The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-02-02


stating my view Of the il rested upon the ey.
dence This letter, with from Mr. Van Hook. Of
August 20, 1885, with comments by him upon the tes-
tmony, (xAlll dated August l. is stated TO have been
forwarded TO the collector, whose reply, (XXIV) da-
ted September 49, 1885, appears TO have been received
by the Department the 2st Of September enclosing
an affidavit Of John Arnold, (G,) taken without notice
to the complainant and in the handwriting OF George
Wood, Esq, Of New York. counsel for the collector,
sworn TO at Perth Amboy, September 49, before Joseph
Marsh, intended TO rebut observation in Mr.. Van
Hooks letter OF the lst August (XXIII) This letter
OF the collector, of September 49, (XXIVJ appears by
memorandum upon it, signed Rodman' to have been
received tho 2lst of September, and direction is
thereon, in pencil, as follows:
u. r., make out abstract Of the charges, and
evidence and explanations, for and against them, and
mark and file all for the Presdent-W'
"A paper marked 80 and 40 by the Department
(AAD appears to have been made out, entitled Alb
slract OF charges and testimony in the case Of j. w
heckless, collector OF the district Of Perth Amboy,
The documents submitted with the abstract, and re.
Tered to therein appear to have been as follows, viz
William Van Hooks letter and the letter Of James
Parker enclosing it, Il and I'D referred to as paper A."
I. The abstract Of the charges and testimony submit
ted to the President is defective and erroneous In
the statement OF the first charge makes reference
whatever 70 any testimony taken in its support the
part OF the complainant The evidence of +. w.
Brlney, Benjamin Maurice, and James Parker as TO
this charge, was contained IN the testimony taken a,
Perth Amboy. marked G, and XIV; aud with the ex.
hib No. |, attached thereto, completely falsfed the
pretence set up by j. W. Reckless in his statement,
V for not credtng the tonnage duty received for the
schooner Pacific. The abstract referring to evidence
IN support Of this charge the President decided that
was dsprosed whereas, if tho testimony mad been
stated it would have been found to be fully sustained
and proved
AS to the second CHARGE the assertion of J. W.
Reckless, IN his letter Of January 81 1885, w. that
NJ IL a, l. IL.
counts is expressly conradcted by that Witness the
testimony taken at Perth Amboy, &C XIV The wit
ness expressly that he told Reckless that it
was incorrect and particularly he that he
informed Mr. Reckless that the usage Of the Of
hce to charge the incidental expenses, and them
by the receipts OF the boaimen Of the boat it
done, until the making up Of the accounts
for the fourth quarter of 1888, which made up
the month Of January, 1894 that he does not know
that the boatmen always received the sum specified IN
Their accounts, until the fourth quarter Of 1888 and
that during the time Mr. Parker collector, the boat
men always received the specified in their receipts
THE President, on this charge, decided that Mr.
Bnnley acknowledges on oath, that the manner Of
Reckesss accounts were made agreeably to the usage
Of the Office before he came to it.
CAS- TO the third charge, no testimony taken by
Mr. Van Hook and the affidavit of John Arnold, on
behalf OF the collector, Co WAS pare, contrary to
the instruction of the Secretary, and the affidavit pre-
pared by counsel in New York, aud afterwards sworn
TO at Perth Amboy. *.
Immediately after this decision upon the case, on
the cath Of Sept 1885, letter appears to have been
written by the Secretary OF the Treasury the Comp
trolier (XXVIlI,) directing him to call upon J. w.
Reckless make settlement for expenses referred to,
which the Comptroller (Mr Anderson) refers to tho
Register Of the Treasury. The answer Of the Regis
ter not furnishing the requisite Information, the Comp
troer Joseph Anderson, appears, on the I'd OF Oco-
ber 1885 to have written to J. w. Reckless, (XHIX,)
h,fl,En n of th.
expenses included in the boatmens accounts which
not by law, allowable &c. &c,
"The letter of J w. Reckless dated Perth Amboy,
Nov. 1885, (XXX,) encoses an account of items COW
cred by boatmens receipts and the certificate OF L.
L, Smith, Register of the Treasury, (XXXI,) shows
that the sum OF three hundred and seventysix dollars
and forty cents thus covered by those receipts has
been placed the debt Of the collector, l7th Deem
ber 1885, amount improperly charged by the col
lector as disbursements to boatmen; 1882 Sc of the
same having been allowed in his account OF emolu-
mcnts"
Such is the evidence of Mr. Parker Mr. Van Hook
testified as follows
Treasury Department, April l5 1885
"SlR have to acquaint you, in reply to your let
ter of the 18th instant, that the collector Of Perth Am
boy as well yourself, requested to give notice
when about take testimony the case and will
be received and considered unless taken in the presence
Of both parties.
81 am, very respectfully your obedcnt servant,
"LEvI WOODBURY.,
" Secretary of the Treasury.
."Wm. Van Hook, Esq. Ne,o York"
"Tcsfimony of William Van Hook
"Question by Mr. Wise to Mr.. Van Hook Will
YOU please all you know respecting certain char
ges preferred against Joseph w Reckless, collector at
Perth Amboy, and the action of the Treasury Depart
ment thereon
=" Answer by Mr. Van Hook Some time previous to
the month Of January, 1885, became acquainted with
the fact that Joseph w Reckless the collector of Perth
Amboy, New Jersey, had defrauded the Government
And on the I'd Of the same month, addressed to the
Secretary of the Treasury the letter No herewith
presented and which beg may be received part OF
this nv answer and which contains the charges in de-
tail On the 26th or eth Of the same month OF Janu-
a received from the Secretary the letter dated 23d
January mo ~ covering the answer OF Mr.. Reckless
NO 81 to the charges. My answer TO the Secretary
mo o. denies the truth Of the offered by Mr.
Reckless and offering prove tho truth OF the char
ces The Secretary, in No ID, directs me to take ev-
ldence Of the truth Of the charges, on notice TO Mr.
Reckless; and accordingly proceeded to take the de-
position first having given him notice OF the time and
place Of taking it at which time Mr. Reckless attend
ed by his counsel, G. d Wall, ESQ.,, then district at
torney Of the United States for the district of New
Jersey appeared and crossexamined such witnesses as
he pleased This testimony contained IN the paper
marked No l5 and is the deposition OF r. w. Brin.
lev. Hon James Parker, and Benjamin Maurice, and
the certificate Of the mayor OF Per.h Amboy, and to
which beg leave particularly to call the attention OF
the committee
mo 81 is letter from the Secretary to me, stating
that no evidence will be laid before the President
which have not had the opportunity OF being present
the taking of; and No "a is the deposition OF John
Arnold taken pdrte the 18th OF September only
FIVE DAYS before the date of tho letter to commun
eating the Presidents decision This deposition IS re-
fcrred TO in the abstract Of the laid before the Pre-
sident Of the taking of which had no knowledge, and
which could / verify believe at that time have dis
proved, had / had any notice OF 1t.
must now call the particular attention OF the
m,ee TO the abstract laid before the President No 25
This abstract entirely omits all mention Of any evil
denco bearing the first charge, snd the President
decides it not proved whereas, there not only
full and complete evidence of the charge, but full proof
that the excuse Of Mr. Reckless was false Aud again,
in referring 10 that abstract it will he seen that the