New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-06
TRE1SrRY COMPROMISES.

infraCtons of the revenue laws. Probably
most people will be amazed to see upon how
slight q foundation rests the authority by
which the Treasury Department reviews the
proceedings of every revenue officer in the
land brushes aside the DrOceedinpS or tho
Foao.ai courts, and Overrules the decisions OIL
the highest judicial officers in the Republic.
In the collection of customs especially there
are numerous pitfalls for unwary feet, as well
az numberless loopholes by which dishonest
importers may escape from justice. Early
in the history of the United States
it was provided that final appeal in
certain cases might be made to the Secretary
of the Treasury, so that persons who had in
nOcently transgressed the law might have a
final hearing where the facts would be re-
viewed by the light of common sense and the
equities involved. BY statute of 1871 it was
provided that, after the United States District
Court had decreed fine. forfeiture, or pen
atty, the defendant might carry up bis case to
the Secretary of the Treasury. This was dis
tnctly understood to be a provision which
should cover all cases in which new evidence
might have been discovered, or i'll which ex-
tenuating circumstances, not admissible III a
court of justice, might be urged. But, that
the dignity of the law might be IN
no way offended, it was expressly pro-
vided that all proceedings should be
based upon those already held in the
courts where the case had been already de-
terrnined. The statute to which we have re-
ferred provides that the claimant must notify
to all persons interested his intention to APP
peal to the Treasury Department; he must
petition the u. S. District Judge, who shall
institute summary inquiry into the case; all
the papers must be sent to the Secretary OF
the Treasury and that functionary may remit
or mitigate the fine. forfeiture, or penalty,
it, in his opinion, the same shall have been
incurred without williul negligence or in
tention of fraud in the person or persons
mourning the same Upon this compare
lively slight foundation has been reared the
prodgiOus fabric known as the Custom-hGise
compromise system-a system which compro-
misses with fraud, puts spy in every mer-
chants contingencies, creates a brood OF ay-
ariciOus infOrmers and special agents, and
makes it possible for the most honest importer
to become involved i'm a web of fine entangle-
mcnts from which there is no escape but by
conviction for constructive Oiienses or by pay
ing a tribute which is itself confession
To say that this state of facts is chargeable
to a protective tariff is childish. An abuse or
a law cannot fairly be made an argument
against the principle which underlies it,
Courts at law sometimes become instruments
of oppression. Shall we, therefore, abolish
the courtss A clause in an ancient statute. as
tlu int nd IN
give a last resort to innocent men who might
have been convicted on technical grounds
Under that clause, to all intents and purposes,
the laws relating to one class of oifenses have
been made imperative. 1 10 whole mat
ter of adjustment has been taken
out of the courts and lodged in the
Treasury Department More than this, it
has been put into the hands OF ire
sponsible men, who are not publicly known at
all in the case. No intelligent person supposes
that the Secretary of the Treasury examines
the details of case involving few thousand
dollars and many nice constructions Of law
and Treasury regulations. Subordinates III the
Department, the deeply interested seizing
officers and District Attorney invariably fix
ND the particulars of a compromise. These are
accurately adjusted to the means of the strug-
Cling victim and his anxiety to escape from
further persecution. In some instances there
may be review of the proceedings IN the
courts; generally, however, the motion for a
compromise goes straight from the first seizure
to the Treasury Department. spawn of go
betweens, "intluence- men," and shysters sur
round the avenues through which the decision
no nc nat
twenty years a new race of lawyers" has
been born; it is the bushes of these practi-
TONERS TO "get cases through the Treasury"
Every importer who has fallen into the evil
net of the infOrmers and Special Agents
knows the mysterious men who reach
through the law Office of the Treasury De-
partment to the pen that signs his release or
writes out the price of his ransom. And a
large share of the money exacted of the en-
shared importer is divided among these
harpies.
An open trial and oral decision in court
of Justice carry with them weight of dignity
and influence which should satisfy all who see
and hear. Under the later practice of the
Treasury Department proceedings for the re-
covery of moneys alleged to lie due the Gov
eminent are conducted in secrecy none know
how the decision is reached, and society is
not satisfied whether the defendant has
been fairly convicted or simply feeced. A
single error in an invoice will forfeit the
whole invoice, which may be of immense
value The Treasury Department, given a
brief license in such a case, insists that the
courts shall not determine whether this was
wilful negligence; it seizes upon the whole
case, and, after indescIibable delays and com
munings, final dictum is pronounced. II it
were not more profitable to the Selling
officers to draw these proceedings out of the