The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-03-27

the Secretary Of the Treasury 10 you dated tho sth
inst. and icierred BY you 10 this Office.
transmitted copy Of il 10 the sttornev oil me
Uniied States for the southern district Of New York. and
have received srepy. dated 2sh inst .! which send
copy herewith
On receiving the further report to which Mr.. Price
refers, il shall he communicated 10 you.
Very respectfully, yours, &c.
ii. d. GII.PIN. Solicitor Of the Treasury.
To j. N. Barker. Esq.
Comptroller Of the Treasury.
The letter thus enclosed by the Solicitor as follows
United States District Attorneys Office.
New YORK, April rs. 1888.
SiE i have the honor acknowledge the receipt OF
y,ur letter OF the l9h instant, enclosing copy Of
letter addressed by the Secretary Of the Treasury to
James ~ Barker, Esq, Comptroller and BY the latter
gentlemen communicated to your office, calling for
statement u suits now pending in this district against
Samuel Swsrt~oni Esq, late collector Of the port Of
New York. TO recover duties levied by him, which are
alleged to have been wrongfuy exsced together wiih
the amount Of money in each case, aud the probable ter
minsiion Of them
BY reference 10 my register 6nd that there 1t
present but two suits pending nde6dfd One brought
by Robert Dedercks, to the value OF package
oil goods sent 10 the public store for examination, aud
there lost mislad In this the damages laid
at $4,000, though the recovery will not probably ex-
coed half that SUN. The plaintiff will certainly prevail.
10 the other suit, Lee. Savage d Co plaintiffs,
who claim TO $l5S 80, being excess OF du-
ties charged at % per cent. dd paiorem. on case Of
silk gloves. which they contend free Of duty.
Al The term Of the United States circuit court CON-
mencing on the FIRST Monday Of the present month four
Judgments were recovered against Mr. Swartwout
three BY John Charters Alexander Charters and Sam
Del Nj Charters. and one by Aaron Thomson, John II.
Austen, and Ihomss Cochran in the aggregate amounts
ing to S5,56l 3d. yet unsalisfed being for an excess
OF duties charged certain linens which reported
by the as havin died col0rPd
were, the trials proved to have been known in
merce unbeached linens.
have in my possession rs protests served on the
late collector by various merchants in this city, against
the payment OF duties, giving him notice tina, they in
tend 10 commence suits 10 back the amount Of
duties thus paid. Not having sufficient data am
able TO ascertain the Of duties nvoldei in those
protests nor can anticipate with certainty what will
be the result OF suits that may be brought. Of which the
importers have given notice.
The protests which have referred present great
variety Of questions, all relating to Of duties
many claiming high return as 5O.Per cent, others
return of hut small per cenage and Others, again,
a reduction Of duties in various amounts. On
mnation Of the invoices and apprasements at the
tomhouse in reference to the questions presented by
the protests, the amount of each claim be readily
sscertained will apply to tho present collector for
such statement, and transmit II to you upon my receipt
thereof twill however, require several days pre-
pare such document
By the protests appears that there geo packages
Of linens, blankets, silk. hosiery, worsted and other ari
Giles. on which return Of duty is claimed.
As the questions involved many Of the protests have
been adudcaed, Gas, for instance the worsed. linens,
ard silks) the importers will of pursue their
claims without much delay ! am, &c.
WIN. M. PRICE, U. S. District Attorney,
To Henry d. Gilpn, Esq
Solicitor Of the Treasury, Washington.
The next proceeding Of The Comptroller was to ad.
dress Mr.. Swartwout the following letter:
Treasury Department.
Comproller's Office April 26, 1885,
Sir: You are respectfully requested to render your
accounts of the to the First Auditor as early
period may be practicable
Very respectfully your obedient servant,
J. N. BARKER, Comptroller.
Samuel Swartwout, Esq
Late Collector, New York.
With The last letter ended all correspondence between
the Comptroller and the other departments of the Trea
sury, as also between him and Mr.. Swartwout, on the
subject OF either the 20l 900 retained by him, the
settlement OF his accounts generally The and his
accounts seem, in fact, to have been lost sight Of by
the Comptroller from that period for four succeeding
months, and until he received the following letter from
the First Auditor:
Treasury Department,
First Auditors Office, August 81, 1888.
Sir: deem it proper to report to you that the ac-
counts Of the customs for the district Of New York, for
the first quarter Of the present year. have been
ceived at this office. | wrote to Samuel Swartwout,
ESQ., late collector for that district on the 18th instant
requesting him 10 forward said accounts soon
practicable. Since then have received no commune
cation from him on the subject
Very respectfully, your ohedent servant,
J. MILLER, First Auditor
James N. Barker, Esq.
Comptroller Of the Treasury
This admonition, in the Of three days, reused
the animation Of the Comptrollers department TO notify
Mr.. Swartwout's suretes as follows:
Treasury Department,
First Comptrollers Office, Sept. 3, 1885,
Sir: In compliance with regulation of the Secretary
OF the Treasury, have 10 notify YOU Of the sure
ties Of Samuel Swarwout, late collector at New York,
that he has rendered his accounts Of the for
the quarter ending 3ls March last. 1851.
Respectfully,
J. N. BARKER, Comptroller
Benjamin Brdsall, Esq, and City Of New York.
M. M Quackenbos, Esq,
But again the Department fell into dead slumber
relative to Mr. Swarwouts accounts, from which
not awakened until in the early part OF November over
seven months after Mr. Swartwout had retired from
Office and four months after the return day Of Mr.
Swartw outs last quarters account had expired without
having been returned and months after his sureties
had been notified Of his neglect and settle his
accounts.
From April until the 3lst Of August period Of four
months, Mr.. Swarwont, though known to be holding
large amount OF public money, and no longer officer Of
Government, not disturbed by even call from the
Comptroller to settle, explain his neglect to settle his
accounts.
Yet, on the adjustment Of this collectors accounts in
the mean tme viz: June 81, 1885, for the quarter pre-
cedng his last quarter the Comptroller knew the balance
oil bonds, cash. and unsettled accounts against the col
lector niue mi,ons six hundred thousand dollars,
and upwards .
On the Is, Of July the Comptroller knew, should
have Known but for extraordinary inaiention and
gect Of duty, that the time for rendering and settling
Mr. Swartwout's accounts had expired and that by the
act Of March s. 1885, il had become his express duty
TO cause Swsrwous be stated and TO issue
warrant against him and his sureties.
But no steps were taken by him to even obtain any