National Republican., 1873-05-02
TuR PnEIPs, DODGE & co. cOMPRo-

Tho Baltimore Sin OF yesterday contalns q L
labored editorial which reflects with diguined
severity on the conduct Of eS-secretary Bout
well 10 the Phelps, Dodge 4 Co. compromise |
case" and we wish to suggest to our neigh |
bor, whose opinions are always carefully |
formed and honestly expressed, some errors |
into which we think he has fallen. Hls the |
ory appears to be (and We must say that II
looks little as though the wish was father |
to the thought that the publication Of the
correspondence was Of doubtful propriety;
that the quarter Of q million Of dollars paid
by the Arm was forced from them by some
sort Of official pressure; that there Is no
proof, statement or admission OF the inten-
ton Of Phelps, Dodge & Co. to eyade the
payment Of duties or to violate the customs
laws; that the acceptance by the Department
In the way Of compromise Of a less sum than
the law allowed was improper; and that the
imposition Of q penalty when no crime was
proved was an abuse Of power which, II
conferred by law, was dangerous, and ought
to be abolished by Congress.
Now, although we are not advised on this
subject from any official source, we think We
arc correct In saying that the officers Of the
Treasury were, in q manner, forced into the
publication Of tho correspondence, although
such action was at variance with the usual
practice Of the Department. II we arc not
mistaken, the firm Of Phelps, Dodge & Co.
was assiduously advertised In various news
papers, religious and secular, In telegrams,
editorial mentions" correspondence, &c,
ns y hlgh-toned, Christian firm, the purity Of
whose morals was only cqualSd by the sound
ness Of Its credit, aud that the assertions of
the officers Of the Treasury that Ii had been
guilty Of making false invoices or returns,
In order to lefraud the revenue, were absurd
in the extreme, md could only be the inven-
tion Of spies and detectives who were after
hlackmail. They undertook TO Offset their
reputation for morality against the figures
and facts shown by the Government, and
they settled down on this syllogismi We are
pure and moral, and cannot have ''done this
thing" we are accused Of having "done this
thing, which Is impossible; ergo, our accusers
are liars and bear false witness. The Gov
crnment could not allow its officers to rest
under the imputatiou which would arise even
from this feeble fallacy, and in vindlcaton Of
Its course was compelled to tell the whole
story. II Ia understood, also, that the sum
paid in compromise, and oven a much larger
sum, would have been cheerfully paid II the
Government would have given public assur-
ancc that Phelps, Dodge Il Co. were Innocent
Of all blame or intent to deceive; but Mr..
Boutwell, concluded that he could not afford
to whitcwash the reputation Of systematic
pirates on the revenue at the expense Of ad-
mitting that his Department had obtained
$4,000 under false pretenees. As to the
guilt OF this drm we have only to point TO the
correspondence aud TO the fact that the
money was paid; and 1t Ia not to be supposed
that this was done either out Of wanton-
ness or charity Successful New York mer-
chants do not, IA far as heard from, in
dulgc In such luxuries. The reason for
accepting, in compromise, less sum
than was allowed by law was clearly
stated by the district attorney. The law
might allow heavy penalty, but q Jury
might not award II. II Is well known that
the penalties prescribed In our criminal law
are too heavy, and, by their excessive sc.
verify, defeat the object OF the law which Is,
Of course, the conviction Of the criminal,
and, thereby, the prevention Of crime. No
jury In Christendom would condemn boy to
Ave years imprisonment and Ave hundred
dollars fine for stealing a letter from the
post office. Trials Of this sort arc farce,
but in cases like that Of Phelps, Dodge q
Co. something may always bo made by COM
promise. The thing Is done every day, both
In private and In public business. It probably
will not be long before Taintor, the last SEN
sation in the way Of defaulters, will be offer
ing to compromise. The perpetrators Of the
famous Lord bond robbery" were never
brought to justice because they generously
gave up half their plumber Phelps, Dodge
Il Co have admitted their guilt by paying 4
penalty Us large as can ordinarily be col
lected, and thus the ends Of morality and
justice are satisfied as far as they can bo on
this mundane sphere.