New-York tribune., 1874-05-05
SENATOR FENTONs SPEECH.
Evils OF THE MOIETY sYSTEM-REAsONs FOR II
ABOLITION.


On the motion to discharge the Committee on
Commerce further condi,nuo0 Of the bill S No lS tC
Trusie ihe s, N ihe ce5o9 OF ca>'on' a. que VARIOUS p "
under tue laws Tetls to customs and for Other
MIR. FENTON s1id:
Mr.. president: II is with reluctance thar re-
turn to this work which have often been repulsed
sense Of duty alone impels me to speak again Now
than two years in advocacy of the bill had
previously introduced TO regulate the service IN the col
lection Of the and to remedy the grow
Ing evils moety practice, pointed out many OF
the defects Of the SYSTEM the hardshps experienced
and the vices to which 1t led In vain then, or there
after my appeal to take up the bill No one here or
there came forward 10 encourage and strengthen the
movement Not here, because was not 10 De perm eu
disturb this field party AMI advantage,
ui 'nv nc r " and others from
bad laws IN the hands OF bad men. Now
aroused feeling outside the Capitol and OF
like feeling within 10 would not be necessary for me
Of fear that the OF Injustice and ndigna,
ron which at last qutckeDs the people has not reached
cussiOn. do not complain that chiefly for opposing
the unequal and unjust laws relating TO customs rev
euue, which badly executed and likely to be worse
the hands OF those who were being called TO admin
them, suffered party prescription long before
went TO Cincinnati That is wholly unnpOrtant TO me
personally and 10 INV present purpose But Deseech
allowed 10 impair anything Of merit upon this grave
Ine main objects Of the bll are:
customs upon the basis Of salaries, having IN mind fair
uay for TespOns Uility aud labor.
Second 10 disre Sc with the whole disgraceful moety
business allowing only reduced share III cases Of
Smuggling to officers making actual seizure.
Third: To simplify the clmbrOus and intricate regu-
tiOns and laws to the end that both the Government
and the importer shall be justly viewed and fairly
These poiuts and other features Of the bill relating to
uDderyaiuafiOIs. apprasements 81 upon which / VIII
NOT now dwell. embrace the principal objects OF the
Chambers Of Commerce OF NeHYork; Boston and other
sItios aud the foundation Oi All otDef UIs lhuo
luced IN either House during the present session.
RECORD OF LEGISLATION on THIS SUBJECT
,ief reference to the record OF this unfortunate bill
may not be Of place. had the honor to first intro
duce IL March T. I7l. On the 18Th Of that month 1t was
referred 10 the Committee on Finance That Commit
zee. after consulting with many persons familiar with
rho service with officers OF the Treasury Department.
aud especially with the then Secretary, directed me TO
report II back the Senate, very little changed Dec
~ 1871 and recommend lts passage. Jan g. 1872 adj
dressed the Senate, explaining ITS provisions ACTON
upon il was then deferred; and again when IT was
reached in the regular order Feb u and 49, al when
latter date members OF tho Committee on commerce
opposed it's consideration upon The ground that 1t ought
10 be first referred to them, as II properly belonged
N.Y. SS.r NJ ~ Conmittee then were Messrs Chan
der, COnklng, Buckingham, Spencer, Kellogg, COrbett
AID VIckers. March p the session. IT was made TO
va Wv ~ some other order Of business and again
Ami 10 Il was postponed for the pur-
pose as alleged, Of hearing IRON the COMMITTEE winch
as then inyesiigatng the Ne6York CustOm-house Off
Gers TINS last plea carried the Dl beyond the session,
as that committee did not report un It's very last day
effort but was again met by the Committee on Com
1n,rce with the OLD hut Illogical argument that it should
inst go through their ofoial hands THIS Committee
remained very little changed aud stu conspicuous
among its members are found the names OF Messrs.
ualy as despaIgod OF any action unless through the
sanction OF Tue Commerce Committee few days later
Before proceeding to The cases calendsr desire that
ts ort Of entry in United states the disposition snes pen
oue injured under the laws relating TO customs and
Zee Zee S1Oe on Co%reTce. nj,
Alter STATING that action upon it had frequently been
resisted that ~ ought nrst TO be
considered IN that Committee, concluded with the re-
the bin properly considered in the COMMITTEE on Fl
nsHce but have no prae mys1i 10 ae matter am hos DO" On
behalf retain the subject "i'hln that COMMITTEE
c4fy acton have moved this reference.
OBJECT OF TIE LAW.
To form q correct opinion of present system fOl
The collection Of duties on imports prescribed or per
tted by Congress- and the Importance OF modification
or amendment OF that system We must first have dis
nct perception Of what it is. The end TO be sought IL
al the legislation upon this subject is the raising Of
money on imported merchand5o Tor the use OF the Gov
erumeut But in considering the whole subject II i
necessary keep end TO be secured rom me
means provided for the attainment or the
20 be found IN the laws Of the first Congress which
assembled under the present Constitution. one II
dated July 1882 and Is entitled An act for laying
duty on goods, wares, and merchandise imported ntC
the Uuteu states The other law 10 which refer wal
the collection Of the duties imposed Dy law on the ton
mage Of ships and vessels ana on goods wares, aud ner
tincton clearly defined IN the title OF these two enact
neus passed within q days OF each other runs through
The whole customs revenue legislation by Congress W.
nave had conflicting ncOngT nous, and vicious leg1si
ton under the former head but u Is mainly OF the
ps.es and injustice Of the latter during the past few
years that the country now SO loudly complains s<u
In 15q0 and since, both specific and ad valOreu
-atas of duty have levied With exception.
aoren rates have been levied on the foreign, not Tn
Ione cost or value. Under this revenue act the cOec
49, estimated and levied duty upon the face OF tn
invoee and entry without calling Tor the report OF ap
fsere AZ was only when there was no invoice, h
"a reason 10 suspect fraud that appralsemeDt wa
,,sde ana then merchants, one selecJed Dy lu
self and the other by the Importer eio ote E
,ndIacatons ana changes, malLly OF details ID reatlO
o. the ons revenue generally ana III fesdtu 10 th
cufy 10 be imposed imported goOds 10 1910 iozo Io
and 1872 but there suostautla chahBc ~
~ the requirements OF invoices or forfeiture ol
tyoices up 1868. II will be fOund upon au 10
non ~ tbe several acts that the law required one hin
OF invoice purchased goods ana smotHer hlnu ~
Goods sent here By the manufacturer Iue IOIhoi ~
he transcript Of the actual transaction WIN tIo soio
Giving the actual cost or the euln paiu lheI
Tor 10 the seller, including charses Ior p"0
.ug &c On tho other hand, ID respect
goods sent by manufacturer, as there had Oeeh
transaction OF purchase and sale, the lhVOice mus SV
-an the fair market value OF the iDercndnuse "hO
means price which 1t would have DIOughl IL sou
the market the time and place IL was prOcuteu an
not necessarily at the time ana place OF shipment Ahel
again. previous 10 the act OF 1885, merchandise cOu
be forfeited for false or detective invoice IN cou
unless the jury satisfied that II was Hsuo ial1
with intent 10 payment OF duty which the peIsV
who made presented the invoice knew was Icgall
chargeable thereon. The intent, known TO The Law
Chargeable and due duty. Every thing WORKED NeI
well up this time; at least the operation OF III
law and gulaOus, neither the importer nor the Coz
srnment could much complain. ST. 1t may DO said thi