Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-30
c0NKLINE
AND HIS MOEETY GRAB
Secretly Enaciing the Role of a
Shylook.
PLAYING A HIGH HAND FOR PLUMBER
Another Chapter in the Robbery of
Phelps, Dodge & Co., by
the distinguished
Quartet"
A SlX-YEARS-0LD CHARGE


light within the last few weeks, it would
have been very difficult. if not wholly I'M
possible, for the public to form any clear
conception of its history and national i'm
portanoe. The circumstances that the
great firm compromised and settled hiss
been with many stumbling block. inRs-
much as it almost necessarily seemed to
imply either want of pluck on the one
hand, or else lack of full conscious
ness of innocenoc or absence of fraudu-
lent intent on the other. IL ia, therefore,
to this very point, viewed in the light of
the new evidence, that we now propose to
ask special attention; and We are very
much mistaken if this part of the history,
hitherto obscure or concealed, does not
shep fully understood, constitute cause
ot offenee against the Government and all
concerned in the prosecution, which the
great general public will not be quick
either to forget or forgive.
1t will be remembered that the dis
honest clerk, whose sense Of patriotic
obligation, 30 highly extolled by Jayne,
lid not develop except under the prospect
Of large pecuniarS gains, took first his
stolen papers TO law firm of this city of
considerable repute and standing but not
concerned in custom-house OF revenue
business. The case as presented to them
0es not one of 8 client seeking protection
IF the law against oppression, OF wrongs
committed, of properly taken, character
tssailed or person assaulted and redress
denied; but shameless, open proffer on
The part of a penniless adventurer to share
an opportunity for enrichment on
violated trust, on condition of legal COM.
pensation and assistance. By this firm
the case was worked up at the beginning.
The next step was to communicate with
b. G. Jayne; and, although Mr.. Jayne
confessed before the Committee of Ways
and Means that he knew the papers on
which the case rested were stolen, yet he
Snew also lhat the placer to be worked
was rich and the nuggets great in proe-
ptctive, and this for him was all-suficient.
For all ordinary cases Mr.. Jayne has,
undoubtedly, full confidence in his own
capacities, but in case promising such
unlimited plunder as this, ordinary instru-
mentslities could not be relied on. He
accordingly looks about for partner, and
from the whole country selects the most
unscrupulous, and, from political point
ot view, the most influential with the
President and the Secretary of the Treas
ury in the person of General Butler. The
ring thus formed is next enlarged by the
necessary inclusion, as participants Of the
spoils, of the collector, naval officer and
surveyor, and later by the addition of the
new District Attorney, George Bliss, whom
vision of . per cent on 81, 7O0, 900 was
enough to tempt to tireless exertion.
One would think that here was an array
of agencies and instru;nentalities, in the
form of lawyers. high officials and
detectives, amply sufficient to manage any
case so monstrous and yet SO clear ap3
palpable as this OF Phelps, Dodge IL Co.
was claimed to be. But Judge Noah
Davis in his recent testimony had lifted
curtain behind which not few had pre-
viously thought that they saw significant
figures dimly walking, and shows us q
Senator of the United States, the special
representative of the commercial
emporium of the country. cheek by jowl
at q night session with detective. statute
in hand, declaring that ss it was nominated
in the bond the pound Of flesh could be
lawfully taken. And il 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
uis influence to the agencies already
one of the foremost mercantile houses in
the country and all for motive which
In the case OF everyone concerned
except Jayne, whose deeds it was
to be expected would fully accord with
his profession, embodied the very essence
nf all that was mean and contemplate.
Fr, turn it and twist it as We may, the
utfense of Phelps, Dodge a Co. as the
result Of examination and re-examinstion
and by the confession and affidavit of the
chief government efiioisls, comes down to
an alleged loss to the customs of 81, ,65S,
the utmost possible gain to the firm being
at the same time measured by the relation
which the sum in the gross stands to a
payment of $40 600, 900 in duties, or as
percentage of advantage over the rest of
the trade iu i've years import Of over
$40 900, 600 Aud the fact being known
at the time of the night Senatorial confer
epce ard before the settlement and COM
promise fully rs we'll as it is known now,
We are of necessity driven TO the conclu-
sion thSt the motive which induced
Senators and Representatives of the
United States, district attorneys,
independent but influential attorneys and
detectives to manifest such unusual energy
aud TO act SO differently from what they
do when Peter Schmidt or John Jones Is
accused of defrsLding the revenue of
mauy times 81 800 dollars was simply and
nskedly the desire for plunder. 1t was
nothing to the people who lived In the
country of Gadarenes that one of their
own citizens had been reclaimed from
lunecy and made healthtul member of
society," SO long as the value of the nosa
was imperilled. 1t was nothing to Roscoe
Conkline, Matt Carpenter, b. f. Butler,
George Bliss and the official representa-
tives 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 represen-
tatiye for an ofIerse which every other
civilized nation would have held trivial SO
long SIS there was prospect of grabbing
and dividing 81, 726 600.
To contend manfully against foes where
there is even a smaL chance of success is
to show pluck; but TO undertake to fight
when the odds are entirely adverse is not
pluck, but foolhsrdiness. And with such
motives actuaticg such elements as were
arrayed against them, Phelps, Dodge q
90. may well be pardoned if they hesitsted
about fighting.
1t would have seemed the proper and
| iihuit phit VI uieh WottuJ W LII tue ulRu
offices of Secretary of the Treasury, Sen
ator and Representative in Congress and
District-Attorney, when the triviality of
the otfense of Phelps, Dodge IL Oo.-irre-
! spective Of the question of motive-was
| established to fall back on that old legal
but righteous maxim, "Ne ler curat
ninimIs, or that clause In the Consti,u-
ton OF the United States which provides
that excessive fines shall not be imposed,
| or cruel and unusual punishments
inflicted" and to say: 'This is too small a
matter for great government to make
much of. II duties in triftng amount
have, under doubtful circumstances, been
withheld, let them b. returned, with sufi-
cient Of addition to serve as warning
against future irregularities. In these
days of our declining commerce let us
deal tenderly with the reputation of
American merchants" But under the
present rule of politicians and small
neu 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 on the debate contingent on
the introduction into Congress OF the bill
affecting moieties and the Sanborn con-
tOontnped on fourth raGe)