New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-03-04
oly moro than once tho secretary has bOen made to

W Va tciSa ibst he drew or prepared The seye-
mi r,hcnue seciOns OF the act OF f3itn l'ol' & most
,tri6iic n1 but had.he desired 20 frame an act 10
enable the Solicitor 10 make every Owner "a St or de-
fcninr any sucn claims or proposing to compCae any
such cla1-rbutay and contr Duto$ 10 llao
bhn,n ingenuity could scarcely haze devised orc DleI
adaped 10 that purpose than the TN ana IOt Sc u va
the act OF March. 1863 IL may not DC th"usat "u fs
&C. OF c Solicitor of the Treasury Who peInas ~, u
consciously, by his own instumcnlaHly mas s and
controlling arbiter OF the fortunes ana inc Ply1Vls 1
the rights OF the commercial citizens OF tue lhpoi""e
Tbe ofSco of socfor Of the Treasury was created by
act OF Congress May 90 1880 Stat p 4lA By tns ae'
the Solicitor has charge of all suits or actions Ioi to oe
mower to instruct District Attorneys, Marshas ana ts
Of the Federal Courts In all matters appeIlaS AZ Uo
ba. otboty 10 establish rules and regulations for tne
Observance of Collectors District Attorneys nv 1, resa
of March g. 1863 az vol Statutes, 1907 he has COZ va S
OF frauds or attempted frauds upon the f1T
their prevention aud detection and for the prSseE Er
OF persons charged with the comsS'S ia H made the re-
cipeut and has sole control Of tue books ana t
an ynercbonis,v order of Judge Ofthe DISTRICT COu,t
~ t1ritod Sfsfe. Hinder the tenth section as heauy
palcuarzcd without his apprOpaton I9 oI ran hv The
Of The United states can DO cOhploiii''' '''N =
viii tbns bo seen that under these different acts OF
q VIZ liz socitor OF the Treasury has deyolved upon
rim 1tes Of the most responsible nature, and requiring
That offcr moi only TO be learned in the law. but to be or
The most perfect uprghtnessof moral character n we
non fbe revenue The solicitor becomes OF even more CON
sequence he is upon the statute BOOK IN IesecD 70
oil sueh matters he is really the confidential adviser OF
the secretary whO amid his multiplied duties oahnol Dy
possibility personally inquire into athe qeStios aLlS
between the CustOnHouse and importers IN respect 10
such matters. When, therefore, a collector makes a
charge upon importer that he has mSdtaeu OF cHl
mtted fraud upon the revenue aud thereupoh sores
his books, papers and merchandise, and tle inp9roSr
prefers petition for redress to the secretary the 1oG
ment is in the Of business, referred 10 he soc,t9r
for report aud advice BY reference TO circular recently
issued by the Treasury Department unoer uae ~ I
49, 1867 II will DO seen that the statute proNdes Dut
modes in which importer whose merchandise mas Deen
seized can obtain possession OF the same; -, ~, n,
One mode pointed out in the first section OF the ae vi
March g. 1871 a Stat. bo6 BY reference TO oonIra.
seen that under the Aforementioned act the importer
cannot obtain relief unless he Distinctly a9hS .S ne
has incurred the forfeiture complained OF Inc iIeasu
regulations expressly say that the secretary WIN ACT on
no applications for remission unless the forfeiture be ad-
mitted in the petition TO have been incurred inns aus
sion being under oath could OF course be used against
the importer trial provided the Secretary should
refuse the prayer OF the petitioner ,o.,
The second mode provided by the act Of March 1863
only refers to where the value OF the merchandise
The third mode s prescribed by onth section of the
mondatOn0f tho solicitor OF the Treasury to any com
promise before the Secretary can accept any COMPROMISE
IL true that the President by virtue OF his general
power executive business, can rndoubtedt, II ne
sees fit direct the DistctAtorney 10 discontinue any
proceeding OF prosecution begun on behalf OF the United
States But il an importer makes an application on that
character to the President would Ds teIeIIeu 20 t
Secretary of the Treasury, who In turn would retef 10
rms n win be seen that the Solicitor holds arbitrarily
in his own hands both by statute and by actual practice,
the fate of every application made by importer for
dess on account OF seizure prosecution begun by Col
Again Collectors OF Customs not subject 70 the or
deI Of any person except tho orders OF the fesdeh
the Secretary of the Treasury, and, therefore, the
Importer ia at the mercy OF the Collector aud tue lat
ter can pursue and harraSs his business unmOesed 10
Will thus readily that il there IL understanding
direct implied between the Collector or inoriner ana
the Solicitor the Treasury that the latter Is 10 receive
pecuniary benefit to be paid on account on seizures ne IS
Whenever an application preferred Tor release nc 49,
III ne has pecunary interest in the result not proper
person to advise the Secretary Of the Treasury 1.-the
law contemplated that the solicitor should have any
interest seizures direct Orindirect IL would have given
il to him by statute as is done in the case OF the Collector
Naval Officer Surveyor District Attorney and INFORM
ers The fact that Congress has absained from giving
did not intend that he should receive any, and II the so
ctOr ia interested IN such seizure he Therefore OKends
sci an unfit adviser the Secretary OF the Treasury and
the unfit II the Secretary unaware OF the pec,ni
advice.
That there n,ay be no misunderstanding or mis-
construction OF the tenor OF these general remarks
the Committee desire TO say thai they design in
them no reflections upon She present Solicitor OF The
Of bIr Chittenden. former Register of se Treasury de
taRE te IaIars OF an ntsTyeM o ~ 1he Fn
may seem py sessSn % Of S having common INF
est with certain Custom House officials, In consult alton
there-Officios who had by law recognized interest In
the settlement OF seizures and forfeiture cases Tho Com
mee believe the 9TH section OF the act of 1868 bad IN
principle bad In practice, and should az once De repealed
or greatly modified The abuses perperaes under It are
multiplying and ntenSfyng ana may ultimate IN some
Of the citizen and man, while wise ana good officer
would not knowingly use its provisions TO abuse
always secured is IL well TO have unnecessarily laws
capable OF abuse the statute books The coDjunc-
would be most caiamitOusa contingency that ought not
20 be needlessy incurred The most material Of the
trating the bearings and tendencies OF proceedings
under this aet-as the same have transpired in
the Committee Public Expenditures submitted
reports incidentally touching The seizure system.
eI i'm ia iuf1
israton gave rise 10 reports that the
oaoas wero Oppressive in enforcing the laws regarding
when the facsGd not warrant such harsh proceedings
cases OF hardship and great oppression but su
Gently numerous and general in this character 10 author
present condition and aspect ia quite different Abuses
have greatly multiplied; revenue officers have from
their procoedhge untl Intervention and protection By
community. Certainly something somewhere and some
how, Is wrong TO beget an apprehension, at home and
in the interests OF nfSHers and selling officers than TO
protect the honest merchant and the revenues OF the
Government. Menace and intimidation have been freely
resorted TO 70 insure speedy sttlcmont by com
promise by these compromise, the CollectoG Sur
head OF the Seizure Bureau, Albert Hanscom,
at once realize an amount certain, and thus
The Committee feel they cannot too poinodly con
denim the practice. which has grown up in tho differ
the Treasury the ful amount Of duties. all Of which
belong to the Government by law Tho facts heretofore
OF the alleged fraud IN the importation OF champagne
wine into the port OF Boston y the Messrs Williams,
affords an ILLUSTRATION OF tho evil 10 which refer In
that the Collector asserted that the Messrs.
Williams had failed 70 the full amount OF duty legally
chargeabie upon the 1pOratiOns, and upon that ground
seizure made. hundred thousand dollars paid
IL settlement Of the case OF which tho Treasury only
received onehaf the amount having all been treated
penalty forfeiture subject division and distri
button under the act OF 1900 II is clear that If the Gov
eminent had been defrauded OF duty the first thing that
should have been done 70 that duty TO the
treasury After the revenue had beeA satisfied then il
would remain for consideration whether an additional
SUM- by way Of penalty and punishment, should DC
dem9ndod Of the importer. This settlement however
was under the 10th section OF the act OF 1863 approved by
tnes9lictor OF the Treasury and hls action was sane