The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-09-03

Is peace. In JD6 interests OF Jraue ana COM
merce, and for other higher reasons than even
these, let us rejoice, and let us hope, that Ma
poleon at last sees and deplores the evil Of
keeping Europe in perpetual war excitement
AN evil for which he himself is mainly re-
sponsible.
Secretary MoCuIIOch and the Importers.
From The ". Y. Herald.
Our recent article upon the unjust and lille.
gal administration of the revenue laws by the
Secretary of the Treasury, has had the effect
of eliciting from Washington an attempted
vindication of the course of Mr.. McCulloch
towards our merchants who are engaged in
importing merchandise from foreign ports. 1t
only confirms all we have said concerning the
inconsistent and oppressive action of MoCulloch
i'll regard to our importers, who have paid du-
ties to the Government which have been deci-
ded by the courts to have been illegally ex-
acted. 1t is admitted that an immense sum of
money has been paid back to some particular
persons who had not complied with the law,
by protesting or bringing suit. Now we ask
where does Mr.. McCulloch find his authority
to make an arbitrary rule for one importer
and different rule for another-paying to
him who has waived all his rights by neglect
ing to protect himself by conforming to the
laws the full amount of his claims,
and refusing to pay to the other,
who has taken all the necessary
steps to protect his legal rights, and has
secured a decision of the courts in his favor
The fact is that Mr.. McCulloch permits his
subordinates to make decisions that receive
authority under the sanction of his signature,
! which are daily embarrassing the Government
by their antagonism to the spirit of our reve-
] l.
tribunals, at the same time doing immense
mischief to our great importing interests.
When we compare the days of Corwin, Robert
J. Walker, Guthrie, and others, who adminis-
tered the revenue laws in the spirit they were
enacted by Congress, with the present time,
when they are turned into an engine of oppres-
sion and favoritism-the will of Congress and
the decisions of the courts being set at defiance
we may we'll view with alarm the damaging
effect upon our national credit of the inaugu-
ration of a system which encourages corrupt
| Treasury officials to fill the pockets of them
| selves and their friends out of the Treasury,
and to drive importers who have paid duties
| illegally away from the courts, and compel
them either to abandon the prosecution of
their claims or to corrupt Treasury subordi-
! mates to obtain their just dues.
The facts in regard to the recent decision of
Mr.. McCulloch, whereby several hundred
thousand dollars in gold has been taken out of
! the Treasury are that in the fall of the year
1866 person holding an official position in
the Custom House at this port discovered that,
| by an error or omission of the law of June 80,
1854, the Collector had been charging too
much duty upon certain importations of mer-
chandise. This official resigned his position
in the Custom House, and entered into an
arrangement with the parties interested to get
| back from the Government such duties as had
been paid in excess, he receiving fee of fifty
! per cent. of the amount recovered for his ser
vices. AS no one knew of the error or oms-
sion in the law until it was discovered in the
fall of 1866, no protests were filed against the
! payment of the duties that had been paid
from the time of the passage of the act, in 1864
down to the time of the discovery of the error
in the law in 1866.
| Our revenue laws require, in all cases, that
the importer shall file written protest with
the Collector within ten days from the pay
ment of the duties otherwise it is deemed a
voluntary and legal payment, and cannot be
recovered. No recovery could, therefore, have
| been had in the courts in these cases, as it is
absolutely necessary, in order to obtain judg-
ment of the courts, to prove that all the re-
quirements of the statute have been complied
with. AS before stated however, decision
was obtained from the Secretary of the Trea.
sury directing the Collector to pay back to the
parties the excess of duties paid by them
| altnOugn III Is aunllJLeu JnaJ Lne law req ulrlng
the protest had not been complied with.
1t is stated that these were "exceptiona
cases. manifestly just and equitable in theii
character, and meriting the special treatment
extended to them" We should like to know
wherein, and in what particular, these cases
are exceptional cases, and wherein they
merited the special favor extended to them by
Mr.. McCulloch 1t would seem that they come
clearly within the category of speculation
upon the Treasury, which the Secretary 81
much condemns, and still he authorizes them
to be paid Notwithstanding the fact that the
claimants had not complied with the law, anG
could not have sustained their claims in the
law courts.
This especial treatment" by Mr.. McCullocI
of certain claims has aroused a storm OF indig
nation among our mercantile community, anC
a determination is manifested to sift the whole
matter to the bottom. Ever since the forma
tiOn Of our Government, Congress has deemed
the judicial tribunals to be the proper ones t.
settle and determine the many delicate anC
important questions arising under the Revenu,
laws, and no previous Secretary has arrogate(
to himself the power of setting at defiance thu
will of Congress, as expressed by the decision
of the Courts; and if Mr.. McCulloch persist
in his present course the community will b
edited by the knowledge that our Judiciary
{ which is supposed to be the guardian OF tn
rights of the people, is under the control Q
Mr.. McCulloch,
Cnus II N aaN n