New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-14
NETWORK DAILY TRIBUNE
bftliFs N 3 fSTi5GfHl0Ht2r Sr1rk
LETTER FROM SECRETARY M'CUILOcH.
Treasury DEPARTMENT,
To 1

| WAsHINGToS, jan H. 1915
! GENTLEMEN: am in receipt of your communica-
ton Of Oct II last inclong to me and commencing TO
my attention "a rcmOnstrance from many leading I'M
porers Of New-York having suits pending In the United
States Circuit Court for duties which determined to
have been Illegally exacted, against the delays and diff
cuties which constantly nerposed by certain officials
Of the NewNOrk CustCin-EOlse, with view 10 prcNent
| the recovery Of their money"
The rcmOnstrance does not specify what tho delays
and difficulties alleged TO be inerposed az the Clstom,
House, does 10 state who the officials complained
or but after making this very indefinite accusation pro
ceed5 TO urge general objections 10 me me or deIehso
which has been taken I'm the courts on behalf OF the Gov
The first objection taken is to the course of the Govern
ment through its legal officer the Attorney In
Upon this point have to say that this question Is
presented to me- the practice OF the Courts cannot be re-
Vel Known fact Which this Department cannot fan to
reeSsnze that while poe process r are heid 20 De
circuit they held not TO be sufficient In all cases In
least no such case IS reportedwhere such protest was
regarded as sufficient IN that circuit.
single case only of this kind appears 70 have been
carried TO the Supreme Court and from all the circum
stances attending that case and the language OF the
Inclined 10 regard that decision exceptional in its
character, and not intended TO be Of general application
1t is sufficient know that rule is adopted
in circuit and different one in another circuit one
regarding the decision of the Supreme Court rs OF general
application the other regarding II as VI very exceptional
This conflict Of view appears to me be very unfortu
nate. IL operates justiy toward importers where the
moro rigid construction * given, II the opinion OF the
Court of that circuit is erroneous. II operates unjusy
toward the Government II the opinion OF the Court OF
the second circuit Is erroneous. ~ u question Oh I'D
portanco to all merchants for Is unfair that greater
facility should he extended TO the merchants Of one To-
The remonstants are probably aware that IT Is not every
which be appealed TO the supreme Court rms
only be done when the amount Involved $4,000 or
more exclusive Of costs Undoubtedly come judgments
have been paid IN where prospective protests nave
tried In New ork is the first involving THIS principle
which has since assumed charge OF this Depart
tVplh nm
second objection Is made to the course Of the Govern
mont In requiring the statutes OF Limitation OF the re-
spcctyc States to be pleaded in bar wheneyert Is app
| cable.
new requirement. It il innovation. The Acts OF Con-
direct that these statutes shall be adopted as rules
OF decision in the United States Courts. when applicable
The Supreme Court has repeatedly held that they may pe
Ileeied ana IeSal1n oI Nh viS Cn,Si "Jir,5ts he
pleading in bar Of the Statute OF Limitation wheh app
cable in all Of suits against Collectors FOR the reco
cry OF duties alleged 10 have been erroneousy eNhcted
This regulation has never been rescuded and must con
The principle involved IN these statutes is very old and
Is Of universal application inthis country was adopted
from our mother country. II has ever been regarded as
most wholesome provision. 1t Is Of constant use as much
so M tho present day before The reasons for Ms
application to suits between individuals apply win edua
force to these Collectors suits Indeed think there are
stronger reasons for it, application 10 hese oS EoM
curing in the persons holding official positions, VINO ale
Evidence more easily slips away rom iAc conroi o ths
Government than from individuals Interest In behalf ~
Government fades out more Ihpul othllHtS lHhu "
does for individual. Interest for the GoycInment
from various obvious reasons may much oiteher chasc
| TO species 81 hostility.
may arise should this plea be waived Special eases there
may DC wne ~ reason ,ap this Depafiac
would feel authorized in not setting mp this plea In bar
Whenever such cases arrive trust TINS department VIII
| be found ready to act with Just libculity.
The only other specific objection made by the rcinon
of the Port understand that At times these yerdcts
have been referred for adjustment 70 the Collector put
the Circuit Court. have only TO say IN regard 10 TINS
objection that 1t ~ matter over which The dcIlitm,ht
has no control whatever. The Judges of the Court make
the reference themselves, and al suggestions ~ 10 refer
cDce must be made them aud not to 'his Department
Having thus alluded 10 the several objections made boy
, doca nof make Tho iaws IL duty y 10 recognize and
enforce them FAR they relate to IT, business They
cannot be waived di-rcgrdcd ana they should NOT Toe
that term Is often used All statute law il III Ger
tain but very proper te,, 10 b ~ lary
requiring appeal from the decision or me 'oIr t"r 20
this DEPARTMENT WliIh ~ lIh. a' ~. ho Az
Of suit within certain period ana ne Atis lIOl't ~
each Of entry Of goods where me dncs npo,eI arc
objected to- arr also technical provisions. They are al
contained IN the statutes. Yet ! never heiid any IN
porter complain that Ae was obliged in me protest. 10.
ask the Government 10 waive the objection that none had
been made There Is no npt reason VIZ t,'l,, go
be made 20 have those other provisions OF Ia" waived Tor
II is the desire and Of this Department 70 do
fun iu lice importers In the-e suits. " Intends to have
cut cannot forget that % has Tho rights and Interest ~
the infinitely larger part Of the community not engaged
Nor %P S E m Td y ae }6 hat J eat 70 Soa
has repeatedly been made Of want az vigilance ln inlf
protecting tie interests Of the Government Mtc-lEi
lion. have been made and reported 10 Congress tending
To show that there been u times past want al proper
attention to these cases and special attention has been
directed 10 the fact that these very obecfon which are
now complained technical have not been ntcrpOsed
and taken advantage u by officers Of the Government
II g. true that delays have arisen IN tie tria OF ms
class Of suit especially during the past eighteen months
but feel confident that they have arisen from no ht
OF this Department or Of the officers ~ the customs.
They have sprung Om other causes, entirely beyond ny
/ control. -.
n is INV wish and purpose 10 have such arrangements
made a. viii hereafter more speedy disposition
Of mia class OF cases II Is rs desirable the Govern
mcnt as II for the merchants that They should be taken
NJ md disposed 81 promptly In Their order ana MOI he
allowed To- ncumber the dOckcs OF the courts Tor years
The great number OF pending Ia New York pc
ing rs ana assured between 1900 nud 1000 ana iuN0N-
nQ tho pavncn Of about million ~ duars, VIII require
time and patient attention for the proper protection OF
he Government but they shall be disposed N "a rapidly
as the circumstances viii admit As regards suits that
may hereafter bc brought feel assured there VIII be 10
ground Of complaint ON account or delay IN fcthhb
/ trial or settlement the part Of the Government
In conclusion have 10 CCntlclntnt thai my most
earnest effort, in the administration OF tie duir7oi I'M
DEPARTMENT Is 10 De fully sensible Of all tie Tighe ana
Interests of The individual citizen Of those Of the Gov
eminent and my constant aim shall De To subject TINS DC
nrucut TO no lust well founded TcprOac FOR IT, Hc1n
toward any citizen who may have business relations VIM
It, have the honor 10 be- gentlemen, very icsptcly'
! your obedcnt servant II. NC iI0 ~. 49,
To the Hon W. A. Darling W. j.. Dodge, Henry j. Ray
mond.
! NEU-JERSEY NEVIS.