Samuel Swartwout
Encyclopedia
Samuel Swartwout was an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 soldier, merchant, speculator, and politician. He is best known for his role in the Swartwout-Hoyt scandal
Swartwout-Hoyt scandal
The Swartwout-Hoyt scandal arose from corruption in the Office of the Collector of the Port of New York.In 1829, President Andrew Jackson appointed Samuel Swartwout to serve as Collector of the Port of New York. Nine years later, in 1838, it came to light that Mr...

, in which he was alleged to have embezzled $1,222,705.09 during his tenure as Collector of the Port of New York
Collector of the Port of New York
The Collector of Customs at the Port of New York, most often referred to as Collector of the Port of New York, sometimes also as Collector of Customs for the Port of New York or Collector of Customs for the District of New York, was a federal officer who was in charge of the collection of import...

.

Life

He was the son of Abraham Swartwout and Maria (North) Swartwout.

Along with his brothers John and Robert, Samuel Swartwout was a close ally of Aaron Burr
Aaron Burr
Aaron Burr, Jr. was an important political figure in the early history of the United States of America. After serving as a Continental Army officer in the Revolutionary War, Burr became a successful lawyer and politician...

 in his early career in New York State politics. Samuel Swartwout remained close to Burr throughout the latter's life, and was his traveling companion on several long trips.

Swartwout was an active participant in Burr's venture in the West and in the conspiracy trial
Burr conspiracy
The Burr conspiracy in the beginning of the 19th century was a suspected treasonous cabal of planters, politicians, and army officers led by former U.S. Vice President Aaron Burr. According to the accusations against him, Burr’s goal was to create an independent nation in the center of North...

 that resulted from it. In October 1806 he met with Gen. James Wilkinson
James Wilkinson
James Wilkinson was an American soldier and statesman, who was associated with several scandals and controversies. He served in the Continental Army during the American Revolutionary War, but was twice compelled to resign...

 at the Sabine front, where he delivered the cipher correspondence which was later altered by Wilkinson and presented as evidence in the conspiracy trial. After Wilkinson took command of New Orleans in November, Swartwout was one of four Burr allies he arrested for misprision of treason
Misprision of treason
Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority...

 and sent to Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

 for trial. In February, after a hearing, Swartwout and the others were released. He then continued to Richmond
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...

 to attend Burr's trial, where he was a key witness in the indictment hearing. While in Richmond, Swartwout challenged Wilkinson to a duel, but the challenge was declined.

Swartwout fought in the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...

. In 1814, he married Alice Ann Cooper, and they had two children.

Swartwout's close association with Andrew Jackson
Andrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...

 and his support of Jackson in the presidential election of 1828
United States presidential election, 1828
The United States presidential election of 1828 featured a rematch between John Quincy Adams, now incumbent President, and Andrew Jackson, the runner-up in the 1824 election. With no other major candidates, Jackson and his chief ally Martin Van Buren consolidated their bases in the South and New...

 led to his appointment by Jackson on April 25, 1829, to the position of Collector of Customs for the Port of New York. This position had great importance, as the collection of customs in New York was one of the largest sources of income for the Federal government of the United States
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...

. Swartwout's appointment by Jackson was strongly opposed by Jackson's Secretary of State Martin Van Buren
Martin Van Buren
Martin Van Buren was the eighth President of the United States . Before his presidency, he was the eighth Vice President and the tenth Secretary of State, under Andrew Jackson ....

. The recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...

 was upheld by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 on March 29, 1830, giving Swartwout a full term of four years. Before the expiration of his term, Swartwout was re-appointed by President Jackson for another term of four years, ending on March 29, 1838. As Collector, he openly aided the Texans in their struggle for independence from Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

. He held meetings in New York where Stephen F. Austin
Stephen F. Austin
Stephen Fuller Austin was born in Virginia and raised in southeastern Missouri. He was known as the Father of Texas, led the second, but first legal and ultimately successful colonization of the region by bringing 300 families from the United States. The capital of Texas, Austin in Travis County,...

, Branch Tanner Archer
Branch Tanner Archer
Branch Tanner Archer was a Texan who served as Commissioner to the United States and Speaker of the House of the Republic of Texas House of Representatives and Secretary of War of the Republic of Texas.-Early life:...

 and William H. Wharton
William H. Wharton
William Harris Wharton was an early colonist, political leader and orator in Texas.Wharton was born in Virginia and was raised by an uncle following the deaths of his parents. He graduated from the University of Nashville and was admitted to the Tennessee bar in 1826...

 appeared in quest of funds and supplies. He also sent provisions to Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 at his own expense and saved the two-ship Texas Navy from a consignment sale by paying for repairs to the vessels.

Swartwout left office at the expiration of his term in 1838, retaining $201,096.40 with which to pay any pending claims that might be brought against him. He then went to England to raise money on his coal property before insuring that his account at the customhouse was closed. After he left the country, or perhaps before, his account was "adjusted" by a subordinate and possibly by his successor, through the instigation of President Martin Van Buren
Martin Van Buren
Martin Van Buren was the eighth President of the United States . Before his presidency, he was the eighth Vice President and the tenth Secretary of State, under Andrew Jackson ....

. It was then alleged that Swartwout had embezzled $1,225,705.69 and fled. One of his assistants was indicted in 1841 for embezzling $609,525.71 of the sum, and, according to Swartwout's trustee, a federal court further reduced the amount by $435,052.21, leaving the remaining amount which Swartwout claimed he owed. Swartwout forfeited his personal property to meet the deficit and returned to the United States in 1841 after federal officials assured him that they would not prosecute him.

It is believed that Samuel Swartwout's story is the origin of the term "Swartwouted out", which has since come to define the embezzlement of a large sum of money from the United States government and subsequent escape to a foreign nation to escape punishment.

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