The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-05-25
From hs ~ Y. Times,
MR. swARTwoUT's sURETiEs.

Inc remarks 10 the Evening Sisr Of FRIDAY last.
which we copy below. bear directly on the case are
very explicit, aud worthy Of Great wrong
mas been done Mf ssaftwouts surees. and il cannot
supPossu ,"as sne summary proceedings Of the GO
yernmeni viii be sustained BY the people in this case
Il Is matter also OF great uncertainty whether under
the circumstances the surclies are al an liable GER
tany they not for the money abstrscted during the
three years that the bonds lay in the Custom House
unexeculed.
| "Sirariuoui's Case aud the Couperneur Suu We
perceive that the United States Marshal has again sd.
versed the property Of Swswouls sureties for sale on
the rst Of june but presume with no more chance
OF success for purchasers than the first experiment. as
no one would be willing TO enter into extensive aud
costly law suits 10 defend purchase made even at
reasonable price. This arises, and will arise from
the defects Of our laws which give 10 the government
rights aud privileges which czen can enjoy. II
bond or note Is protested for non-payment, or .
tract violated, In which defence set up the is
gwen TO Jury, IL should be in oil Of indebled-
| ness-but where the United States Is plsiatif when
The public money has been abducted. or supposed TO
have been abducted, levy is forthwith made the
property Of sureties, and the property offered for sale
before u is asceIaned whether the officer defauler
70 The amount charged. giving those surees an OPP
poruay Of testing by jury Of their country the right
OF the Government 10 levy and sell their property by
execution.
"The trial Of Gouverneur developed some extraordi-
nary transactions Of the Government. proving ncontes
tby that nothing should be recovered from citizens by
the General Government OF doubtful character unless
| under the decision OF court and Jury Il is well
known and nndisputed fact, that Swsrtwout's bond,
prepared Tor hve signatures and which only received
three, lay for some years unexcuted in the Custom
House thereby clearly exonerating the sureles from
the liability during the time the bond lay thus unexe
cuted.
IL has been asked by many persons Why does
| not the Government give Mr. Swartwout four or Eve
years 70 settle his business. sell his property and pay
his debt J. The answer probably IL that the Govern
ment has no power to give time compromise but It
is clearly evident that Congress should give general
power the Secretary Of the Treasury to setlle and
liquidate such claims by granting time, compromising
&c. &c, precisely is done IN transactions between
citizen and citizen and that all disputed claims shall be
| settled by decision Of jury. The defalcations Of
Swartwout are of peculiar character. He dipped
deeply in every speculation aaoa-stocks, mines real
| estate, Texas lands, &c &c. He always buyer
and never seller; consequently, on discovering the
amount oil dcfacaons, 1t was also ascertaned that the
money abducted went to paw for these specuations
under The misguided impression that the money could
be refunded IN time, leaving heavy surplus profit
The nature and extent Of the property purchased by
Swsrtwout tenders II necessary for him to have to
effect sales and make settlements. His Texas lands,
for example, not acres but whole leagues OF TERRITORY,
must in few years, be than sufficient his
entire Indebtedness leaving his mines and real estates
/ as surplus. In four years. look ing at the gigantic
strides Of Texas, there scarcely an Of land that
will not bring from one TO FIVE dollars. As il s the in
Of the people to from these Sub Treasu
oil the money they have used for private purposes
the same mode OF settlement must be adopted
practised among in business and il the Govern
ment has not the necessary powers Congress must in
vest the heads Of department with proper discretion in
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