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London, England, 1853-03-18 00:00:00

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LONDON, FRIDAY, MARCH 18, 1853.

A large and comprehensive measure of Customs
Reform has become an imperative necessity. The
question cannot by any possibility be indefinitely
shelved or postponed for any considerable period.
Sir CHARLES WOOD himself could not tranquillise
a body so zealous and energetic as the City Com-
mittee for the Reform of the Customs, or induce
them to suspend their exertions for a complete
modification of the existing system—a system
under which so many serious grievances have been
perpetrated as to materially damage the trade and
commerce of the country.
The influential deputation which, on Saturday
last, waited on the CHANCELLOR of the EXCHEQUER
to explain the nature of the abuses that have
sprung up, during a long succession of years, in
the administration of this important department,
also offering valuable suggesticns as to the
character and extent of the requisite alterations,
was justly entitled to command attention. The
deputation consisted of some of the merchant
princes of England, of Jeading bankers, ship-
owners, and traders of the city of London,
together with delegates from the outports and
manufacturing districts, and, of course, several
Members representing commercial constituencies,
who put forward their complaints clearly and
distinctly, pointing out the necessity of -a sweep-
ing and radical change to render the law itself
more easily intelligible, and its administration more
in accordance with the spirit of the age. This
intimation of the views and feelings of those
whose experience qualified them to form a sound
judgment on the matter was peculiarly appro-
priate, inasmuch as it is certain that some
measure or measures will speedily be intro-
duced by Government. The late CHANCELLOR of
the EXCHEQUER had admitted the justice of the
remonstrances addressed to him, and on behalf of
the DERBY Administration promised redress for
the acknowledged grievances. His successor had
been even more explicit—admitting the necessity
as well of organic as administrative reforms ; and
these to be effected not merely by Treasury
Minutes, which are already by far too numerous,
but by an Act or Acts of the Imperial Parlia-
ment, which, if not completely, would at least go
far to remove every just cause of complaint. The
efficient SECRETARY of the TREASURY had also de-
clared that the necessary bills are in a forward
state of preparation, so that it was incumbent on
the representatives of the commercial interest to
lose no time in making their opinions known to
the Financial Minister, before he should be, in
any degree, committed to a different course from
that in which they could cordially concur ; and
also to urge the propriety of introducing the con-
templated measures with the least possible delay,
so that they might receive the legislative sanction
during the present session. This they have done,
and in such a manner as to insure an attentive
consideration for their statements and sugges-
tions.

The mere fact that there are no less than fifty-
one different statutes enacting or amending for-
mer enactments, would alone show the propriety
of a digest or consolidation of the various provi-
sions. But that formed but a small portion of
the evil. The law was explained and modified
not only by a long • series of Treasury Minutes,
but by an immense number of bye-laws and regu-
lations, many of them completely contradictory--
the result being that
all dealers in duty-paid
articles "are hourly exposed to the most petty and
vexatious interference with their business, to
heavy cumulative
ails, exorbitant law costs,
and denial of justi„;
e are, in fact, placed en-
tirely at the mercy of
the Custom-house." officers and officials of
This assertion may be
Y cledited, wh we
find the extraordinary Powers
conferred en
even
upon subordinates under the existing
powerregulations.t
We find that "the officers have
o atop and
set arbitrary values upon goods, to seize sh-
ips and
personi, books and papers, to search premises,
and carry off property on private informatioi'
without warrant or written statement of the cause
of iteizure ; and they are so paid as to give them
a direct advantage from seizures and over-valu-
ings. The Custom-house holds quarterly sales of
all goods seized, at which they are put up in
single articles, or small parcels, to. suit buyers for
personal use, so as to realise the retail price, and
in every instance a portion of the proceeds is
given to the seizing officer."
But there is something even more objectionable
behind. When goods are seized, which frequently

occurs in consequence of the ad valorem duties,

the practice is to inflict " fines," which do
not find their way to do Exchequer, but the
greater proportion whereof are handed over to the
complainants, viz., the officers laying the informa-
tion, who are, therefore, stimulated to institute
the most vexatious .proceedings, not merely by
the praise and probable promotion obtained for ,
the number of which are informations they prefer,
regarded as the tests of their
vigilance, but also by direct pecuniary ,
considerations, holding out great temptations to
persons of their class. We can imagine the nature 1

of the investigation that ensues, on such a com-
plaint, from the following extract from the Memo-
rial :—" The Commissioners themselves sit to
determine upon all cases with closed doors. The
only witnesses are the informers and the Custom-
house officers. The parties are not admitted :
there is no opportunity of counter-statement or
cross-examination. The press is excluded ; and
no other report than the decision of the Board
reaches the party seized upon. Everything a man
is worth in the world may be taken possession of
and sold ; his books, papers, and Custom-house
receipts—the only conclusive evidence that he has
paid the duties—may be tampered with, or de-
stroyed, but he can obtain neither a statement of
the charges against him, an account of his pro-
perty, nor the report of the officers." Should he
complain, his position will be by no means
improved. In fact, it will be better to submit
to the first injustice, and yield without complaint
or remonstrance to the inevitable evil. " For
what can he do ? He may appeal to the Lords of
the Treasury ; but the Treasury has no Court of
Inquiry. The Lords of the Treasury neither ex-
amine the officers, nor the complainant, nor in
any way review the case themselves. The case is
referred back from them to the Commissioners,
and from the Commissioners to the officers—so
that the Treasury investigation is, in reality, no-
thing more than an inquiry of the Customs
whether they have inquired into the case."

Oh, but there is the Court of Exchequer, which
is open to every suitor ; and where a jury will
give a fair and impartial verdict between the
Crown and the humblest citizen. Granted. But,
before that rather expensive luxury can be resorted
to, the suitor " must give security, by bond and
sureties, for fines, penaltie, and costs. If he
succeed, he may have his goods or their value, but
he has still the whole of the costs to pay—the
Crown (or rather the Customs) pays no costs."
Many may think the remedy worse than the
disease ; and, much as we value the trial by jury,
we can scarcely advocate it when success may en-
tail ruin on the victor, the time-honoured
maxim, that "the Crown pays no costs," being
his only satisfaction for the onerous outlay that
has been forced upon him. We shall take occa-
sion ere long to examine the nature of the sug-
gestions offered by the deputation, which are well
worthy of mature and attentive consideration.

A full and impartial investigation will, we hope
and believe, speedily be instituted into all the
proceedings relating to the unfortunate affray at
Six-Mile-Bridge, and the subsequent prosecution
of the military at the assizes, and the practical
impunity afforded to the other side. We have
already offered some observations on this
very extraordinary case—more especially on the
apparent conflict between the military and civil
law, and the dilemma in which the private
soldier is placed, whose only alternative is a dis-
obedience of orders, with all its concomitant
disagremens on the one side, or an indict-
ment for murder or manslaughter on the
other. It is only an act of common jus-
tice to this very important class, that the
law should be clearly and 'distinctly explained, so
that they may be enabled thoroughly to under-
stand that which is required at their hands; and
that if they are really placed in such a position,
a suitable remedy may be supplied with all con-
venient speed. Mr. NAPIER yesterday moved for
a return of the inquisition, depositions, informa-
tions, bills of indictment, and other records
relating to the unfortunate transaction, which
was ordered by the House. These could only be
required for the purpose of instituting some
motion in reference to the case. Indeed, the
course pursued by his successor, so very different
from that recommended by the Right Hon. and
Learned Gentleman when first law officer
of the Crown in Ireland, rendend it impera-
tive on him to take some step in the matter.
A due regard for his own character compelled him
to throw The utmost light upon the subject, so as
to enable the community to decide between the
courses pursued by himself, when in office, and
the present Attorney.Gelieral of Ireland. It will
then be seen whether the military indeed acted
in the reckless and hasty manner acscribed to them
by the friends and relatives of the deceased, or
whether they were indeed subjected to such pro-
vocation as justified them in resorting to the
deadly weapons with which they were armed ;
whether, in fact, the peril was so imminent as to
make the safety of the party depend on the
promptitude of their action. When we find
a party in the strict performance of their duty,
accompanied by a magistrate, and placed in a
narrow defile, from which it might have been im-
possible to have extricated themselves, so fiercely
assailed, we can scarcely wonder at the deci-
sive step resorted to. The Grand Jury in ignor-
ing the bills must have conceived that the soldiers
were fully warranted in firing on their assailants.
and the Attorney-General in refusing to offer evi-
dence on the Coroner's inquisition, must have
acquiesced in the propriety of that decision. It
seems strange then that the complaints against those
who were charged with being the instigators of the
riot which led to the deplorable transaction should
not have been also investigated. As, how-
ever, the subject has now assumed a new
phase—as we may be certain of further
discussion on adequate premises—we shall pa-
tiently abide the event before expressing a decided
judgment in the case, or supporting the steps
taken by the present or by the late ATTORNEY-GENE.
RAL of Ireland.