New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-25
SQUEEZING THE MERCHANTS.

6VCEELINU LIE hLht MN 10
A few days since Judge Blatchford, who pre-
sides over the District Court of the United
States, made use of this remarkable expression :
"The Government cases appear to have col
Elapsed of all that were on the calendar
"Only five or six have been tried. 1t seems
Z" that when little squeezing is brought to bear
"upon the defendants in those cases they dis
appear" The Government cases here referred
| to in tone half of regret and half of sarcasm
| are mainly revenue caseS-cases of alleged
| violation of the Customs laws. The "squeez-
ingn may be the hand-cuf process of De-
| tective Jayne, or the high moral pressure of
| District-AttOney Bliss, whose finer intellect
perhaps would scarce stoOp to the coarse pro-
cess of the professional infOrmer. Whatever
it is. it has always proved effectual, as humid
reds of plundered merchants could testify.
The Secretary of the Treasury has sent to
Congress full list Of the revenue cases settled
by seizure or compromise since 1869, and we
publish this morning catalogue of all those
in which the mercantile communities of
New York and Boston seem to be Interested
Between three and four thousand seizures
are reported, but in the great majority of in
stances the names of the delinquents are not
given. Generally it may be assumed that these
are cases of smuggling in which the Govern
ment attaches the goods without knowing who
is the owner. The others, of which we give a
full list, represent proceedings for undervalua-
ton or irregularity. Any one who will take
| the trouble, however. to examine the tables
| furnished by the Secretary, will find that in
all the list of $500 cases there is no trace of
single compromise. The marginal reference
is always Seizure sold," or "fines paid,n or
released on payment of value" or proceeds
distributed "under order Of the cOurt.n 1t is
notorious that suits are compromised almost
every day, as were the great Phelps, Dodge &
Co., and Woodruff g. Robinson suits, for in
stance; and yet the penalties are made TO ap-
pear on the official record as having been i'm
posed by court of justice, when they were
really eItorted by a rapaciOus informer and a
twO-per-cent District-AttOrney. This brings
as to the consideration of the judicial
squeeze "a branch of the seizure system
which is yet but little understood.
A merchant is brought up for violation of
the law. He has omitted some usual or I'M
usual charges or committed some trifiing IT.
regularity. His conscience acquits him OF any
intent to commit fraud. He is not3 TO be
frightened by the vulgar menaces of Mr. Jayne
or the sharp pursuit of Mr.. Bliss. lie is will
ing to rely upon the verdict of Jury as to
his intent He so informs his counsel. But in
reply his counsel demonstrates to him the
iudiciaI squeeze. Judge BlatchfOrd rules that
the Court alone is Judge of the intent; the
Jury have no concern with that point Of fact.
TO the Judges enlightened mind the omission
is proof of the intent. His arithmetic is fault
less. He never overcharged a client q dollar
by accident OF design, nor ever made an error
in accounts. That symbol which makes part
Of every merchants account, +. a q. L. (errofs
| and omissions excepted, and thus continues
| the right Of correction in case Of mistake, has
| no weight with him. He can see NO difference
between accidental irregularity and intentional
fraud, and he SO charges the jury. The result
lie clear IL the unfortunate merchant refuse
the compromise offered 10y the iDformer and
the Dlstrct-Attorney he faces the certainty OF
a conviction and the loss Of his whole invoice.
Our Boston Deighbon are better off than we
are. They have judge as well known for
his integrity and legal talent as any Of whom
New \ ork can boas., and who to his profes
siOnal requirements unites strong common
sense which looks to the intent of the Law G
well as to its letter. He secs NO reason for
any judicial squeeze, and sends the accused to
jury Of his peers to whom alone it IL given