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

The Treasurer so much thereof as should reaan after
repayng TO the merchants the amount OF their legal
claims against him
/ Answer. was aware that Mr. swsItwout might be
liable refund money TO merchants, for duties paid on
proest had not, st that time, any Of forming
an opinion 10 his intention ability 10 pay over 10
the Treasurer much OF the 20i 900 referred 10, az
should remain after epaying TO the merchants the amount
Of their legal claims upon MIN.
Az the time the correspondence took place between
the Department and Mr. Swartwout, his accounts not
being finally adjusted. had no means OF knowing OF
forming an opinion TO the sum which might eventu-
| lly be due from hun TO the Government.
/ The manner in which the fact stated in the above
testimony came to the knowledge Of the Comptroller,
in April, appears from The following correspondence
/ Treasury Department, April 10, 1881
! Sir You will perceive, by the enclosed copy Of a
letter addressed the Department by Samuel Swart-
won't ESQ., late collector Of the district Of New York,
under date of the 18th instant that be has in his hands
balance Of public money amounting to SOL ,O96 40,
which he holds unit. his accounts shall have been sd-
lusted
will thank you therefore, TO take all proper steps to
have his accounts adjusted and settled early Pc
Rod as may be practicable aud have the balance not
in dispute, or TO what is in dispute, ascer-
LEVI WOODBURY.,
| Secretary Of the Treasury.
James N. Barker Esq,
Comptroller Of the Treasury
| The letter from Mr. Swartwout TO Mr.. Woodbury.
enclosed ia the above letter. is as follows
Custom house. New York,
April Is, 1888
| Sir: Herewith you will receive the returns Of money
received and paid this Office for the last three days
Of my official term.
BY il you will observe there is balance due the
United States OF s20l .096 40. This sum | hold in
deposite in bank my order, subject to the settlement
Of my account and the decision Of sundry suits at law
L La.
ed. Gas is slleged,) aud which pending in the
courts.
| On the adjustment Of my accounts, the amount due
to the Government will be Immediately paid
| have the honor, &c.
| Hon. Levi Woodbury.,
| Secretary Of the Treasury
The steps taken by Mr. Barker, the receipt Of the
preceding letters, appear from the following letter:
Treasury Department,
Comptroer's Office, April II. 1888.
Sir: have the honor to enclose copy Of letter
received this day from the honorable Secretary Of the
Treasury requesting early settlement Of the accounts
| Of the late collector at New York.
| With great respect, your obedient servant,
j. N. BARKER, Comptroller
Hon Jesse Miller.
First Auditor OF the Treasury.
To Mr.. Swartwout the Comptroller wrote as follows
Treasury Department,
Comptrollers Office, April IL, 1888.
Sir: In order to q compliance, the part of the
Treasury with request contained IN your letter OF the
18th instant for early settlement Of your accounts
you will please transmit to the First Auditor your
up the date Of the transfer Of your books to
your successor.
The accounts Of the third quarter in progress Of
revision in this Office and those Of the fourth quarter
1897, in hand IN the office Of the Auditor,
Very respectfully, your obedient servant,
j. BARKER Comptroller.
Samuel Swsrtwout, Esq,
Late collector, New York,
Another letter was received by the Comptroller, as
follows: .
Treasury Department, April IS, 1888.
Sir: Accompanying my letter of yesterday, urging
early adjustment Of the accounts Of Samuel Swart.
won't, Esq, late collector Of New York, transmitted
a copy Of letter from him, stating his for
tanning in his hands tic large balance Of public moneys
| mentioned One reason he declared to be, with the
view to await the decision of sundry suits at law
brought agans: me thim to recover duties wrongfuly
exaced is alleged, and which pending in the
courts"
To expedite matters in this case will thank you to
call upon the Solicitor Of the Treasury, obtain from
the district attorney liz New York list Of the suits
pending against Mr. Swartwout, as late collector,
together with the amount of money involved in each,
| aud the probable termination Of them. | am, &C.
l.. WOODBURY., Secretary Of the Treasury,
| James N. Barker, Esq,
"ComptroHer Of the treasury.
On the same day the Comptroller forwarded the las,
preceding letter to the Solicitor, endorsed as follows
Respectfully referred the Solicitor OF the Treasury
who will be pleased, after addressing the attorney on
the subject. to return this, and advise this Office Of the
| result Of the inquiry. j. N. BARKER.
Comptroler's Office, April IT,
On the 23d Of April, the Comptroller written tho
following additional letter by the Secretary
Treasury Department, April %. 1885,
Sir: herewith refer to you letter, and enclosures.
Just received from Samuel Sssrtwout, ESQ late col
lec,or Of the district Of New York and should be pleased
to have report upon the subject which alludes,
you hear from the United States district at.
| torney.
would suggest that as the collector is refundng
duties imposed certain articles OF merchandise,
which were paid under protest Of the parties at the
time, II consequently becomes proper that Mr. Swart
won't should furnish MIR. Hoyt with money. out Of the
funds in his hands, TO meet payments this class
Of cases, aud should be instructed
am, very respectfully. your obedient servant,
LEVI WOODBURY., Secretary of.he Treasury.
Comptroller, Washington.
The letter thus enclosed by the Secretary from Mr..
| Swartw out follows:
| New York, April 81, 1888
SIR have the honor TO state, in reply to your letter
Of The 10th inst, that, although the balance in my
hands appears to be very large, will be than
sufficient for the settlement of the outstanding claims
upon me. | enclose letter received yesterday from
the district attorney, showing my individual liability for
the judgments obtained against me. received notice
from Mr.. Lord yesterday that he would issue execution
against my furniture, unless paid the amount Of the
several judg ments forthwith paid OF course The
next court will pass upon twice as large amount
| The notices Of protest served upon for duties
paid and passed 10 the credit Of the Treasury are es
| mated at between 100000 and $500 900, and the
circuit decided that the collector being alone liza
hto 0YKhfn 49, .,s,1a ia Il
addition TO these immense liabilities, the settlement Of
damages when the parties have paid full duties on
damaged goods, which cannot be adjusted by the pre-
sent collector must take large sum- and cannot all be
hrnnnhf in fhrce Iha [ hnnc