The Rutland weekly globe. [volume] (Rutland, Vt.) 1873-1877, 1874-03-13

search and seizure that this
right shall not be violated, and that no man
shall be compelled to criminate himself.
What was the action In the case of Phelps,
Dodge & Co., if 1t was not direct denial
of each and every of these rights and prin-
ciples 1t was like this. Some one thought
there had been violation of the law and
that there was a chance for a good round
"moiety." Do they commence prosecu-
ton? Oh no!-that would end in smoke.
BY some sort of process, they propose TO
make these men criminate themselves, and,
therefore, seize their private books and pa
pers-those which might have n possible
bearing on the supposed case, as well as
those which had not. This was in the
United States of America, not in France.
The truth is, the whole system has been
turned from its original purpose and made
a terrible engine of oppression. Instead
of being used for the prevention or punish
ment of smuggling in out of the way
places. on our eXteaded frontier where,
from very necessity, revenue officers can
not he stationed, it is put in force where
hordcs of officers are stationed and paid to
collect the revenue and prevent any kind Of
smuggling. A moiety to infOrmcrs was al
lowed so as to prevent such practices at
such places, not as a bid to allow of it
where persons were placed to prevent It,
Instead of placing money in the national
treasury it prevents it from going there.
IL is now managed, to use the language of
the Philadelphia board of trade, slightly
altered, 50 that honest importers are ''in-
jured in property and reputation by pro-
ceedngs instituted at the instigation of
men, who are actuated by the hope of pc
cuniary profit to themselves rather than a
desire to promote the public good
The tendency is always to dstort these
laws from their true meaning and original
intention, and TO take money from. rather
than put it in, the public treasury-or,
rather. 10 keep therefrom money which he
longs thereto. We have, in Vermont, n
kind Of "moely' provision. the object
and intention of which was to procure q
more rigid enforcement of the law contain
ing it, the result, necessarily being an in
creased amount Of money paid into the
state treasury. Has it so resulted On
the contrary. it is stated ny those who
have made the comparison, that not a sin
gle prosecution has been commenced on
account of this provision. In other words,
that not a single complaint has been made,
which would not have been made without
this provision. The law provides that one
quarter of the fine shall 60 to the COM
plainant-that is the informer. One result
or want of result, we have stated. The
law, prior to tho incorporation of this pro-
vision, fixed the fees of prosecuting officers
which remain substantially unchanged.
Yet, by forced and unnatural conslruc-
ton, II has been declared that in cases
where there is not n specific complainant
or informer, that the prosecuting officer is
the complainant and entitled to this ''moie-
ty" of one quarter-thc practical result be-
ing, that the fine is reduced one quarter, the
costs increased that amount, and the state
treasury receives seyenty-fve dollars in.
stead of the one hundred dollars it is en-.
titled to. We do not believe that the ma
tional or state treasury is one cent better off
with moicty system, spies and informers,
than it would be without them. Why,
then, not abolish The whole system 1t is
undoubtedly, true that some cases of snug.
Cling on the frontier, have been detected
exposed, and punished under this system,
which would, otherwise, have escaped un.
noticed. SO far so good. but it cannot he
kept there. For every dollar SO paid to tho
treasury, two dollars have been withheld
which would, otherwise, have been paid
there, or has been paid out in the way OF
| salaries, costs, expenses, etc. For every
instance of deliberate wrong doing so un.
| carthcd, there have been two instances
| where private character has been uniustly
blackcned. The scripture rule is reversed
and it is held that nincty-nine innocent mer
should suffer rather than one guilty mar
escape. The republican is not guilty Of
foisting this iniqutous system upon the
country, but they have the opportunity of
| identifying their name with its abolition
| Our hope and trust is in them.