The New York herald., 1870-12-29

of placing IN or Withdrawing from any bonded ware
house any spirits or other merchandise for any par
pose whatever punishable BY lmprlson-
ment And section thirty OF the act 0f 1867 made q
conspiracy to any offence against the laws OF
the United States TO deiraud the United States II
OF the parties do not any TO effect the Oh
Ject thereo', misdcmeanor punishable by penalty
In January. 1865, II was enacted "that from and
after the passage OF this act distilled spirits shall
be Withdrawn or removed from any warehouse for
the purpose OF trans portation - or for any
other purpose whatever until the fun tax ON such
spirits shall have been duly paid TO the collector of
the proper district And all acts and parts OF acts
they are hereby repealed"
understand tine claim to c-That although the
execution and signing, or the procuring OF The exc
cuton, &c., &C., OF false and fraudulent bond, was
offence against the laws OF the United States and
q conspiracy TO commit such offence was formed
anu act done to effect the object thereof In the
year 1867, yet when In 1868 II enacted tnat Ill =
titled spirits should not be removed until the lax
shall have been paid, the enactment not only ope.
rated as repeal OF the f0rtieth sect on, which had
permitted q removal on the giving OF bond, but 1t
PREVENT THE PUNISHMENT
OF previous offence committed by executing or
procuring such q false or fraudulent bond when q
bond was conessedly required by law, and 10 pre-
vent the punishment OF previous conspiracy to
commit that offence.
The claim In this behalf naturally suggests
an inquiry by way ol illustration. Suppose
bf act OF Congress the forgery or counter
letting OF notes bills issued b, the United states
by authority OF law for circulation as money
should be declared mlsdcmeanor ana made pun
ishable by specific penalty or term OF inprson-
ment, ana thereafter, while millions VI such Dills or
notes are outstanding, by another act the authority
to Issue biS "irOm ana after the passage Oli such
latter act should be Withdrawn, would the bips
would forgery or countereiring thereof he any less
misdemeanor punishable under ana by the
specific punishment prescribed In tue previous
statute?
am not able to perceive that law forbiddlng
the removal Of spirits from q warehouse, from and
after the passage OF this act unu the tax Is paid
has any operation apOn bonds previously gwen ON
such removals. or upon az offence previously COM
mitled Dy the signing or execution OF laise or
fraudulent bond heretofore required as condition
Of such removal the removal having been made III
reliance thereon. The offence
WAS COMPLETE WHEN COMMITTED,
and was punishable as misdemeanor. The law de-
claring the offence and prescribing the punishment
Is untouched. Bonds given, therefore, upon re-
movas are valid 70 secure the performance OF their
conditions. All that has been done IS to enact that
after the passaee or the last statute removals upon
bond shall not be permitted.
An application was heretofore made to Mr.. JUS
tice Nelson for Will OF habeas corpus By be-
haif or the petitioner, and hls opinion Is cited TO
me 10 the effect that the act OF 1858, which lorDlds
the removal OF spirits without the payment OF the
tax thereon, certainly repealed section forty OF the
act oI 1866 which permitted such removal on the
execution or q transportation bond.
Nolhlng can be more plainly true than that pro-
position But that opinion contains no decision
that the previous execution or procurement of false,
fraudulent bonds was not under The Iorty second
section offence, or that previous conspiracy to
commit that offence and an act done to elect the
OBJECT were not punishable under section 80 OF tho
act of 1867, Notwithstanding removals ON bond
were no longer permitted.
He denied the motion on the ground that the
fourth and ulth counts III the indictment good.
and were sufficient 10 sistiin the convection ana
Judgment. But having reached that conclusion, he
says IN terms.-"As this view, IN my Judgment,
disposcS Of rns application shali not look into
the question as TO wnat effect the repeating act Of
1868, as II respects the transportlon bond. has upon
the other counts in the Indictment; nor have we
formed any opinion on tne subject.n
The motion Should think, be denied.
For the petition, WA. q. Bartlett; for the United
States, District Attorney Tracy.