The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-03

The Custom HOUSE SUITs.-We observe that
some of the wing papers praise the conduct of
the late collector Of the customs at this port
Mr.. Maxwell, in retaining large sum of gov
eminent money in his possession. and locking
it up in his private safe on the plea that it was
due to him and some other custom house Off
GERS for seizures. and that it would be retained
until suit at law decided whether they were
entitled to the money or not Since then suit
has been commenced against Mr.. Maxwell by
the parties claiming the money for seizures con-
jointly with him for the purpose of enjoining the
money in his possession This suit it is said
is made up between the parties. with view of
shielding Mr. Maxwell from government pro-
secution under the provisions of the sub-treasu-
ry law
We are afraid the gentlemen will find they
have made mistake. In the first place, the
money 7 tanned by Mr.. Maxwell-Sl6846 95-
IS not tne money obtained from the seizures
claimed. The claims run back and extend over
a period Of four years, since 1919. All the
money from seizures was deposited from time
to time with the Assistant Treasurer as pro-
Mr.. Maxweli's retiring from Office, he retained
the money in his hands collected during
the last quarter, and, assuming it to belong to
himself and his brother officers, locked it up in
his private safe. A similar case may be sup
posed if an individual, protesting to have a
claim against the government, were to break in
to the sub-treasury. and help himself to his pay
out Of the iron safe now under the charge Of
General Dix. Mr.. Maxwell did not retain the
share Of the seizures he claims at this time, as
the money was paid into the custom house,
though even had he done so it is difficult to
perceive how it would have strengthened his
case.
But this matter will have to be decided we
suppose according to law and the enactments
Of Congress, and they appear to be pretty plain
in such cases as Mr. Maxwel's. The act Of
March 3, lS49, provides
That from and after the 30,h day of June, 1910,
the gross amount of all duties received from Gus
TOM. from the sales of public lands, aud from all
miscellaneous sources, for the use of the United
States shall be paid by the officer agent receiving
the SEINE into the treasury Of the United States at
early day as practicable, without any abate
ment or reduction, or account Of salary fees COSTS
charges, expenses, claim Of any description
whatever.
And the Independent Treasury law pro-
vides-
That any failure to pay over money shall be con-
sidered as prlnso face evidence OF embezzlement,
which shall be deemed felony, subjectng the
offender to fine and Imprisonment
We rather think this covers the whole ground
pretty conclusively. 1t is said the present
Secretary Of the Treasury-Mr. Guthrie-is
determined to carry out the law stringently
in every instance, and is especially straight
backed as regards the provisions Of the Inde-
pendent Treasury enactment He has already
put stop to the practice Of issuing transfer
drafts to private individuals, as being contrary
to law; he sternly refuses to listen to any in
gcnious plan for depicting the treasury;
and he has now a favorable opportunity Of dis
playing his frmness in the settlement of the
case of our worthy ex-Collector and the six
teen thousand eight hundred and forty-six
dollars and ninety-ive cents which he has
retained. What pity for Mr.. Maxwell and
his friends the matter could not have been ar
ranged while Mr. Corwin was Secretary Of The
Treasury he was such a nice. easy man