The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-13

eeip. Of twenty seven ncuding these bonds and saa
tsn,icstsd copies" Of the whole q papers duly exempt
fed By the Secretary Of the Treasury and farni.nsd
The defendants attorney under date u 18th September
| Dos were siso produced the tis
Inc vouchers In relation EXPENSE chafgeahie
we roeeeds OF seized liquors all regularly
turned 10 toe Treasury Department WITH tho Co.csors
] non'ny am quarterly rstu They oh aiuel
from The Office q the Commissioner Of Customs BY
Auditor when he stated ths unit March 7, 8,3;
ara the amount being thls ascersind reported by
tho Auditor, his seeount and ali the vouchers
turned 10 the Gree q Commissioner of Customs VINO,
neverbsless rejected the whole credit Tor Collectors
| SHIRE A. folow.:--
.suss ndsd for statement Of the exp~rses OF storage
10 each ese receipt Of which tn question whether
the late Col ecto IL entitled 10 sry Ut the net pro-
| cetds, viii b. acted upon BY the Department"
On The dsy the Treasury Depa,t ment perem,'o-
ny directs The defendant to pay the whole amount in
Ihe Court decides that the defendant entitled his
shae Of tie MT procseds Il seized liquors, $3apa ID
Crneciod wi h this point because Ct tho attempt on
the part OF the Treasury Department to Charge tho de-
,enoapt with damages pad to the owners OF Certain
Trench vessels for r~canaiions under ci,r Of ths Nc
a september IS, 1850. which authorized tho payment
only in cases Of improper seizures Is tho
SEIZURE or FRENCH VESSELS ron A VIOLATION OF
TAX NAVIGATION ACT or 1917.
The act prohibits the mp,rtauon, IN foreign vessels
he e"upry to wien the vss Sc. belong. and the VIOLA
.n of the act subjects vessel and such goods to ffot
but he act provides that this prohpi i'm shall Mt
be- sxt+Ddeu to vessels OF any foreign lon that shall
MT have lke regulation. A. the time defendant loft
f., California France had not extended any such prvi
In Jnre, lS49 the Secretary of the reasury was OH
chilly informed by The French Minister that by
law 81 France such prohibition M longer eufcrcsd
against American vessels, and the like privileges
therefore claimed IN American ports for French vessels
Tbis right ny the Secretary Of the Tres.
~ tG the first time 10 his letter T. the French Mnts
1T eth july 1S49 ana tbs Treasury Dep nsnt thersap
Oh gives the necessary Instructions to the Coco ~ the
Atlantic Dcrts. but notice II this change In
nsrc's relations with France gwen tn Collector
o. Upper Cao,nis until BY lstsc Of the sary Of
copy 81 b,s letter of 9th July, 1s49 by mail TO the
idsht, which reaches him 10 the folio wing Nay Ia the
mei hume the Collector had seized Fren h
violation NJ this but relSasea such a. gave bonds
o. ebde lie decision Of the Secretary os the Treasury
TIE Treasury department. were advised by Colieco,s
letter, Of tle 10Th November 1919, that the
Collectors II seize such French vessels violating this act
The French Miri4,er. afterwards. made clsms eslat
% the ownes Of these vessels for such Illegal seizures
all Of which we've prior to MAY, 1850.
The gonnd OF comp ain. the part Of he French Min
expressly recognized 10 the letter Of the Secretary d the
irtaury OF Oh july i849. yet ''as lac May, 1880
,, OF p" q .ns cnans" 70 our comsrds
"wbo co, hDed himself rightly to the te Of tns isw,
spd ne Instructions Of his government"
Large had been paid BY the Treasury Department
u he owners II such French vessels VIII CHI the Treasury
eIslnent set against the claim Of the deleadant
for hts sbsre Of tbs stized Bquers.
Bot appeared that the setting Of the brandtes
for in POI ing item in prohibited packages, and that the
o. ne liquors were legi .ezar.s ano the de'en
vi0l. ion Of tie Navigation act Of 1877.
Tie Court decided that the Celecter's claims for his
hare II he seized liquors not affected BY the pay
neLt OF these French claims.
PAYMENT INTO TIE TREASURY OF 18TH SEPTEMBER,
1863.
Suits were brought against the Collector in California
for Official acts and .hen deendan rendered his account
fr e last pred quarter, he reaipei In his hands
sufficient indemnity himself sgainst these sut-,
and until tne Department shopid that the
goseinn ent would pro'ect him, all which subsan
TALLY stated in the account These being
given defendant paid into the treasury tho 18th
september 1885, the sum Of Sis $40 05 which n.luded
not only the Whole bslBn~e In hi- hands (eta ming hi
the Collectors share Of sez.d liz aors)
out slo IL cuded TIE money stolen from Deputy Cec-
tr's office at Monterey, which the Department had
charged TO he defendsn and requested him to pay
This rum was the precise amount h. had proposed aud
certd pay before and at the time u the III
the I'll March 1851 and which, accepted ding
to. Auditors statement wouta bsve left only the quss
ton II deBdsDts commissions the defendants liza
hiy Tor the stolen money to b. decided by thu Court
rsso accordingly; but when the accom-. came ba 70
III, ce OF mmis sioners Of Customs, another itm ct
sast 9. ss'ss - tossing coss,0rs share Of se..s a
vsuobert-,he Whole Of which were and had been Cor
months IN The Treasury Department and had just been
carefully examined in the Auditors Office, and returned
| TO Cmnis.iorers Of Customs
lbs payment Of 10th September, 1858; was made to
the Asistant Treasurer liz New York. and duplicate
refs given under The instruction Of the Secretary of the
Tna.uIy. and the day the Assistant Treasurer
give caeal rocc 80 the Secretary Of tho Trearry OF
such payment, and forwarded to him copies Of the re
osi,s and his letter Of the 18th september Acknowledged
H. receipt and declared II to be satisf'cory TO tho
/
oefendan's attorney to the Commissioner OF Customs on
Yet On TIE I'D Of September 1853, new account VA,
saie' In the treasury Department. and this credit OF
slls,546t b was altogether ouit,ed On the receipt
this account the attention of the Commissioners OF Gus
was called this omission by letter DEFENDANTS
attorney OF oh October, viii the Comm ssoner 'hss
tens to .cknowle.se or the SIS. ana 10 that iet'e,
tie payment but sm nov t3lst octooer) directed by
secretary q The Treasury to carry the 'um so pad
e,erthelese when the cause was brought TO trial In
April 1864, the plaintiffs counsel introduced the &C
the Treasury department and signed BY the secr
tary OF the treasury. In person, on the 10Th Sspen
her lssa where This credit l. entirely omitted, and the
council for the COVE Dnent stated that be In
s,ruced to admit the payment, and claimed the whole
there ecily certified 10 be due-seing The sum
Ills stated included debt for the imagn ,ry
,. sbooel ~ exceeding the actual amount more than
ut; but ny the very OF the act were given
| Ito the ufe Of the colleciorn
| The account also cisirned Interest upon its fictitious
balance from the time seendsn lett the Office l4th
uaIy, 1851, stated at the sum Of 81, 2s6 81.
On The trial the Isyment Of ieth September va. Of
| def. pdaDt no interest was all. wed eithe- side.
| MONEY STOLEN PROM THE OFFICE or DEPUTY COL
| LECTOR AT MONTEREY.
The act 81 20 Hach 184g provided tina. there should
b. Depoy Collectors Office Mt Monterey. Thi- deputy
~ss 10 be sppin'so, not BY tbs Collector alone out
Collector bonEatss aid the Secretary Of the Treasury
| spproves.
The deputy is worn efHcer, with salary Fixed BY
| law.
The Collectors ofise, whether ssfs unss'e ws,
Ne builcirg the government provided. 10 D-cemb-r
Jet0 tki flee broA open and robbed of - Ito %
without the fault ~ the Deputy, and certain With 1u
the fault Il the Colec VII dnfier required his
slant att nesrce at san sncisco, which hundred
aDc Gfty miles distant from Monterey; had defendant
ever vLitsd sten Monterey during his entire Official
| Term.
The fact o. the robbery not denied, nevertheless
the Whole Of this stolen money charged by tho Tres
suy Department 10 the defendant and NJ perenpto
| rfy required 10 pay this amount into the Treasury.
The DEF bdsnt moDs Aed but, never thss.s paid 1t
In, cainir the trial that the money should be ~
| iupdsd ~ Improperly cha ged and demanded
ne teuIt 30 decided and certify this balance In de-
| fendsnt's favor.
DIFFERENT STATEMENTS OF TIE DEFENDANTS AC
| COUNT IN THE TREASURY DEPARTMENT.
The sco6uns II he defendant stated i've differ
ent tines ~ The Treasury Department in which the re-
turns sgsinst the defendant stated and claimed