The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-28


apaipst INV adm nistraton of the Office OF Collector
my suspension not only directly contrary
to all the professions Of the administration
but was IA violation of every principle OF justice
When an administration deliberately avows and con
stantly reiteratcs that removal from office is to take
place only for cause, it is obvious. matter what
nav he said to the contrary that removal must. al
least the estimation of that portion of the public
which has faith in the sincerity OF the admins
traon. carry with il stigma upon the character OF
the removed officer, and this stigma IS not fully
removed even if the first notice of intended removal
is accompanied-as was the case with me-with an
urgent offer of an important foreign appointment
under another department OF the government.
Mr.. sherman, in the opening Of his eommunica,
tion refers to the criticisms made in Congress. III
the press and in private on the New York custom
House. 1t s notorious that during the nearly seven
against the administration of the New York Custom
House than for many years before. The laws have
been greatly criticised and to some extent changed
My administration of them has been rarely COM
planned OF.
THE JAY COMMISSION.
Mr.. sherman relies greatly upon fhe report OF the
jay Commission, and in his communication TO the
Senate implicitly accepts its statements true 1t
will be presently seen that in some of his actions he
throws entire discredit upon them 1t is important
however, that the constitution and methods of the
commission, upon which so much reliance is placed,
should be known to the Senate III my letter to the
Secretary of November %. 1877, copy of which is
enclosed. l. correctly believe. described these in
the following terms:-
There can DO no preence that in the commission as
finally constituted any one the officers Of the
e au hm te eh for m that
he said against the officers OF customs giving oppor
panaton Of took partial and onesidcd view.
sy e not "r sdsmss s be ss a
by public advertisement but by hundreds of letters they
their Complaints reference to the sssi%ony viii show
how @ the pponsn ana IRA Of
the laws during the last five years
pointmen AT this aud apparently did not occur to them
were entitled to any had no complaint to make
Were on the contrary anxious given an opportunity to
bear testimony in favor of the manner in which the duties
TESTIMONY ANSWER REFUSED.
The commission either refused receive testimony in
to such complaints were in fact made to them
Moreover it did not seem that while they
on n aSs Se eo Ss
this justice required that they should bear witness To
which have rendered the service efficient. more
n ID. % s sn amy a" @
testimony the commission IT, without eNpana
the witnesses TO show the spirit which
amin "ur Sa
the conclusion that wholly fails bear tho
at II the reports shall be submitted to Congress the
testimony may accompany them
ILLEGAL FEES BRIDES.
Mr.. Sherman says that the second report of the
Jay commission "snows that it was common prac-
tice among entry clerks withdrawal clerks liqudat-
ing clerks weighers gaugers inspectors and store
keepers to receive from importers and brokers IT.
regular fees, emoluments. gratuies and perqusites
mission made some general statements which
may to justify this sweeping assertion,
have no hesitation in saying Enough AR. Sherman
carefully and prudenty kept the evidence taken
by that commission from publcation) that they OBJ
tanned evidence which bears out this assertion.
Such practices may exist to some extent but 1t is al
most Impossible to obtain proof of them. The pay
ment of gratuities to entry clerks and some other
officers is as Mr.. sherman says matter of general
report but as pointed out in my letter OF May IT,
1877, annexed to the second report OF the Jay
commission both the giver ana the receiver are
obtanable by accident and then it is very difficult to
show any wrong intent. Though my letter, just
referred to- shows distinctly that had endeavored to
prevent and detect this abuse Mr. Sherman says that
lit does not appear that any effort was made by the
Collector to suppress this practice The fact is that
instance of this abuse was ever discovered or sus
pected that not promptly investigated and If the
facts justified it the persons involved punished by
UNFAIR ASSUMPTION CREDIT
Mr. Sherman gives to the Jay commission the
credit Of suggesting the change in the system OF pre-
sentng invoices to the entry clerks by which, as he
says the taking of gratuites has been stopped, SO
far as they are concerned. On the contrary, my
letter just referred to second report of Jay commits
sion page 15) shows that the suggestion of the sys
tenn was wholly my own. depressed, it is true, the
fear that the system would involve annoying results
to importers by delays" Mr.. Sherman says was
mistaken in this. My own information is to the
contrary, but il was wrong have yet to learn
that fear that merchants might experience delays
At the Custom House is good cause for removal
am compelled. however, to add that the facts show
that the complaint Of the Secretary rs to my failure
to seek to prevent the payment OF fees to entry
! clerks and others Is not only unfounded, but in
sincere and at variance with his own acts Early in
February last evidence was furnished to the Secre
tary by certain brokers that they had paid moneys
a various times to entry clerk who had, in effect
exacted such moneys from them. After an invest
| CATION by special agent the Secretary on May 3
| 1878, directed to call for the clerks resig
| nation, but on June ID he Withdrew ms
direction. In like manner, in April last. having
received evidence that two inspectors and a store
| keeper had taken gratuities from importers. re-
moved them. aud on April reported the fact to the
Secretary On May he he approved my action but on
avowedly on the ground that prominent politicians
requested 1t. The three were alike guilty or alik,
innocent, but do not seem to have had equal infu
! ence with the department.
PERMITS
| Mr.. Sherman says: "A vicious practice has for Q
long time prevailed Of granting free permits for i'm
| ported goods without authority Of iaw.'' He adds
that 1.-THE value of the goods thus illegally delivered
| free of duty amounted to large sum- In single
| instance the value S53,0OU." The Secretary il
right in saying that the practice has existed for
long time. 1 can trace il back eighty years. A,
| have to say that IL has always been wei
known to the department; that the blank forms
necessary to carry it out furnished to the
Collector by the Treasury Department; that unit
| the present Secretary came into Office one had
pretended to regard 1t as being without authority
OF law. but II has been looked upon convenien
mode of facilitating the passing of small articles
which were either free by law or of such insignia
cant value that the exaction OF duty would, In
| common phrase, "cost more than 1t would come to.
! 1t was reserved for Mr.. Sherman to make the
discovery that this practice of eighty years. standing
|
this discovery he calls TOR my removal because die
not stop IT, and yet the practice continues in full
| force ever, unchanged and uncontrolled, under
the acting Collector and Mr.. sherman continues e
| furnish to him the very blanks used in carrying il
out. Since the acting Collector into office not
| less than 300 free permits have been issued.
Mr. sIERMANs DrsrNGENUoUsNEs.
Mr. Shcrmans reference to the ''single instance In
which the value $53 600 shows the disingenuous
ness which charsctcrizes his communication. The
goods in question were diamonds taken from this
country to Europe by the mother OF Mr.. James
Hcpfl baii AL
After her death they were brought back by hei
son. Being the personal effects of American
dying abroad, they were, under an express
provision of law, not liable 20 duty. an'
were passed by of free permit. one of IN,
Secretarys favorifc corps. who, under the name OF
special agents, gather gossip and impute crime when
they cannot detect it, learned of the transaction at
IL was by Mr.. Sherman's directions investigated by
Special Agent Curtis, the chief special agent Al
New York. lie reported about year ago. and stated
that the diamonds had been ut once, passing the
| Custom House, deposited in safe; that they
| were still there with the seals unbroken
| and that the transaction an entirely
| proper The government lost duties an,