New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-06-19

HINT M some ,estm by In support Of a cause pending
in Court in Which, according b his own statement no
does not eaI to hays done anysnns' anu Sy ,so
10 New.York; and on q subsequent occasi,n ~oen 10
was ~ bed iy the DisrietAttorney 70 perform @ml-
lar DUTY In relation TO another cause ne oeeoe' on 'no
groaDd that he was TOO busiIy engaged ID ne
os "a sseauuhip line; a matter wholly disconnecleu
with the Custom iiouse. In addition W this evoenoo
that Mr. George w. Baker was not engaged III ho ois
claiee Of the duties of bis Office, and maj toeso ga
saeer pr.exts 70 cover " ,s ,eai%onv
of James G.. Ysndyke. the District ,ttorney Ina. t'e
appointment Of Mr.. Baker wss made more .ni LITE
mont prior to the necessity ~ ms ~rslces ~ suu
cs,,s and other important ct is that 60 far from ana
inc tie District Attorney asd the Collector OF The Port
in the protection Of the revenue be- whie holding ,I
Office in the CustomIloufe acd while IN the monthly
reeei,t OF his pay from the United States appeared PC
fore the Unied States authorities to defspd persons
charged viii violation of the revenue laws as ap-
pears from The certified record from the docket OF the
United States Commissioners, as printed with the test
imony. "
This brief review of the facts, which appear more
fully in the testimony, imposes apon yonr committee
the duty of calling the attention OF the House 10 tne
law on this subject, Yonr committee are OF the opin-
ion that all The laws enacted for the safety oil the pup
lie m0reys should be strictly regarded; and can hard
y be expected ta the class Of esser offenders against
law and public justte be checked in the perpetra-
ton of crime If those in high places, and having the
confidence of lbe heads of the departments, are per-
y
| lawa, ny which they should DO controlled Nor can
| you check the frequent occurrence OF supendous
frauds and deiacatons If excuses are 10 be allowed
and liberation given TO thoee who detected IN the
commencement Of their career Of petty pering upon
the public treasury.
page 696 provides that counts for services OF any
clerk or other person employed in any duties ~ rela-
ton TO the collection Of the shall be allowed
until such clerk person shall have certified on oath
| or affirmation that the same services have been
performed Section 10 of the same act provides that
/ every Collector hapdk Officer, and SurUeyor shall,
| together with his accounts of the expenses Incl.
dent TO his ofce render list of the clerks employed
by him, stating the rate Of compensation allowed to
| each, and the duties winch they seyeIally perform
In pusriuaBee these sections OF the law, u. W. Ba-
ker at stated monthly periods from The 3On OF Novem
ber ss to the Both September 1859 aud at quarterly
periods from the 30h of September 1859, 10 the 3lst
March 1850 presented the Collector II the Port an
account in ich he claims from the Government pay
uent the rate Of 81 200 per annu these accounts
being thirteen in number, aud each accompanied WIN
an cath thai be, the sad q. W. Baker, has performed
bis services as stated in sad account 10 w.t. his SER
vices as clerk, &c., III the Philadelphia Cusom-iouse
1hete vouchers, 50 presented are III pursuance oil tne
,egulaors Of the Department, regularly transmitted
~ the Collector Of the Port 10 the Commissioner OF
Customs accompanied with the statement required by
! Tie 18th section Of the act OF May, lSsl.
Now assuming as is clearly shown by the testimony,
Dat G. w. Baker did not discharge the duties OF the
| Office TO which be was appointed and that the Col
ecor OF the Port was eognzant OF that fact they are
both guilty Of high crimes under acts of Congress. The
fst lie act of March 3 1885, fourth statutes mt large
! page llS which provides that If any person, In
any case matter Bearing, or other proceeding, where
an oaM affirmation shall be required to be taken or
Administered, under or by any Ian or lars Of tie
United States, shall upon the taking OF such oath or
affirmation Affirm ialsely every such person
80 offending, shall be deemed guilty of perjury and
shal yetion thereof be punished by fine not ex
ceedpg S20CO and by imprisonment at bard labor not
exceeding five years. according to the aggravaon If
I 4 la 0ft. q An0 lt4
knowingly and wilfuly procure any such perjury
" to be committed, every such person so offending
" ahall be deemed guilty of subornation OF perjury
" and shal on conviction thereof be punished by fine,
not exceeding 81 900, and by imprisonment not ex
ceedIg five years, according to the aggravation OF
" the oteDse."
Yonr Committee submit that each of the oaths taken
by George w. Baker in conformity TO the act of May,
ls22 constitutes the crime Of perjury his part, and
thar on each occasion upon which the Collector 4 the
Port with the knowledge that his brother not in
the perfo of the duties of ns Office, as required
by The Treasury regulations of 1857, No. 512 accepts
such OATH pays the salary thereon and transmits such
oath to he Treasury Department as voucher In sup
rort Of bis account with the United States procures
IN contemplation % law, sncb oath TO he made and is
guilty Of subonalion Of perjury Nor is 1t reasonably
possible that Collector eau go asray upon this sub
jet, for the regulations of tue Treasury Department,
mace for the guidance of collections &C., very
explicit.
In article COS of such regulations, the Secretary
of the Treasury in 1857, in speaking of the act of
May, 1872, says:
ali any employee be paid during period Of sickness leave of
9'ehee waiting ier employment or mere duty OF the
NE ne otih OF 70 oe ug us. .,e me la. sna Pc
c,T such oath De cOnays the violation Of the
Iced upon him in nasns it, Il win be lis duty prosecute the
offender he TO the knowledge Of the fact
Ii has been hela by the Circuit Court OF the United
Stat s, in the United States Baboock, Mcleans
Rep il3, that the act of the Sd March, 1895 above
quoted applies 10 oaths made in behalf of claims against
any Of the departments Of The United States Govern
ment; ard also, 10 oabs taken in pursuance of regu
laon or in conformity with the usage Of the Treasury
Department If such affidavit would be admissible evil
dence at the Departn ent in support of claim agans
the United States. Sec United States Bailey, 0
Peters, 90.
The secopd statute to which your Committee call al
teption having in this transaction been violated by
the Collector and his brother G. w Baker, is the int
Be- ton Of tie act Of Sd March, 1873. Statutes at
Large, III This statute provides:
That any person or persons shall falsely make
prooue TO be ia,oy made wiluy aid assist in felely
o rf,fing the prposo obtaining RECEIVING
T 81 or Of the oss or agents. aSy a op sums
Of neLey OF shall utter or publish true or cause TO be uttered
der Certificate receipt ohe, riings or shall transmit TO
psen It, procure to be transmitted presented at
sny ofs Of q Goyeron-Dt United any
deed power Of attorney ofde certificate receipt other er
ing support relation any claim sceout With In
dersud United States knowing to be false
every such person shall be adudged TO be guilty Of felony
To constitute the false character of the cert fcase,
receipt, or UrHHg l.Ie spoken of il is not necessary
thar the paper should re in itself forged paper. The
evident intention Of the law is to protect the Trea, ury
frsn use even OF genuine paper con aiming asser
ton Of that which fake. This is held by the SUI
preme Court Of the United States in the case Of the
United States vs.. Stats, . Howard, p 49,
Your Con mtee therefore submit that the assertion
contained in the vouchers OF G. w. Baker that he |
had performed the s,rvces for which be claimed 500
per month being fase, be is guilty under ils act Of
ntering and publishing, and OF presenting officer
.f g.A