New-York tribune., 1874-02-10

Of q single dishonest importer vk1gTJ'I
The system of compromises has grown up
on one or two ancient statutes. Those were
based upon the proposition that penalties
under the laws might be remitted If will
ful negligence or fraudulent intent were
disprOyed The Secretary of the Treasury
was enabled, under the original law, TO remit
such penalty. Nowadays, nobody hears about
the remission of penalties. The entire game
IA one of accusation, seizure, and compromise.
1t is undoubtedly true that very large pro-
portion of the so-called compromises with ac-
cused importers are based upon charges which.
under the law of 1791 would result in the
entire remission of penalties. 1t is needless
to review this branch of the subject Five or
six recent and especially hagrant New
York and Boston cases are fresh In
the memory of our readers. Well known
importers have been compelled, under great
pressure, to secure immunity from persecution
by the payment of sums of money enor-
mously greater than the utmost amount out
of which it was alleged they had defrauded
the Government. In the majority of instances
it will be found that these alleged infractl0ns
Of law were purely technical, the unfortunate
importer walking open-eyed into web OF legal
nicetes. 1t mus be apparent to any dlsln-
terested observer that the only honest ad-
ministration of the law is that which
inhexbly exacts from the importer all
that is charged or gives hun aoso-
Lutte quittance of all accusations. NO
relief should be afforded in any case of
alleged infraction of tho laws until after
judicial investigation and there can be no
such investigation except by hearing and ad-
Indication in open court. AT present, all com
promise proceedings, so called. are conducted
privately aud without any statement of the
case for the justification or condemnation OF
the accused.
Arbitrary seizures OF importers books and
papers have become so common of late that
there seems to be in the minds of the Gus
toms officers no question as to their right and
duty in the premises. Secretary Richardson,
we arc glad to see, acknowledges that the law
of 1868 is one of doubtful constitutionalty.
Certainly its principle is odious to every
republican Instinct. To say that runner
from the Custom-hOuse has right to enter
merchants counting house and demand and
remove any documents, books, or papers
which he his master may choose to desg-
nate, Is to state proposition which seems
monstrous. Mr.. Charles 0'Conor, in an
opinion on the subject, says
Congress has 10 constitutional power TO authorize
the seizure OF the papers OF private individual and
take them his hands contemplated by the act IN
question. This method OF compelling party to produce
evidence convict himself OF violation Of law, or TO
induce OF his property IL repugnant to the
Constitution. ard for this consider the act OF
Congress and the proceedings under it both void"
| If no legislation should be had upon the
| general subject here discussed, certainly so
anti-repubcan and oppressive a law should
| receive immediate consideration.
| AS to the proper remedies for the ills COM
planned of, there are various opinions. Sena-
tor Fenton's bill. now before the Committee
on Commerce, has for its main principle the
fixing Of the salaries of all the customs Off
GERS of the United States without contingent
fees or possible rewards from seizures or con-
demnations. Secretary Richardson, in his late
letter 20 the Chairman of the Committee on
Commerce, approves of this principle, but adds
that there should be some plan by which rewards
mi ght be offered to infOrmers from a fund
which should not be replenished from the
avails of seizures. Smplifcation Of the law
and the substitution of specific for al
ualorem rates is also urged az a certain remedy
for many of the abuses now noted. Secretary
McCulloch favored the collection of high du-
ties at specific rates, and fixing of the dd
pdlorem rates on all articles which pay light
duties. Secretary Boutwell,, in 1871, drew up
an amendment to a bill regulating seizures,
which provided that an official certificate from
the Collector of the port In which the fraud
was alleged to have been committed, that he
believed the alleged facts to be true, should
be necessary to the issuance Of a warrant for
the seizure Of books invoices, or papers. Thus
it will be seen that several OF the late Secre-
tares of the Treasury favored either revision
and consolidation of the tariff acts, the substi
tuition as far as practicable of specific for ad
ralorem duties, the modification or abolition
of the present system of moieties or the
amendment of the law authorizing the seizure
of books and papers, as well as material changes
in the law relating to compromises Certainly,
here are subjects important enough to engage
the attention of the wisest craftsmanship and
secure legislation which shall be beneficial to
commerce oppressed and hampered beyond
endurance