The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-26
The Secretary OF tho Tre...ry and the I'm.



D0rters.
A very general dissatisfaction is being
engendered among the merchants and i'm
porters Of this city, in consequence Of the in
consistent action Of the Secretary of the Trea-
sury in relation 10 ovsrpaid duties on imported
merchandise. 1t seems, from the facts before
us that large number of merchants, who have
brought suits against the Collectors of the
Customs for excessive duties paid under pro-
test and appeal, and have obtained decisions
Of the courts in their favor, have mede appi-
cation to the Secretary of the Treasury to have
their claims adjusted upon the basis of such
legal decisions, which he refuses to do, and
directs the questions to be further litigated,
not upon the merits Of the cases, but upon
technical, and, as it is claimed. unreasonable
points and obj sctions. During the past winter
the United States circuit Court was engaged
O greater portion Of its session In hearing
and disposing OF a large number OF ques-
tons arising under the revenue laws, many Of
which had been hanging in the courts for years,
the plaintiffs being unable to bring their cases
an for trial in consequence Of the opposition
or oovern e.-asat officials. The trial 81 test
case settles, of ooS:-.s, tho principle involved
In many others, the facts being me ssne-she
importers being obliged under our revS59e
laws t0bring separate suit for every imp0rta-
ton. It has been usual under former admins
tralions where q question has been judioially
settled by tho courts, to refund to the asr-
chants who have complied with the law (by
protesting and bringing suits) the amounts
due them, without requiring trial in each and
every case. The present Secretary of tho
Treasury, however, ignores the practice here
resist by every means in his power the
payment to The importers of their just dues.
1t also appears that, by . recent decision Of
the Secretary Of the Treasury, several hundred
thousand dollars have been refunded to some
importers Of merchandise who had neither
protested nor brought suit-some Of the i'm
portations dating as far back as 1864.
The importers who have complied with the
law, and have secured judicial decisions in
their favor, complainant we think with
much reason-of the inconsistent course OF the
Secretary Of the Treasury In paying back, in
cases where the law has not been complied
with, an immense sum of money, and re-
fusing to pay in other cases where
1t has been decided by tho courts that the
money was illegally enacted. This whole
business Of overpayment Of duties requires
thorough overhauling by the Secretary Of the
Treasury, and radical change in his Depart
ment, to relieve 1t from the suspicion that now
exists OF fraud and fav0ritism.
The merchants seem to be determined to
sift this whole business to the bottom, and to
have il known who is the power behind the
throne that has in reality more power over
their interests than Congress or the courts.
From the facts before us there appears to DO
but little doubt that the government, by re-
cent decision Of the Secretary Of the Treasury,
has been obliged to pay . large amount Of
money which should never have been paid,
while money that is honestly due is kept from
our importers, without reason and against judi
cial decisions.