25th Congress, 3(i Session. Doc. No. 13. Ho. OP Rki'S. Executive. SAMUEL SWARTWOUT. MESSAGE • Fnox TUK PRESIDENT OF THE UNITED STATES, In relation to the recently -discovered DefatUt of Samuel SwartwouCy late Collector of the Customs for the port of New York. December 10, 1S3S. Motion to refer so much thereof as relates to the defalcation of Mr. Swartwout to a select committee ; So much thereof as relates to the adoption of legal provisions for increasing the public security against similar defalcations to the Committee of Ways and Means. Postponed until to-morrow. To the Senate and House of Representatives of the United States : I herewith transmit a special report made to me by the Secretary o the Treasury^for your consideration, in relation to the recently-discovered default of Samuel Swartwout, late collector of the customs at the port of New York. I would respectfully invite the early attention of Congress to the adop- tion of the legal provisions therein suggested, or such other measures as may ap})ear more expedient, for increasing the public security against similar defalcations hereafter. M. VAN BUREN. Washington, December 8, 1838. • Treasury Department, December 6, 1838. Sir : I consider it the duty of this Department to present for your con- sideration a special report upon the recently-discovered default of Samuel Swartwout, who had been collector of the customs at the port of New- York. The first object will be to exhibit all the important facts connected with the case, so far as they have been ascertained, and then to explain the means for detecting such defaults which are provided by the present laws ; and, before closing, I shall take the liberty respectfully to offer Thomas Allen, prmx'. 2 ' Doc. No. 13. some suggestions concerning the new legislation which seems to be re- quired for the public security against similar defcilcations. 1st. Mr. Swartvvout was originally appointed collector on the 25th of April, 1829, during the recess of Congress. On the 29th day of March, 1830, he was reappoined for four years, by a nomination to the Senate, which was confirmed. x\bout the time his term expired, in 1834, he was appointed again for a like term, which ended on the 29th of March, 183S; and he was not re- nominated, and has not since been in office. Whilst Mr. Swartwout remained collector, suspicions do not seem to have been excited at the Department that he was guilty of any default, unless it may be that the balance of money in his hands, when he was renominated to the Senate in 1834, appeared to be too large, and caused some inquiry in relation to the subject. At that time, not having been myself connected with this Department, and the present accounting officers of the customs also, viz : the First Comptroller and the First Auditor, not having been in office, I am unable to state with accuracy what then occiuTed, or what examinations were then made ; but it is represented that Mr. Swartwout and one of his clerks came to this city on that occasion, and submitted explanations to a committee of the Senate, which obviated any objections to his reappoint- ment. During his continuance in office, the statements of his accoun-ts, in a condensed form, were made weekly to this Department, with punctuality, and usually exhibited a balance in his hands, ranging from a mere nom- inal sum or nothing to one hundred thousand dollars. The balance varied according to the season of the year, and the circumstances, which might require large drawbacks to be paid, quarterly settlements to be closed with his siibordinates, or a great amount of duties received under protest to be refunded. These claims have always been considered as constituting an adequate reason for retaining on hand a sufficient amount to discharge them promptly. The amount so required at the port of New York is generally very heavy ; being, on an average, each quarter, over a third of a million of dollars. The last return made before he left ofiice exhib- ited one hundred and twenty-two thousand nine hu:idred and seventy- seA^en dollars on hand, which was near thirty thousand dollars less than the amount of his official bond. The return sent after his going out of ofiice, which included only the last three days of his term, showed two hundred and one thousand and ninety-six dollars of money in his possession. (See copies of those two returns annexed, the preceding ones being similar in form, Nos. 1 and 2.) When these returns were received at the Department, it was supposed that the period of his service having expired, he would have but a small balance of custom-house expenses to defray, no more debentures to pay, and no great amount of duties to refund ; and he was forthwith requested by me to deposite to the credit of the Treasurer at least half of the sum represented to be on hand. In reply, he claimed that certain custom-house expenses remained to be discharged, and that suits had been instituted against him for return duties, which, with numerous protests that had been filed against pay- ments, would be sufficient in amount, united with those expenses, to cover the whole balance. He therefore insisted, as a right, on being allowed to retain money sufficient to satisfy those liabiiitiea until the Doc. No. 13. 3 questions in controversy received a judicial decision; and he professed (o regard tiiat balance as not too large for the purpose. Copies of the correspondence which took place on the subject between him and the Department are annexed. (Nos. 3 to 5.) A further inquiry into the case was, however, immediately insthuted by me, through the First Comptroller and the Solicitor of the Treasury. It terminated in an impression that the facts and the law, as to suits and protests, might justify a short delay in the adjustment. (See copies of letters Nos. 6 to S, and Peters's Reports, Elliott vs. Swartwout.) But the Comptroller was, notwithstanding, directed to bring I\Ir. Swart- wout's accounts to an early settlement, and to have a prompt payment made of whatever amount should appear to be not in doubt or contro- versy. (See No. 9.) Subsequent disclosures made- to the Department, in November, excited suspicions not only as to that balance, but a much larger indebtedness ; and measures were thereupon taken to have tiie whole subject thoroughly investigated by the law-officer of the Department and the Comptroller, calling to their aid, in the absence of Mr. Swartwout abroad, and under his neglect to offer vouchers for a final settlement, all the lights and as- sistance which could be obtained, not only here but at New York, and from the books and papers of the coUectors's office, as v/ell as from those persons who had been associated with him in it, and from his successor. (See copies of my letters to the Solicitor of the Treasury, Nos. 10 and 11.) The circumstances which led to most of those disclosures transpired in the course of preparing the first quarterly accounts of that successor for settlement; and the Department was first indebted for them, in a great measure,' to his care and vigilance. After full investigation, the particulars of Mr. Sv.^artwout's def^ilcation were ascertained, and a report of the state of his accounts was made by the Comptroller to the Solicitor of the Treasury, and proper legal proceedings instituted to tfoUect the balance appearing to be due. The amount of it as computed on the best data obtainable, was §1,374,119. The legal pro- ceedhigs were commenced against the principal on the account, and against both the principal and sureties on the last bond, the parties to which are also parties to the former one. For the portion of the outstand- ing defalcation which accrued during tiie period embraced by the first bond, but which is comparatively small, another suit vv^iil be brought as soon as the proper accounts can be adjusted. Each bond is for Sl50,000. The sum of S30,000 in money has been paid by his agent since the dis- covery of the default, and large amounts of property have been taken by the marshal, and likewise mortgaged, as collateral security. How much this balance Avill be reduced by vouchers hereafter presented and allowed, and how far any final indebtedness may be considered secure, it is now difficult, and indeed impossible, to compute with any great degree of ac- curacy. So far, however, as the facts could be ascertained by the Solicitor and the accounting officers, it is feared that the whole amount of the defalca- tion will not prove to have been less than a million and a quarter of dol- lars. The security uf different kinds which has been obtained is estimated very highly by ^ir. Swartv/out and some others, so as to be considered by them, with his additional estate in other countries, an ample indemnity against any eventual loss by the Government. But they cannot be re- garded by the Department, with the limited information possessed at this '4 Doc. No. 13. time concerning their situation, as equal in value to more than half the claim of the United States. But even this is a mere estimate. The first mis- use of the public money by Mr. Swartwout, as collector, appears to have commenced in 1830. A series of defalcations, in various items of his ac- counts, seem to have followed, and continued through each successive year, increasing constantly in amount, till near the close oif his officiakerm. They consisted in withholding a part of the tonnage duties, and a portion of the forfeitures and fines ; in not accounting for all the bonds collected, nor all the moneys on hand, held either for office expenses, return duties, or in advance of th,e adjustment of imascertained duties ; and in procuring from the Treasury, under the act of 1834, and similar ones, larger sums for the balance of office salaries than the facts warranted. These results, so unexpected and painful, have been reached by the So- )icitor and accounting officers, only after the most careful examination that -^^as practicable, in the absence of Mr. Swartwout, and after full commu- nication from several of his former clerks, most intimately acquainted with the official course of his business and the real condition of his ac- counts, and one of whom is understood to be his attorney. Further particulars are forborne to be detailed, as they are imbodied in the reports of the Solicitor of the Treasury and the Comptroller, which were made in the course of their recent examination, and are annexed, numbered from 1 2 to 1 5. It is true that this inquiry has, from necessity, been in some degree ex parte in its character, and that some of the results are liable to be disproved or explained away hereafter. This Department would be highly gratified if Mr. Swartwout should, in the end, be abic to show that the money for which he is accountable does not exceed the y§201,096 40 reported by him in the last official ab- stract of his account as the true balance. (See No. 2.) It would, also, be much pleased if it should happen, as promised in his letter of the 13th of April last, (No. 3,) that ^-on the adjustment of my [his] accounts, the amount due to the Government will be immediately paid.'' But it is an unpleasant duty to add,that the examination into his supposed defalcations was not instituted on slight grounds, nor legal proceed- ings commenced for so large an amount till sufficient facts were devel- oped to produce a clear conviction with the accounting officers that the default was of the aggravated character already described. 2d. I V7ould next submit a few remarks on the modes that exist, under Ihe present laws, for detecting defaults of collecting officers, in order that you may judge whether they are sufficient, or require additional legisla- tion. The first one is merely by a regulation which requires the weekly returns before alluded to, and which was voluntarily introduced by the Department nearly forty years ago. This regulation provides that a sum- mary statement of accounts shall be transmitted each week from the large ports, and, by subsequent modifications, each month from the smaller ones. It is made to the head of the Department, and should exhibit a true abstract of the condition of the receipts and payments by the collec- tor during the preceding week. Originally, it is presumed that this return was required more for correct information, and to enable the Depart- ment to draw at times for the money on hand, than as a check on pec- ulation ; but if the statements in it do not agree with each other, or do not, on their face, exhibit facts that appear probable, or do not balance then suspicion is excited, and a defalcation, if one exist, can, by further Doc. No. 13. 5 and full examination, be detected. So, if the sum retained on band ap- pears too large for meeting the engagements of the office, a draft can be issued for the amount, or an order given for its deposite, as has frequ(;ntly been done. If either is not complied with, nor sufficient reasons assigned for delay, the default may then be discovered. But if none of these cir- cumstances happen, suspicion is not excited through those weekly state- ments. It will be seen, however, that, generally, it is not possible for a default to occur without its appearing on them, unless they are made in- correct through deliberate fraud and falsehood. In the case of Mr. Swartwout, none of these statements since 1830, when his delincjuencies are supposed to have commenced, are known to have disclosed any fact tending to excite suspicion of his misconduct; and if money was collected or expended in amounts differing from the face of the abstracts, (as is now believed to have been the case,) it must have been concealed by a series of false returns during the whole period of seven or eight years. Some of those returns, under Secretaries Ingham and McLane, may have been destroyed by the conflagration of the Treasury building in 1833 ; but none of them now found, whether made under them or Secretaries Duanc^ Taney, or myself, appear to evince any thing calculated to cause distrust of his integrity. The other mode now in use for detecting defaults in collecting officers, (and which is the only one provided by Congress, except the revising power, in some respects, and at some ports, by the naval officer,) iiereafter to be considered, is, through the quarterly settlements that are required to be made by collectors with the accountijig officers of the Treasury, Those officers are the First Auditor and the First Comptroller. These settlements are devolved on them alone by Congress, without requiring the vouchers and accounts to be submitted to the head of the Depart- ment, or any other officer, either for revision, approbation, or rejection. In that branch of their official business which relates to the adjustment of accounts, y(^u are aware that it has been long since settled that the Secretary of the Treasury, or even the President, docs not possess any legal authority to aid in making the adjustment, or to overrule their decisions. The acts of Congress on this subject first provide, that if a collector neglects to present his accounts and vouchers for settlement quarterly, the balance against him, so far as it can be ascertained, shall be reported by the Comptroller to the law-agent, or the Solicitor of the Treasury, for suit ; and the neglect be also reported to the President, in order that he may remove the incumbent, if still in office. It is also directed, that if a balance exists on a settlement, and is not paid, the Comptroller shall cause a suit to be instituted for its recovery. Whenever a default of the latter kind occurs, it is therefore considered not only the duty of the Comp- troller to proceed with the suit, but it is expected, though omitted to be required in the acts of Congress, that he will apprize the head of the De- partment or the President of tlie delinquency which has occurred, in order that the case of such collector, if still in office, may be examined by the President, and a decision made upon the propriety of continuing him longer in oflice. It is understood tnat the Comptroller has always exercised some dis- cretion in respect to bringing actions for balances on hand, by not forth- with instituting suits if the balances be small, or the reasons for retaining 6 Doc. No. 13. them for a time appear to be satisfactory. But if those balauces be large, and sufficient reasons are not offered to justify delay ; or if the collector's term of office has expired, the Comptroller should deem it a duty to pro- ceed at once, under the law, to enforce the collection of the money due. Several reasons exist why the accounting officers, for the time being, did not discover the defalcation in this case, or report it sooner to the law-officer and to the head of the Department or the President. Most of them are detailed in the two annexed reports on that subject from the present First Auditor and First Comptroller, in reply to inquiries made by this Department. (Nos. 16 and 17.) In some of the reasons assigned there is great weight. The customs collected at New York equal nearly two-thirds of the whole amount in all the United States. Difficulties doubtless exist in detecting defaults under the present laws, at ports where the busmess is so large, the accounts are so complicated, and the necessary delays in settlement so great. The difficulties in making an earlier discovery in this case would seem to have been increased by the custom, which it is understood has long existed in the Auditor's office, not to make detailed examinations of the bond accounts at large ports, unless it may be when doubts arose in rela- tion to their correctness. . The bonds on hand at one time, at New York alone, exceeded 10,000 in number. The delay of three months, which is allowed by law to col- lectors in preparing for settlements, and the false returns which appear to have been resorted to by the collector of New York, in his weekly re- ports, with a view to prevent suspicion and detection at an early day through those returns, augmented still further the obstacles to a prompt detection. The death of one of the clerks in the Auditor's office, who has hr.i the immediate charge of settling the accounts for that port, and the recent change in the head of the bureau, as well as the death of the Comptroller wha was in office during most of the period of the default, render it im- practicable to ascertain with accuracy all the circumstances and reasons why suspicion was not there sooner excited ; but those already enumer- ated are supposed to have been the principal ones. It seems apparent, however, from the official reports before referred to, (Nos. 12 to 15,) that many of the defalcations in this case happened under such circumstances, and were so concealed, as to render it difficult, if not impossible, to detect them sooner by the accounting officers, under the existing laws ;,and it is supposed that they could not all have been eventually discovered and exposed, except by the aid of those persons in the custom-house at New York who were aware of the deceptions practised. In respect to the remaining legal check on the collector, and through which his defaults may at times be detected, it consists of a naval officer, authorized at a few ports, and required by law to examine and certify to the various expenditures made, as well as the assessment of the duties collected. But it appears that the naval officer at New York, if able to perform the task, has not for a long period, or at leas! during the seventeen years that have elapsed since a circular issued by the Comptroller in 1821, con- sidered it his duty to certify to the expenditures and accounts generally, but only to certain portions of them, and to the correct assessment of the duties. Doc. No. 13. 7 That circular, imfortiinately, tended to remove a check on the collector, in some particulars very essential, and has been repealed by the present Comptroller. It must also be apparent that the real auditor of the custom-house should be attached to the naval office rather than to that of the collector, as he is now a nominee of the latter, and subject to be neither appointed nor removed by the Department or the President. Thus situated, his statements and acts are liable to correspond with the collector's wishes, and can by fraud almost invariably conceal defaults so as not to be detected by the accounting officers, or even the naval officer. Some of the new instructions given by this Department to the account- ing officers Avhen the default was suspected, and of the various steps which were required to be taken to prevent, as far as possible, similar occurrencies hereafter, may be seen in the copies of letters annexed, (Nos. 18, 19, and 20.) I do not flatter myself, however, that these instructions, even if able to be strictly enforced by the accounting officers, will prove successful in wholly preventing the occurrence of defaults ; but it is hoped that they will tend to an earlier detection of some of them, should any hereafter happen. 3d. A few new provisions made by Congress would add much to their efficacy. Thus, if a further clerical force were authorized by law to be placed in the First Auditor's office, more seasonable and thorough exami- nation of the bond accounts would be practicable, and would, to all ap- pearance, prove beneficial in discovering defalcations. The same result would apparently happen, also, if the naval officer at such a port as New York were enabled, under the increased labor it would devolve on him, to employ such additional clerks as may be necessary to perform the duties required by law in examining critically, and certifying concerning all the payments at that large port, as well as the assessment of duties. So would it l^ppen in the First Comptroller's office, if the necessary force were given by Congress to investigate carefully the balances on settlement, whenever large ; and when those balances are, on such an investigation, not satisfactorily explained, if they should be required by law not only to be immediately reported for suit to the Solicitor, but the suspicious cir- cumstances, and even the amounts considered due, be, in all cases, com- municated to the President, or the head of the Department. But by none of these steps would the public, in my opinion, be suffi- ciently secured, without still other legislation of a general character, most of which has been explained in the last three reports from this Depart- ment on the finances. The provision in the act of 12th of October, 1837, allowing the collector, instead of the district attorney, to extend the pay- ment of bonds falhng due, removed one important check which before existed, in requiring the former to deliver forthwith all unpaid bonds to the latter for collection. On this, as well as other accounts, some new and some rigorous provisions by Congress became still more indispensable, and have been earnestly recommended. But, before considering them in detail, it may be proper to observe that, in point of fact, only a small part of Mr. Swart wont's defaults probably originated subsequent to the sus- pension of specie payments in May, 1837; and that after the suspension, when drafts and Treasury notes constituted the principal receipts at New York, till he left office, Mr. Swartwout was still required to make de- 8 Doc. No. 13. posites in bank of a great part of any surplus which he ever collected in money. He was not one of the officers permitted to retain money on which it was customary for the Treasurer to place frequent drafts in favor of public creditors; though, since Mr. Swartwout's term expired, and since specie payments have been resumed by the banks, large sums have been collected there in money, and it has been customary, and has been found convenient, to place such drafts very often on his successor. The first new general enactment, not already enumerated, Avhich might, under existing circumstances, be found useful, is the entire separation of all disbursements from the collections at a port of such extensive busi- ness as New York. The attention of Congress was invited to such a measure by this De- partment in September, 1837, in the following words: "At points like New York, and a few others, where a likelihood existed that the sums would permanently be large, but which, under a reduced revenue and expenditure, would seldom occur, authority might be given to appoint the clerks, now acting as cashiers or tellers under the collectors and re- ceivers, or other more suitable persons, to act as keepers and paymasters of the public money. But they should be made independent of the col- lectors and receivers, and placed under the like tenure of office and under suitable bonds." As some further check on the accounts of the collectors, it might be prudent to require, by law the certificate of the naval officer to the correctness of such weekly return, and to the possession of the bal- ance in money, after a careful inspection of the whole subject. The pro- vision requiring all balances not immediately adjusted to be reported forthwith to heads of Departments or the President, in order that real de- faulters may be ascertained and seasonably removed, has been before alluded to, and would be likely, in all classes of officers, whether collecting or disbursing, to increase the public safety. Such reports are now required of the Second Comptroller in respect to certain accounts of war and navy officers, but should be also of both Comptrollers, and as to all kinds of balances and officers. The heads of the Departments could then, by comparison with the weekly returns, and other inquiries, sonie- times discover delinquencies, which now might escape detection, in the accounting officers. The entire separation of the duties of comptroiling the settlement of accounts from those of superintending the customs, and making one of the Comptrollers a commissioner of the customs, would be likely, as suggested to Congress as long ago as 1835, to render more effec- tive both of these important branches of business. Another useful check on defalcations would be the requisition of cash in payment of all duties. The largest item of deficiency in the case under consideration grew out of the bond accounts ; and future defaults could be much better guarded against if the laws required only cash duties. But, after all such enact- ments to ensure checks, and a closer and wider supervision, this Depart- ment is satisfied that the most efiectual remedies must be those operating directly on offenders themselves. Tlie severest penalties against false re- turns, and against the loan or embezzlement of the public money by col- lectors, as well as all classes of officers, and the strictest prohibitions against its use in any way for private purposes, with the occasional and rigorous examination of their funds and vouchers by agents or by committees of Congress, in a manner similar to what was recommended by this Depart- msnt at the special session in 1837, would, without doubt, have the most Doc. No. 13. 9 salutary effect on the security of the Government. By the influence of these measures in preventing wrong, they would also, in the end, often prove acts of kindness, rather than hardship, to the officers themselves and their unfortunate sureties. Such transactions as that which it has been my disagreeable task on this occasion to report for your consideration, being flagrant breaches of morality, as well as great civil injuries, cannot, in my opinion, be too strongly branded by penal legislation. This could bring no reproach on any of those upriglit, scrupulous, and faithful citizens who fill stations -of public trust. It will prove fortunate, also, for the security of the Treas- lU'y, if public opinion should, in relation to such delinquencies, hereafter indicate a much higher tone of morals and a stronger sense of official fidelity and honor than have, unhappily, to some extent heretofore pre- vailed. I regret, sir, that the facts could not be correctly explained in this case without the use of some language which may appear harsh, but which the circumstances and a due discharge of duty seemed im- peratively to require. Respectfully, LEVI WOODBURY, Secretary of the Treasury. To the President of the United States. P. S. — Two copies of recent letters from Mr. Swartwort to some of his friends in New York, in relation to this subject, protesting against the sup- posed amount of his default, and insisting on his ability to meet any de- ficiency, are submitted for the President's perusal, but are not made a part of this report, as some of the matters contained in them seem to be of a private character. Since this report was prepared, I understand that the office of district attorney for the southern district of New York has become vacated, under circumstances which create a suspicion of some connexion between the recent incumbent and Mr. Swartwout in the default above men- tioned. I have requested the Solicitor of the Treasury to take all suit- able steps to examine thoroughly the state of the accounts of the late attorney, and, if any thing should appear to be due, to procure security therefor as far as practicable. As soon as any important results on this subject are ascertained with accuracy, I will communicate them for your consideration. L. W. 10 Doc, No. 13. CO O o CO O o O l-H o CO o CO CO B CO a CD CO O O o ^2 A CI .3 ^fi o o o II CO 3 CO CO CO l-H CO o • 1 c« o o 2 5 o o P'-'PP3co3G33 OvhOOOOOOOO o (-< 3 c § O ^2 2 ^ < Q W O CO O Oi CO O O »0 Ci CO l> CO iO CO CO^ Oi^ vo^ O)^ irT i-T of Tt" O CO 00 I— I cH B ■»-> o o <1 I> 00 CO 9Sl 9? CO o ^4 B m ■-a o o > ^ s s rv CO CO .3^ .2 3 3 X2 ^ CO Is 03 O 3 .Si x: CO ^ 3 o o > > o o O O) o (D OJ O > > O > -S > o a 3 o o s a O O CI o cj c; Q) (D C +J ♦J -t-J -t-J C C 3 0^ G D 3 =5 ^ o o o ^ o < Doc. No. 13. 1 lO »o (M O Oi CO Tt- CO CO CO CO O CO CO O to CO ^ CO CO o c o Ci O CO cr^i O C5 C:^ oT trT --^ ^ o Oh o w o o .5 ^ I CO O : 2 a? Eh o O O o ri O o o-^ o o «^ c o o o o s o g s a-G a s| o is 3 ^ co" oT o< oo o o CO :3 > o Pi o CO s *a t3 1 ; o o o .a CO O O rQ CO (V) O ^ c s *^ ^ ^ 2 2 ^ a a 2 g ^ i: a G G o 5 00^0 a a-= a 12 Doc. No. 13. No. 3. Custom-house, New York, ^pril 13, 1838. Sir: Herewith you will receive the return of moneys received and paid «.t this office, for the last three days of my official term. By it you will observe there is a balance due the United States of ^201,096 40. This sum 1 hold in deposite in bank to my order, subject to the settlement of my account, and the decision of sundry suits at law, brought against me to recover duties wrongfully exacted, as is alleged, and which are now pending in the courts On the adjustment of my accounts, the amount due to the Government, will be immediately paid. I have the honor, &c., SAML. SWARTWOUT, laie Collector. Hon. Levi Woodbury, Secretary of the Treasury. No. 4. Treasury Department, Jipril 16, 1838. Sir : I am in the receipt of your letter of the 13th instant, accompanied by a return of moneys received and paid at the custom-house for the last three days of your official term, exhibiting a balance due the Uiiited States, in your hands, of ^201,096 40. This sum, you state, is deposited in bank to your order, subject to the settlement of your accounts, and the decision of sundry suits at law brought against you to recover duties wrongfully exacted, as is alleged, and which are now pending in the courts. In reply, I have to remark, that the balance in your hands is so large, and the money so much needed by the Treasury, it is hoped that you will make an immediate deposite, to the credit of the Treasurer, of at least one half part of it, and take early steps for adjusting your accounts here, so as to see what portion of the residue should be paid over. I am, &c., LEVI WOODBURY, Secretary of Ihe Treasury, Samuel Swartwout, Esq., late Collector, ^^c, Neiv York. No. 5 a. New York, Jipril 21, 1838. Sir : I have the honor to state, in reply to your letter of the 16th in- stant, that, although the balance in my hands appears to be very large, it Avill not be more than sufficient for the settlement of the outstanding claims upon me. I enclose a letter received yesterday from the district attorney, Doc. No. 13. 13 showing my individual liability for the judgments obtained against me. I received notice from Mr. Lord yesterday that he would issue execution against my furniture, unless I paid the amount of the several judgments forthwith. I paid, of course. The next court will pass upon twice aS large an amount. The notices of protest served upon me for duties paid and passed to the credit of the Treasury, are estimated at between 200,000 and S300,000, and the circuit court decided that the collector, being alone liable, ought not to pay the duties into the Treasury. In addition to these inmiense liabili- ties, the settlement of damages, when the parties have paid full duties on damaged goods, which cannot be adjusted by the present collector, must take a large sum,* and cannot all be brought in under three months. I hope, therefore, that you will not consider the present balance in my hands at all unreaspnable. I am, &c. SAMUEL SWARTWOUT. Hon. Levi Woodbury, Secretary of the Treasury^ Washington. No. 5 b. U. S. District Attorney's Office, New York, */9pril 20, 1838. Sir : I enclose a copy of a letter this day received by me from Mr. Lord, on the subject of certain suits against you. The recoveries in those suits are for duties paid by the plaintiffs on certain importations of unbleached linens, which, at the present term of the circuit court, it was decided should have been admitted to entry free of duty. As you levied the du- ties under inslructions of the Treasury Department, the Government must, of course, save you harmless. A suit uivolving the same principle was tried at the last October term, and was the subject of a report by me to the honorable the Secretary of the Treasury, of the 22d of December, 1837. I would advise you to pay the amounts stated in Mr. Lord's letter, on proper receipts being presented to you by the attorney for the defendants. Should there be any delay, Mr. Lord will feel obliged to issue executions against your property, to satisfy the judgments, which will not only em- barrass you, but materially accumulate expense. If you will inform me of your determination, I will communicate it to Mr. Lord. I am, sir, &c. WM. M. PRICE, U. S. District Attorney. Samuel Swartwout, Esq. Thomson, Austen, & Co. ) Verdict - - - g 1,1 37 68 V. \ 06 Swartwout. \ Costs - - - 84 43 ^1,222 17 14 Doc. No. 13. ^1,400 09 06 87 71 ^1,487 8& ^1,299 06 06 ^ 74 36 1,373 48 ^1,403 64 06 74 36 * 1,478 06 - ^pril 12. Sir : Please to inform me when the recoveries above stated will proba- bly be paid, and whether it is requisite for me to issue execution. Your obedient servant, D. LORD, Jr. Mr. Price. No. 6. Treasury Department, *3pril 18, 1838. . Sir : Accompanying my letter of yesterday, urging an early adjustment of the accounts of Samuel Swartwout, Esq., late collector of New York, I transmitted a copy of a letter from him, stating his reasons for retaining in his hands the 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 against me [him] to recover duties wrongfully exacted, as is alleged, and which are now pending in the coarts." To expedite matters in this case, I will thank you to call upon the So- licitor of the Treasury, to obtain from the district attorney in New York a list of the suits now pending against Mr. Swartwout, as late collector, to- gether with the amount of money involved in each, and the probable ter- mination of them. I am, &c. L. WOODBURY, Secretary of tke Treasury, James N. Barker, Esq., Comptroller of the Th^casury. No. 7. Office of the Solicitor of the Treasury, .ipril21, 1838. Sir: I have had the honor to receive the letter of the Secretary of the Treasury to you, dated the ISth instant and referred by you to this office. I transmitted a copy of it to the attorney of the United States for the Charters irters ^ twout. 5 Swartwout Same V. • Same. Same V. Same. Verdict Costs Verdict Costs Verdict Costs Doc. No. 13. 15 southern district of New York, and have received a reply, dated 25th instant, of which I send a copy herewith. On receiving the farther report to which Mr. Price refers, it shall be communicated to you. Very respectfullv. yours, &c. H. D. GILPIN, Solicitor of the Treasury. To J. N. Barker, Esq., Comjitroller of the Trcastoy. No. 8. United States District Attorney's Office, New Vorky April 25, 1838. Sir : I have the honor to acknowledge the receipt of your letter of the 19th instant, enclosing a copy of a letter addressed by the Secretary of the Treasury to James N. Barker, Esq., Comptroller, and by the latter gentleman communicated to your office, calling for a statement of suits now pending in this district against Samuel Swartwout, Esq., late collect- or of the port of New York, to recover duties levied by him, which are alleged to have been wrongfully exacted, together ^' with the amount of money in each case, and the probable termination of them." By reference to my register, I find that there are at present but two ^\x\\.^ pending^ undecided. One brought by Robert Deidericks, to recover the value of a package of goods sent to the public store for examination, and there lost or mislaid. In this case the damages are laid at v^2,000, though the recovery will not probably exceed half that sum. The plaintiff will certahily prevail. In the othes^suit, Lee, Savage, & Co. are plaintiffs, v/ho claim to recover 80, being an excess of duties charged at 25 per cent, ad valorem, on a case of silk gloves, which they contend are free of duty. At the term of the United States circuit court, commencing on the first Monday of the present month, four judgments were recovered against Mr. Swartwout : three by John Charters, Alexander Charters, and Samuel M. Charters, and one by Aaron Tiiomson, John H. Austen, and Thomas Cochran ; in the aggregate amounting to '^5,561 63, yet misatisfied ; being for an excess of duties charged on certain linens, which were reported by the appraisers as having been died or colored, but were, on the trials, proved to have been known in commerce as unbleached linens. I have in my possession 115 protests served on the.late collector by vari- ous merchants in this city, against the payment of duties, giving him notice that they intend to commence suits, to recover back the amount of duties thus paid. Not having sufficient data, I am unable to ascertain the amount of duties involved in those protests ; nor can I anticipate with cer- tainty what will be the result of suits that may be brought, of which the importers have given jiotice. The protests to which I have referred present a great variety of ques- tions, all relating to excess of duties ; many claiming as high a return as 50 per cent. ; otliers a return of but small per centage ; and otb.ers, again, a reduction of duties in various amounts. On an examination of the in- 16 Doc. No. 13. voices and appraisements at the custom-house, in reference to the ques- tions presented by the protests, the amount of each claim can be readily ascertained. I will apply to the present collector for such statement, and transmit it to you upon my receipt thereof. It will, however, require several days to prepare such a document. By the protests it appears that there are 660 packages of linen;?, blankets, silk, hosiery, worsted, and other articles, on which a return of duty is claimed. As the questions involved in many of the protests have been adjudica- ted, (as, for instance, the worsted, linens, and silks,) the importers will of course pursue their claims without much delay. I am, &c. WM. M. PRICE, U. S. District Attorney. To Henry D. Gilpin, Esq., Solicitor of the Treasury,, Washington. No. 9. Treasury Department, April 16, 1838. Sir : You will perceive, by the enclosed copy of a letter addressed to the Department by Samuel Swartwout, Esq., late collector of the district of New York, under date of the 13th instant, that he has in his hands a balance of public money amounting to ^201,096 40, which he holds until his accounts shall have been adjusted. I will thank you, therefore, to take all proper steps to have his accounts adjusted and settled at as early a period as may be practicable, and to have the balance not in dispute, or to cover what is in dispute, soon as- certained and paid over. I am, &c. L. WOODBURY, Secretary of the Treasury. James N. Barker, Esq., Comptroller of the Treasury. No. 10. Treasury Department, November 5, 1S38. Sir : In addition to the facts and letter 1 submitted to you yesterday, bearing on the supposed defalcation of the former collector of New York, I enclose another letter and memorandum from tli^ present collector, re- ceived last evening. This strengthens the opinion before expressed, that you had better make a journey forthwith to New York, in order to ascer- tain on the spot, as far as possible, the extent of the default, and the best mode of securing the United States against loss. Doc. No. 13. IT If you should find that any mistake exists, and that he holds no more than is necessary to cover his liahilities for suits and protests on public account, it may not be necessary to do any thing except to make what he holds for that purpose secure, so that it may bo applied to no other pur- pose. This can be done by an agreement with the bank where it is de- posited, not to pay it over except to the Treasurer, or to others by hsM assent, for return duties, &c. But if there is a real defalcation, I wish the most prompt and prudent steps taken to secure the Government. For this object you could carry with you a transcript of his account as it now stands, a distress warraiit, and a copy of the bond. When you arrive, either the distress, or a suit on the account as well m the bond, could be resorted to, as the facts may appear to justify. You could take a proper clerk with you from the Auditor's or Comp- troiler's, with the proper papers in this case, in order to see when the default arose, how, and to what extent it has actually proceeded. Oa all the points I wish for a thorough investigation and report, as well as oa the regulation that can be adopted now, or the law that may be neces&ary hereafter, in like cases. If, in consulting with the proper accounting officers, you think it m&re useful to hav^e the Comptroller goto New York, this lettei" can be referred by you to him, and he proceed with all t!ie necessary papers, and with suitable instructions from you to the district attorney; or you might b>^Lb go, if found to be useful. Respectfully, vours, LEVI WOODBURY, Secretary of the Treasury. Henry D. Gilpix, Esq., Solicitor of the Trectsurij. 9 Copy of HoyCs memorandum. $13,682 75. Deferred bond account, - - - - Cash retained, - • - Cash retained, - Overdrawn emoluments, - - - . Retained forfeitures, . - . - Retained amount of warrants, - - - ^646,254 S8 201,096 48 80,769 53 60,291 42 39,823 12 39,240 05 Deposite account balance, - - - Tonnage balance, _ . . . Error account balance, - - . - 1,067,475 33 164,010 60 1,783 24 166 44 gl,233,435 £3 2 ' ,8 Doe. No. 13. No. 11. Treasury Department, November 15, 1838. Sir : 1 have received your two reports, in part concerning the default of Mr. Swartwout, t!ie former collector of New York. I trust that you will persevere in scrutiny, till all the facts are accurately ascertained and reported on ; and that you and the Comptroller will, in the end, present your views, as heretofore desired, on the new regulations or new laws which may be proper to check and prevent sucli defaults hereafter. Until Congress adopt a system of occasional and strict examinations by the naval officers, the district attorneys, or some other agents, into the con- dition of the collectors' accounts, bonds, money, &c., no adequate security against frauds and false returns appears to me to exist. Hence I recom- mended sucli a provision in 1S37. In the mean lime, as some additional check, I think the Comptroller might require an inspection of those matters, monthly, by the naval offi- cers at the large ports, so far as to enable him to certify whether the weekly reports made at those ports are probably correct. This would be some guard, thougli not an adequate or perfect one. In respect to the re- covery of what is due from the former collector, I would suggest that he had formerly stock in the canal company, and it is said a large amount of Texian scrip; he may also bring hoi^ie with him from abroad money or effects raised on that and other property, which, by watchfulness and promp- titude of the marshal on his fust arrival, may be secured. I throw out these hhits, as they relate to all which has occurred to me likely to aid the public in getting indemnity, beyond what has been said by yourself. On the one hand, too great caution cannot be used to see that' the default really exists to the extent of the indemnity claimed : nor, on the other, too great vigilance, firrmiess. and perseverance in procuring the indemnity for what is clearly ascertained to be due. Respectfullv, vonrs, LEVI WOODBURY, Secretary of the Treasury. Henry D. Gilpin, Esq., Solicitor of the Treasury, New York city. Eeports of Vie First Comptroller and Solicitor of the Treasury relative to the defalcation of Samuel Swartwout, late collector of customs at New York. ^ No. 12. New York, November 8, 1838. Sir : On the receipt of your letter to the Solicitor of the Treasury, of the 5th instant, we conferred together on the course most expedient to be taken in regard to the defalcation of Mr. Swartwout, the late collector at New York. Doc. No. 13. It appeared that the last settlement of his accounts at the Treasury was up the 31st December last, and that, altliough he was called upon by the Fh'st Auditor, and notice subsequently gi\^eu to his sureties by the Comp- troller, his accounts and vouchers from tliat time till the 28th of March, when his term of office expired, had never been furnished. The stated balance against him on the 31st December, 1837, was '^9,678,984 56; this, however was known to include all the uncollected bonds not due, bonds in suit, and various items to which he would be eiitided to a credit on a fiual adjustment. This made it necessary, as the accounts and vouch- ers were not furnished, that hnmediate stops should be taken to ascertain the sum really due as accurately as possible. With this object, we re- quested Mr. Underwood, who has been charged with the examination, in the office of the First Auditor, of the accounts of Mr. Swartwout, to proceed at once to New York, and from the documents at the custom- house obtain the necessary information, for stating the account at tho. Treasury, and ascertaining the true balance for which Mr. Swartwout is liable. He hao accordingly done so. We arrived here ourselves yesterday, and found tliat Mr. Underwood had been industriously engaged in the necessary examinations. The re- sult has been, so far, to ascertain that the defalcation exceeds S 1,200,000. He will continue his labors until he has every fact nc^cessary for making a true account, when he will proceed at once to Washington, and have it duly stated and passed by the accounting otficers ; which is a necessary ■step, preliminary to further proceedings. We expect Mr. Underwood will leave here this afternoon. We have every reason to believe that the security in Mr. Swartwout's official bond is fully sufficient for its amount. The examination requisite to ascertain the manner in Avhich the money was abstracted, and tlie details of the defalcation wliich has been going on for seven oi>eight years, will require some days. All that we know in regard to it at present, is derived from a voluntary communication made to us last evening by Mr. Henry Ogden, the cashier of the custom-house during Mr. Swart wont's term. Having been informed that the large defalcation was known to the public officers, and that we had come to New York for the purpose of in- vestigating it, he called on us, and at once, in the presence of Mr. Price, the district attorney, who was with us, entered frankly into a conversation on the subject. He commenced by saying that tlie circumstances of the case had troubled him exceedingly for some time, and that he had strongly urged Mr. Swartwout not to leave the United Spates in August last; tlia't he had told him it was scarcely possible the defalcanou coidd remain much longer concealed, especially since the accounts for the last quarter had been called for and not furnished ; that he advised liim, instead of going to Europe, to go at once to Washington, submit a st;itement of the whole matter to the Secretary of the Ti easury, surrender his property, and make the best arrangement he could ; that Mr. Swartwout told him in reply, he was confident of being able to raise money iu England, by which he could pay his whole debt to the United States as soon as he returned ; and he did not think the business would bo known before that time. In reply to our inquiry as to the time when the abstraction of the pub- lic money commenced, he stated that it was about nine months after Mr. Swartwout was appointed collector. He afterwards said he supposed 20 Doc. No. 13. it miglit have been a year after — that is, in 1830 ; that, as the amount of defalcation increased, he frequently spoke to Mr. Swartwout on the sub- ject ; and that about four years since it had become so large that he told Mr. Swartwout that unless measures were taken to reduce it, he could not consent to continue in the situation he held. Mr. Swartwout was, how- ever, confident that the operations in which he was engaged \wuld be so profitable as to make it easy for him to pay off the M^hole deficiency. This mode of treating the subject Mr. Swartwout continued to persist in to the last, always expressing his belief that he could set matters right. In reply to our inquiry as to the mode in which the affiiir had been conducted, and the amount, Mr. Ogdcn stated that JNfr. Phillips, the as- sistant cashier, was more fuily acquainted with the particulars than him- self, but that it commenced by Mr. Swartwout not parsing to the credit of the Treasurer the whole sums received ; that the bonds, being placed in bank, were there collected and passed to the credit of Mr. Swartwout him- self; and that the weekly transfers to the Treasurer by Mr. Swartwout were usually made on Monday, but did not include the moneys received later than Saturday morning at 10 o'clock; by which means the receipts on bonds due on Saturday and Sunday were embraced in the succeeding week ; and thus that amount, which often was ^100,000 or S200,000, could be kept and used by him ; tlie receipts of the two last days of each week enabling him to make up the previous deficiency, so as to transfer the reijuisite sum to the Treasurer. The next mode adopted by IMr. Swartwout was, the use of the fund deposited to meet luiliquidated duties, which was a large one, amounting frequently to 50,000 or ^200,000- and was entirely under his control, the deposites being made to Mr. Swartvv^out's own credit, and subject to his check. these he addad the use of the moneys paid to him on account of the share of the United States in penalties and forfeitures ; and he also overdrew the account for fees and emoluments payable to him for himself and the officers of the customs. These were, Mr. Ogden stated, in his opinion, the sources from which Mr. Swartwout retained the moneys, and the mode by which he was able to keep his transfer to tlie Treasurer apparently correct ; but about the years 1836 and 1837, the deficiency had amounted so high that it became necessary, in order to prevent its detection, to use the bonds which were deposited with him for collection; a large amount of them was withdrawn from the usual course, and the anunmt collected by Mr. Swartwout. From this arises the principal deficiency in the bond account. In regard to the amount of defalcation, Mr. Ogden stated that in one of his conversations with Mr. Swartwout last summer, he (Mr. Ogden) told him that it could not be less thair $900,000, but Mr. Swartwout said he did not think it exceeded 5^600,000. In reply to our inquiry as to what had become of the money, Mr. Og- den said ihat he was totally at a loss to conceive how such a sum could have been exhausted ; that Mr. Swartwout had been a large speculator in stocks for several years, and that he had known his operations in them to amount to some hundred shares a day ; that he had been a loser tor a large sum by the failure of the Josephs, to whom he knew of his actually loaning ^25,000 a day or two before their failure ; that he had made im- mense purchases of lands in Texas ; and that he also had heavy interests in the Cumberland coal-lands. It did not appear, however, that Mr. Og- Doc. No. 13. 21 den could account for an expenditure so large as the ascertained defalca- tion. In rei)ly to our inquiry as to Mr. Swartwout's property, Mr. Ogden stated his inability to give a particular account of it. He said that the funds in bank, known to him, did not exceed $29,000 ; that there was a house in this city : land at Hoboken, on which there was an encumbrance of about ^550,000, but which he thought worth $100,000 more; that there was, besides, some land in Illinois, the Cumberland property, and the -property in Texas. Mr. Ogden then stated that he had a full power of attorney from Mr. Swartwout, under which he was desirous to act, as, under the circumstan- ces of the case, he thought his duty required, and Mr. Swartwout himself could not object to. He stated that probably Mr. Swartwout would re- turn in the steam-ship expected next week; that he had written urging him to do so, especially on his being apprized that the sureties had leceived notice fr(?m the Comptroller that the accounts had not been ren- dered ; that, although he had no direct assurance of his intention to re- turn, he thouglit it most probable he would do so. He assured us that, in the mean time, no measures should be taken under his power of attor- ney to interfere with the claims of the United States ; and he finally agreed to transfer to them, under that instrument, the property of Mr. Swart- wout, and offered to meet us on the following day for that purpose, at the office of the district attorney. Very respectfully, yours, J. N. BARKER, H. D. GILPIN. Hon. Levi Woodbury, Secretary of Ike Treasury. J No. 13. New York, Noveynher 10, 1S38. Sir : Since the joint report of the Comptroller and myself, on the 8th instant, the investigations into the defalcation of Mr. Swartwout, and the steps which seemed expedient in relation to it, have been continued with- out intermission. They have proved very laborious, and in no degree tended to lessen the amount of the deficiency, or change the character of the transaction. All the abstracts, vouchers, and other documents, relating to the col- lector's account for the first quarter of 1S38, (being the last of Mr. Swart- wout's term,) which had never been furnished, have been now transmit- ted to the First Auditor. These documents, however, want the signature of Mr. Swartwout, though j)repared by the officer who transacted that branch of his official busines.s. The cau^e of their being thus incomplete appears to have been the dosire of Mr. Swartwout that they should not be furnished to the accounting officers until his retnrn from abroad. By that time, according to the statements of Mr. Ogden, he hoped to be able to make arrangements for the settlement of the whole defalcation. The want of them, however, delayed the present collector in the completion -of his own accounts, as it was necessary to include therein an accurate 22 Doc. No. 13. statement oifthe balances in cash and uncollected bonds, handed over by- Mr. Swartwout, and that the same should agree whh the final accounts of the latter, as rendered to the Treasury Department. The urgent de- mand for this, made by the present collector upon the officer having charge of these accounts, and the difficulty of obtaining it, first led to the suspicions communicated by him to the Department, whicli we^-'e rendered more certain by the subsequent examinations he immediately instituted. Mr. Underwood completed, on Thursday evening, the examination of the books and documents at the custom-house, so far as to enable him, with the addition of the information already possessed at the Treasury, to state the account of Mr. Swartwout so as to exhibit truly the amount due to the United States. He then jjroceeded to Washington for the pur- pose of having the account finally adjusted and passed by the accounting officers, as the act of Congress requires, and expected to return it to me, at this place, duly certified, by the 12th instant. When it is received, we shall be able to adopt the summary proceedings by distress warrant, au- thorized by tlie act of May 15, 1820, should the interests of the United States make that course most advisable. It appeared proper, however, without waiting for this, to take what- ever measures were possible for the immediate security of the United States. On examining the letter of attorney from Mr. SAvartwout to Mr. Ogden, I found that it conferred on the latter the fullest agency. He was entirely impressed with the propriety of adopting under it such measures for the security of the United States as were hi his power. He has paid over to me the sum of ^30,000 in cash, being the deposite in bank refer- red to in the last report. This sum I have placed to the credit of the Treasurer of the United States, on special deposite, in the Bank of Arierica ; and herewith enclosv^ you duplicate receipts of the cashier therefor. Mr. Ogden has also executed, as the attorney of Mr. Swartwout, three mort- gages of all his property in the States of New York, New Jersey, and Maryland. Tlie specific portions of property belonging to Mr. Swartwout in those States were not all kno wn to Mr. Ogden, but they are described as fully as his information permitted ; and the mortgages embrace, gen- erally, all Mr. Swart wont's estate. Neither Mr. Price nor myself have been able to learn that there is any other property, real or personal, un- less it be the household furniture. The mortgages have been placed for record in the register's office of this city, and of 13ergen county. New Jer- sey ; and I have forwarded that embracing the property in Maryland, to the district attorney there, with a request to have it recorded in the proper office without delay. These mortgages mclude the house and lots in this city ; the large and valuable meadow property at Hoboken ; and the interest in the coal-lands at Cumberland. As to their value, I have no means of forming an opinion, but it is rated by Mr. Ogden at a very large amoimt. The investigation into the details of this defalcation is necessarily very diflicult and tedious. Eight or nine years have elapsed since it com- menced. The books and accounts through which it is to be traced are numerous, as it was carried on through the various periods when the public moneys were collected and kept in the branch bank of the United States, the selected deposite banks, and by the collector himself The dif- ferent classes of revenue received, which, as was stated in our last report, were successively resorted to at difierent periods, multiply the researches Doc. No. 13. into the general accounts, which are of vast complexity and amount ; and the false statements and other entries in regard tothe.se transactions, made Avith a view to give the appearance of correctness to tlie oHicial returns, and prevent discovery, increase the present dilliculty. From INIr. PhilHps, the assistant cashier during Mr. Swartwout's oflicial term, we received a verbal statement, confirming that previously made to us by Mr. Ogden ; and, in a written communication, he has given a general view of the course of proceeding, to which he has offered to add such a particular account of the details of the transactions as he can gatber irom the books and accounts. When Mr. Underwood returns here, 1 hope tbat his knowledge of such accounts and his great industry and accuracy may en- able him to trace out the whole of this complicated proceeding, step by step, from the beginning to the close. I will forward to you, as soon as they can be prepared, copies of the Avritten statements of Mr. Ogden and Mr. Phillips ; of the letter of attor- ney of Mr. Swartwout to Mr. Ogden; and of the three mortgages of Mr. Swartwout's property. Very respectfullv, vours, H. D. GILPIN. Hon. Levi Woodburv, Secr^elary of the Treasury. No. 14. New York, November 13, 1S3S. Sir : Yesterday I received a duly certified transcript of the account of Mr. Swartwout, as finally stated by the accounting officers, showing a balance due from him, as late collector of the revenue for the port of New York, of $1,344,119 65. In pursuance of the provisions of the act of 15tli May, 1S20, 1 forth- with issued a warrant of distress against the said Samuel Swartwout, and Benjamui Birdsall, Charles L. Livingston, and Mangle M. Quackenboss, the sureties in the official bond of Mr. Swartwout, wliich was forwarded from the office of the First Comptroller of the Treasury. The warrant of distress, with a copy of the account, was delivered to the marshal, and he proceeded without delay to make a levy on the estate of Mr. Swart- wout and his sureties in this district. In order to perfect the lien in the manner the act re(phres, the marslial has already caused the levies he has made, with the dates, to be recorded in the office of the clerk of the district court for this district, and will continue so to do as additional property may be ascertained. Although the parties are resident in this district, yet as the act of Con- gress contemplates the issue of ditferent warrants where the estate intended to be taken and sold is situate in ditferent districts, I have issued one to the marshal of Maryland, and another to the marshal of New Jersey, and I have directed the most rigid scrutiny to ascertain the property that can be levied on. The only account of any in either State that I have been able to obtain is that embraced in the two mortgages to the United States, referred to in my last report ; but it is supposed there may be other prop- erty or interests in some coiupanies, incorporated or unincorporated. At all events, a more full description of that and all other will be obtained Doc. No. 13. and embraced in the return and record of the levy, so as to make the se- CJirity of the United States more complete than under the mortgage. Under the distress warrant here, the marshal is causing the most careful search to be made, for the purpose of discovering whether there are any moneys or stocks belonging to Mr. Swartwout of which we have not feeeii heretofore hi formed. So far, it does not appear that there jye ; and the general impression seems to be, that he is not possessed of any such prop- erty. It is among the most remarkable circumstances in this case, that so little should, apparently, remain out of such a vast amomit of money. The return of Mr. Swartwout by the steam-ship is still looked for. She iias not yet arrived, but is hourly expected. In my last report t stated to you the circumstances which rendered it a work of extreme difficulty and delay to trace the details of this long-con- liRoed defalcation. Since the return of Mr. Underwood yesterday, and ixis ability (now that the statement of the account is completed) to devote his attention exclusively to this branch of the case, considerable progress hm been made. The general system by which the money was abstracted, mid the deficiency concealed, has been already stated to you, as derived frcm the information of Mr. Ogden and Mr. Phillips, confirmed by the examinations of the Comptroller and myself. I now, however, feel satis- fied that we shall be able to trace out the whole proceedings, so as to sliow exactly the times, amounts, and modes, in which the various sums ®f money were respectively taken. Very respectfully, yours, H. D. GILPIN. Hon. Levi Woodbury, Secretary of the Tt^easury. No. 15. New York, November 15, 183S. Sir : We have completed, with the aid of Mr. Underwood, the exami- nation of the records of the custom-house at this place. From them, with the information derived from Mr. PhilHps, the assistant cashier, we have ascertained, as we believe correctly, the sums withdrawn by Mr. Swart- wout from tlie public moneys under his charge, during each successive ^aarter of his official term, and never replaced. A summary statement, exhibiting this in detail, has been drawn out by Mr. Underwood, and is amo'ng the documents transmitted to you herewith. The amount, as settled at the Treasury on the 10th instant, exhibits a fefemce due from Mr. Swartwout, exclusive of interest, of ^1,344,1 19 65. It is supposed that a further adjustment of his accounts, and the produc- tk»ii of the formal and necessary vouchers for sums for whicli he may be eufitled to credit, will authorize a further allowance of ^148,413 06. This wilf make the sum with which he is chargeable Si, 225,705 69, exclusive of interest. This is the amount that he appears to have withdrawn and Bever replaced. According to the statements of Mr. Ogden and Mr. Phillips, heretofore mentioned to you, and subsequently confirmed by them in writing as well as verbally, the use of the public money connnenced as early as the close ©f 1829, or the beginning of 1830; the practice being to transfer at the commencement of the week, to the Treasurer of the United States, no more tbaii the amount received previous to Saturday morning ; and thus to re- pSaiDe successively from the subsequent receipts the sums withdrawn, so Doc. No. 13. 26 that the deficiency might not appear. Though the sums thus replaced? after they were taken, can form no part of tiie halance now cliarged against- Mr. Swartwovit, which consists only of sums never returned, yet we endeavored to obtain from My. Piiilhps the items of this sort from the commencement. We were miable to do so. The original check-book of Mr. Swart wout from Jmie, 1830, to December, 1831, through which, per- haps, they might have been traced, was not, after dihgent search, to be fomid; and although Mr. Phillips commenced, as he stated, in the year 1834, when the deficit began to be large, to make a memorandum ])y which he can now designate the sums withdrawn, subsequent to that period, by Mr. Swartwout, from the cash fund for his own use, yet he declared his inability to do so any earUer. The evidence, therefore, in re- gard to the moneys that were withdrawn and replaced, is found in the verbaf communications made to us by Mr. Ogden and Mr. Phillips, which were given in our previous reports to you, and in their letters and written statements, of which copies will be found among the documents trans- mitted to you herewitii. We have ascertained that the sum of ^1,225,705 69, taken by Mr. Swartwout and not replaced, increased gradually, from the first quarter of 1830, to the end of the first quarter of 1838, when his official term ex- pired, and that it was drawn from various funds. The deficit of Mr. Swartwout, at the end of each successive year, was as follows : On the 31st December, 1830 ... - $622 34 On the 31st December^ 1831 - . . . 1,168 87 On the 31st December, 1832 . - . - 30,801 33 On the 31st December, 1833 - . . - 35,298 54 On the 31st December, 1834 > . , - 50,370 04 On the 31st December, 1835 .... 137,061 69 On the 31st December, 1836 - . - . 336,718 69 The '^tonnage duti/'^ is the first fund in which the deficit exists. It amounts in the aggregate to $2,211 39. Of this, there occurred in the year 1830,^622 34 in the year 1831, ^546 33; in the year 1833, ^823 17; m the year 1835, ^279 35. None of these sums are found to be debited m the cash account of Mr. Swartwout. In the year 1836, however, diere is a debit to that account of ^^488 15, for correction of errors, leaving the whole amount of tonnage duty received and unaccounted for ^1,783 24. It may be that this deficit has arisen from errors which have crept into the account during the five years through wiiich it extends. The amount is so small as to give color to this supposition. The '•^forfeitures and penalties^'* belonging to the United States con- stitute the second fund in which there is a deficit. It amounts in the ag- gregate to ^'39,823 12. Of this, there occurred — In the year 1832, the sum of - - - - ^29,632 46 In the year 1833, the sum of - - - - 3,674 04 In the year 1834, the sum of - - - - 1,173 09 In the year 1835, the sum of - - - - 5,343 53 - 1,016,955 32 - 1,225,705 69 On the 28th March, 1838 639,823 12 26 Doc. No. 13. By the provisions of the 89th section of the act of 2d March, 1799, the collector is to receive from the court all sums received on account of fines, penalties, and forfeitures, for a breach of the revenue laws, and lie is to account for them quarterly to the Treasury. The sum above stated be- longed to the United States, as their portion of various penalties and for- feitures, and was received by Mr. Swartwout under the abov^ provision. It was not, however, debited in his own cash account; and though admit- ted in his accounts rendered to the Treasury, it has never been paid over. Three Treasury warrants, amounting in the aggregate to ^39,240 05, were received by Mr. Swartwout during the years 1834 and 1835. They were for the following sums, respectively : 1834, August 23, No. 9677 - ' - - - ^7,637 21 1835, May 2, No. 837 - - . - > 21,895 15 1835, June 22, No. 993 - - - - - 9,707 69 g39,240 05 Mr. Swartwout received these warrants under the authority of the 2d section of the act of 27th June, 1834, to make up an alleged deficiency in the fees and emoluments of his office to meet the compensation due to his clerks. Their receipt appears by his books, but the proceeds have never been debited in his cash account, and their whole amount still remains entirely unaccounted for. Cash was withdrawn for the alleged purpose of paying the expenses of the office, beyond the actual amount of these expenses, as exhibited by Mr. Swartwout^s own accounts and vouchers. The aggregate of this excess is ^60,291 42. The application of this fund commenced in the third quarter of 1835, and extended down to the last quarter of his official term. It is thus distributed through the several years : In 1835 the excess of cash withdrawn was - - ^6,368 25 In 1836 it was ------ 30,788 29 In 1837 it was 23,134 88 $60,291 42 A single item, under the name of " cash retained for refunding mer- chants,^^ appears in the first quarter of 1836. It amounts to ^80,769 53. The explanation given of this item by the auditor of the custom-house is, that there were various importers who were entitled to the extension af- forded by the act of Congress to those who had suffered by the great fire in the winter of 1835-6, but who had actually paid their bonds. This sum Mr. Swartwout withdrew from the cash fund, in order, as was alleged, to refund to these importers the amount of their bonds so paid, and to give them the benefits of the extension. It never was, however, applied to that purpose, or restored to the debit of cash. It still remains unaccounted for. It will thus be seen that the sums withdrawn from these five funds^ viz : tonnage duties, forfeitures. Treasury warrants, office expenses, and cash to be refunded to merchants, amounted altogether to $221,907 36. All these were funds that ought, immediately on their receipt, to have been placed in the Treasury of the United States, or appropriated to the specific purposes for which they came into the collector's hands. Doc. No. 13. 37 The next fund in which wc trace the deficit is much larger in amount than either of the preceding : it consists of cash received hy the collector, but which, according to the usage of the custom-house, that otiicer has been in the habit of retaining in his own hands under the designation of '•'protests" and " deposites for unascertained duties," instead of paying it into tlie Treasury. Tlie former consists of sums supposed to be neces- sary to pay any amount of damages that may be recovered after suit, by an importer, from the collector, on account of his having charged a rate of duty higher than that which is authorized by kiAV, and where, at the time of paying the duty, the importer has filed with the collector a pro- test" against the duty charged. The latter consists of sums deposited by the importer at the time of making his entry, in cases where the necessary calculations and examinations to ascertain the exact amount of duty re- quire considerable time ; and the deposite remains in the hands of the collector until it is so ascertained, when the proper amount of duty is paid b\^ him into the Treasury, and the balance returned to the ini})orter. It is evident that these funds must, from their nature, constantly leave in the hands of the collector a very large sum, the amount received or retained by him always supplying whatever may be withdrawn to meet the ne- cessary payments either of protests or ascertained duties. When Mr. Swartwout's term expired, on the 28th March, 1838, it appears, by his own account, that he was chargeable with ^201,096 40 of cash retained to meet ''protests," and with $164,010 60 of cash ''de- posited with him to meet unascertained duties." The only portion of this which he paid over to his successor was $8,229 94 to meet "pro- tests ;" leaving the amount of that fund retained by him, $192,866 46. In the " deposites to meet unascertained duties,'' Mr. Underwood notes a small error of $166 44, making it, in fact, $164,177 04, and thus exhib- iting the whole amount of cash retained out of these two funds of *' pro- tests" and "deposites" $357,043 50. None of this is now to be found in any bank deposite to the credit of the late collector, nor has any pro- vision been made for it. The whole appears to have l3een appropriated by him, from time to time, to his private use. We endeavored to ascer- tain exactly the amounts of cash which had been successively withdrawn,, so as to make up the whole of these funds. Mr. Phillips, the assistant cashier, who kept the check-books, from which only this can be traced, has given us a statement of such of the sums thus drawn out by Mr. Swartwout for his })rivate use as he was able to obtain from the old check- books in the office and his own memorandums. It embraces only the interval between November, 1834, and June, 1837, and amounts in the aggregate to $193,602 20. Of this sum, the cash noted by Mr. Phillips as being withdrawn, was — In the year 1834, - - - - $6,261 20 1835, - - - - 43,700 00 1836, . - - - 97,841 00 '' 1837, - . - - 45,800 00 $193,602 20 In the earlier period of these transactions, (that is, from 1829 until the close of 1834,) Mr. Phillips was not in the habit of noting the checks thus used by Mr. Swartwout, a id he states that, from this circumstance, and from the loss of the check-book of 1830 and 1831, (to which we have ad- 28 Doc. No. 13. verted,) ho is unable to trace out the particular items which constitute the residue of the cash thus withdrawn. The statement of Mr. Phillips, giv- ing the amount of each check so drawn, will be found among the docu- ments transmitted to you herewith. It may be proper here to add a remark in regard to the fund alleged to be retained to meet " protests." No such fund, as we have observed, ex- ists in fact ; it has been entirely used and absorbed. But, hi addition to this, we were informed by the present collector that such is the situation in which the papers and documents connected with this business have been left, that it is quite impossible for him to present any thing like an estimate of the smn that may be required to meet the protests, should any damages be ultimately recovered. On an application from the Treasury ^Department to the district attorney, made some time since, he gave the same reply, accompanied with the fact that the whole amount of packages of goods on which the duties had been protested, and which then formed {he subject of suit, was but six hundred and sixty. It is also proper to refer to the payment made by Mr. Ogden,of ^30,000, to the Solicitor of the Treasury, as being a deduction to be made from the amount due from Mr. Swartwout. It was not, however, a sum standing in the name of the latter as collector, or forming any portion of either of these funds ; it was money in the possession of INIr. Ogden, but admhted by him to have been received from Mr. Swartwout, and which he volun- tarily paid over to the United States. The remaining fund, the deficiency in vvhich makes up the whole debt of Mr. Swartwout, is the bond account. By Mr. Swartwout's returns to the Treasury Department, it appears that when his term of office expired he was chargeable with ^8,994,666 59 of bonds for duties not paid into the Treasury. Of these, he transferred to his successor, the present collector, ^6,045,386 13, constituting the portion of these bonds not yet 7,706 97 Amount of costs - - 638 77 By amount paid the following collectors, per orders of the Comptroller, for which they have been respec- tively debited, viz : Andrew Mack, of Detroit, per report No. 377 - - $2,000 00 Thomas Loomis, Sackett's Har- bor, per report No. 372 - 500 00 John P. Osborne, Sag Harbor, per report No. 432 - - 1,300 00 Seymour Scovell, Niagara, per report No. 458 - - 1,000 00 George W. Charles, Camden, per report No. 621 - - 390 00 Jere. Carrier, Cape Vincent, per report No. 508 - - 1,300 00 Abraham Wendell, Michili- mackinac,per report No. 459 877 00 EUas H.Haines, Sandusky, per report No. 541 - ' - 338 30 Elias H. Haines, being part of the amount paid per order of the Comptroller, 22d Febru- ary, 1838, for which said Haines will be debited - 50 00 By amount of the following warrants in favor of the Treasurer, viz : No. 4193,dated March 31,1838 $2,210 26 4204, a a 31, 1838 50,635 65 4824, u June 30,1838 4,110 77 4325, u a 30, 1838 5,185 61 4326, 66 30, 1838 1,836 07 4353, u (6 30, 1838 150 00 4354, u 6( 30,1838 2,966 24 4355, a 66 30,1838 1,108 12 4356, i( 66 30,1838 98 56 4357, u 66 30,1838 100 00 4380, i( July 6, 1838 1,789,084 60 4390, a 66 26, 1838 265 9S §8^71,141 70 8,345 74 7,755 30 Doc. No. 13. 41 No. 4391, datedJiily 26, IS3S i$915 12 4392, ^* 26,1838 6,543 05 ^1,865,270 03 By commissions on ^2,195,545 51, at -} of 1 per cent. - 3,659 24 And that the balance due to the United States on the 29th day of March, 1838, amounted to - - 1,374,119 65 ^^12,026,268 39 As will appear from the statement and accounts herewith transmitted for the decision of the Comptroller of the Treasury thereon. J. MILLER, First Jiuditor, James N. Barker, Esq., Comptroller of the Treasury. Treasury Department, First Comptroller's Office, November 10, 1838. Admitted and certified. J. N. BARKER, Comptroller. T. L. Smith, Esq., Register of the Treasury. Treasury Department, Register's Office, November 10, 1838. Pursuant to the act of Congress of March 3, 1 797, entitled " An act to provide more effectually for the settlement of accounts between the Uni- ted States and ^^ceivers of public moneys, I, Thomas L. Smith, Register of the Treasury Department, do hereby certify that the aforegoing is a true transcript from the books and proceedings of the Treasury. T. L. SMITH, Register. Be it remembered, that Thomas L. Smith, Esq., who certified the afore- going transcript, is now, an^ was at the time of doing so. Register of the Treasury of the United States ; and that full faith and credit are due to his official attestations. In testimony whereof, I, Levi Woodbury, Secretary of the Treasury of the United States, have hereunto subscribed my name, and |- -| caused to be affixed the seal of this Department, at the city of * Washington, this tenth day of November, in the year of our Lord eighteen hundred and thirty-eight. ' LEVI WOODBURY, Secretary qf the Treasury. 42 Doc. Xo. 13. (No. s. ) Statement made out from the rccoi'ds of the custom-house at Neiv York and from the statement of Mr. PhiUips, the assistant cashier, so as to exiiibit, in each successive quarter during the term of the late col- lector, Samuel Sivartwout, the sums ivhich were withdraivn from the public moneys under his charge. 1st quarter, 1830 — Tonnage duty received, not debited in casli account - §443 64 2d quarter, 1830 — Tonnage duty received, not debited in cash account - 30 44 474 08 JQ quaiier, loou — Tonnage duty received, not debited in cash account 148 26 622 34 Oil quciiier, looi — Tonnage duty received, not debited in cash account 86 61 708 95 4in quaiter, looi — Tonnage duty received, not debited in cash account 459 92 1,168 87 4(1 quariei, looz — Forfeitures received for U, S., not paid over in cash accoiuit 2,577 93 3,746 80 3d quarter, 1832 — Forfeitures received for U. S., not paid over in cash account 1,946 ol 5,693 41 4th quarter, 1832— Forfeitures received for U. S., not paid over in cash account 25,107 92 30,801 33 1st quarter, 1833 — Forfeitures received for U. S., not paid over in cash account 374 35 31,175 68 2d quarter, 1833— Forfeitures received for U. S.,not paid over in cash .account 1,612 64 Tonnage duty received, not debited in cash account 823 17 33,611 49 4th quarter, 1833 — Forfeitures received for U. S., not paid over in cash account 1,687 05 35,298 54 Doc. No. 13. 43 3d quarter, 1834 — Forfeitures received for U. S., not paid over in cash account ^299 55 Treasury warrant received August 22, 1833, not debited in cash account - - - 7,637,21 43,235 30 4th quarter, 1834— Forfeitures received for U. S., not paid over in cash account 873 54 Cash withdrawn, (P.) - - - 6,261 20 50,370 04 2d quarter, 1835 — Treasury warrant received May 2, 1835, not debited in cash account - - . ' . 21,895 15 Treasury warrant received June 22, 1835, not debited in cash account - - - 9,707 69 Cash withdrawn, (P.) - - - 2,500 00 84,472 88 3d quarter, 1835 — Cash withdrawn, (P.) - - - 15,600 00 Cash drawn to pay expenses of ofRce, more than amount of same, not debited in cash account 101^322 06 4th quarter, 1835 — Cash withdrawn, (P.) Forfeitures received for U. S., not paid over in cash account 5,343 53 Tonnage duty received, not debited in cash account - 279 35 Cash drawn to gay expenses of office, more than amount of same, not debited in cash account - - 4,516 75 137,061 69 1st quarter, 1836— Cash " retained for refunding merchants," not debited in cash account - - - - 80,769 53 Cash drawn to pay expenses of office, more than amount of same, not debited in cash account - - 602 32 Cash withdrawn, (P.) - - - 33,200 00 251,633 54 Deduct for correction of tonnage duty - - 482 01 251,151 53 2d quarter, 1836 — Cash drawn to pay expenses of office, more than amount of same, not debited in cash account - - 2,963 82 Cash withdrawn, (P.) - - - 44,541 00 298,656 35 44 Doc. No. 13. 3d quarter, 1836— €ash drawn to pay expenses of office, more than amount of same, not debited in cash account Cash withdrawn, (P.) ig7,8Sl IS 9,000 00 4th quarter, 1S36 — Cash drawn to pay expenses of office, more than amount of same, not debited in cash account Cash withdrawn, (P.) 315,437 48 Deduct for correction of tonnage 1st quarter, 1837 — Bonds falling due in this quarter not accounted for Cash to pay expenses of office, more than amount of same, not debited in cash account Cash withdrawn, (P.) 2d quarter, 1837 — Bonds falling due in this quarter not accounted for Cash drawn to pay expenses of office, more than amount of same, not debited in cash account €ash withdrawn, (P.) 3d quarter, 1837 — Bonds falling due in this quarter not accounted for Cash drawn to pay expeiises of office, more than amount of same, not debited in cash account 4th quarter, 1837 — Bonds falling due in this quarter not accounted for Cash to pay expenses of office, more than amount of same, not debited in cash account - - - 1st quarter, 1838 — Bonds falhng due in this quarter not accounted for Cash to pay expenses of office, more than amount of same, not debited in cash account - - . Amount of bonds, together with the foregoing, required to make up the balance, (^646,754 83,) per general account of bonds at the time the transfer was made to his succes- sor, the particulars of which cannot be ascertained until a thorough examination of the bond account shall be made from the commencement 10,187 35 11,100 00 336,724 83 6 14 336,718 69 497,335 32 7,349 96 35,400 00 876,803 97 106,218 42 6,105 17 10,400 00 999,527 56 2,126 37 1,007,703 43 5,619 82 3,632 07 1,016,955 32 2,504 28 9,854 17 32,950 62 1,062,264 39 Doc. No. 13. 45 Add to the above, cash in hand, as per late collector's cash account to 2Sth March, 1S38 - - - 201,09(i 40 Deduct this amount, paid subsequently to his successor, to meet " protests" - 8,229 94 192,866 46 Balance of his cash account of deposites to meet unascertained duties - - 164,010 60 356,877 06 Deduct from this amount of sums withdrawn by the late collector, as per Mr. Phillips's statement , included in the above state- ment, and marked P. - - 193,602 20 163,274 86 Add for errors - 166 44 163,441 30 1,225,705 69 Add amount of suspensions in his accounts at the Treasury, for the greater part of which he will receive credit, as soon as the accounts shall be adjusted - - 148,413 96 Balance due, per Treasury statement ^1,374,119 65 New York, Novejnbei' 15, 1838. JOHN UNDERWOOD. (No. 4.) Emoluments, retained in suspense account. Cash withdrawn to pay expenses of office, more than the amount of same, as exhibited by Mr. Swartwout's own accounts, and for which dif- ference his cash account has never since been debited — For the year 1835 - - - - 25 For the year 1836 - - - - 30,788 29 For the year 1837 - - - - 23,134 88 ■ 560,291 42 Chargeable as follows : July 1, 1835 - - . 1^249 18 October 1, 1835 - - . . 4,516 75 January 2, 1836 - 602 32 April 1, 1836 - . . . 2^963 July 1, 1836 . . - . 7JS1 13 October 1, 1836 - - . _ 10,187 35 January 2, 1837 - 7,349 96 46 Doc. No. 13. April 1, 1S37 - - . - ^6,105 17 July 1, 1837 .... 6,049 50 October 1, 1S37 - 3,632 07 January 2, 1838 - - - - 9,854 17 ^^60,291 42 Tonnage duty received^ cash account not debited, retained in suspense account. 1st quarter, 1830 - - - . ^443 64 2d quarter, 1830 - - - • - 30 44 3d quarter, 1830 - - - - 148 26 3d quarter, 1831 - - - - 86 61 4th quarter, 1831 - - - - 459 92 2d quarter, 1833 - - - - 823 17 4tli quarter, 1835 - - - - 279 35 ^2,271 39 Deduct the following, debited to cash account, for correction of said duty : 1st quarter, 1836 - - - - 482 01 4th quarter, 1836 - - - - 6 14 488 15 ^1,783 24 Cash account credited 26th March, 1836, for this sum "retained for refunding to merchants;" which sum Avas never appUed to that purpose, nor restored to debit of cash, but retained in the suspense account - - ^80,769 53 Treasury warrants. The following received from the Treasury, cash account never debited therewith, but the same were retained in the suspense account: Warrant received August 23, 1834 - - ^7,637 21 Warrant received May 2, 1835 ... 21,895 15 Warrant received June 22, 1835 - - - 9,707 69 ^39,240 05 United States portion of forfeitures received, for which cash account was never debited, but the same retained in the suspense account, viz : In 2d quarter, 1832 - - - $2,577 93 In 3d quarter, 1832 - - - 1,946 61 In 4th quarter, 1832 - - - 25,107 92 In 1st quarter, 1833 - - - 374 35 In 2d quarter, 1833 - - - 1,612 64 In 4th quarter, 1833 - - - 1,687 05 Doc. No. 13. 47 In 3d quarter, 1834 111 4th quarter, 1834 In 4th quarter, 1835 ^299 55 873 54 5,343 53 i539,S23 12 ^60,291 42 1,783 24 80,769 53 39,240 05 39,823 12 ^221,907 3() (No. 5.) New York, Noveynher 8, 1838. Dear Sir : As far as m}^ memory serves me, in regard to the difficukies of Mr. Swartwout, I should say that they began not long after his appoint- ment as collector, and that, from that period, he has continued to draw sums from time to time ; that my assistant (Mr. PhiUips) and myself have held frequent conversations with him respecting the sums of money which he had received, and that we often, when he applied to us, urged him to endeavor to raise money elsewhere, if lie possibly could, and not to draw any more from the bank ; that, about four years since, when we agaui spoke to him on the subject of the amounts we supposed he had re- ceived, he requested us to have an interview with him at his house ; that we met him agreeably to appointment, and that lie then assured us, as he had done frequently before, that lie did not dou1)t that, before many months, the speculations ne had entered into would result in such a way as to en- able him to pay all up. From that period we occasionally called his at- tention to the balance due, until the period of my leaving for Canada, (the 4th of August.) Mr. Swartwout sailed on the 16th of August. I am, with ^reat respect, your obedient servant, HENRY OGDEN. Henry D. Gilpin, Esq., Solicitor of the. Treasury, (No. 6.) New York, November 9, 1838. Sir : Mr. Swartwout came into oflice, as collector of the port of New York, on the 1st of May, 1829 ; and, as far as my memory serves, but a few months had elapsed before he commenced drawing money for his private uses, which he continued for a period of nearly nine years, without any great intermission. It is necessary, in order to make myself understood, that I should state the manner in which the business of the custom-house was conducted in respect to tlie financial concerns with the Branch Bank, and afterwards 48 Doc. No. 13. with tlie three deposite banks, namely, the Mechanics', Manhattan, and America, (the receiving banks for the bonds for duties due the United States — the Branch Bank from 1st May, 1829, to 7th October, 1833 : and the deposite banks from that period to the 16th May, 1837, (the time of their suspension of specie payments.) The bonds and the records, being completed at the custom-tTouse, were delivered to the banks, with a statement of the amount, &:c. of each, for which a receipt was given by the cashier (with whom they were placed) for the amount received. This was usually done about thirty days pre- vious to maturity, when it became the business of the bank to notify the principals of the date when payable. This being done, the amount col- lected daily would be placed to the credit of S. Swartwout, and subject to his drafts, without particularizing the purpose for which they were drawn, (whicli v/as the invariable practice ;) and the same was always the case in regard to all moneys collected through the banks on account of customs during the period before stated, and he availed himself of it as lie required. After the passage of the law which required that all sums of ^200 and un- der, and all duties on woollens should be cash, by directions from the Treas-^ ury Department it was ordered that the amount should be paid direct to the ^\ bank instead of the custom-house, which was done by giving the importer a certificate, which was by him taken to the bank, and there paid, and the signature of the receiving officer to the certificate, returned to the custom- house, was authority for his receiving apermit for his goods,and the amount so collected daily placed to the credit of S. Swartwout, and subject to his drafts as before. Independent of the bonds, &c. collected at the banks, a large amount of money was received at the custom-house on deposite for duties on mer- chandise paying a specific rate of duty, which was considered in suspense until the actual amount to which it was liable was ascertained, and the settlement with the parties making the deposite, which, in a great many instances, did not take place for twelve months, and frequently longer, which placed a large amount at the disposal of the collector, as the duties on deposite were not placed to the credit of the United States until the merchant had made a settlement. As the collections made by the banks up to 3 o'clock do not appear on the books of the custom-house until the following day, consequently, in making up the weekly account for the Treasury Department to 3 o'clock on Saturday, the amount received on Saturday would not appear until the following week, when the same oc- ciuTcnce would take place in respect to that week, and so continue on. By reference to the weekly returns made to the Treasury Department, it will be seen that large amounts were frequently retained under the head of "amount due the United States to be carried to next return," which accounts have the signature of Mr. Swartwout, and, in many instances, would not be forwarded until Tuesday, in order that the collections of Saturday and Monday might })lace him in funds to make the transfer from his account to that of the Treasurer of the United States. Respectfully, your obedient servant, J. PHILLIPS. II. D. Gilpin, Esq., Solicitor of the Treasury, Doc. No. 13. 43 (No. 7.) New York, Noveinber 12, 1838. Sir : Agreeable to request made by yourself as to the manner of con- ducting the business at the custom-house, in comparison with the former mode, I have to state that Mr. Hoyt, in coming into otiicc, adopted a course which, in my opinion, is every way calculated to ensure a safe collection of the revenue, and a prompt discharge of duty by every one connected 'with the customs, and more particularlyjas he is, as far as practicable, endeavoring to make himself acquainted with the business of his subordinates generally. As all the receipts for customs are now collected through the custom- house direct, I will give a statement of what he has required of me, being the person by whom all moneys are received and disbursed. Every morning my book containing in detail every transaction of the previous day is examined by the auditor, and I then furnish the col- lector with a condensed account of the receipts, classed under the heads of ^'amount received for bonds," '''other items," "cash on hand previous day brought forward,^' " ^^//.s^/^y'.s^we??/-?," "amount paid debentures," " Treas- ury notes," "other items," "cash on hand, and weekly account placed to credit of Treasurer of United States," which amount is subject to drafts of the Treasurer only ; also, an account of moneys deposited for duties not as- certained, and amount of duties on deposite settled. As respects the pay- ment of the bonds, I am ignorant of any individual's liability until he comes for the purpose of discharging it, when I send to the auditor (in whose possession it is) for his bond, which is entered in a book in his de- partment ; and, consequently, any error in my accounts would be ap- parent the following day. The next item of receipts is cash duties, which are received after having been examined and signed by the naval officer, who retains a counterpart of the entry; and upon the final liquidation of all the importa- tions by each vessel in the collector's office, any omission on the part of the collector's office would be discovered on comparison with the naval office accounts. All the moneys received are paid by me to the collector daily, and are imder his sole control. On Saturday I furnish him with an account of the amount in his hands available, which I am enabled to do irom my books; and he th^n places a certain sum to the credit of the Treasurer of the United States, who is advised of the same, and is subject to his drafts only; and the amount so placed is generally within twenty-five thousand dollars of the amount in his possession, with the exception of that on de- posite for duties not yet ascertained, which is not placed to the credit of United States until setdemcnt with the parties making the deposite. The collector keeps, through his secretary, a private account of all the money transactions from statements furnished him, for his own informa- tion ; and when the auditor has completed his weekly return for the Treasury Department, if, on comparison witli the accounts furnished by me, they are found to be correct, he signs, and forwards them. By this method, occasional errors are detected, and corrected forthwith, which, under the former mode would not transpire until the final settlement of the collector's accounts. On Saturday, after I have furnished him with an estimated" amount of funds available, he advises the Treasurer of the 4 Doc. No. 13. .^^Dioiint placed to the credit of the United States, which appears in the weekly account forwarded on Monday ; thus anticipating the former mode of transferring the money two or three days. He is also advised of the amount of bonds payable each day, of the amount of Treasury jiotes cancelled, and, generally, every thing of a nature calculated to inform him of his liabilities. 1 do not find myself capable of suggesting any alteration in the mode of managing the public funds, different from that now pursued. It is simple in its operations, and one least calculated to create a multiplicity of agents, by which the public money might be endangered. In all payments made by me, they are on the authority of the auditor, through whom all bills must pass. Very respectfully, your obedient servant, J. PHILLIPS. H. I). Gilpin, Esq. (No. 8.) Custom-House, New York, ^^iidilor's Office, November 16, 183S. Sir ; Having been called upon by you to state my knowledge of the ■Situation of the accounts of Samuel Swartwout, late collector, and to ren- der such information as I possessed in regard to the amount due by him to Jhe United States, I have to observe that, as auditor of the custom-house, which office I have held from the 1st of July, 1836, the adjustment of the accounts devolved on me, and that I carried forward the balance from preceding quarters, deeming it correct. In the month of June, 1837, being engaged in proving the account of bonds paid for the quarter ending the 31st of March of that year, I found Uiere was a large discrepancy between the bonds pa^^able and bonds paid, and that the latter fell short of the former about five hundred thousand dollars. This circumstance I mentioned to Mr. Phillips, the as- sistant casliier, whose office it is to keep the cash-book, and was informed by him that his book contained the record of all the bonds paid to the Government in that quarter. Upon this reply I accordingly closed the lK>nd account as it existed ; and the banks having previously suspended specie payments, and the troubles in the mercantile community being Tery disastrous, 1 supposed that the payment of all the remaining bonds was suspended. Mr. Swartwout, then collector, had received instructions from the Treasury Department to allow an extension of credit upon all bonds unpaid, and to transfer them for extension to the district attorney, until the Govern- ment should decide what further course was necessary to be pursued. Congress, having then been convened by the President to legislate on these matters, on the 16th of October, 1S37, enacted a law authorizing an extension of credit of nine months, from the date of maturity, upon alt bonds given prior to the passage of the act, and which were then un- paid. The number of these bonds was upwards of ten thousand, and they exceeded in amount five millions of dollars. No suspicion existed with me that any portion of these bonds had been paid, and the money 3^bstracted. Doc. No. 13. 51 When Mr. Swartwout's term of office expired, it became necessary to make a thorough examination of all outstanding bonds, and to render abstracts for the deUvery of the same to his successor. Tiiis work was completed, after much labor, in the month of August last ; and when the total amount was ascertained, it was found to fall short of the amount appearing due by the books of the office by six hundred and forty-six thousand dollars. This alarming circumstance I mentioned to the cashier, Mr. Ogden, and requested him to communicate the ft^ct to Mr. Swart- wout. On the following day the cashier observed to me that I had better inform Mr. Swartwout myself of the condition of the bonds. I at once did so. He seemed greatly surprised, and remarked that it must be impos- sible that so large a deficiency could exist, and requested that the account might be re-examined. It was accordingly re-examined, and every bond found paid by the records of the office was marked ofl^ Still the same deficiency existed. A list was then prepared of all the bonds unchecked and unaccounted for, and was placed on file in the office. Prior to this, and during the re-examination, Mr. Swartwout sailed for England. I afterwards proceeded to close all his accounts, and to prepare a final account current with the Treasury, when there appeared to be due from him to the United States one million two hundred and twenty-five thou- sand dollars. When this result was finally ascertained, I informed Mr. Hoyt, the present collector, that his accounts would be delayed in conse- quence of great discrepancies in Mr. Swartwout's accounts. He at once desired to know what these discrepancies were, and asked to see a statement of them. Such I accordingly prepared, and submitted to him, making a memorandum of the date thereof, which was on the 31st of October last. In consequence of this matter the collector had an interview with the cashier and assistant cashier, and learned from the latter that a large number of bon^ had been paid, and the money received by Mr, Swart- wout ; of which bonds, he, the assistant cashier, had taken a list, and the samo was then in his possession. That list the assistant cashier handed to me, and I herewith transmit it for your examination. The list is in the handwriting of Mr. Phillips, but it does not contain all the bonds missing. A statement of the items constituting the whole balance due by Mr. Swartwout has been furnished to Mr. Underwood, of the Treasury De- partment, and for the particulars of wliich I have to refer you to him, being unable to give any more light upon tlie subject than merely to state that such do exist, unless some unaccountable errors have been made in the accounts. My positive knowledge of these discrepancies, by statements made upon my own examination, was comnumicated to the present collector in order that he might be aware of tiie exact condition of affairs, and take such measures for bringing his own accounts and those of Mr. Swart- ,wout to a close, ready for transmission to the Treasury, as he should deem necessary and proper. I remain, respect full v, vour obedient servant, J. A. FLEMING, Auditor. Henry D. CnLPix, Esq., Solicitor of t/ic Trcdsurij. 52 Doc. No. 13. (No. 9.) A statement of such sums as I have been enabled to ascertain from the old check-books in the office as were drawn by Mr, Swartwout Jrom the public depositefor his own use. 1834, November 20 20 1835, June 20 - - - - " " ^,500 00 1835, July 2 f 2 1835, August 22 5,000 00 1835, September 9 - ----- 3, 000 00 1835, September 11 2,5u0 00 1835, September 29 - - . - - - YZ Z 1835, October 7 ' " ^,500 00 1835, October 12 - 2,500 00 1835, October 23 ^'000 0° 1835, October 24 ----- " °° 1835, November 5 - - - " " 6, 500 00 1835, November 7 00 1835, November 9 - - - - - " ^,000 00 1835, November 10 5,500 00 ,ooe n,,„„„,l,<>,- in - . - - - i,lUU uu 1835, December 10 2,500 00 00 00 1836, February 3 ----- i'<;nnnn 183(i, February 27 - - - - - " Y^IZ 1836, March 1 - Ymo Z 1836, March 7 "° 1836, March 17 - ^-^"^ 1836, March 17 - - - - " " ' 1836, March .23 - - . - - " " 1836 March 27 ®'5°° °" Ico ' I 1 , - - - 12,000 00 1S36, Apn 1 - - - _ 1836, April 2 - - - ' 1836, May 3 1836, May 4 - .- - _ _ 1836, May 7 - - - ' 1836, May 20 - - - " ^ ^ ^^^J 1836, May 20 - - - " ' 1836, May 24 1836, May 27 - - - _ _ 3^ „ 1836, .Tu y 4 - - - _ _ 2 QOO 00 1836, July 15 - - - _ 4 000 00 1836, July 16 4^000 00 1836, October 22 - - - ^'^^^ 1336, October 24 - - - - " ^'^^^ 1836, November 10 - - " ■ "'^^q 1836, November 14 - - ■ ' 2',000 CO 1836, December 17 - - _ _ _ ^ ^0 1837, January 4 - - - _ _ 2,000 00 1837, January 23 - - - _ _ _ ^' 1837, March - - - _ _ _ 6,000 00 1837, March - - - _ _ 00 1837, March 13 - - " ' Doc. No. 13. 53 1837, March 17 1837, March 23 1837, March 25 1837, April 17 1837, June 3 1837, June 6 1837, June 10 1837, June 23 5^4,000 00 3,500 00 2,900 00 3,200 00 1,500 00 1,700 00 1,000 00 3,000 00 ^193,602 20 The above statement has been taken from the old check-books. I have not, however, been able to find that includmg the checks from June, 1830, to December, 1831. These sums I knew particularly to have been used in the manner stated, from marks made by me in the checks. They are not, however, to be understood as embracing all the moneys that were appropriated by Mr. Swartwoui. He was, as I have stated, in the habit of taking money and replacing it, so that it is now impossible to trace it out or give a par- ticular account of each sum. This memorandum is as full as I can now make out, from my examination of these books. In the earUer period of these transactions, 1 was not in the habit of noting the checks used by Mr. Swart wo ut, and cannot therefore refer to them as accurately as I caa subsequently to 1834. J. PHILLIPS. 54 Doc. No. 13. (No. 10.) Copy of the statement in the handwriting of Mr. Fhillij^s. the assist"^ ant cashier, (referred to hy Mr. Fleming in his letter of November 16, 1838,) being the list kept by him of a number of bonds which had been paid, and the money received by Mr. Swartwout. The portions of the following statement included within brackets, [ ] were in pencil in the original. n.i Jan'ry 11 J. Gelion & Co. 20,637 ;^265 98 6i 20 Chassuines &. Paillet 20,934 213 68 C( 12 J. Gehon & Co. 20,635 251 46- U 13 Foster & Netchie 20,613 136 36 a 12 Wadsworth & Smith S. 9,953 117 88 a 17 J. Deving^ _ . .. 20,771 109 80 20 P. J. Biijac 21,073 217 88 a 20 G. Davis - - - S. 9,983 499 90 u 17 B. Blanc 20,443 277 90 17 F. Victor & D. 20,457 303 96 20 J. M. Jacquiline 20,711 516 72 17 J. Napier - - - 20,459 135 92 U 20 .T Bevlard. ir. - s. 9,987 351 26 u IS IVfastei's IVlarkoe. & Co 20,721 512 50 u 20 GnndbilP, & Co 21,001 266 26 ii 20 J. Webstur & Co. 21,313 130 75 ib 20 O Calemard & Co 20,942 192 92 u 18 S. Broome & Co. s. 9,947 322 00 u 20 T^pvaisiTip Q o. 9,951 Do. - - - c 9,981 Tarbox, Kingsley, & J. -iU,o / 21,149 E. Noltenuns - - - 20,565 w . w. Lnestei & uo. 20,509 Do. - - - 20,293 J. Adams - o. 10,013 Hunt & rJrooKs 20,981 Do. - - - 20,983 Wickelhausen & Achely 20,n2o Tin DO. _ _ - 20,527 Oldnier, jJUlclIJj Ot V^O. c o. Deckham & Moore o S. 9,991 # DO. - . , 9,999 ?>anas, 1 urner, r ox, & Lo. 20,993 Brothers iMellv 20,679 J. HiUison - . » 20,868 (jr. J3. Morewood & uo. 20,804 DO. _ - _ 20,991 C H. Kusseii & Co. 20,783 1 nompson & uo. 21,033 E. r ridler & Co. 21,205 Thompson, Austin, & Co. 20,902 Li. Urayot - - - 21,160 Do. - - - 22,133 S. Chappel - 21,164 Do xjyj, - - - on d Q Fitch & Co. - s. 10,025 Boorman, J., & Co. 20,880 Do. - - - 20,878 D. Hadden & Co. s. 9,975 Do. - - - 20,127 Do. . - - 20,129 Salters & Co. - 20,890 Cleaveland, Lewis, & Co. 21,393 4. 21 26 26 26 20 24 26 29 29 24 29 26 26 26 26 28 28 29 29 24 29 26 24 29 29 29 21 20 29 26 29 29 26 15 24 29 6 18 17 5 25 1 20 26 22 29 24 24 Doc. No. 13. (No. 10)— Continued. S. Hicks & Sons 20,989 Gary & Co. - S. 10,019 Do. S. 10,023 Girding & Sumon 21,103 Jeamenand & Beguin - 20,731 P. Harmony & Co. s. 10,021 F. Gebhard 21,067 P. Harmony & Co. 21,172 Do. - - - 21,174 A. Legaux & Plunkett 21,527 Grennell, M., & Co. - 21,295 F. S. & P. Schlesinger - 21,231 Wolfe & Clarks 21,359 J. De Ruyter - 21,170 C. Graebe & Victor 21,107 P. Harmony & Co. 21,113 De Rham & Moore 21,146 .J. Rankin - 21,133 J. D. Wright - 21,109 E. Fridler & Co. 20,968 [4.1 Breath, Bockee^ & K. - 21,123 Carwell & Murdock 21,351 A. Averill & Co. 20,898 H. & W. Delafield 21,166 Arnold & Lathrop 21,277 Ja. Morrison & Co. 21,713 E. Stevens & Sons s. 9,957 G. H. Newbould 21,007 JoneSj Walton, & F. - 21,227 F. Grumenthat & Co. - 21,168 G. B. Morewood & Co. 21,349 P. & J. S. Crary 21,131 J. S. Crary & R. Brumly 21,015 G. W. Shields - 20^447 A. Loubat - s. 10,011 Wiley & Lons: - 21,257 Hudson & Kennard 19,914 Thompson, Austin, & Co. 22,977 Spofford & Tileston 20,800 Kissam & Co. - - 15,266 N. Cogswell s. 10,007 I^. Page & Son - 21^43 Gilbert, Bailey, & Draper 20,677 Henschen &. Urquhart - 2i;i39 Do. - - - Wickelhausen & Achelv 21,147 C. F. Uhlhorn & Co. - 20,918 Do. . - . s. 9,985 5 5 3 24 17 15 26 3 3 3 3 4 5 7 7 11 8 2 9 10 8 24 24 13 22 11 14 15 11 11 13 10 IS 15 21 21 13 24 1 13 21 10 21 10 26 21 25 Doc. No. 13. (No. 10) — Continued. 1 . Jiunt &. L'O. 1 6,204 KoDerts, liros. & Co. 14,852 Labron & Ives 15,385 i>icjL. vVoodniul 14,049 [5.] Hunt & rSrooKS 1 A fen 14,o5o UO. 14,654 Uo. 14,652 Barclay & Livingston 21,221 Uo. 21,24 / Uo. 2 1,J03 Uo. 21,383 Do. - . - 2 1,49 / Uo. 21,609 Uo. 15,356 Uo. 21,195 Uo. 21,921 Uo. 21,499 UO. O 1 o o c 21,Jo5 Uo. 20,926 Uo. 10,009 Uo. 20,073 Uo. 21,01 1 # Uo. 15,354 Uo. 21,733 UO. 15, /64 rnelps, Uodge, & Co. 15,820 K. ii(Vans ct Co. 20,231 Uo. 20,633 Lyon, Wright, & Co. 22,541 TOT ^ D /~1 J. & J. Stewart & Co. 16,260 C. w. Vorwerck 21,763 B. Stagg &. Co. 22,243 Rowland & Aspinwall 22,365 Walker Bro. 20,199 vv. b. JLJoardman - 10,029 W. Borine 19,524 Cn. Booth 20,209 V. Banalon S. 9,967 G. Bailey & Draper 19,993 J. Chambers 21,019 [6.] R. J. Cochran 20,061 Do. 21,039 Do. 20,806 Do. 21,037 • The last 6gure 3 erased in the original. 58 Doc. No. 13. (No. 10) — Continued. Jan ry 1 n lU J . csi, A. unaners *s. i^o. on OT1 S24Q1 7fi (( 1 /I 14 Tin, UO. - - - on T ^ Q /CU, /4y 9^i 1 ^fi AOL OO n 1 fi 1 D J. uooper - - - 1 /I 1 Q Q '~ 14,1 J J ^10 ULf 2 1 B. H. Downing . - - on Q 1 971 74 All 1^ u 1 O 17 U. - - - on (\A'\ 'i7fi 76 a on L/O. . - - on « >£U,OlO 000 / a A 4 T~\ 1 1 7-/-\ »-v-» o i-» Jkt iV/'I 1110 jjiKeman & iviuis « - - 1 Q 1 *? 1 y ,y 1 / 114 9f\ 11^ AKJ 6i 1 1 jjaivion cK. Dios, - - - on no7 q c:n ^4. ou 0^ 1 Q 1 J uo. _ - - on 1 ft'? fion fi4 Oovi OHt n 1 O 1 y uo. - - - on onn 1 1 fiR fiQ 1 , 1 00 U C7 JJO. - - - 2 fil 2 S4 l^r eu.j O 1 Uudbitjidin oi. Jr oiivcri 90 QOQ 4'i7 O.S r eor y O 1 rjuiaii & uoiiiver - - - OO 1 J4 i 41 fi SO 1 1 0\J O 1 1 . IjrlDDS - - - - OO Q'^Q 094 fiS i( O 1 1 isQaie ql - - - OO 497 ((' »0 A. Ogden - - - 1 0,404 TCI nn 101 UvJ lo ijr. ij. iviorewooci i^-o. 1 0,O / '^'^1 on Jan^ry 1 O J. uonnan - - - 9n fiQQ 167 00 reu ry o - - - 91 947 156 80 u 01 \j. xVlUcl OC Vyt>. - - - 22,291 693 40 o o J a. r . xiacnan - 99 '^7 332 75 Q R. Loreaux - 91 47Q 128 80 a JJO. - - 121 84 O 1 r . w . ocnmicu csc v^o. 99 7 'iQ 121 16 66 ' 21 Maitland, K., & Co. 22,435 241 60 i6 O 1 J. JJ. vv rigiiL ~ 09 4fi7 105 69 i( O 1 o. unappei - - 99 4Qf^ 597 06 a O 1 riorceau & J . u niuiier 99 907 176 31 Jan^ry 17 Wads worm csi oniun 90 67*? 184 76 r eb ry 21 DO. - - - 99 41 Q 320 69 O 1 IvlOll rXJUll _ - - 22,317 100 20 ^( 21 A. Richards ... [7-] 99 9'^7 226 96 ri4 010 651 21 Brown & Ives - - - 99 f^l 7 123 51 ^( O 1 r . & A. Lr. uarneb 145 93 66 1 R JjUQ Oi. Lxlllcld.Il 22,481 180 00 4( 17 Ja. Morrison & Co. 441 1 209 69 18 Marquand & Co. - - - 99 79Q 150 41 22 J. B. Lasala _ - - 99 471 193 41 18 Koberts, riros., & L/O. jN. Lobb - - - - 99 1 ft 308 82 44 18 99 99 110 06 44 lo T-Tor-icriVion 9^ TTrniihnTf _ 22,339 358 34 12 Phelps, Dodge, & Co. 22,197 549 16 66 10 Leve^^tt & Thomas 22,003 142 34 66 18 Piatt & Bros. 22,749 108 93 66 18 C. H. Marshall - 22,167 152 08 66 18 W. W. Chester & Co. 22,165 245 01 66 18 C. &. J. Barstow & Co. - ' 22,321 310 72 66 18 Walker &Bro. - 22,407 342 68 IS 10 18 18 18 18 18 IS 18 18 18 18 21 21 10 10 17 4 25 25 11 26 5 10 14 15 17 13 3 9 9 10 10 12 10 15 13 14 14 10 10 12 10 14 10 10 10 12 Doc. No. 13. (No. 10) — Continued. J . Hi. 11 V - _ - 9 9 '^'^7 Frpiirh & Adlard - - - 22,331 J. O. 1 llllllltJlllS » - - 99 90*^ L/idlK Cv V>011 - - ~ 99 741 T Ophon & Co - 22,599 tV . V> Illlc \V 1 Iglll - - - D Frv - - - _ 22,697 VSf, >V, 1>I tJ VV Uii UlU. - - - 22 647 i> tllSrU 1. T dllclloL y IltJ 0«L • 22 '^07 Tnmps: Millpr Sj Pn 1 Ulllcbj ivillicij CV. ou. • 22 1 '^l Ijr. \jrlt)Vc ^Vlpvpr T-fimpflpn 22,315 i>iciiiiubii Oi. rviiiiiu. ~ - 22 ^^'^ L.oiiciibi Cx jjcirucy 21 fiQQ L yO J J Tin - - - 21 fiQ7 uu. ~ - - Do - - - Do ... 1 4 OSS uu. - - - 1 T ,U O D l^CoUVcrj 1 liUIllclo^ OL v>U. •" 22 4f»Q vjr. TT lllLcilvt/1 - - - 211 4*^ /6 1 , 1 -to Crnr\\r Watt J?'^ Pr^ 1 Q Q Do. - - . 19,961 Tin uo. - - on Q71 Fir* on Q7'^ Fin on 491 Do. ... 20 '^fiQ Tin 01 Q'^l /« 1 ,o .) 1 Tsn 1 Q Q 1 JJO. - - - 0^ QO iiiouipson, Aiisiin, oi uo. ir^aii jienaiiia - - - O 1 ft 1 7 /6 1 ,o 1 / 1 ,0 1 1 1. vjri iineainai & uo. O 1 Q /I C 1 ,o4o X . xViorion _ «. „ O 1 Q Q O 1 ,ooo xviggs, 1 ayior. ci uo. JJO. - - - on /i Q 1 j. Ur. & tj. iDOher - - - O O 1 o r auei iMerie - - - o. lU,Uo / T. J. Bannon & Co. 22,039 A. E. Bone 22,091 K. Page 21,953 Grennell, M., & Co. 21,965 Colgate, Pollen, & Co. - 22,029 Russell, Matteson, & Co. - 22,669 J. Rankin 21,841 .N. Trotter & Co. - 22,011 P. Harmony & Co. 21,843 12 12 9 3 10 10 10 12 11 10 10 10 10 10 11 11 10 12 10 10 8 7 12 10 12 12 11 10 3 10 10 11 10 10 10 10 10 10 10 10 10 10 10 10 3 13 10 Doc. No. 13. (No. 10)— Continued. P. Harmony & Co. 21,731 Goodhue & Co. 22,213 Foster & Nitche 21,593 Do. 21,591 Stainer, Duteth, & Co. 22,583 Hicks. Laurence, & Co. 21,757 J. B. Lasala 21,651 J. Macy & Son 21,895 [9] C. Muer & Co. ~ 21,569 Do. 21,567 E. W. Canning 22,109 Chassuines & Paillet 22,123 Thompson & Co. - 21,791 Grennell, M., & Co. 21,831 Sherman & Gillelan 16,912 Do. 16,914 A. Frost - 21,743 Jenrenaud & Beguin S. 10,071 R. J. Walker 22,033' Jones, Walton, & F. Porter, Denny, & Co. 22,659 21,647 Do. . . 21,649 D. Rogers & Son 21,625 A. H. Dorr & Co. 21,861 E. Stevens & Sons S. 10,069 Masters, Markoe, & Co. 21,813 S. Guppy & Co. - 22,205 J. C. Heart! & Brothers 22,637 Goddard & Gleeson 21,849 J. R. St. Felix & Co. 21,665 Reybun & Andariese 21,551 Do. 15,529 Boorman, J. & Co. 21,537 Do. 21,539 J. S. Summers & Co. 22,191 J. A. Vorsen 22,299* Do. - - 22,309 J. R. Evans 22,521 G. B. Morewood & Co. 22,137 Donner & Rogers 21,969 H. Jessop 22,281 Wetmore & Co. - 22,385 Hebert & Sonteyran 22,269 C. Brugiere & Co. 22,153 [10] D. Jacot - - - 21,245 Ja. D. W. Stansbury 20,685 Wiley & Long 22,505 ♦ The last figure 9 erased in the original. % 10 12 10 10 20 10 9 10 11 3 9 12 12 12 12 12 11 10 10 9 12 10 10 12 29 11 10 12 12 9 11 11 3 10 11 12 10 11 12 10 11 15 12 9 9 9 9 10 Doc. No. 13. (No. 10) — Continued. Bach & Bradish - 22,023 W. & F. Jaques - 21,799 Lane, Lamson, & Co. 21,SS3 R. Bage & Co. - 22,559 L. Lorut - S. 9,993 Eorgler & Foley Berryman & Ebbets 21,773 21,875 Do. ... 21,879 Faber & Merle S. 10,053 Howland & Aspinwall s. 10,039 McAlpin & McFarlan 21,947 C. A. & E. Hickscher 21,993 Do. 21,995 Do. 21,997 Do. 21,999 Do. 22,001 T. Gibbs 21,617 F. S. & P. Schlesenger 21,977 D. Felt - - . . 21,599 J. Chamberlin - - . 22,031 De Rhani & Moore s. 10,067 Borceau & Muller 21,579 Do. 21,583 D. Watkinson & Co. 21,933 Spoffard & Tileston 21,281 Do. 21,615 Gibson, Sons, & Co. 22,279 L. F. Varet s. 10,059 A. Averill & Co. 21,857 J. Allerson - 22,573 S. Chappell 21,739 Do. ... 21,741 Philip & Eyterye 22,497 J. Beylard, jr. - 21,839 J. P. Garcia ... 21,829 J. Meyer & Son - - - 21,897 E. Hunt 21,643 E. W. & F. Trvon & Co. 22,129 F. Gebhard & Co. s. 10,065 Chastelain & Ponvert 22,695 Ja. Morrison & Co. 22,557 Meyer & Hupeden 20,453 J. Peters & Co. - 21,663 Ja. Morrison & Co. 21,711 F. S. & P. Schlesenger 21,975 Borceau Jumuller 21,581 Smith & Wright 22,241 Phelps; Dodge, & Co. 21,631 11 11 10 9 9 9 9 11 3 9 9 9 9 9 9 11 9 9 21 15 9 9 9 3 9 9 9 9 9 9 9 9 9 9 9 9 9 18 9 9 9 9 11 29 11 9 9 9 Doc. No. 13. (No. 10)— Continued. I Klindgen k Levenhazen - 21,927 Carey & Co. - . ^ 21,765 Salmon & Stuyvesanl 21,543 - C. A. & G. F. Everson - 21,607 Phelps, Dodge, & Co. 22,181 Do. ... 21,629 Goodhue & Co. - 21,423 B. Blance - 21,G10^V [13.] Hasluck & Buck - ~ - 21,671 Do. - - . 22,219 A. W. Spies 21,707 Littlefield & Shaw 21,745 W. Whitehead - 21,399 E. P. & H. Heyer 21,095 Do. ... 21,097 C. Brugiere & Co. 21,835 L. F. Varet 21,549 J. R. St. FeUx & Co. 21,669 S. T. Tisdale 21,186 Do. . - - 20,894 J. Gehon & Co. - 21,755 Webb & Tinson - 22,013 W. & B. F. W^heelwright & Co. - 21,627 A. &S. Willets - 21,299 W. Whitewright - 21,693 Do. ... 21,695 Tomes, Miller, & Co. 21,395 Do. 21,457 J.Bach . - - - 21,513 McCurdy & Aldrich 21,517 Do. - . - 21,519 J. T. Dolan 21,441 Do. ... 21,443 Gracie & Sargent - - - 9,687 Wolfe & Clarks - 22,627 C. H. Russell & Co 21,989 Do. 21,991 Van Amburg & Magec 20,617 Cripps & W^yeth - - - 21,637 T. Dean - - - - 21,511 C. n. Sand 21,461 J. W. Tait 22,211 Arnold and Latlirop 21,871 St. F. Dorr & Co. - 21,421 Do. ... 22,047 Do. - - - 21,491 Do. . - - 21,493 Do. 23;027 11 10 11 11 10 10 10 10 11 11 11 10 o o 10 22 11 11 10 10 9 9 9 9 9 9 9 9 11 10 10 10 10 11 10 18 10 10 9 9 9 10 10 9 9 7 3 9 Doc. No. 13. (No. 10~Contiiiued.) P. & J. S. Crary - Young, Smith, '& Co. Back & Bradish - E. P. Geer Desdesiiies & Boosard Do. J. E. Plyde & Co. - Pfieffer & Wiseman Chastelain & Ponvert Means & Sprague J. 1). Wright P. J. Nevins & Son C. W. Vorwerck - E. Boisresard T. J. Barton Grennell, M., & Co. Do. Fellows, Read, & Co. Do. D. Fry - [12.] Pruyn, Wilson, & V. 'Do. C. Donaldson & Co. L. Benedict & Son Do. J. & J. Stewart & Co. - 'Do. E. & G. W. Blunt J. Hutchison C. H. Sand Do. P. Harmony & Co. Musegaes & Glumn F. Gebhard&Co. - R. Grace [January] Engler & Foley - Brothers Melly - Stout, Ingoldsby, & Co. F. Shelden & Co. - J. S. Summers Goodhue & Co. E. CoUamore Whitney & Foster Thompson, Austin, & Co. - [14.] C. Ahrenfeldt J. & J. Stewart & Co. P. & J. S. Crary - 9 9 9 9 9 9 3 9 9 9 9 9 9 9 9 9 3 9 9 9 1 9 9 3 9 9 3 13 21 1 10 12 11 9 9 9 9 9 9 14 19 5 7 6 5 20 18 23 Doc. No. 13. (No. 10)— Continued. P. &. J. S. Crary - 21,689 S. Cochran . - . 22,689 J. Reese & Sons - - . 21,469 J.Hill 21,525 Tisdale&Co. 21,717 Paton & Stewart - 21,509 C. Jegaiimey - 21,515 W. W. Seymour - - - 21,777 T. L. Chester & Co. 21,955 Do. ... 21,959 J. P. Moore 21,455 A. Baker . - . 21,467 Gravely & Wreaks 22,625 P. J. Bujac 22,163 Sheldon & Phelps - 21,485 Walsh & Mallory - 21,747 Hoguet & Son . - . 21,459 Kelloggs & Son - 21,575 Thompson & Co. - 21,789 Roberts, Bros., & Co. 21,703 C. Richmond, jr. - 21,913 G. Webstur & Co. - 21,925 Lane, Lamson, & Co. Schuyler & Swords 21,881 21,311 H. Wolcott 21,375 Do. ... 21,397 Do. ... 21,287 H. E. Wilson - ' ^ 22,347 Hogan & Miln - 20,822 Do. ... 19,583 Do. - . - S. 9,919 Do. - . - S. 9,937 J. D. Wendall 22,177 [15.] A. H. Dorr 21,859 J. J. Roosevelt & Son 21,505 F. Nostrand & Co. 21,795 B. Pike & Son 22,359 J. Blackburne, jr. - 22,531 J. A. Voison - 22,301 Wolfe, Bishop, & Co. 18,684 Do. - - . 571 Wolf & Bishop - 17,782 Do. . . - 18,390 Do. . - - 18,234 Do. ... 18,388 Do. . . - 17,266 Do. 22,641 Do. - - 22,639 17 7 15 13 20 7 9 2 16 17 14 19 7 6 6 5 20 11 ]7 17 10 3 17 23 13 7 15 24 24 23 IS 15 12 14 12 11 12 18 23 3 9 13 17 13 13 3 23 Doc. No. 13. (No. 10) — Continued. >Vt?iJl-i UOUglclSS 1 0,^ Jj^ r ooic J oic-iiiiigj cc oo. »l . 1. UOiaii - " LfO. - - - 1 on Q09 .UO. _ _ - 1 / , 4 4 IJU. - _ 1 7 m O IJO. - _ . UO. _ _ - LffJ. _ _ - 1 ^ 70 e 1 O, / UO. - _ - 1 0, / ^^0 1 ~ J J o o JJU. ' - - 18,955 Do - . - 17 OQo UO' - - - o Q nd o ~ o,U4 y UO. - - - 1 7 Qf\ ' 1 / ,DoU Fin 1 7 Q o 1 / ,r)o.i /\. V. r\o??>i _ _ - 1 o 7 7 ri 1 d.lv>011>> »X V/l'. - _ - 91 QCl T D Wrio-ht (1 . IJ, >>lli^lll - _ - 10,000 no. J TVr Dp Piiorpr _ _ _ 23,057 ndi I Jiii . - 00 1 ^ ^ l-i. IV. JDl llii^C _ _ _ 01 411 1 Il('i])vS, iJOUgUj Oi. vvO. 1 R 00 «^ 90 1 -c ^ , 1 y # TVC ' UO. - _ - L/. r)iaiclvC - » - Too aocii JlUnDilKl «ix L-asev - - - '&o,4oy .MOliei oil v^p[)hIIIltJlllK I 90 IJO. - _ - on Q Q c KlggS, 1 .J OC UO. - - - 00 (HI x^. oc J. r>. ^.rary - - - 00 1 T 44y4 1 / It. r^clltlSOll L/0. - - - 1 T n 1 1 /,Uoo IJ. L I aw 101 (I 6c UO. 1 o,4oo Duiiscoiiib, Bros. - - - 2 1 ,94 y Desilvor, Thomas, & Co. on "7 "T c ^U, / / iJo. - - - c\r\ A n 20,4o5 J . Jcjniiin - - - 01 0^ Q 1 ,y Oo Kissarii & Co. _ _ _ 00 Q -1 UO. - « _ 00 « 1 7 Do. - > - 21 473 Do. . _ . 21,477 Do. ... 20,283 L. Macassav - - - 16,186 Miller & Smith - 20,727 Do. - . - 20,729 Do. - - - 21,407 Do. ... 22,693 5 * This sum erased ia the original with pencil. 66 Doc. No. 13. (No. 10) — Continued. Feb'ry IS Miller & Smith ^^ o O iviaicu 7 B. Bianco - ^^ orooni, Ijios., & x^o. a c O uu. ^^ y Davis & Brooks [r eu.j 1 O J. Pegg n 7 1 r eD ry R. Armstrong (J y A. ij. JbayiGS oi, ^Lo. Boothj Tonilinson, & B ^( o Zo i( O Q UrUDert, liauey, ol .u. a oo fV . ijo wiie - Jan'ry e D J. Chamberlain r eo ry O Q J. A. t^ndrieis a. uo. 2U 1^*0. 20 JJO. 2 J J. vy'Omidfi O Q ol. r . JJOri 01. kjO. 2 J Decasse, Miege, &. Co. a 1 7 Do a 1 fi X u Do, a Do a o Do. 10 JUO. o O VQ. 9 uo. Mareh 7 Bcrryman & Ebbets 1* eb ry 15 uO, JViarcn Q vv fiit^iicy u lO y J . oL VV . iJidCivtiLLb 12 1j. Ijrravcb Cv l^O. 15 JJO. ■U March 5 Jo 1 . L^aicia reb ry y JxlLKlilclil Jan'ry 13 Tin Feb'rv 14 B. Graves & Co. a 23 Do. - March 8 A. & S. Porrot Jan'ry 11 MoUcr & Oppcnheinie [18.] 21 MoUer & Oppenhcimo March 9 J. McCall - 3 T. S. Chester &. Co. - * This sum erased iii the 22,691 ^S104 80 21,371 1,399 30 22,605 - 1,511 13 22,923 336 31 17,804 360 00 17,806 161 00 18,270 1,080 00 17,250 471 00 21,197 '19,440 94] 135 52 *22,703 [22,221] 22,813 172 88 1,010 90 22,859 188 52 22,265 190 55 19,859 127 18 22,653 259 12 16,440 113 00 16,438 687 00 22,751 175 88 22,657 358 82 S. 10,129 206 09 16,456 364 00 16.268 112 00 17,110 237 00 15,218 7 589 00 22,085 104 20 15,352 381 00 22,017 258 48 23,111 695 00 22,203 885 88 37 261 60 S. 10,109 383 81 S. 10,113 422 12 22,201 299 10 22,513 242 93 S. 10,073 853 71 22,009 117 18 22,275 388 06 17,546 235 00 22,609 103 12 21,089 106 36 S. 10,105 679 66 S. 10,103 709 70 17,964 105 00 20,023 2,173 14 [15,332 51] 616 70 20,886 2,177 195 77 22,947 125 90 uiiginal with pnciL 3 10 15 9 9 10 23 IS 15 7 6 21 21 24 10 3 26 20 23 4 4 26 24 25 1 3 3 10 22 25 25 25 3 23 23 23 12 9 IS 24 17 7 8 10 10 23 19 14 Doc. No. 13. (No. 10) — Continued. r ellows, uaigill, & Co. 2 l,22o JJO. - - - 21,807 UO. - - - 2 1,809 UO. - - - - O 1 /I 1 '7 Tin Qi 4.4 Tin JJO. - - - o 1 ^ UO. - - - /i-i ,0 i y UO. - - - 22,1 / 3 Persons &. Hughes 1 (),^ io J. J. oiuaii o r> o y,o23 Xl.yillcll VyU. ^ , V O o UO. - - - oo O C 7 UO. - - - o o 1 o 1 UO. - - - 2 i j44o liyClR Oi. IjrOOClllCll - L. Sti'tisser 21,117 Uu. - - - j.\auiani, jjoiuuc[ueL, o»l oo. o. 10,12 / J. Mayer - - - 1 5,1 92 UO. - - - 1 0,1 bo UO. - 15,1 94 J. Oc U. L/iaiK Oc llUllL 1 Ojy /U rx. U. 1 llCkt^l b. 9, /So t'i-] r\A Ly. v^aiiieuge 21,327 Tin UO. - - - 2 i,0>/C.3 # Do » X>'L'. - - - O 1 O Q UO. - - - ii2, 14o UO. - - - - 22,555 urowii, Jtjios.j oc 1^0. IT oner 1 UO. - - - 1 7,088 It. ijrrove - - - 1 6,942 ijr. r^atiison oi Co. - 14,948 [19.] Ogden, Fergu.son, & Co. 22,687 vv. ci J. r!)tiiart 22,671 J. 1 egg - - - 183 n. oCOiL - _ 2 1,8 o 7 rlall & rJros. 22,453 1^ oster & INitchie - 22,533 jj. ue r oiiest & UO. b. 9,989 Do. - on '^'57 Do. - 19,799 E. Riggs - - _ 21,827 J. C. Haiscy &Co. S. 10,057 G. Chance 21,605 J. & J. Stuart & Co. 22,501 J. & F. S. Winslow 20,936 Do. - S. 10,081 14 3 11 23 23 24 24 13 13 24 24 23 23 24 23 23 22 23 22 22 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 22 23 23 23 22 23 23 23 23 23 23 23 Doc. No. 13. (No. 10) — Continued. J. & F. S. Winslow H. Dammeis Brown, B., & Co. P. & J. Ciarv E. & W. Hull J. Correga Means &. Sprague Stout, Ingoldsby, &. Co. - Do. - Osborn & Youngs - Middletons & Co. - Webb & Tinson - Schuyler & Swords F. Stoppom A. C. Rossere Thompson & Co. - Cripps & Wyeth - E. Stevens & Sons Holbrook & Ferme Holbrook, Greene, & Co. - Crumby & Draper [20.] Tomes, Miller, & Co. Congdon, Binns, & Co. Congdon & Rowland J. M. Bruce - • Walsh & Mallory - J. Elwell - Sands, Turner, Fox, & Co. DeRham k Moore Do. - Smith & Wright - P. A. Bruthaupt - Bayard & Deloynes Clack & Colt W. Van Antwerp & Co. . J. Cheeseman F. Nostrand & Co. Fleming & Hone - A. Mathey & Co. - Porter, Denny, & Co. J. Latour - Littlefield & Shaw R. C. Smith Ibbotson, P., & Co. T. L. Chester & Co. Arnold & Lathrop W. W. Chester & Co. 21,81.0 15,360 15,677 22,539 22,787 22,459 22,463 73 75 22,643 22,423 22,677 22,705 22,565 22,417 22,681 17,292 S. 10,093 17,018 17,758 23,033 22,941 79 22,017 22,523 22,455 22,707 S. 10,123 [3] S. 10,125 22,745 22,397 10,169 23,021 22,701 16,732 22,845 22,613 22,903 22,655 S. 10,101 22,489 23,509 22,827 22,675 22,615 22,649 23 23 22 15 23 23 23 23 23 23 23 23 22 23 23 23 23 23 23 23 23 23 23 22 22 22 22 22 22 22 23 22 22 22 22 21 22 9 22 22 22 22 22 3 22 22 17 T)oc. No. 13. (No. 10) — Continued. W. W. Chester & Co. J. Gehon & Co. - Do. - Cripps & Wyeth - Follen & Cnesta - Crafts, Stevens, & T. Do. - Do. - Jee, Morrison, & Co. G. H. Rnssell & Co. [21.| Snelling, Strong, & Co. Woaman & Wyckoff R. Spur & Son W. White wris^ht - G. Webstar &r Co. J. Robertson R. Braem Otis & Mason Bunker & Co. L. D. Wright Jeanrenand & B. - W. Whitehead Brander, Murray, &: G. J. N. Gosler J. Mayer - - Wftdsworth & Smith J. Gravillon & Co. C. P. Leverick C. F. Codwise De Rham .fc Moore GrenneU, & Co. G. F. Darby Bradford & BaUard Maitland, Kennedy, & Co. Graham & Schnudler J. Gehon & Co. - P. & J. S. Crary - Smith & Ruthven - T. Gibbs - . - A. Casselle T. Victor & Duckwitz G. T. Trimble Miescgaes &: Glum G. Patlison & Co. Laing & Randolph S. Sadler - [22.] J. Vincennes 22,6.51 22,603 18,240 16,230 S. 10,125 22,661 22,663 809 S. 10,117 22,597 22,727 22,457 22,479 22,561 22,547 22,847 S. 10,097 22,591 22,475 22,635 S. 10,131 22,477 22,645 22,415 22,545 22,421 22,361 22,439 22,273 22,549 23,291 S. 10,115 22,679 22,433 22,323 22,601 22,537 21,907 22,673 22,535 22,413 22,373 22^493 16,056 22,815 22,629 20,439 20 22 21 14 21 21 21 21 21 22 22 22 22 22 21 21 23 12 21 20 21 18 21 22 11 3 5 22 6 9 15 13 14 6 9 3 1 9 20 15 15 15 5 21 11 11 12 12 Doc. No. 13. (No. 10)— Continued. 16,334 IT. ila-lLliUHy V-/(J. ~ op QQQ J. Jr. UrctldcL ~ - 99 4Q7 Baillv, Ward, & Co. 22,259 iJ • X v^LlllVv-' \X. OV^liO 22,51 1 F. Dodd - - - 22,229 E Stao-p- & Co 22,245 92 SI Q T Dwio^ht & Son 22,495 22,487 1 y inciii vx x-4iju\j\.o ~ 22,621 22,311 C. Richmond, jr. - 22,327 A & S Wellpts 22,529 Do. - 21,937 r Colpmaid & Co - 22,799 J-/ Lllio*_. Vill U vx JJIUO. ~ 20,703 1 Tndlinntor Sj Co S 10 107 T.pwi'? Cn - - \v lo vx ~ 22,189 X-/1.- UC V OtCi vx VT llilllidloXX S 10 099 T Jttlp'fiplfl Ri Shaw - X-. U . - 1 3*^0 30 X , 0/6 w 0\J '3 E. Baker Co. - - - 489 945 94 t; 14 H. Lacoste . » _ 20,310 208 00 Ifi 77 OQ'i OS 1 6 Riaas T & f O - 783 977 47 a 16 J. iSc J. Stuart . - _ S29 250 80 1.5 Do. - - - 20,356 149 00 •J. >» . ir»it\\ ii I c " — — on otio 1 y o vju a 16 Smith ^11 Ql 1 07 1 1 .wtU At^ r53'i [OJJ IS T. Peck oo 77Qr V 1 266 47 \nril 16 Klominfy X: IT .SI ^ 1 650 7^ A , U O V/ 1 f)o - > - 1 ,oOO o 1 y 1-u r40 8<)S OQ"l 1 4 rnl\' ^n(^i _ - _ • 1 U I \ VX ...ICUl - — - on 7n<^ 7 ^ nn o / O uu 1 7 Pfieller ^ - 7fw 1 34 '5 11 A , ■ J T ..^ X A Feb'rv 23 Salft-rs &. Co - 3 06 9 44 \ nvil ' A > . A Ct \ lUl , J I . ~ - - 1 Q Q '^zl 1 y,y o-t '^m nn ou 1 uu .i o Do - - . 1 Q '^4 1 '^o nn 1 oy uu (i 1 7 1 # Davis & P, - - - on ATR 701 nn / -i 1 uu .>ltll C i 1 •i I) vjr . X clllt;c>Uii VX V^U. — O 7 Q (I oi fi on 0,^10 /£U j.\.pi 11 1 il 1 u J>. VX >> . llCllUCloL/ll - / oy 1 Qn SQ 1 oU Oo 20 E P. & H. Hever 2,341 128 76 i'. P ^ I S Crarv Q41 1 044 1 S a .~. ^^/UCIUclIl _ _ _ 1 ,o4o Q Q 1 /J Q oo 1 4 O %i on llullL «X 1)1 UUK^ - - - O Qn T / yo 1 on O. V.TC11UI1 CS. \yU. - - - 1 fi')i 1 ,y2 1 1 '3^7 nT 1 ,oO / U / ik 1 o lllCKiliall - - _ 2 1 ,U.vU 1 n^y nn a R Tatl'nv X- Crt Av. »iciniixy IX - 1 ,o * 1 OO 1 f^o a 20 Mansfield, Aniorv, &. Co. [34.1 L J 957 922 32 [58,530 56] i: 20 L Strassor . - . 21,120 237 00 a 20 Foote, S. & 11. . 883 631 57 20 A. Michau - - - S. 9,972 6,544 00 i* 5 1 Decasse, M. & Co. 2,749 261 97 20 i Phelps, I). <^ Co. 1,125 372 74 20 J. Adams S. 10^014 306 00 [66,883 84] 15 15 3 21 20 23 23 20 23 23 23 20 25 25 25 25 25 25 21 22 25 25 26 25 27 27 25 27 26 27 27 27 26 3 5 21 26 26 26 28 28 26 26 28 2 o Doc. No. 13. (No. 10)— Continued. R. Glover Do. H. Wilson A. H. Dorr & Co. C. Colemaid W. Redmond T. Lowe & Co. - Parsons, H., & Co. J. & T. S. Winslow J. & A. Charters & Co. Do. J. Blackburn C. Cope - Mederer & L. Hagedon, L., & Co. Do= E. Haisey Pope &Aspinwall C. Richmond, jr. Do. J. Cooper R. Jaffray & Co. C. H. Sand [35] J. B. Hoisiead - H. Jessop J. Mortimer, jr., & Co. F. G. Berteau Field, Thompson, & Co. J. Bach - Maurice, G., & Co. Shelson & P. J. & J. Stewart - Legaux & P. Davis & Brooks - Do. Do Decasse, M., & Co. Do. Do. Congdon, B., & Co. Do. C. Cope - Do. Stone, S., & Co. - Moller & 0. Do. Doc. No. 13. 79 (No. 10) — Continued. Febr'y 11 1 Moller & 0. - 21,553 ^1,911 90 11 Do. _ - - 21,555 955 02 April 20 H. Fisher 20,925 291 00 u 28 Walker Bros - _ _ 2,769 315 48 r7i a 28 Do. 2,971 372 20 u 26 S. Mange - 2,681 121 03 April a [36] [23 903 001 I ^Kjm\J\J\J \J\J 1 28 J. & J. Stuart & Co. 2,041 407 67 28 Do. 2,043 636 96 i( 28 Do. 2,049 608 72 u 30 Rogers, K., & G. - 2,869 106 84 "[27]2S G. W. Tysen & Co. 2,595 210 00 " [2S] Do. 2,601 142 16 u 28 Do. 2,599 208 64 28 Ogden, F., &C. - Cary & Hart _ _ . 1,343 1,592 40 u 30 3,149 176 44 u 28 W. Redmond - 1,681 532 44 u 28 Do. - - . 1,683 918 40 a 28 G. Hardin _ _ _ 1,481 867 42 27 T. Peck - - . . 3,014 162 43 u 13 G. Patteson & Co. 20,558 kJ\J\J \J\J a 23 R. Hutton 997 207 5S Febr'7 17 Do. . . _ 22,147 177 56 April rsi 3 58 (TCI 30 C. T. Sliipman - 243 36 ^(j J. ^ J. Stewart - . _ 30 Downer & Roofers o 2 fill 390 00 30 J. McCrea - _ _ 1,903 607 34 U 28 Huntingdon &: Co. 2,407 128 53 iC 28 Do. 1,549 179 33 li 28 Do. 2.409 104 56 Ci 3 Godfrev Patti «?np Rj Cn qn7 1 Cs oU / 1 u a 27 Jacob Smith B & Cn O ^A} O JO .( 6 P. & J. S. Crary - 2,982 135 78 u 6 A. & A. Hunter - 2,087 426 00 Ap'l 5 Delano & Laryden 845 238 64 (( 5 Do. ' - 335 243 29 (( 26 Do. ... 2,799 100 80 May 8 St. F. Dorr & Co. « 2,912 218 10 < 3 Phillip & Eyterve ^ 2,249 319 00 [5,358 43] 9 Marqnand & Co. - 3,257 106 65 u 9 Hart, Leslie, & W. 2,914 126 03 [39] [5.591 11] Ap'l 28 Stickney & Hale - - ' - 3,749 132 72 May 10 E. Fridler & Co. - 3,757 169 04 6 ivieyer & H. 2,71 5 1,623 12 Ap'l 28 B. Gardner - 2,551 342 22 28 Do. - 2,553 349 16 28 E. & J. Smith 2,337 217 93 May 10 G. B. Morewood & Co. - 22,138 124 00 [8,549 30] [De'dact bonds of Lee, Savage & Co.] [1,154 15] [.S7,395 15] (No. 11.) CusTOM-HousE, New York, November 17, 1838. Sir: The enclosed paper contains a recapitulation of the amount of bonds as exhibited by the list delivered to you yesterday. It may be of service in your examination of these bonds, and I have thought it advi- sable to forward it to you in the state in which it was originally prepared. I am, respectfully, your obedient servant, J. A. FLEMING, Auditor. Henry D. Gilpin, Esq., Solicit 07' of the Treasury. 6 82 Doe. No. 13. (No. 12.) 1 - .Si 2,41 7 34 F : 20 - ^16,509 76 2 12,029 91 21 14,677 03 3 18,963 54 2-2 22,421 57 4 18,912 42 23 29,853 02 5 11,195 08 24 14,894 89 G 14,010 65 25 24,169 00 7 10,176 41 26 17,850 87 S 18,142 00 27 10,894 87 18,932 05 28 12,250 S7 10 > 13,192 40 29 13,732 48 11 11,921 95 30 17,58S 73 12 17,457 17 31 11,782 91 13 1 / ,923 20 32 15,266 88 14 10,947 29 33 24,452 79 15 9,747 19 34 13,881 37 K; 19,440 94 35 18,374 91 17 - 14,332 57 36 12,711 59 18 - 14,877 40 37 18,169 81 19 18,295 93 38 4,932 84 1^597,331 63 (Xo. 13.) Know ail men by these presents, that I, Samuel SwarUvout, of the city of Nev/ York, have made, constituted, and appointed, and by these pre.s ents do make, constitute, and appoint, Henry Ogden, of the same place, my true and lawful attorney, for me and in my name, place, and stead, and unto my use, to ask, demand, sue for, levy, recover, and receive all such sum and sums of money, debts, rents, goods, wares, dues, accounts, and other demands whatsoever which are or shall be due, owing, paya- ble, and belonging to me, or detained from me, in any manner, way, or means whatsoever, by any person, body politic or corporate, or number or association of persons whatsoever; and to make and execute for me and in my name all deeds, bonds, mortgages, leases, promissory notes, receipts, acquittances, contracts, and agreements, v^'hich I might or could do if per- sonally present ; giving and granting unto my said attorney full power and authority to do and perlbrm all and every act and tiling whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, worn, dwelling in the city of New York, puroonally came Samuel Swart- wout, and acknowledged that he executed the above letter of attorney. , . In te^tunony whereof, I have hereunto subscribed my name and ^ ' atTixed mv -eal <"»f ofiii'e tlie dav and year last above written. J. BEN WOOD, Nof. Pi,h. Stai'k of Nkw York, ^ . Cify and county of N, F. 5 On the third day of October, eighteen hundred and thirty-eiglit, per- sonally came before me Joshua Philhps, subc^cribnig witness to the withm power of attorney, to me known, who, on being duly sworn before me, did depose and say tliat he resides in the city of New York; that he is ac- quainted with Samuel Swartwout, and that he knew hiin to be the same person described in and who executed the within power of attorney; that he saw him sign the same, and thai he acknovvledged that he executed the same in his presence, and that he subscribed his name as a witness thereto. ISAAC O. BARKER, Conunissioncr of Deeds, Recorded in the offivc of the register of the city and county of New York in lib. No. 4 ot Powers of Attorney, page October' 3d, 1S3S, at 10 liiiiiiites past 1 P. Executed by J AS. Gb'LICK, liegisler. ' Nuw Ynr»K. Norember 5, 1836. I hereby certify tlie foregoing to be a true copy of an original letter of attorney, with the certificates thereunto amiexed, carefully examined and compared by me ; which original is on hie in the transfer olhce of the ]Ma n ha t ta n Com } >an y . , In testinaony v." hereof. 1 Ijave subscribed my lianic and affixed my ^ ' oillcial seal to tiiese presents on ilu^ day and year above written. G. \\\ HEELAS, Not, Pub. (No. 11.) • ^ I hL uiJeiitme, made the tenth day of No\ ember, in the year one thou- ^jand eight hundred and thirly-eighl. between Samuel Swartwout, of the city of New York, by his attorney in Aict Henry Ogdcn, of the first part, and Henry U. Gilpin, Solicitor of the Treasury of the United States, for the use of the United States, of the second part : Whereas the, said Samuel Swartwout is juttly indebted lo the United States of America in the sum of one million of dollars: Now this indenture whnesseth, tliat the said party of the tirst part, for the better securing of the i>aid sum of money, and also in consideration of the sum of one doUaj- 84 Uor. No. lo. to him paid by the parly o( the second j>ait, before the seahiig and deliv- ery of these presents, the receipt of wliieh is hereby acknowledged, has granted, bargained, and sold, aliened, released, conveyed, and confirniedj and by these presents does grant, bargain, sell, alien, release, convey, and confirm unto the said party of the second part, his successors and assigns, for the use aforesaid, all those certain thirty lots of land situate in the twelfth waixi of the city of New York, which were conveyed to Samuel Swartwout by Jared Ayres, by deed dated tlie 26th day of December^ 1833, and recorded in the register's oliice in the city of New York, in li- ber 206 of Conveyances, page 573 ; and also all that certain tract of land situate on the west bank of Plarlaem river, in the State of New York, ad- joining McConib's dam, containing, in all, about ten acres of land; and also all that certain dwelling-house and lot of ground situate on the north side of Eighth street, in the city of New York, at present occupied by the said party of the first part ; and also all the right, title, and interest of the party of the first part in any estate, real and personal, situate and being in the State of New York, together with the appurtenances thereto be- longing, and all the estate, right, title, and interest, in law and equity, of the said party of the first part hi and to the said premises, and every part thereof, with the appurtenances : to have and to hold the same to the said party of the second part, his successors and assigns forever: provided al- ways, (and these presents are upon this express condition.) that if the said party of the first part, his heirs, executors, and administrators, shall pay to the United States of America the said sum of one million of dollars, and the interest thereon, within one week from the date of these presents, then these presents, and tlie estate hereby granted, shall cease, determine, and be void, but otherwise to remain in full force. In v/itness whereof, the parties hereto have set their hands and seals the day and year first above written; the said party of the first part, by his attorney duly appointed for that purpose, by letter of attorney dated the 4th of August, 1838, now on file in the transfer ofiice of the Manhat- tan Company, New York, and recorded in the register's ofiice in the city of Nev/ York, in liber No. 4 of Powers of Attorney, page 136. a copy of which letter of attorney is hereto annexed. SAMUEL SWARTVvOUT, % his attorney HENRY OGDEN. [l. s.] Signed, sealed, and delivered, in presence of JosHU'V Phillips, Rob. B. Adams. CriY of New York, to wit: Be it remembered, that on tliis tenth day of November, m the \'( ar of our Lord one thousand eight hundred and thirty-eight, personally appeared before the subscriber, mayor of said city, Henry Ogden, attorney of h'am- uel Swartwout, the within grantor, to me known to be the individual de- scribed in and who executed the foregoing instrument, and acknowledged the foregoing instrument to be the act and deed of the said Samuel Swart- wout, and desired that it might be recorded as such. In witness when^of, I have hereunto set my hand and caused the seal of the mayoralty of the city of New York to be atfixed to.these pres- otitt;, on the dav and year first above written. AARON CLARK, Mayor, [l. s.] Doc. Xo. 13. 85 Register's Office, City and county of New York, I do certify that I have compared the yjreceding witli the origiiiai insf ru- ment which is recorded in tldr. office, ou the lOth day of November in- stant, at 50 minutes past 3 P. M., and the same is a correct tran5;cript therefrom, and ol the Vvdiole of such original instrunjcnt, which purports to be made by Samuel Swartvxrout, by his attorney Henry Ogden, to Henry D. Gilpin, Solicitor of the Treasury of the United States^ for the use of the United States. Given under my hand this 12th dav of November. 1838. W. CORP, D. Rfgis,*rr. (Mo. 15.) This iudcnturc, madt- tlie tenth day of Noveiiiber. ni the yf ai one tliou- sand eight hundred and t^iirty -eight, beivv^een Samuel Swartwout, of the city of r>^ew York, by his attorney in fact Kcnry Ogden, of the first part, and Henry I). Gilpin, Solicitor of the Treasury of the United States, for the use of the United States, of the second part ; Whereas the said Samuel Swartwout is justly indebted to the L'uitcd States of America in the sum of one million of dollars: Now tins indcjjtiire witnesselh, tliat the said party of the first part, for the better securing of »lie said sum of money, and also in consideration of the sum of one dollar to him paid by the party of the second part, before the sealing and deliv- ery of these presents, the receipt of v/hicli is hereby acknowledged, lia.-^. granted, bargained- and sold, aliened, released, conveyed, and <:onfir!ned, and by iliese presents does grant, bargjuiij sell, ahen, release, convey, and cofifirm unto tlie said party of the second part, ins successors and assigns, for the use aforesaid, all that certain tract or parcel of land situate in the eount}' of Bergen tUid State of Nev; Jersey, known as Swartwout's Upper Mei:dov/s, containing, in all, about four hundred acres: and also that certain tract or parcel of land sitULitc m the said coimty'of Bergen and State of New Jersey, known as Swartwout 's Bergen Hill property, f'«>n- Taining, in all, about thirty-iive acres; and also all that tract or ])arcel of land situate in the said county of Bergen and State of New Jersey, known as Swartwout's Hoboken jMeadows.conrainmg, in all, about three huiKlred and thirty-three acres : and also all the right, title, and interest of tlinp;n ty of the first part in aU and any estate, real ;iiid personal, situate lUid bein^: in the State of New Jersey, togetlicr with the appurtenances thereto be- longing, and all the estate, right, title- and intere.st, in law and equity, v( the said party of the first ]\art in and to tiie said premises, and every part thereof, with the appurtenances; to have and to hold the same to tJie said party of the second part, his successors and assigns, forever : pro- vided always, (and these presents are upon this express condition,) that if the said party of the first part. Ins heirs, executor. , and administrators. rJiall pay to the United States of America the vsaid sum of m\c milhon of dollars, and the interest thereon, within one week from the date of these presents, then these presents, and the estate hereby granted, shall cease and determine, and be void; but otherwise to remain in full force. In whness whereof, the parties hereto have set their hands and seals 86 Doc. Xu. 13. the day and year first above written; the said party of the first part by his attorney duly appointed for that purpose, by letter of attorney dated the 4th of August, 1S3S, now on file in the transfer office of the Manhattan Company, New York, and recorded i^i the register's office of the city of New York, in hber No. 4 of Powers of^\ttorney,a copy of which l.Ptter of attorney is hereto annexed. ^ SAMUEL SWARTWOUT, Bi/ Ins attorney HENRY OGDEN. [l. 5.] Signcdj sealed, and dehvered, ni presence of Joshua Phillips, Rob. B, Adams City of N^. w York, ta vnl : Be It remembered, tliat on this tenth day of November, in the year of our Lord one thousand eight hundred and tlnrty-eight.personaiiy appeared before the subscriber, mayor of Ih.e said city, He;nry Ogdeii, attorney of Samuel Swartwout, tlic withni grantor, to me known to be tiie mdividual described in and who executed tlie foregoing instrument, and acknowl- edged the foregoing instrument to be the act and deed of the said Samuel Swartwout, and desired that it might be recorded as such. In witness whereof, I have hereto set my hand, and caused tlie Leal of the mayoralty of the city of New York to be affixed lO these presents, on the day and year first above written. AARON CLARK, ^JaI/ur. [l, s.] Received m the clerk's oflice of the county of Bergen, the 10*h day of November, A. D. 1S38, at h o'clock P. M., and recorded m liber J of Mort- gages, pages o22, and 323. SAIMUEL H. BERRY, Clerk, (No. 16.) Tins mdeiituie, made the tenth' day of November, in the year of ou! Lot'd one thousand eight hundred and thirty-eight, between Samuel Swartwout, of the city of New Yoik, br his attorney, Henry Ogden, uf the fust part, and Henry D. Gilpin, Solicitor of the Treasury of the United States, for the use of the United States, of the second part ; Whereas (he said Samuel Swartwout ia justly indebted to the L'niled Spates of Anierica in the sum of one million of dolla's: No\v, this niden- ture witncsseth, that (!ic said parly of e such modifications and improve- ments a& may suggest themseh'es to you, rn order that all defalcations hereafter may be immediately known, if possible ; and, in case that you should consider that further legislation nray be necessary to attain this object, 1 wish you to paint out (he defects that should be provided for, and also such additional checks that migh.t be imposed to prevent the em- bezzlement of the public funds by the collectors and receiveis of the public revenue.^' It may not be improper to state here that, by the 5th section of the act of 2d September, 1789, 'Mo establish the Treasury Department," and the 4th section of the act to provide for the prompt settlement of pub- lic accounts,'' aj)proved 2d March, 1817, the duties of the First Audi- tor are defined as follows ; " To receive all accounts accruing in the Treasury Department, and, after examination, to certify the *;alance, and transmit the accounts, v^kh the vouchers and certificate, to the First Comptroller, for his decision thereon." Now, if the " modifications and improvements" called for by the Secretary be confined to this office only, there are but two suggestions which occur to me, at this lime, as all that arc necessaiy, and steps have already been taken to carry them into effect. The first is, that the collectors be required to render an ac- count of all the outstanding bonds, showing their actual condition on the 30th September, 1838; and that hereafter, instead of recor^/i/?^ the bonds in this office, the bond accounts, as soon as received, are to be compared with the preceding original accounts, and all the bonds paid or put in suit during the quarter forthwith marked, so that the actual state of the bonds will always be exhibited simultaneous with the report on the ac- count of the customs. The other suggestion is, that the colJector of New York return, with his quarterly account of the customs, a copy of his suspense accounts,'^'' showing what items compose that part of the balance not consisting of bonds or cash on hand, so that, in stating the items of the balance at the Treasury, this office may be able to designate what is actually cash on hand from that which consists of unsettled and suspense accounts. But as this request of the Secretary embraces a pretty wide range, I may with piopriety be permitted, in my reply, re- spectfully to suggest some othei- " modifications and improvements," although, in doing so, f maybe trenching upon the prerogatives of others. It aj)pears, from the investigation recently made at the custom-house, New York, that on the debit side of their " suspense account" is found an item called " duties on merchandise," which means cash deposites for duties not ascertained ;" and this, according to their mode of keeping the accounts, has never been regarded as cash until the duties are ac- tually ascertained and settled, at some future day, wfth the merchant, but retained in the suspense account^ and returned by the collector to Doc. No. 13. m the Treasury, in his balance, as belonging to unsettled and suspense ac- counts. This practice placed at (he disposal ofthe collector a sum vary- ing IVom one hundred thousanrl to five hundred thousand dollars, not available at (he Treasury, for not regarded or returned asca^/?, altliough such de facto^ upon which (he collector might draw from time to time tor his private purposes, without any check upon him, even in the office of the Secretary himself ; and it appeared, on the recent investigation, that it was tfiis fund which first tempted the late collector of New York ; and it was only when this source was exhausted, and (he peculiar occasion referred to presented itself, (hat he seized upon the bonds. How il has happened that at New York these deposites for duties are not regarded as cash^ and at Philadelphia they are, and very properly, too, accounted for as such, this office has no means of ascertaining, having no control wha(ever over the internal regulations of the custom-house : but such is the fact ; the remedy is obvious. Again : the naval officer has always been regarded, not only as an aid to the collector, but an important check upon him. The 21st section of the " act to regulate the collection of duties on imports and tonnage" requires him, among other things to examine the collector's abstracts of duties, and o//ter accounts of receipts^ bonds, and expenditures^ and if found right, he shall certify the same." It is to be apprehended that the naval olficer at New York has not, un- der this requisition, considered it to be his duty to examine the cosh arid bank accounts, and although he has certified the bond accounts of 1837 " to have been examined and found to be correct," the fact is now ap- parent that they were not correct. Had this officer performed his whole duty^ this defalcation must have been discovered sooner. I w'ould, moreover, respectfully suggest that an examination be made of the con- cerns of the custom-house, occasionally, by an agent, as is the practice, I understand, in reference to the land offices, which would greatly facili- tate (he disco\%ry of malepractices where they exist, and enable the proper authority to apply the corrective. These improvements," in addition to the loeekly and monthly returns of ''^moneys received and paid at the custom-house^'*'' the '•^return of debentures^'*'' '-^ abstracts of bonds put in suit^^^ " summary statement of duties coUected,^^ sched- ule of bonds taken and liquidated^'*' &c., required for the Sccretary''s office, agreeably to ancient regulations and usages of the Treasury De- })artment, as imbodied in the circular of the Secretary of the Treasury, dated November 12, 1835, if properly arranged, and compared with each other, and with the quartei'hj account current of the customs, also for- merly entered on the Secre(ary's books as soon as i. ceived at thejoffice ofthe First Auditor, would, it is believed, furnish the Secretary the means of ascertaining defaults like these immediately after they occur. I have the honor to be, very respectfully, your obedient servant, For JESSE mi.hY.YL, Auditor. A. MAHON, C. C. To (he Hon. Levi Woodbury, Secretary of the Treasury. 98 Doc. No. 13. No. 17. Treasury Department, First Comptroller'' s Office^ December 1, 1838. Siu : Your communication of the 7 th ultimo^ in relation to the farge cash balance reported as in the hands of Samuel Swartwout, on the settle- ment of his accounts as collector of the port of New York, for the fourth quarter of 1836, was duly received at this office, during my unavoidable absence on public business. In this communication you remark, that with so large a balance (up- wards of a million of dollars) against the collector, he should have been reported at the time to the Department, unless he satisfied the then Comp- troller that the amount was properly retained to meet disbursements, or ivas on deposite ; and you request me to inquire and report to you why no communication was at that lime made on the subject to the Depart- ment from this office. In your subsequent communication, dated the 1 9th ultimo, you observe that it is essential tliat it should be ascertained, if practicable, why the great defalcation of the late collector at Nevv York was so long undis- covered ; and you request me to inform you of the causes why it was not in the j)ower of this office to report his defalcation when it first occurred, or at the different settlements afterward, before his lime of service ex- pired. As the inquiries contained in your several communications lead es- sentially to the same subjects of explanation, I beg leave to consider them in connexion, in the report which 1 have the honor to offei-. It may be proper here to premise, that as the present Comptroller came into office on the ist of March of the present year, and the term of office of the late collector at New York expired on the 28th of the same month, it must be obvious that, in offering explanations, the present Comptroller cannot have recourse to any personal experience or knowl- edge of circumstances during the period embraced in your inquiry, any more than he could have exercised any agency in discovering the defal- cation, either when it first occuried, or at any of the different settlements afterward, before the late collector's term of service expired. On the 16th of April, 1838, the accounts of the late collector for the third quarter of 1837, being then in course of examination in this office, and the accounts for the fourth quarter of 1837 in the office of the First Auditor, :.\ communication was received fromtiie Secretary of the Treas- ury, dated the 1 6th April, 1838, (A, vide Secretary's report, Doc. No. 9,) enclosing a copy of a letter addressed to him by Mr. Swartwout, dated the 13th of April, (B, vide Secretary's report. Doc. No. 3,) acco.-ipanying his return of moneys received and paid for the last three days of his of- ficial term, and referring to a balance retained by him, amounting to two hundred and one thousand and ninety six dollars forty cents, ($ 201 ,096 40. ) In compliance with the direction of the Secretary of the Treasury, conveyed in his letter, to urge the speedy adjustment of Mr. Swartwout's accounts, a note was addressed by the (comptroller, on the llih of April, to the First Auditor, (C,) enclosing a copy of the letter of the Secre- tary, and on the same day a letter was also addressed by the Comptrol- ler to Mr. Swartwout, (D,) calling for the early transmission of his ac- Doc. No. 13. 99 counts up to the period of his term of ofSce. On the 18lh of April, a second letter was received fro?n the Secretary, f E, vide Secretai j's le- }>ort, Doc. No. 6, ) again refeiringto the balance of moneys, as stated, in (he hands of Mr Svvartwout, ostensibly retained to await the decision of sundry suits at law, in which he, as collector, was defendant, and di- recting the Comptroller to call upon the Solicitor of the Treasury to ob- tain from the attorney of the United States at New York a list of the suits adverted to, with the amount of money involved in each, and the probable termination of them. On the same day, the Comptroller ad- dressed the Solicitor on the subject, (F,) and on the 27th of the month a reply was received from the Solicitor, ( G, vide Secretary's report, Doc. No. 7,) accompanied by a leport in part from the district attorney, da- ted on the 25th, (H, vide Secretary's report, Doc. No. 8.) A further and more complete report w^as awaited by the Comptroller, before re- })orting to the Secretary, but was not received ; additional infoimalion, owing to missing papers or other causes, being unattainable. Jn the mean time a letter was addressed by the Secretary to the Comptroller, dated April the 23d, (i,) refeiring to a letter enclosed, from Mr. Swart- wout, dated 2 1st of April, (J,) in relation to the moneys held by him, under protest, and suggesting that Islr. Swartwout should be instructed to furnish Mr. Hoyt, (he present collector at New York, with money out of the sum j etained, to l efund duties paid under protests. The (Comp- troller accordingly, on the 24th of April, addressed the necessary instruc- tions to Mr. Swartwout, (K.) On the 26th of April, his accounts up to the expiration of his official term not having been yet received, the Con)ptroller again called for their transmission, at as early a period as j)racticable, (L.) The accounts being still withheld, and the time hav- ing expired (allowed by law) for their rendition, the First Auditor, after having, on the loth of August, (M,) once more demanded their trans- mission, repoi ted the case to tiie Comptroller on tiie 31st of August, (X,) who, on the 3d of September, (0,) addressed the sureties on the oincial bond of Mr. Swartwout. The accounts of the late collector at New York, for the third quaiter of 1837, were adjusted at this office on the 2ist of May, and those of the fourth quarter on the 12th of June, 1838, of which he was duly advised. Having thus glanced at those transactions of this office, as connected with the ailaiis of the late collector at New York, in which the present Comptroller had a personal agency, I proceed to reply to your inquiries as to previous events. After the most diligent examination and inquiry into the causes why it was not in the power of this otfice, under former Comptrollers, to re- port the defalcation when it first occurred, or at the dilierent settlements afterwards, before the late collector's term of office expired, I am led to the following conclusions : First. That the Comptroller of the Treasuiy has conceived that his official duty, in regard to accounts settled by the First and Fifth Audi- tois, was, in the usual course of business, carefully to revise the accounts, and if found accurate, in the words of the law, (act 3d March, 1795,) " to certify the balances arising thereon (o the register." Second. That it was only under especial circumstances that the Comptroller felt himself called upon by law, or from a sense of official duty, to take any other step in regard to accounts of collectors of the 100 Doc. No. 13. customs. These were, firstly, where a collector failed to render his ac- counts within the time required by law — in which case, the circumstance would be reported to him by the First Auditor, and it would become the duty of the Comptroller to require their transmission without delay, and also to advise his sureties and the Secretary of the Treasury of his neg- lect ; or, secondly, where a delinquent collector, being out' of ofice^ failed to pay over, within a reasonable time, a balance ascertained to be due on the settlement of his accounts — ^in which case it would becotne the duty of the Comptroller to certify the amount due the United States to the agent, (now the Solicitor of the Treasury,) in order that legal proceed- ings against the delinquent officer might be instituted ; and, thirdly, where circumstances to cause suspicion of delinquency were presented on the face of accounts rendered — in which case the Comptroller would, from a sense of official duty, report the fact to the head of the Depart- ment. Third. That the collectors of the customs of tlie great ports, while re- maining in office, and regularly furnishing their accounts agreeably to the requisitions of law, have not presented cases such as to warrant sus- picion of delinquency, however large, the apparent balance against them at the close of a quarter, for the reasons which follow : The collectors of the principal ports are by law allowed three months after the termination of a quarter within which to render their quarterly accounts. After being received at the Treasury Department, accounts such as those from the port of New York necessarily occupy the office of the First Auditor from one to two months in theii exajnination, and almost an equal length of time must be employed in the office of the First Comptroller in their revision. Five or six months may, therefore, unavoidably elapse, after the termination of a quarter, before the adjusted account can exhibit the collector as even an apparent debtor. In the mean time, however, large sums are paid into the Treasury by the collector, by which the apparent balance may be in his favor. To get at the true balance, it would then become necessary to charge him with all the moneys received by him within the period elapsed since the close of the quarter for wdiich his ac- counts were rendered, and this could not be done until his accounts for that period could be procured and audited : thus, the debits and credits falling within the several official divisions of time might become so in- evitably mingled that the Comptroller, without especial cause for sus- picion, could not feel authorized to report the case to the Secretary of the Treasury as one of delinquency. An examination of the case presented by the large cash balance re- ported against the late collector at New York, on the settlement of his accounts for the fourth quarter of 1S36, the subject of your lirst special inquiry, may illustrate these views. The balance stated to be due the United States on the 31st December, 1836, was eight millions three hundred and sixty-five thousand three hun- dred and seventy-seven dollars and eighteen cents, ( ^8,365,377 18,) con- sisting of Bonds not due - - - - $5,056,836 72 Bonds in suit ... - 2,063,247 56 General bonds for wines - - - 56,533 51 Cash on hand ... - 1,188,759 39 Doc. No. 13. 101 The examination and revision of an account of this magnitude employed the accounting officers from the time of its reception to the 12th of June, 1837, as will appear from the letter of the Comptroller to the col- lector, (P.) In the mean time, and only between the 1st of January and the 31st of March, 1837, the collector liad deposited to the credit of the Treasuier of the United States the following sums: In the Bank of America - - - $973,000 Manhattan Company - - - 995,000 Mechanics' Bank - - - 1,021,000 And making in the aggregate - - $2,989,000 Thus, without raising a new account for the fiist quarter of 1837, hut referring merely to the accounts as adjusted on the one hand, and on the other to the registry of warrants in favor of the Treasurer, the only two sources of information as to the state of the public moneys in the hands of the collector, within the reach of the then Comptroller, there would be pjesenled, instead of the apparent cash balance against the collector of one million one hundred and eighty-eight thousand seven huudred and fifty-nine dollars and thirty-nine cents, ($1,188,759 39,) an apparent cash balance in his favor of one million eight hundred thousand two hundred and forty-one dollars, ( $1,800,241.) 1 would also refer you, foi- fdrtlier illustration of these views in rela- tion to cash balances, to the re])orL which 1 have the honor to niake you this day, in conformity with your direction, under date of the 7th ultimo, to report promptly' to you the fact of any large cash balances being found against collectors and receivers, on the adjustment of their accounts. In the case reported, you will perceive that on the adjustment of the col- lector's accounts for the 2d quarter of 1838, n^ade on the 24th ultimo, of an apparent cash balance against him of three hundred and forty-eight thou- sand two hundred and eighty dollars and eighteen cents, ($348,280 18,) there are, of suspended items, to be brought to his credit, when covered by Treasury warrant, the sum of $135,624 83, and the amount of pay- ments made by him into the Treasury from the 9th of July to the 24lh of September, covered by the warrant of the Secretary No. 4.524, on the 30th of September, 1838, is $156,579 58, leaving an actual balance of little more than fifty-six thousand dollars ($56,000) due. It is proper here to add, in regard to the term *' city of New York, M. M. QuACKENBos, Esq., 5 P. Treasury Department, Comptroller's Office, June 13, 1838. Sir : Your accounts of the customs for the fourth quarter of 1836 have been adjusted at the Treasury, and a balance of ^8,365,377 18 stated to be due from you to the United States, consisting of Bonds not due - - - - g5,056,836 72 Bonds in suit - - _ . 2,003,247 56 General bonds for wines, &c. - - 56,533 51 Cash on hand - - - - 1,188,759 39 8,365,377 18 Your balance is stated as - - - 8,363,497 78 To which add amount charged in your account for the second quarter, 1836, for a light-boat on Carys- ford reef. Key West, suspended for want of war- rant - - - $1,108 12 Amount paid into the Treasury, arising from sale of provisions drawn from the Doc. No. 13. 107 naval stores at Pensacola, for revenue cutters, suspended i'oi want of war- ranl - - - $776 Of? < $1,884 20 8,366,381 98 From this deduct the following sums, viz : Amount of commission shoit charged, per last state- ment - - - $3 33 Do. in this account - - I 17 1 bu 8,365,377 18 In your account of disbursements for revenue cutter Alert, J. Gorham's bill No. 5, for fifty yards pars- ling, at 18 cents, is charged - ^9 40 Should have been - - 9 00 40 In account of revenue boat, J, Thomjjson & Son's bill No. 20 is charged as - = $73 38 I'hc true addition is - - 72 48 — 90 Overcharged - - - - $1 30 You will please make the necessary corrections in your next account. Very respectfully, your obedient servant, ' GEO. WOLF, Comptroller. 1\) Sa.^iuel Swaktwout, Esq., Collector^ New Fork- Q Circulor to Naval OJ/ictrs. riiEAsuRY Department, First Con^pt roller'' a Office y Novcnibcr 10, 1838 SiH ' Among the highly responsible duties intrusted to the naval ofli cers of the several ports of the United States, the act of Congress of the 2d March, 1799, requires that " they shall examine the collectors' ab- str.icts of duties, and other accounts of receipts, bonds, and expenditures, and, if l ight, shall cci tify the same." It having been deemed expedient, by the Secretary of the Treasury, that I should call your special attention to this very impoi tant portion of your otiicial duty, 1 have earnestly to enjoin it upon you promptly and carefully to examine and test the truth of the statements referred to. 1U8 Doc No. 13. before adding your certificate of their accuracy, as upon such vigilant scrutiny may often depend the correction of errors, or detection of in- tended wrong. I am, very respectfully, your obedient servant, JAMES N. BARKER, Comptroller. R. Supplemental Circular to the Naval Officers. Tklasuky Department, First Comptroller'' s Office^ November 17, 1838. Sir : Until Congress shall adopt a system of occasronat and strict ex- aminations into the condition of the accounts of the collectors of the cus- toms, for the bonds taken and money received for the duties on imposts and tonnage, it is requested that you wilt make a careful inspection of ♦he accounts of the collector for the poii of monthly, rn ordei that you may certify to the corrcctrjess of the returns he is required within that period to render to the Department, I am, very respectfully, your obedient servant, JAMES N. BARKER, Coinptrollei. No. IS. Treasury Dekartment, November 9, \B33. Sir ; fn consequence of the report made in part by the Solicitor of the Treasury, on the examination by him and yourself into the accounts of the late collector at New York, I wisli now to call your immediate at- tention to a few considerations : 1st* I think a circular should be issued by you to all n-^val oflB-cers^ calling their prompt and careful attention to their official duties, in check of any error or wrong by collectors. 2d. That an examination be made in every case of any considerable balance reported as unadjusted or due, to see if the bonds and money purporting to be on hand, or which ought to be on hand, are so in point of fact. This can be done by letters to the collectors, stating that recent events have rendered the inquiiy pioper; and that the naval officers, oi district attorneys in cases where there are no naval officers, will make the scrutiny, and certify on the subject, both as to the bonds and n)0!>ey. 3d. I wish increased attention given to the examination on settlement? liere of the bond accounts of collectors ; and in your office, as well as in the Auditor's, all necessary force employed to make the present legal checks as efficient as possible. Doc. JNo. 13. IU9 Please to adopt any additional step which has occurred to you for dis- covering any errors, and for securing the public against losses. Respectfully, your obedient servant, LEVI VVOOUBLRV, ISecretary of the Treasury. J. N. Barker, Esq., Comptroller of the Treasunj. No. 19. Treasury Departmen r, November 19, 1838 = Sir : f he lecent development of the great defalcation of the late col- lector at New Yoik renders it essential that it should be ascertained, if practicable, why it was so long undiscovered ; I therefore request you to inform me of the causes why it was not in the power of your office to report his defalcation when it first commenced, or at the different set- tlements afterwards, before his term of office expired. If, undei" the f)resent system of adjusting tlic accounts of collectors, it be impracticable to ascertain defaults like these immediately after they occur, I will thank you to report to me such modifications and improvements as may suggest themselves to you, in order that all defalcations hereafter may be imme- diately known, if possible ; and, in case you should consider that further legislation n)ay be necessary to attain this object, I wish you to point out the defects that should be provided for, and also such additional checks as might be imposed to prevent the embezzlement of the public funds leceived by tye collectois and receivers of the public revenue. This report I should be glad to receive soon, that a communication on the subject may be made to Congress at the commencement of the en- suing session. 1 am, very respectfully, your obedient servant, LEVI WOODBURY, Secretary of the Treasury. J. N. Barker, Esq., Comptroller of the Treasury, Memorandum. — A similar letter, of the same date with the loiegoing, was sent to the First Auditor. No. 20. (Jircidar to the Coinptrollers ami Auditors of the Trcastoy TrEASI KY DeI'AUIjMENT, November 29, 1838. Sir . I have to lequcst that, on settlement of accounts hereafter, when- ever the balance in the hands of any receiving or disbursing officer shall 110 Doc. No. 13. be such as to excite suspicion in any way of a default, and particularly if they shall appear unusually or unnecessarily large, you will immedi- ately report the fact to the head of the Department to which the officer is attached ; and in all cases the Comptrollers will also with prompti- tude adopt the proper measures for transmitting to the Solicitor of the Treasury (he usual transcripts for suit, in the event that sucli course should be deemed necessary to secure the public money. This should invariably be done, also, when the officer resigns, or is suspended or re- moved. I am, very respectfully, your obedient servant, LEVI WOODBURY, Secretary of the Treasury. Avery Architectural and Fine Arts Library Gift of Seymour B. Durst Old York Library