ntf
adjusted tbs account of Robert "B. Ru
dolph, Acting Pamor«f frigate Conatltu-
tion, and find' that it is doaed at appears
from the statement nnd vouchers here
with transmitted for the decisiou of the
Second Comptroller of the Treatary
•hereon. T. WATKI NS, Auditor.
To the Second Comptroller of the
Treasury.
Second CoMrrnoLLcn’s Optics.
I admit and certify the above ballaoce,
this 6th:day df January, 1829.
RICHARD CUTTS,
Second Comptroller.
TntAaonr Dbpartmsnt, I
Fourth A editor’s Office, May 25,1832. t
Pennant to “an act to provide far the
prompt Mtt lament of public accounts,”,
approved 3d March, 1817,1, Amos Ken
dall, Fourth Auditor of the Treasury of
the United States, do hereby certily, that
the foregoing it a true transcript from the
original report on file in this office.
AMOS KENDALL.
Be it remembered, that Amos Kendall,
Esq. who certified the aforegoing trait*'
cript, is now and was at that time of doing
so Fourth Auditor of the Treasury of
the United States, and that faith and
credit are due to his official attestations.
In testimony whereof; I Louis McLane,
Secretary of the Treasury of the United
States, have hereunto subscribed my
name, and caused to be affixed the seal of
this department, at the City of Washing
ton, this twenty fifth day of May, in Ihe
year of our Lord one thousand eight hun
dred and tbiity-two.
LOUIS McLANE,
Secretary ef the Treasury.
(E.)
Alexandria, Dec. 23, 1830.
Sir: Twelve months have elapsed
since the subject ol my accounts, and the
various controversies growing out of them
have been brought to an issue between
the Fourth Auditor and myself. Serious
charges implicating my personal integrity
nnd official character, have been promul
gated to the world upon lira authority of
tho Auditor. You wfil readily concur
with me in opinion, that it is desirable that
this matter shall be terminated; and my
own sense of a hat « due to myself, im-
peritivelvj enjoins atpon me the duty of
asking for some proceedings which may
either fix upon nre the imputed guilt, or
honorably relieve me from this state of
painful suspense. I am ignorant whether
I stand charged upon the books of tho de
partment with any moneys which remain
to be accounted for; if 1 am, I pray that
I may be apprised of them, as well a* nf
any description of charge wltirb stands
against me.
Peculiar circumftances in my situation
make me solicitous upon this subject, and
will, I trust, afford me an ample apology
for the present application lo you.
1 have tjie honor to be,
with unfeigned respect,' ,
your obedient set vaol,
R. B. RANDOLPH.
Hon. John Branch,
(F)
Nave DwARtMUNt, I
Dec.' 27,1330. )
Sir: Your letter of tho 23rd iost. has
been duly received.
In reply, you we informed that a Court
of Enquiry shall, afreeably to your re
quest, be.otdered, at as early a day as the
public interest wilt permit, and of which
you will be duly informed.
I am, very respectfully, See. Ac.
JOHN BRANCH.
Lieut. Rodert B. Randolph,
of the United States Navy,
(G.)
Navv Department, I
May 4th, 18&2. )
Sir: A Court of Enquiry in your case
has been ordered, and will be held at the
Navy Yard, Chnrlestown, Massachusetts,
on Monday, the 4th day of Juno next.
This will give to you lira longest lime
for preparation practicable, before Ihe
Supposed sailing of the United States fri
gate from New York, in which vessel
somo of the witnesses are now under or
ders to ihe Mediterranean.
As other witnesses reside io Boston,
whose attendance elsewhere would be
highly inconvenient, and as you have de
clined waiving tho persona! attendance of
any witnesses, tho court has been ordered
to sit in fhat neighbourhood.
It will bo composed of the following
named officers, viz: Commodoro'Morris as
President; Muster Commandunc Thomas
H. Stevens, nnd Joseph Smith, members;
and Henry M. Morfit, Esq. Judge Advo
cate.
1 am, respectfully, Sir,
your obedient servant,
’ LEVI WOODBURY.
Lieut. Robert B. Randolph,
U. S. Navy, Alexandria, D. C.
attenuabsd,—and hi* complexion
Almost bo deacribed a* radavenam*
jrw Cfamaal for Jim ^
ecutioo, are federal Albert C. Gree
Attorney Genera the Hon-J. D. Pear
of Newport, aud William R. Staples, L.
of Providence. Those, retained for t
prisoner, are Richard K. Randolph - E
of Newport the Hon. Jeremiah Maaoo,
Boston; J. Turner, Esq. Heury Y. Crans
too, Esq. both of Newport; *od~-Blake
Esq. of Bristol. .
Attorney Generali If h please the
court, I move that the trial ef the prisoner
proceed; or if this be now Hnpryct!cable,
things *0 Clearly ea-
fcpslra.testimony, the President
eawiot ranrare-Dfrao much of the finding
W the Cffirff e* declares. “It doe* ant
appear ifai Lirat. Randolph mid any
thing with an iatentire to awlend or de
ceit* the commandwg officer, la relation
to taktag of inventoriea ef article* left by
Mr. Timberkka, or of Urn disposition
aaado ol them;" nor era bo approvt of
Urn opinion expressed by dm Court, “that
the before aadplioaed neglect nf Liretan-
oat Randolph, bad the irrageiaritse* in Me
of performing the derive «*f Vting
1828. Cn.
April 3. By cash left by the
late Puraer, John H.
Timberlake, $11,483 00
By small store* anigned to Nor-
men GOO 00
”Slop* charged by the opiuion
of the court, and by me ad
mitted, without any knowl
edge of the fact*
Balance due R. B. R.
178 00
$12,261 00
920 98
$43,181 98
(D.)
[dura.]
No. 7428—7312—
TREASOBT DtFAeTMEN*,
Fourth An liter** Office, Oct 27, (
1828.
that a lime be assigned for it. . .
Chief Justice: As for'** woa*$:con
cerned there t* no objection.: apd if there
is nbuo on the pari Of the;prisoner, the
Clerk cao proceed imroediatctljrte, call the
Jury.
Mr. Randolph, (for tha priionar.) I
feel somewhat embarrassed at tbd difficul
ty which I anticipate will be found ip tho
formation of a jury for the trial of thie case,'
end therefore submit it to t|w court,
whether, in this particular instance, it
would not be proper to form n pannel at
large: and irom parti of the county distant
from each other, to obviate, if possible,
the difficulties 0 hi ch may arise.
Chief Justice—It may be expedient to
enlarge the present paunel, but we cutfgivo
no order as. to forming it from particular
town* or places, for this must be leit-to the
discretion of the Sheriff.
A venire wa* accordingly issued for tho
addition ol forty-eight jotoi* to thepresent
pannel Of fifteer;'knd «f this aggregate the
prisoner will be entitled to twenty peremp
tory challenge*.
Prior to adjournment, Mr. Randolph
oddremea Ihe Court upon thn subject of n
restriction which he considered4t import.-,
ant to the justice and impartial pro^ rMt 0 f
his trial, should be imposed upon reports
of ita testimony to Ut« public press,
until the verdict had been given—
It wxa doubtless proper that |be whale
case should ultimately, come fully and
fairly before Ihe Public, and new and
ample accommodations had been .pro
vided foi gentlemen connects# with the
press, for this purpose. He understood
that four gentlemen were prescul, two Irom
New Yerk, and two bom Boston;.for the
purpose of reporting the evidence as it pro-
ccedal; but, ns he feared thi* would ope
rate most injuriously he trusted the Court
would restrict such u premature publica
tion es much us their authority allowed. j
The Court said, they could hut- issue
Such a restriction ns an order but the ac- •
commodatio’iTs Tbr the reporters having
been provided upon an express understand-,
ing with some of them, that they uledga
tliefnselves to Withhold tbo publication of
their mutates for the period so reasonably
and justly required, they trusted that all
of those 'geuilcmcD would readily jeoncur
in giving a similar Diedge. {
The reporters from New York expres
sed .their willingness to concur in lh* obli
gation, provided it were also required aud
obtaiued from all others, whether reaident
in the state or attending from n distance;
but that they considered this an indispensa
ble condition of theit acquiesenie.
The court said, the restriction Should
apply equally and without distinction
to the reporters residing in the stale, as to
others coming from a distance; end tiiat no
opportunity would be afforded to aou who
refused to give such a pledge. H
The reporters present having each as-
rented to these conditions, the court ad
journed until 9 o’clock to-morrow morning.
P. S. Only three jurors have ye; been
sworn; but the full |>aiiel has been obtained,
New York Conner.
DOMESTIC.
TRIAL OF THE REV. F.. K. AVEKV-
Niwroitr, R. 1., Monday, May 6.
The Supreme Judicial court of the
State of Rhode Island and Providence
Plantations, bofore hi* Hotter Chief Jus.
tice Samuel Eddy, Judges Charles Bray-
ton and Job Dufee, assembled this morning
at the hour of ten. -
The upper court room', heretofore gen
erally need for the business of this Court,
having been deemed both too small and
too insecure to accommodate with conven
ience aad aafety the unusually largo au
dience, which the intense and extensive
excitement prevailing upon this 'case is
calculated to assemble, the large lower
court-room wee fitted op lor the occasion
instead; and although it was generally be
lieved, from the anticipated difficulty of
forming a jury, that the trial could not com
mence to-tfay, the court waa filled with
penonsanxious lo witnem lie preliminary
Shortly after the Judges end ceearel bad
takra their Mate, the prAouer wa* brought
in; he howed to each, and sal at the coum
sel table-noth perfect self possession, which
was net however characterised bv era
unbecoming confidence of demeanm. bet
appeared rather the resell of grdat mental
firsraees. In porat of health, ho aerate
io have seffered severely since his arraign
ment m March lasf; hr, fere* fa'greatly
From the Mufissippi Gazette.
Frankju.—In our last paper, we, ad ver
ted to the fact of .its having been ascer
tained, that the “ Franked Library,”
detected at Meysville was the properly of
Senulor Black, of Mississippi. The fol
lowing is the statement of the Uoo. (Sena
tor in “ relalim to the matter.” * •
“ Mr. Mill*."—I see in your parier of
the 24th ult. an article taken from the Cin
cinnati! Commercial Advertiser in which it
is stated some books, about thirty-five vol
umes, hy the weight of which the iqail is
said to have been stopped at Maysviile,
Ky;, wore mine... A charge.is directly
made against me, .of having used illegally
the franking privilege; I therefore de/m it
proper to make a statement in relation to
the matter. It is true I purchased at (auc
tion books of that description in Washing
ton; when 1 left the city rot knowing fahat
to do with them they weft, left in ray rbom.
After njy departure the servant, I am in-
formed'took them to the Secretary of the
Senate, os it it common 10 do; the Secreta
ry I presume thought I wished them, for
warded. Whether these bouks are mine
or not 1 am entirely ignorant 1 franked
none of them nor could I have done to
without falsely marking thorn “ Public
Documents.” JOHN BLACK,
We are really puzzled te discover any
redeeming qualification in his statement, of
th* flagrant snd palpable violation of thd
franking privilege, which it cannot ba de
nted has been committed, for tha especial
accommodation of the Hon, Senator, bv
Mr. Secretary Lowry, of the Senate -~
The public, will, no doubt, ba somewhat j
gratified at seeing Mr. Secretary* version (
in u relation to the matter.” > . I
I am a character welt known inEagfoad I
and there are few, either high $Flqw,!riclI 1
or poor, that are not acquainted^!, „ra;
i shun cure* and towns, nnd take up my
abode towardt the extremity Ufa village-
1 am a stranger to virtue and iunocencel
te respectable sectary lam aeveradteUted,
bat w n gang gypsies * n d beggars, I am
a principal character, and without m »
-raggllng would do noihiqjtl uavre ap-
ar in day time bat hreht asiddlssf night,
alwaysjia |
Itte thnopiairaef tk^^d fiSSUf;
that I abnnld be pot fey.*, ba, f „„
yCVrete what
“WO*® arawome
thief or pickpocket, bat te prove that I
» a crowd, aad
pear
and ISM in theeveui
guise; I am feed __
aad in cheating, steal