The New York herald., 1868-11-11


this district ami myself. | dean the action OF the
President In the premises necessary.
II the President or the secretary OF the Treasury
VIII empower rue TO condue- the investigation am
OF the opinion that very important Information mag
be made accessible.
JOHN II. CILMER.
Mr.. dILAgR TO Mr.. LAIRD.
RICHMOND, oct. 23 1853
THOMAS LAIRD Esq, Supervisor OF Internal Rev
In accordance with your request, made yesterday
o. my onhee respectfully submit for your oificiA
consideration the following suggestions in relation
70 the seizure and detention OF A.. Smiths dstti.
lery:-
You have doubtless bestowed the proper consider
ards, Esq, and General Hobart. reference to
those letters and an oncal consideration OF the re-
consideration the various sections OF the revenue
law, and tne objective points necessarily arising In
Allow me to suggest that my letter to Mr. Richards
will prove valuable and safe guide 10 your Judg-
ment In seeking reliable result based on the ex-
cupatOry and extenuating explanations SO eagerly
set forth here and In Washington by the collector
and assessor, on the ground as am Informed that
virtual condemnation Of those officers. Irespeutr
fully ask through you, each and both OF those on
propoanded @ % to Mr.. Richards and here distincsiy
announce the legal deduction that IN each and every
instance in which their answers are not airmatiyely
responsive to the mandatory requirements OF the
law, they and each OF them are equity in tue eye Of
the law.h Since they have sought this controversy
~,
hearing. shall not be forestaled by Official aus.
terity, nor lntimidated by secret examinations in
me Commlssoners no once In Washing on Or eyssiys
cal excuses. have. at the special instance or tho
Secretary and Commissioner, undertaken to produce
"facts and proof' IN this and various other cases
tesy Of gentleman, certainly with the firm resolu-
tion of man who seeks no ravors OF the government
and Graves no special indemnity Of its oiicers.
Then, l ask, what answer can those officers, or
either OF them give to the searching nterrogatories
nroyH unIo fn Ar (tpf ~ ali
mouths will condemn them. The law ascertains
and defines their respective duties and pr0nounces
storekeeper and gauger. They are required =
know and have on record the producing Gu
pacity,n and the 'returnsn must correspond.
refer you sections nine and ten OF the new law.
Here is the gauge measure and capacity OF each dis
tlllery The law is as clear as ITS provisions are
mandatory. These sections create the exact admea-
sureuent las estimated under the provisions OF this
actn See section twenty OF the law in This connec.
tion. The ''producing capacityn s ascertained in
the fuflment OF sections nine and ten, modhed by
the qualification eighty per cent OF the producing
capacity Ia the twentieth section. Consider tho
section twenty-five OF the law, and the perfect spu
lations OF the law made manifest TO the painest
understanding. There Is no escape The results are
coequal to the demonstratlve mandates OF the law.
The provisions Of sections Nineteen and twenty
nx, beyond doubt, the positive requirements, IN
all respects, OF the law. The duties imposed in
those sections do not refer to the producing capa-
city," but create and place In the distery the de-
tectiye guards OF the law which, Il faithfully exc
cuted render fraud impossible The producing
capactyu as to quantity Is nxed to time number
OF masnss 6o the t fs q sEecon e @s Nineteen
other materials are received than can be consumer
by the producing capacity In given time. and u
actually consumed, then the law detects and exposes
the fact that more than the allowed aud recognized
number OF mashe5 are run, and the fraud stands
revealed to the vglant eye OF the faithful onccr.
Now, consider the provisions OF tie lifty-n.nth
section OF the law, defining the duties OF tile gauger.
BY the faithful enforcement Of This provision II the
other and precedent requirements OF the law have
been compiled With the assessor and collector have
In their ofices the precise daily test-gauge by winch
and through which each and both can detect END
expose fraud, II there Is any. -
Now sir, allow me to apply these plain principles.
Let us consider o distillery according to the ma
which, is Id bushels each mash, AMI there are two
maslles day, 22S bushels each day. or 63i gallons
each day Here oil Is plain; But suppose the store,
bushess, and the whiskey actually "gaaged- ~ tho
legitimate product OF this quantity Is the law COM
piled win2 Can the discrepancy be explained
away by the aud coliecJori Ii SO, what be-
comes Of the mandatory provisions Of the twenty
second section of the law ls the law TO stand solr.
by conscience, in the eXcupat0ry eXpo5tClatlonS VI
the assessor and collector. -esi-.--g'-'-s-
In this case VINO ID 10 blame? The law has been
vioated-not one OF its requirements has been com
piled with-by the dstiller, the storeAeeper the
gauger the assessor or collector anu yet with tis
manifest, material and continuing evidence OF the
most paipable and nagrant violation oi It's every pro-
vision, am told that extraneous evidence IS 10 DO
taken to explain why, and how, and when and by
whom it has been thus violated. And this Is the p.ac-
tce In the Commissioners office, am TO be told II
such Is the fact wonder that the whole country II
rife with fraud and the revenue squandered away,
to the impoverlshnent OF the government ana the
The illustration have given you will lnd to be
about the producing capacity OF Smiths distiery.
II such Is IN point @ Of iacs ITS actual =, producing
tain those you have but to consult the records on NE
in the assessors and collectors once. What ara
are they win demonstrate the fact that the law has
been violated, eacn and every day, on every occa-
sion ana every way sac s the
on file, as compared with the recorded "producng
capacity, In Richmond and Washington is It noS
needless for the Commissioner OF the Revenue 10 call
on me for prooff Does not the fact stand forth in
General Hobarts report9 Can It's existence be de-
niedf Shall 1t be explained away BY anidavits Of
the very oftcers whose sworn duty 1t was 10
prevent Its existence by simple enforcemens
Of the plain provisions Of tine laws In such
cases allow me to assure you that the law
Is not, when regularly and faithfully enforced sup
posed to call for or allow verbal explanations Of
visions. To seek them is to explain away the law;
is 70 license fraud and add indemnity to unlicensed
gains at the expense OF the government and people.
In conclusion then, sir, allow me to invoke your
calm consideration and severe examination Of the
II I am right In what have above written pardon
me me i0r saying & tnaS IN my opinion no oral or VIII;
nnwsrs ars pnnv nn,odeH ~ rho su1
been "fathfuly executed and complied with" It 4
fuoue IOuI uuty 10 diu III tue preventlO0 QeteClO0
and punishment OF fraud.n
You remarked to me yesterday, In our interview,
that you were instructed by the Commissioner to can
on me for my charges. replied, II had no charges
10 make; but, as retained counsel Of the Treasury
Department and at the especial request OF the Secre
tary and Commissioner had tndsputabie evidence
OF numerous frauds. which would at the proper
time and In due order prcduce.'
In the case now under your review behold the evi-
dence as rejected In the report OF General Hobart,
on flc IN the Commissioners oflce. Consider the
proofs and facts as they speak out In audible tones
IA N 6q in ha
sorts once Contemplate them a5 they lie embedded
among the dies in the collectors Office when the re-
the "actual producing capacity.n Regard them as
unfoded In each leaf ofeyery record In Richmoud and
washington ana then allow Cue force to the law Ia
all or Its mandatory inhlbitlons and Affirmative In
functions.
Smiths case Is bnt one OF many which have passed
under my special notice. All have stated applies
with equal force 10 the other two dstillerles. Be-
sides those instances have IN regular conmunt-
cation addressed to the Commissioner cited another