The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-07
THE WHISKEY FRAUDS.

DECISION OF SECRETARY SHERMAN ON TEST
CASE OF OBSERVATION-DISCLOSURES MUST PAY.
WAsniSGroN. April Q, 1871
Assistant Secretary French having submitted to tho
Secretary Of tho Treasury test Of compromise,
with the request that he DO informed to the policy
to be pursued by the department in such cases. has
received q reply, Of which tho following is an ex.
tract
TREASURY DErARrMxSr. April ;. 1877.
faction OF their liabilities upon judgment Of $1,000 the
amount ofhe bond No question made but that the prn
saiiy y crin,na breach Of tho law and Of the eond
Mon. o. bis bond and had been and
mencsd upon his bond and Judgment entered by
d the principal except tho guilty
raaa aud eonraey involving Tue Of many millions
OF public revenue and wide betrayal Of public trust that
case open daring violation OF
public duty was this conspiracy known as the ST. Louis
LIABILITY or sunKriEs
fraud crime OF their principal but they did
FIJI Of s san Sey .
pay the bond by signing H. and their legal liability
a Them on hi. .
except for clear and conclusive reasons.
INK RgAsJSs CONSIDERED.
The reasons given by them are:-
II 50 tho United haze upon them they
.s nS s as S h pay s ,as BONO
sovency Is sufficient excuse for release from penal
s so ad ns % sSs
were In my vie. y would not change ,hs case o. -,
Of which convicted The power pardon with
sdo" as
ary obligation AZ all I've M ;ns gaming Of pardon BY
blity BY the Secretary Tor the President may have
judgments sere rendered The dis.
for the S s ss o .ns
side no ss can LAY a. all f nj, %
real question presented the conferred
tho Secretary By section aiss Of tho Revised statutes.
Upon District Attorney Or any special at
United states showing detail condition claim
and the terms upon which tho Same may ee compromised
offered and the of the Solicitor Of
e"mprom,sc :uc claim accordingly But the provisions Of
this shall not apply to any claim arising under the
section s.ss The Of
mendations OF the District Attorney and the solicitor
81 the Treasury are Necessary - give him ,ur,s'
lol Judgment, does the law allow him avoid his
bin, jurisdiction lie must yield 70 nero sympathy but
governed by substantial justice and pnbc policy
compromise Tor technical violations OF law for mere
neglect nadveencs and, perhaps for excessive pom
smoulp NOT M COMPROMISED.
%s III, e, ,. ss % s"a sma losses 81
d9s s s E" s% .'Ss Ss"s
sesa BY the .es Of the law Tss law
Is severe IN its penalties and must be severely en-
forced. This recognized In all countries where a
similar excise Is levied. natural sympathy
dele ndants who suetics will justify the Sec
rotary relieving them from judgment when by doing
will defeat wise public policy for the enforcement Of
the laws. This s not claim su.h Ia
by the section. but Judgment confessed
clearly violated by the commission OF crmo
BY the principal II the Judgment cannot be collected
these persons injured while tho release Of the judg
would he OF evil example. II the Secretary In
this Congress relief II the law is
wrong Congress remedy ~ But charged
as he is with the tho laws
tary upon their strict enforcement and
ms In vii 10 from
their liability
Very respectfully, JOHN SHERMAN, Secretary.