164,177 O4
646.754 63

Sl.225. 50
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Ofthese, the first, viz: tonnage duties is doubt
full The second item, amounting to S39, 1923 IL
extends through period of four years from 1852
to '35 This was for the forfeitures and penal


ties, under the act of $780, and the amount hs
never been paid over to the United States. The
third item is made up of three Treasury war
rants, amounting together to $39,24O 05, which
he received under the authority ofthe act of 1884,


to make up an alleged deficiency in the fees and
emolumenIs of his Office, the proceeds of which
have never been debited in his cash account l
The fourth item, amounting to S60,291 AZ, is
cash Withdrawn for the alleged purpose of paw
ing the erpemses of the office. beyond the actual
amount of these expenses, as exhibited by his
accounts and vouchers The fifth item of $780,
769 So is cash. retained I" for the refundIng mer-
chants" under the benevolent provisions of the
act Of Congress to the sufferers of the New York
fire. but never was applied to this purpose. or
otherwise accounted for. The two next items
are cash for protests" Sl92, 500 46, and cash
deposited to meet unascertaIned duties, S164, ,l77
Ca When the merchant differs with the COL
Iector about the amount of the duty authorized
by the law. which is often difficult to interpret,
he pays the demand with protest." which, ac-
cording to the decision of the district court gives
him recourse against the collector personally,
should suit sustain his pretensions. Upon this
plea the collector retains the amount in his
hands, Unascertained duties are those paid In
the custom house by merchants who are anxious
to obtain possession of their goods beforeIthe
precise amount due the Government can be es-
timated. When this has been properly asSer-
tained, the difference is returned to the impbrt-
er The collector has at all times large sur
plus of this kind on hand. Both these amounts
have been appropriated to his own use by the


late collector. Although pressed to surrender
them after the cessation of his official term, he
refused, the plea that they were indispensable ble
to his security. until the suits and questions in
volved should be determined, referring 10 the
decisions Of the court as his justification.


The last and largest item is that of the bonds.
This defalcation occurred chiefly in the first
quarter of 1887. When the banks suspended
payment. there were due to the Government a
bout 10000 bonds, the aggregate of which was
5.0OO,ooO Upon these, an extension was
granted by the Secretary Of the Treasury, on ac-
count of the unprecedented pecunary pressure


and Congress, at the extra session, extended thai
indulgence to further period of nine months


Swartwont had. in the two first quarters of 1887
disposed OF these bonds to the amount of S646.
754 83. which he continued to represent in bis
accounts as unpaid. The suspension, the gene


raj embarrassment, the indulgence OF tine Secfe


tary 10 the merchants. approved of, and extended
by Congress, all facilitated this enormous petu