New-York tribune., 1874-03-28

Phelps, Dodge g. Co. was claimed W oc' p"'
Judge Noah Davis in his recent testim.' my has
lifted curtain behind which not few .''u
previously thought that they saw significant
figures dimly walking, and shows us a Senator
of the United States, the special representa-
tive of the commercial emporium of
the country, cheek by Jowl at u
night session with a detective, statute
in hand, declaring that as 1t was nom
mated in the bond, the pound of flesh could be
lawfully taken. And if the curtain had been
lifted little higher the figure of another
Senator of the United States would also
doubtless have appeared, giving Judgment to
the same effect, and adding his influence to
the agencies already enlisted to work the ruin
and disgrace of one of the foremost mercan-
tile houses of the country and all for mo-
tive which in the case of every one concerned
except Jayne, whose deeds it was to be ex-
pected would fully accord with his profession,
embodied the very essence of all that was
mean and contemplate. For turn it and
twist it as we may, the Oifense of Phelps,
Dodge & Co., as the result of examination
and denomination, and by the confession and
affidavit Of the chief Government officials,
comes down to an alleged loss to the customs
of $1,65S,-the utmost possible gain to the
firm being at the same time measured by the
relation which this sum in the gross stands
to payment of ten millions in duties, or as
percentage of advantage over the rest OF tne
trade in five years import of over forty mil
lions. And this fact being known at the
time of the night Senatorial conference
and before the settlement and compromise
fully as well as it is known now, we are OF
necessity driven to the conclusion that the
motive which induced Senators and Repre-
sentatives of the United States, District
Attorneys, independent but influential at
torneys and detectives, to manifest such
unusual energy, and to act so differently from
what they do when Peter Schmidt or John
Jones is accused of defrauding the revenue of
many times sixteen hundred dollars, was
simply and nakedly the desire for
plumber. IL WAS nothing to the people
who lived in the country Of the
Gadarenes that one of their own citizens had
been reclaimed from lunacy and made a health
full member of society, so long as the
value of the hogs was imperiled. IL was
nothing to Roscoe COnkling, Matt Carpen-
ter, b. +. Butler, Geo. Bliss, and the Off
cIal representatives of the Customs that the
fair fame of the great mercantile interest OF
New-YOrk was sought to be struck down and
aspersed through their foremost representative
for an Offense which every other civilized
nation would have held trivial, so long as
there was prospect of grabbing and dicidin0
one million Seren hundred and twenty-Sir
thousand dollars
To contend manfully against foes where
there is even a small chance Of success is to
show pluck; but to undertake to fight when
the odds are entirely adverse is not pluck, but
foolhardiness. And with such motives actu-
ating such elements as were arrayed against
them, Phelps, Dodge g. Co. may well be par
doned if they hesitated about fighting.
1t would have seemed the proper and
manly part of men worthy to fill the high
offices of Secretary of the Treasury, Senator
and Representative in Congress and District
Attorney, when the trlviality Of the Offense of
Phelps, Dodge 81 CO.-irrespective OF the
question of motive-was established, to fall
back on that old legal but righteous maxim,
"Ne ler curat minimis," or that clause in the
Constitution of the United States which pro-
yides that "erceSSire fines shall not be imposed,
" or cruel and unusual punishments inflicted"
and to say, "This is too small matter for
"great Government TO make much Of. II du-
" ties in trifing amount have, under doubtful
circumstance, been withheld, let them be
returned, with sufficient of addition to serve
"as warning against future Irregularities.
"In these days of our declining commerce let us
IDEAL tenderly with the reputation of Ameri-
"can merchants" But under the present rule
of politicians and small men in high places,
such was not, and for the immediate future,
we have every reason to believe, such will not
be the policy. On the contrary, the word has
gone out that, in the debate contingent on the
introduction into Congress of the bill affecting
moieties and the SanbOrn contracts, certain
prominent members are to do their best to
make good Jayne's assertion that "New-YOrk
merchants are set of internal thieves" and
that special efforts are to be made to disgrace
the great firm that has been imprudently rest
i've under the robbery to which they have
been subjected. Such an arraignment, how
ever, from paid attorneys, will be subjected
by the people to very heavy discount.
THB CENTENNIAL AND MR.. SUMNER,
No,,. +bot tba main fao fura of tha Dbi1ada1-