2d Session.

BALANCES ON BOOKS OF TREASURY.

LETTER

FROM THE

ACTING COMPTROLLER OF THE TREASURY,

TRANSMITTING

A list of balances on the books of the Treasury, which have remained due and unsettled more than three years prior to 30th September, 1841.

APRIL 12, 1842.

Read, and laid upon the table.

TREASURY DEPARTMENT, Comptroller's Office, March 13, 1842.

SIR: In compliance with the provisions of the act of Congress of the 30th March, 1809, entitled "An act further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments," and of an act passed on the 3d of March, 1817, entitled "An act to provide for the prompt settlement of public accounts," I have the honor to transmit, herewith, a list of the balances standing on the books of the Treasury, which have remained unsettled, by receivers of public moneys, and which have been due more than three years prior to the 30th September, 1841. I have the honor to be, with great respect, your obedient servant, JAMES N. BARKER, Acting Comptroller.

Hon. JOHN WHITE,

Speaker House of Representatives.

List of balances due by receivers of public moneys, on account of the sales of lands, which remained due and unsettled on the books of the Register of the Treasury for more than three years prior to the 30th September, 1841.

Name of receiver.

Office.

Balances re.
ported by
register.

Remarks of Comptroller.

J. C. S. Harrison

Vincennes, Indiana

$9,253 08

Balance, per report No.
4995, $829 88, dated
January 11, 1842.

636 69

September, 1839, to $6,051 95. In July, 1840, Gamaliel
Taylor, Esq., late marshal, was called on for a full report of
his proceedings under the authority of the distress warrant. In
his reply, dated July 22, 1840, he advised that he had levied on
all the real and personal property of the defendant, and filed
the levy in the clerk's office of the district court. That the
property of the principal, he believed, if sold at nearly its value,
would bring a sum amply sufficient to pay the debt, and that
the property of the sureties had not been levied on. On the
31st July, 1840, the marshal was instructed to proceed against
the principal and his sureties, for the collection of the balance
of this claim. Since then, although repeatedly called on, the
marshal has made no report. On the 20th November, 1841,
the district attorney of Indiana was requested to cause this
case to be investigated, and, unless the late marshal, Taylor,
could satisfy him that the money had not been collected by him,
and assigned reason sufficient for not having collected it, to
procure from the clerk of the court a certified copy of Mr. Tay-
lor's official bond, and to proceed, without delay, against him
and his sureties, for the balance of this claim. The district at-
torney, by letter of 1st December, 1841, advised that the case
should be attended to.

Suit ordered February 14, 1839, against the principal and his
sureties, for $1,104 09. Balance reduced in September, 1841,
to $579 69. Suit pending.

Suit ordered December 2, 1825, for $27,230 57; continued from
August, 1830, until March term, 1838, in consequence of the
non-attendance of the district judge. Judgment against the
principal, at March term, 1838, for $10,000, with $7,800 for
interest to 30th May, 1838, and $123 33 for costs. The dis-
trict attorney reports that the judgment is as much as ever can
be collected from the principal, and that his surety, Louis
Chachere, died insolvent. The marshal reports, 12th June, 1839,
that he has seized and sold all the property of Garrard, and
made, under execution, $2,247 50; that Garrard died in 1838,
before execution issued; that, since the sale, the heirs of Gar-
rard instituted suit to set aside the sale, alleging that the same
was void, on the ground that Garrard died before an execution
issued. On the 18th May, 1840, the district atttorney re-
ported that he had taken a mortgage and confession of judg-

27,230 57

Remarks of Solicitor of the Treasury.

ment, by Jesse Andrus and Susan M. Collins, for $11,000, pay-
able March 1, 1841, to secure the claim against the estate of
Joseph Andrus, which was delivered as security, and that he
had directed his agent at New Orleans to deposite to the
credit of the Treasurer, in the Commercial Bank, the money
received of the estate of Andrus. Certificates of deposite to
amount of $1,685 in that bank, and of $298 12 at the mint,
have been received, which are supposed to have been made on
this account; but it is not so stated in the certificates, and the
district attorney has been written to for a specific statement. It
is supposed that the sum of $2,000 was paid to he district at-
torney, May 28, 1838, and he was directed to deposite the
whole, with interest, and to report specifically the causes of
delay, &c. His report of July 18 was received and commu-
nicated to the Executive, and further explanations were direct-
ed to be made by the State Department. The suit of the heirs
of Garrard, to set aside the marshal's sale, is still pending.
the 27th October, 1840, he was called upon for a report in re-
lation thereto. A mortgage of $4,000 from Major Webb has
been received as security by the district attorney, which, when
collected, is to be applied to the payment of the debt. Hen-
derson Taylor, Esq., the present district attorney of the west-
ern district of Louisiana, by letter dated January 5, 1842, ad-
vised that he called on B. F. Linton, Esq., late district at-
torney, relative to a payment of $4,000, made to him by Ma-
jor Amos Webb, on account of the judgment against Garrard
et al; and that he could obtain no satisfaction. A suit has
been ordered against Mr. Linton, for the amount improperly re-
tained by him in this case.

Suit ordered September 13, 1825, for $12,893 95. A payment of $6,000 was made in April, 1828, which reduced the balance