New-York tribune., 1869-05-11
IMpoRTANT CHARoE BIZ JUDGE BENEDIC,


United states Circuit Court for the Southern District Of
NewYork Judge Benedict charged the Grand Jury sub
stantally az followsi q. t.-p e. lh-s 't.
The war; which decided the question whethet q Gov
erhment framed like ours had the ability TO qnel by
force OF great rebellion raised another question,
which is now In process OF solution, namely, hhehe
such Government can surely provide for ne payment g
lie debt must be obtained by taxation and this taxation,
under the most favorable circumstances must be heavy
1t will become odous and lnoerable II 1t Is to be borne
by the honest and wedpOsed classes Alone and aVOoeu
by those willing to grow rich at the expense OF their e
low citizens through fraudulent evaslons OK the law.
This latter class-numerous and powerful both socially
and politically, has from the beginning confronted tne
government In its efforts TO collect the revenue AT rst
the Government attempted to compel their obedience by
seizures OF their property and large quantities OF ner
fasS @ ds5eSsei soS IN B e the n W failure the
frauds Increased both in number and IN magnitude, anu
the Government compelled to turn TO- us last feso
-the criminal Jurisdiction of its courts IL s now mere
FORE and elsewhere engaged In the eort 10 cheUA
these frauds by Of criminal prosecutons,t9e IN
dlctnent trial. conviction. and Imprisonment OF deiraud
ers OF the revenue. nasmuch then, as no man can 20
the community of which the Government but the repre-,
sentative now turns TO the grand ures Of tho land ana
or low rich or poor, who is found to be en-
gagged in fraudulent eyaslons OF legal takes, t
which these frauds assume but it my duty put
IN OF what have understood to be the acts
Won and TO aude general terms TO others which your
own Inquiries will expose. begin with what nave peen
designated the drawback taxes These cases have been
the subject OF examination in the adjoining district ana
arc transferred TO this district because most Of tho trans
ander cover Of tho provisions OF law which enable per-
who has paid taxes upon manufactures |hch nc "a
terward exports back the taxes he has pgld
upon proving the actual expectation OF the goods 10
obtain this set Of paperss necessary III every
case consisting rst OF an Internal Revenue COeceis
certificate that the tax on the goods has been paid sec
ond certificate OF the Collector OF Customs that such
as actually expote third an adavt by
the shipper to the identity Of tho goods upon the mani
fest and the goods upon the tax receipts fourth, eer
tihcate Of an Internal Revenue Collector that proper
bond the Government against any relandlng on
the goods has been filed with him. These papers must be
certified at the Custom House, and then 20 10 the de-
partment at Washington TO be examined there II found
check for the amount Of tax drawn 10 The ORDER
OF the shipper upon the Treasury Is returned Numerous
Of such papers as you Will see representing sums OF
from 5000 OOO eaeh-a false, no such goods having
been exported there being such shipper aud no such
manifest ON fe-the bonds being fraudulent the sigma.
space OF months time, passed through the custom
House here been certified have then passed ne
Department al washington ana mere apProIeu, a 20. nr
responding checks been drawn ana pald-eYery ono or
nearly every one upon forged indoIsemgntv g d
which thus enabled to describe, because 1t has al
ready been the subject OF examination IN the aoonnE
district is not disputed ana tue money Is gone ~ MI MI
be your duty TO say who shall be accused before tins
court crimnaly responsible for the Transaction some
flair are already under bail One has been brought rom
Floda for the OF the Government Is longs others
have escaped beyond the sea- II viii be your duty now
ever, TO udct all who appear to haNo been connected III
the design whether present or absent In your ekaDina
tlOn OF this case you will have occasion TO see WIN wat
lOoseuess the public business Is sometimes conducted ior
law have been accepted good without any Identified
ton Of signature Of persons and without an inquiry as
greater part being In fact executed In fictitious names,
by persons entirely worthless. II will also appear
constantly appear upon certificates now claimed 10
be forged and that part OF the files OF the collectors
taken To AeighbOrng city by having 40 cInnec-
ton whatever with the Government there dealt with as
uuknOW parties uight desire, and then returned with
out objection remark have explained the features
tis you fully because you will be called ON 70
IL
tent exceptional II You extend your inquiries INTO other
similar frauds have been there committed You win nnd
that in the Warehouse Department has been possible
for certain parties to withdraw dutiblo goods without
payment of any duty, until the loss hom
singlo warehouse has equaled tO0e0, aG-
cordng to the estimate Of an official.
The parties who committed this fraud walk the streets
to-day, well known but uuprOsecuicd and unpublished
be called punishment. Nor Is tho to which am now
aludiug, and which you WI md fully dsclosed upon
the ies sf This Court the oy opo Of s cas~ which mas
occurred aud with similar result u am correctly IN
formed You may think proper TO Inquire into them all:
without conuiyanee on the part Of the officials aud You
shall accused before this Court for giving accept
Ing brides There Is also an abuse at tne Custom House,
W ny Tue @ p1pS & s % ,s ne bScS cases viii give
you painful proof refer 20 the custom oI giving and
he hands OF tie Collector eontlcmen in any
effort stop this steady now The law lies at Jour hand
IL any ofirer Of The Rsrenus shah tno~uey seeep from
snJ person nsPeeto q goi Herohad's into
bs tad sGit' u,sl PragaL e.Is or esai 70 any sch
importation, ia tic ntJ ., a1y goods ssr or sh Fee
grit. OF euogsu Wbttoerrr; sub "neer ,A on eouuoh
eeerg s3eo be imprisoned not exceeding TOE dsefe
Sac sny person shall be ,be,ged the importation Of
goods hani toto tie unsi Sisiss sho shall be IA
eTisn,s shiIl Al lay time Bats Os,r sny
ID; sios s az E ., % ss ] .i. ~ S % S iS. g. Ss5 ss5 a f S
Ios,tng s5o1 bs iaPousd mol eIeeeHg tsOJs at toe as
Tie market price OF whisky is stil lcss than the first
cost Of manufacture with the taxes added. From tho
foha trad honest dealers
Much Of the income tax goes uncolected The fTaudn-
lent bond maker still drives ms busy trade Men known
10 have grown rich by Illegal means have escaped even
the accusation Of fraud and Haunt their wealth before
the public eye Honest officials have been compelled to
leave the service for want support the perform
OF their duty while other officers who have renamed
and dared TO endeayor 20 protect tho Government have
found very Government they sought 10 TUNED
against them aid used with effect 70 accomplish their
destruction and disgrace. In Wow OF Decentralization
these facts disclose do yon wonder that some
query whether the proper enforcement OF revenue
a civil service as 1t has hitherto had =
These remarks will have failed OF their intended effect
II they have not served TO deepen your sense OF ths re-
spOnsibity which rests upon you, and % strengthen
your determination TO discharge yourselves o tnht re-
spOnslDly III buch manner ~ 10 slsiy the proper uS
mands OF the community In which you live 10 ehaDlo
you to 40 this great powers are given You no matter
scrutiny No OF whatever degree refuse 20 obey
rogatores No compromise OF department can nave nave
effect 20 stay your hand Within your extended sphere
you supreme. Use, then these great powers freely
with all due care, mindful always that the mere
examination OF "a uhnhdcllOn III optu tbuit ~ Vi'oH
OF great public benefit, and also mindful that such an
examination is often OF itself great pgniAhment
IL your province 20 try the which you may
consder that duty deyolyes upon tho Petit Jnry-the
Courts but You diligently To inquire and true pre-
sentiment to make OF every Oense arising under the Laws
OF tho United States which shall De made 10 appear by
reasonable prna face proof This duty charge you 10
perform. aud IL TO It's performance you shall Dsng that
patience that intelligence and that good courage which
the occasion dOmaDd you Will render an important ser.
vice your felowoitizeDs well as 10 tho Government
which protects you and under which IL Is your gsoa Ior
tuno to live.
INTERESTING PATEST CASE.
Mr.. +. S. Bartram the NewYork agent of
the Weed Sewing Machine Co., made affidavit before