The New-York Tribune Newspaper, March 4, 1867, Page 2

e e — ut #2164, [n another instanee storn i, & ocks or wasto was charged By Nieis & While tho logal charges conlid only be Yo a tabulac stal In F. M. Bivhy's Do seon how " 1,00 por cent over legilimate 1 igh rates, had sa A conv otug goneral order I pod_marelnnts, thouch af night bave been a show of ut no such adv ‘wluo smplo) [l n{:t husiness xLedmo wost side of the cit. ‘ nd sway from wherd shippers’ i cogate.” Superadded to all the additions heroby, Loas of timo 1n carting goods & [ \ife moro or less to the weather of valuabls chandisa; absolute insec m-n_va:r»‘tt:'m-' apodew relionse, ¢ estifyiv '5?"“".3'&'&“ Sods there late in the diy from apprehen- Oared N udivias and concerted pillae. ‘The numerons Piles of combustible lamber that coustituts lnmbe Rad yot another peril and objectlon to this ont-of-tl ‘warshouse. 1t mny be Q at whose behoof and for Whosa besfit now are all these exactions and jeopardies? The Colloétor, through hs subordinates, hus tho ilo Tight ‘andwhat warehouse general order dy announced that he re- n & personal perquisice o s an 40 haloa of Qnith at ) 6. By 10 Swith for tho foot of Ba a is full tw rters “ d ‘expense catised ‘o Collector's. T the Porwt&%“; ' o 0 O nd enchudeclared t dependent vpon 1 for sale during offico. To this nd Barney, and tha thelryospective fifoct Lhe walhncni' sabjoined note of Mr. Redfield are mo phatio. Mr, Smythe, as appears, tool und course, had * axreed ” he had plac A himn obligations,” &e. 4o whom1 If lic is to be L and responsible, ngreed Lo give, 0X Was KON order, husiness (o persous in W ton, some $ Johngon—1lic President’s som; #,000 to M 18, Pattorson;#5,600 1o & son of Scuator Dooliitl is true that Smythe does not remember that he mentionsd to the President, or otbersparties in W fngton, his lgnd intentisns, It was, how er, evident th isanemoriAng faculty was elther bad, or his recollect uite defective, or his agent, Thomson, and sever ”Iltnm g:duvanhln‘vfinm« ’m:}nnr;l'i. i \‘\‘:fll i at may be, Mr, ‘Spaldivg, of the logal profes in New-York, " emember in the Com- e —— sretary has beea mado to ally moro than onoa, the B¢ ordination. Treasury, Mr. { ha dzow OF prepi wt of March, 156 heen of Lho pur ired 1o fram {0 eases whars zoodls atifed for violation of the reventio Taw do not cxcecd in valuo one thousand doligrs, to de- Jiver tho samo to tho {mporter ou payment of that sum, o- | withqut exacting any additional sum for duty, and thea permitting the whole amount of ‘one thonsand dollars to Do istributed amons selzing officers for forfiture, It doea not, however, decelye the coun ‘intent of Congress, Jitit of the rovenus system uded and divided as forfeituro it 18 cloar thie fifth soct tcs where the wmonnt Jordan, when b od Lhe se His mo and most bocausé it 13 against to permit dutios to But, at any rate, exe o L pose than the b, ani 1t may deservo consideratio whiethor, upot @ uet of 86, Mmay not be thonght au his po § it docs B0t nee n tho et of Marels, 18G5, 1t viay Bob o i, power, duties. | ~ But e e ércuant whose store, goods, and spand 4 woment igin, Lot b0 e, | M¢ knows (at his"credit 1y in- AsLY, Who, perhaps all uo Wis own instrumentality, has become the | ured,wh rof the fortunes and the priv and | enity with commercal citizens of the importivg | v ;:l1'uf:l.r‘nll|’!, Wall-st. thatebe is in dis &, too, that if t forclgn eredit too, that with- not &cli*his goods icitor of the of ¢ whispe He kno < abrond, e kno ho ca destroy ¥ £ Y38 of hus ator 4 "Ihe offico of Solicitor of the Treasury -was_created by out the posse 1ol Lis alore B8 Ca i T T Dot o gress Ma 21 ot b oal4). By this act | and meet his paper. Lle KUPIS. SO0, Elon books B e ehatis of all sulis oF 1 ctions or tho re- and papers B cannot art Lfi2.{:“1',1a:‘rlv‘:’wurofi:hn"hi.l o Cetch DiarIct Ao Tty aud Clork nlmplyuq:w«lmuv;'nh:lin “:illzullll';i:\"ah;: it o save ? 0 ) o e stand and coufend, nof s 1 ( appertaining (o suits somotbing, or 8 L o with the harpice of J i ¢ with the mere minions of office, in which the United States is_a party or interested. Ho the law, 1o - ot ailite bty Dlish rules gnd’ regulations for the nyrmidons of the Government itsell i ny wonder Nins authority to ¢ observance of ( District-Attorneys and Mar- Shals. Cunder the second section of the act “of Congress of Marcli 3, 186, (12 vol. Statutes, 739), hie has €OgIZANCO pted frauds upon the revenuc, and 18 eneral superyision of measures for \d dotection, and for the prosccution od with the commission thercof. - Under flon of the sawe act, b6 1§ made tho re: Looks and parersfeises | oo ugendcred by their pr oquy engenderced by the P aen ‘Auditor of the Custom-iouse, on request, it though conscious of no WIobg, 1 e . hroughit lnto the # dissecting- cases opposition, allows and_goed out viows of the then, rectitnde of infention when room” of the seizure burean he ccases the flesh pounds, blood and ali to be takcn, perchance not nm;lllmnwnlhut With new wa and justice of his countiy. “ The ul':u-uu ‘or dividends secured by the operations of this seizure burean have been large indeed, ll\lhl:rlh‘ll“y it Would'seem (0 enable the p:lrllcl]!;’;[ll!‘*\"(o disregard tho oveedings. bound to exe: hetr prevention of porsons char, tho seveuth section of Lo saine iplopt and has sole co 1 218 80 ciplopt and has sole ¢ uul;"or" Fodize of the Distriet Cou from o merchantaby ord e U ] Tule o tenth sectlon, as already Mr, Ogden, 3 ';Eum.‘ 1""34 ..“. \‘@.:flé.\l} lm‘:;l]\l:'ul:dllllk_nm min I.n'l&;l‘ furnishod fijures that givo sowe idea of the extent of e atoscan bo compromised, evei by the | L BUSEEERAG ) ofticer a tlo over four years, Secrotary of the Treasury. it will thus bo seen tha Congress the solicitor of the Dbim duties of Lhe most responsible nature that officor not ouly to bo learned in the law, thie most perfect uprightaess-of gnorul cha ymder these different acts of Treasury has devolved npon d requirin Lut 10 bo o or. Tu the exelusive of a Jarge anuual salary, received for fines, penalties, &c. (’H 1,704, 1t is said lie has a divisible uter- est in geiznre ¢ s, contingent upon their ad- Jnstment < mounting to over $200,000. Mr. Abram Wakeman, Survoyor, from October, 1564, to Deoember, 1866, s alrcady recaived from tho same soutco lon_ of thd laws, to prevent fraudd practical administration o rom the game seAZio ' ravonie ho solicitor becomes of cven more con- | $101,206 14. 118 to v large in :‘:lalxl':.’.‘-“l;“n e is upon the statute book. In rrlspett to' 'fi!mlumlfiflelll;lm m :E::Irn‘c?‘lr }:‘L::i';f J},‘fiz’,{,’fi‘; €] 14 i ¥ T 0 ureau, in additiol 0 N A v 0 s all such matters ho 18 really the conficentat SRRV | Giigwed to toll for bis individual beneflt 3 or s potcont the secretary, who, amid his multipliod duties, cannot by possibility personally inquire into all the questions arising between the Custom-House and importers in reapeot to such matiors. When, therefore, a collector makes & charge upon an importer that he has meditated or com- of the gross diviside amount beforo way divicion tekes it such fatr expectancy alds n and conclusion of the ecases ittee Toom ' that Eenator Doclitle had i ashington told him that Me. Smyth 1_converscd with him about gencral ordeggbusiness; had promised his son, then In Racine, Wisconst, a place under him and “an interest in the profits of the general order business, &o. » The Senator’s con did come to N ork and now 0ids a very good place in the New-York Custom-House. E\mh those data before us, we can now form a pmn{ con- 18ive opinion as to several who were interested in the Collgetor’s pig plum.” How much the divisible interest ot v ounted to, or how much was notilly RS TP St b 1o nok 0 onay of as- certair t. Mr. Bmythe is quite positive as to ¢ Mws, Perry, she never received over $500, and with great waiveld declares Lie paid that out of his own fuuds. How 0, “a Washington woman,” became interested, and to benefited, iu the gencral order business of the Port of New-York, 1% explaiued by the testimony of Messrs Phelps Smythe has no distinet recollostion of hav- & Barr. ng pad anybody anything, or of having himself ever re- nofvod nny{hx Porhaps ng out of or from general order busines: the obliviousness with which he every month took and subseribed an oath that he hiad nof received, dirggtly, or indirectly, —mor Teceive, or to be paid for b direotly or indiroctly agree: for or on account of his own use or another’s beneft” * Titted a frand upon the revenue, aud thereupon soizes | upon which he is officially aud authoritatively to puss. his books, ;m]mn‘.‘ and merchandise, and the importer he Collector receives, with the Surveyor m:iu .\r. l‘l:ll prefors a potition for redress to the Aermmryllll::"tlomh Ol;flrer.:h‘rm::l distributive shato of the procecds of the ment is, in the course of business, referred (o the icitor | seiziug business, for report aud advice. ony rorarenu-{a @ circular recently | Tho respective amonnts recetved by Gen. Dix as Nn\\v_n issued by the Treasury Department, under dato of Jun. Omv(-rbh_v Mr. :lm‘,l"ll‘llm as Collector, to Jan. 1, 1867, appear 13, 1867, it will be that the statute provides but three | in Mr. Ogden's testimony, 0 0y yapr. and Sen- ho late Treasury regui ator Cresswell's bill requiving squivalent before scized goods are released, nud before any considera ¢ disposition of the divisible nterest takes place, if earried ont willvery properly mueh reduce theso CnormOus ¢ : der the act of 1503 13 simple, and The modus ope summary, and se Somebody i3 procured to give the 3 A Custom-House inspector may modes in which an importer whose merchandise has been seized can obtain possession of the same. One mode is pointed out in the first section of the act of Mareh 8, 1797 (1 Stat., 56, By reforence to Goneral Treasury regulations, 856, it will seen thit under the lust the’ imporie: cannot obtain reliof unless he distinctly adimits has inenrred the forfeiture complained of. The Tr payment of dutics as an ge 47, regulationa expressly say that the Sccretary will o informaiion requi no applications for remission unleas the forfeiture be make affidavit of suspicion that some merchant has ini- mitted in the petition to have been incurred. This adwis- tod without payment of the duties legally chargeable | jecs, books, and papers relating to or oath it could, of course, be. used against sion belng und ould the importer on the triul, provided the Secretary sl refuse the prayor of the petitioner. P The,second mode provided by the act of Mareh 3, 1863, Guly rofers to cases where the value of the merchaudise does uot exceed §1 < “Tho thivd mode /8 preseribed b A4 are deposited in_aud upon &e. Thereapon o District Judge aed with which the store is taken Posscaston ofs; Doks, papers, lefters, &c., are solzed and artiodeto the Castom House,with a hope and expectation " that an examiuation of them will furnish sufficient evi- Whiat of papers are or may the tonth section of the ¢ requires tho recom- 8! Iabor or cartage, &c.,” “any money, article or | act of March 3, 156 specific 4 r:mw“” may, mfiu sheer lurm:’o( habit, have con | mondationof thy itor of the sury to any com- the testimony of Henry tinded to influence i, when testifying before piomise béfore the Secretary can accept avy compromise, [ Barbee. Iu t tween husband and mitteo. It is very certain the recollection of Mr. Thox Tt is true that the President, by virtue of his general | wife, &e., w v linits of the warrant, e afoasrs, Tiiomas Brown, Price, and ssveral | power over execulive husiness, can mudoubtediy, if ho | and wero In the hauds of the officer exoeuting the pro other gentlemen, not practiced in “Custom-House oaths,” | 80c3 fit, direot the District-Attorney to discontinue any | copt. 3 i differs very widely from Collector Smythe's, as will be proceeding or prosecution begun on bebalf of the United it 18 thus apparent that procecdings of ‘a very grave n by recurrence to their testimony. lilunnn pleasant | States. But if an importer makes an application of that | character, nvolving the sancities of the household, and P08 by fuvite nttention to the staicments of these wit- | character to the Preaident, {t would bs vefeired totiie | the infrinizement of the most sucred human rights, are by mossos, the eyidence of Mr. SBmythe, and the form of the Secrefary of the Treasury, who in turn would refer it to | this act supposed to be placed in the hands of Government the Sdlicitor. officials. I8 not such procedure & virtual hrowing vaths hesubscribed to every month since he hecame Col- Joctor. Copies or forms of these onths are given in full in o gostimony of the suditor of the Custow-House, 8. E. lon, comparison of testimony, and of the forms ‘the monthly oaths taken by the Collector, will be in- resting while smy briefly reviewing his conuection with lio cartage business. This business, though commouly rogarded as a con- ituont part of the general grder busiuess, Mr. Smith has or his pueposcs sonowhat segegrated therefrom so as to Iuvite proposals for its monopoly. A Mr. Mclntire's offer £ $15,000 per anbum was not thought lirgo enough by &‘pflmlwtor Embree, Mr. 8mythe’s representative in -, and was consequently rejected. aSo much of the cartage as pertained to the np&minn‘ stores was Finallytarmed out to Messrs. Lindley, Keyes, and Meagher. Two mouthly mstallments of §250 each, as appears Ly Mr. Browu'stestimony while he was the Collector’s private socretary did come into his hands, and at the request of e Coll was kept back by him for the Collector. by Mr, Browne'was made the teruporary keeper of this nd uotll wanted, perhaps the monthly oaths explain ; hou it was called for and for what purposes appear in r. irown's testimony. This cartage business is yet in he same hands ; how many installments havo been paid, r the dis) jon of the s e, the Committee has not at preseut the means of knowing. Aluwnq}l the importers’ fl!n\‘ute cartmen give bonds nd take licenses to enable them to “ ride ” bonded goods, ey are’not allowed to handle them uatil the Custom- ouse cartmen have drayed such goods as are sent ender order to general onder warehouses, and from % required, to private bouded warelouses, a rary requirement aolely for iy of the contracting Custom T v SR S g ouse cartmon I8 owing : ¥ such a xaceipt as the fol- bhis order; that wiile Goverament gets no additionn! wantage or scourity, the importer lsfuli)«cmd ther groat inconven!y ometimes delay, in huating Koods, and made to pay from 50 to per cont :-muo than if e was allowed to empljuy owit a0 Bimply oharaocterizing this wanton interference wl the rights of merchants as outrage No. 2 of M- .,m,.).'.'-’, ndministration of the New-York Custom-House, 1) miteo over with but a word his numerous romo Iutments, and re-uppointmonts, d&c. 6 has greatly disorganized, demoralized Jw) capacity and working force of tho Reveuue nmeooubopon ‘withful, experienced, capable men ve, for 1o known cause but the Collector's capricious- noss, made to give place not uufrequently to incas paclly, lenorazce, vice, and, Iu one instatce, to 8 con: fo! jof. To this disgraceful catalogue, but for the rinnoes of Deputy-Collector Stiltwell in rejecting Mr. ytho's nomination, might have been added au indicted B g cncaled for adait iy his uncalled for additions to the pay-roll of the Cus- tom-H. #raising salaries sud multipiying ap) uouSfl:. 0., while fuaineas dooroased. ho has tncronsod” b e pensos, It is said, from §250,000 L0 §500,00 por yoar. Houo the Connmittee pauso in the examination of Mr. wmythg cato practices n conection witl the New- 10 lack of matertal, but be. e tng B Tliay nbunaanu’v o ey I TS ulre and Inaure Lis numediate removal from the office of tiis Port of New-York, public propriet, deconcy demaud this rebuke and reparation. To stand or delay will inevitably tend to focalize and suspicion 1uto aliegation, surmise into certaint 1 alsd tho inftia) and necessary stepa toward reform, yward the prevention by example of the recurrence of Abuses, corruptions, and wrougs. The Commnittes leveo there nuay be an essential modiffcation, if not pomparative yrevention, of these abuses, upon sows such Daais as the fellowing recommendations: Fire Anbonest and ration general order 1 1 be taxed he. Second. Whensver pu impgrte: iha Colltor be o A T affoct o m’i:,'fl‘ is believed, would be that the stor- B ORRtG 1 ve Aheriue, 1he mortrans menki s, wm}’:‘:‘d‘m‘m‘mm and adoguate remedy at all J.u'""‘-...:.5'.»':‘;1’:“,5’;.%‘:".‘,," 1 infloxible Treasury regu- Thiens reqircments, - 5" ovils, so damsging and 8o de- , the Committee believes no ro. made, excent for good cause, which ey movals uld be sp Iy reported to t ec ghouid be specilcaily reported (o tho Secrstary of the THE SLIZURE BUSINESS, s teatimony fully explains the operation of oroverloaping of constitutional barriers to ercet and ce- ment whicli cost the thought, and the trial, aud the blood of centurics t In it not the necdless subjoction of our citizens to indig- nities and oppressions such ns have not been attempted 10 the lnst fwo hundred years elsewhere, in any age or land, where e English linguage is or Lias been the birth- of the peopis i 8 been forcibly = o the roots of whic nore-deeply imbedded than another, in English or Am l1<'unellvvpnmcnu it i that 1o man shall bo compeiled by indirection to furnish that Proof agaiust himeel o the Judiciary Act 1760, it was forever declarnd that ron certain conditions to hookks or writings in their pos- ol contain evidence pertinent to the cireumstauces whe by the ordin o ease of the United POt 506] ae forfoit- t the Solicitor holda arbitrarily 1 actual practice, plication miade by an tmporter for ra: Zure o prosection begun by Col- ‘Thus, it will he seon th. in his own hand: the fate of every om accoutt of se lettors of Customs. Again. Colloctora of Customs are not subject to the or- Qors of any person except the orders of the President or the Secrotary of the Trowsury, and, therefore, the mporter is at the mercy of the Collector nud the lat- n pursue and harrass his business unmolested. 1t a8 readily be seen that if there i an understanding, : implicd, betweon the Collecter or informer and citor of the Treasury that the latter is to receive pecuniary benefit, to be paid on account of seizares, he is not an i fa porson within the weaning of the law. Whenever an iration is preferred f 150, Af he has A pe ary Interest in the person Lo advise the Becretary of the Tre -\HL'. aw coutemplated that the Solicitor should haye any intarest in seizures, divect orindirect, it would have given it to liim by statute, as is done in the case of the Collector, Naval Officor, Surveyor, District At v and iuborm’ ers. @he fact that Congress his abstained from giving the Solicitor “any share is presumptive evid that i did not iatend that he should 0- lieitor is interested 1o such scizure he ther against the spirit of the acts of Congress, snd makes him- sel an nofit adviser of the Secretary of the Treasury, and the mere unfit if the Secretary is unaware of the pecuni- ary intorost b has in the subject upon which he has given advice. That there may ha no misunderst construction of tho teuor of these general remarks, the Commitiee desirs to say thai they design in them no reflections upon the preseat Solicitor of (he Treasury. Tt ia possible that the perusal of the testimony of Mr. Chittenden, former Register of tho Treasury, dé- Vo that, it there be one lr'r'.u prin- w fssne in cases and unde e compoiled to prod rocced 00 the s g in Chancery. In wenly eight package that o suit m mplicated party urt of compete Court, a3 evidence, cone demnation. when hooks petrin rodiced on the od Biates s not h them at per, or lat he pers ar g officer for the U t to ransack and se all for w particnlar p sthe law In respect to Well and properly ha Lol diatinetion in this arfiinca ding or mis- tailing the partiolare of an iatecview ut the MIGEL T o nue Hotel, Now-York, at which Mr. Jot wan expreas verbally Bin own Touson of his acquickcance on that oo 3 or botray him=olf by heing conpelled to Mer The suspicion of his having & common inf Drodiice a paper or & book in which he has written that n Custom in consultation | whiel, it mado public, would produce the same rosult? there—officials who had | ed intovest in | 1Tas any 2 ¢ sower, by ransack the settlemont of seizures and forfe ing priv afe, to secure mittes belleve the Tth section of the adinisy u his property, pritrciple, bad fn 1 , and should at o than it b n ufesslons ) Lation and elaboration nds. But it 18 L ct of 193, and « under opposit whole ¢ t Thgtish » spirit and the words of our own 2 , from au individusl by the 1 “Time will not peruiit snch elu of thisprinciple as it imy very ovident that the 7t the Custom House pract and in violation of, th American law and of tio Conatitution. or xn—atl{ modified. buses perpetrated under it are muuitiply] nwun Tutensifying, and may vltimate in some baloful outbraak, in vindication of the inalienable rights of the citizen and map, whilo a wise and good officer wonld not knowiugly use its provisions to abuse or op- pres; inasmuch as the administration of such cannot always be secured, is it well to have unnecessarily laws capable of abuse, on the statute books i The L‘oni'umw 10 tion of bad laws and bad men to administer them | Lot uslook at a conseqnence that may legitimtely fol '\:’m:)l;“mlnrmt calamitous—a contingency that onght not [ Jow. On an afftdavit .'-r auspicion Vh’nl sotehody has m“mng(\ed{u:aly incurred. The most material of the | made, judge issncs a warrant divecting an officer and i i'”‘ i rocontly by the Committee, illus- | his assistants ¢ 1y Place OF premisos w any trating the bearings and tondencies of proceedings | iuvoioes, books, &¢ ro depoxited.” From malico nder this act—ne tho eamo have ‘transpired in wsually) irresponsible afflant may depose i blio Expendity bmitte . : o reporta incidentally touChing the seire aboon e Wt et although then comparatively in its infancy. Its idmin. of Enkland un fstration gave ris€ to reports olfioial Were OppTosive i i £ing (e frouds upon the revenue, tstoin-Touso enforcing the Inws rogarding nd thal seizires wero mado poerest man's cotinge in 1 i3 ansistants from the staff of the Surveyor o may withdmpun cross and recre h whion the factaglid uot warant such harsh proceoding The totimony’ thon, (akon almost \neldentally showcd : Tierody e e casos of hardahip aud great oppression, Lt scarco antil ciently numerous and gencral in this eharacter Lo author- rosat contition sml ohaat i eiie Yl atton; Te Sory p 8 guite {orent. I y vogreatly mnlipiod oo oftles ko v fhtem | ARGt O Db S Uadgmat Mavery pen Hls, ! ouie, more foaricss, it Not leas scrupulous, 1 ined were our fathers to But, 80 careful and 5o Aste their pro: g, untll Intervention and p il Toatition seee tmiatay \and protection by | guard against. ans possible misnppraliension a4 to fudl how, 18 wrong, to beget an apprehension, at home an of amend abrond, that our I3 rovtglm: laws are worlk uor?i v in the {aterests of § and seizing officers than to protect the honest merchant and the revennes of the Government, Menaco and intinddation have boen freely declares persons, howse s, prpe searches und seizur the sty prepy have not no ho Committos as to what will Hom of Chis report A auy fudictal d resorted 1o to insure - apoedy - seitlemont by com- | be held * unceasonibl e -promise. By these compromises, tho Collector, Sur- | causo wtores, drawoers, s 0 et 0] T’.’...h’ "-"“"“" veyor and Naval Officor, anl In New-York the o pupers, &o., without other fu hoad of the Heignro Burew, Atwrt s, minution tinn is implied i ‘the . _one 7 ot , and t producti It 1 issuance of a war- avoid the law’'s delay and prover uncertalnty. | rant—and that i u:‘nl llvl:' -:m“. The Committeo fool they cantiot oo pointedly coi- teemed nmreasonable demn the practice, which has grown n Hm’dlflnr- sy ont Custom-Houses, 0f failing te sccurc and pay into the Treasury the full of duties, all of which 1g Lo the Governm o uted by the Committoe | of the alleged fraud fu the fmgortation of champa wine futo the port of Boston Iy the Messrs, W u'u l'n)flunh an iltystration of the ovil to which we refer. But the Committee have sald enough, and much more “!nll‘l caso the Collector asserted that the Moeasrs. | will be found in the testimony. Surcly such prooecdings Wilitune had falled to pay the full awousit of duty legally | are agatuat tho spirit of our fistitutions and bn direet con “ereu vio upon the fwportations, and upon that ground | flict with the spirit aud words of our Constitution—and feizuce was made. A ltindred thousand dollars was paid | the Committes canuot believe wheu understood, a provis- m:f lement of the case, of which the Treasury only | fon such as the soveuth section of tho Act 146 1s recelved ono-half, the amount having all boen treated a | claimed to cinhody will bs ullowed (o retnati without os- la:.u”u or forfeituro subject to division and distei- | seutial modification. mder the act of 1700, 1t is clear that if the Gov- THE GOVERNMENT DETECTIVE SYATEM ABROAD. MOt Cases roceive— o unjastifiable and unlawfal in g Rossing the ance of a'Conut bo forgotten that 1L is speetally provid of the seventh seotion thi v sl b rotained so lon) necessary, subjoct to the coutrol Gitor of the Troasury.” . And it muat o in tho lst clause K3, papers, rot reof may bo and direction of the Soll- Tho Beigure Bureau as Oustoms Reveniie it i to n adjuuct of the collaction of Uuited States, n modified form fon, s Nt of recent origin. The Act entitiod toprevent and punish frauds upon the Revenue, for the more certain colloction of clafma tn favor States, il for other purposcs, v ppro’ ratly enlorged the powers and w . The otivitice ot this Barcau. Intondes, its title-purports, to prevent and punish been not nnfroquently perverted intoa me- of oppression and fa; Maroh 2, 1799, every collector, naval offioer, or surveyor @ause to suspect a concealment in n{ lace of dutics have 10t been paid s -fi’, upon tion, on oath to any Justice of the Peace, onl 1o o warrant to enter such place in the day bmo and seize nnd secvre the gools for trial. It was nevor gontended that this law authorized'a search and wizinre of private books snd papers to obtain anduse them #s ovidence to comleinn property. It only author- Ized the seizute of susy property. The section of the AckOf 1865 has been lield in” practice, if not on the bencit, 1t s to' be Loped, without, m xamination to Buthorize the exerolse of the very b and practices ich the Aet of 179 Al not bestow and has not bee sonat todo. That section, the seventh, is as foll e 1. dnd be 1 furthss emacied, Thch xhemeres 1 sbal e v 16 L0 satinfact ow of the District et withiu 1 Stotes Biat any h.:ndnlu,:l-u:vs:l :.or ~ :::“ -'T,A‘:-L mo‘::x‘-a»y any person c.t( persons inter- i or entry of merchandise at oy e gl dndge. sl fortwith wis M5 at which the werchandise i attomptod sathorized it Poy imve P rioy wae Gf 1 1'5i4ud Blatés wo long us tae. reteation thoren R Bt S e s Tt an T "It fori of the Act of July, 1955, declaros st “ ¢ suthorized 1o Iaatic a warrant directed Lo auy of 1he Custdng, & Iu virtus of that provision a Judze 1 Maine or Marviand, for example, is smpowered 0 fssuc a warcant Valid in’ Boston or Ney- York, ke. A8 o irconvenienee, under this last amend- amend of 1566, Vs heen brought to the knowicdge of tie Committee, (t 1 dismissed with the sigle snceos- fon (it 1t aduiits of very great abuse, und s\ould specdily be some whit restricted. The 10th section of the act of 1968 1escrves and makes dependent “upou the roconviendation of the Solicitor of the Treasury u elaim i favor of the United States, before the saine sompromised.” The effect of that seotion hus be rmludlz,mm is mandajory unon the Sec f‘mm s revistonafy and Adintntsteati ve Whon clais arc rougit th be eor t any diserotion by D I (0 be couteotlod by tharo of oue oi Lis subordivates, Already, aud pisl ernment had beea dofrauded of duty, the first thing tha ately f at [ Trumediately followlog upon the 40 Act should have been dons was upnel-um that duty to the | 1843, \mu:m‘l ’lL‘l"nl'vle ;L'Zi Mu:lém :‘, (?n!m:r"we:o Treasury. After the rovenue had beew satisfied, then it | f u o, ormally designited by the Treasury Department to ob- would teigain fer cousidoratioi, wietlier an adaitional STt Frarons ovidenan of allogod fcauds in the under. Gemandsd J&fem&:ugfl' ‘unlul'flrr;l:"h 'llnl?n:'h‘)‘:m lnh'z’uutlr[ Iw:}l;lnul:u tnvoices of merchandise destived 5 ement, however, | for the Unl tates. n‘?fi?&u?& 1&3 .fnuvn of the act of mx{nm oved by | The Committee called befora them the Solicitor of the Hioned by the reamiiy, and hia wotfon was sauc- | Treasury, whoso bureau lias lind tho aspeciul working u“' Comumiitee, hove: ver, oannot bolfeve that the atten :‘;“l"i:u'!w'}m elation the 'l"'tm"mw g Lo '"3 o of - uce in relation thereto. point "‘3‘"‘ oy m;‘l“{‘!«l;: ?lx:ll{llur called to the r the purpose of iuformation on this and other Sases wiers his ey M 1:“ (5 othor similsr | branches of the Investigation comiitied to them, the It New-York the e Doead ) 'u| dobtained. mmittoc asked the Secrctary of the Troasury Lo requost the Colleotor to o o i &wn habit'ot [ Mr. Farwell to return to this country and report for ox- undor seizure to Hhe importer, olivery of mos ndise | amination. Mr. Farweil camg avd sppeared bofore the ‘flnut ,,,,md, mrmd;fi'{m&:""fiuflfixfix mfl:"fi'm,""‘ -v‘?ll':{- views at longth. attompt to ova & . Monfgoim p o tho payment of Which constitutod tho | and uve e iy bencit of s oxbortonce st miows fraud which led to the koizure. ‘It is, then, the practice of tho Collector not to deduct from tho sum received i s tlo. The statoments of these three gont "u"“clf contntuing, as they doubtless do, the hest plea for and defence of the T"‘,:;;:},’;f,‘;",;{‘;‘fi:,{ 3?%:"5.&‘"",’,’.‘," tho samo witl the | dotective aystom which it adnits of, though quito vl R et L ai?;fii‘.f.“: divide | wniuous, are given o ful in the nccompANYyIng fostmony. teibuting the duties, a8 well as As all tho wivantages of tho systew atv, from tholr diffor: he penaltics and for- | ent stand-points thersin set forth, the Committeo content themsolves with some of the objeotions that forcibly pre- fi,lmmlfihe testimony of J. 8. Beechor illustrates this olnt. alleged frauds in undervaluations he s ’ 0 01 o L - A Rk eubor, 1860, Tho ficat tangiblo proposition ok So ,“.f.,‘.',‘,":? .‘,‘.‘:;‘ é.‘,";f,'m'."{;’"" '{'““""""‘m of such an piono i soitigment on i bart of tho Custom ot | of tluceo'man bors R ST was for $46,000. - Beecher, findi . that the Hia wines ronid s Abogb. G105 1a- goid, At that 1 b6 I gold, and that 1 o | conecially a4 they sométiuics reprosent the 8 ncerodited o, thewseives ol roud uts of a depurtmont of the Government. try that such could g}mn an ractel wmlufilét‘ o’ fi' laces in varions gnises and as the writer of varions fictitions or forgod lottars to obtain information, sample specimon casks of wine, &c. In some instances, Cort {12 oné, a3 the witness, Joseph Bensusan, jr., tostific g 0 pay for Lis own samples. 5 wllf"% 5«::?m::uyl of James Puc,ver, 4., can bo relied t] he Committeo knows no reason why it eanuot, [essra, Farwell & Gibbs did not scruple to huut in couples at. Cologue, representing themselves as Confederuics, ydestrous of yflclnfiwlm‘n, &e. Auon, they are Canedians, Englishmen, &e., &o. T further llustration of the ques tiomablo ruwmiing of Mr. Farwell, the Swiss Consul- General, flne Hon. John Hitz, produced before this com- mittee {he certified originals of certain papors, whercin [t ecmed obtained and casily gold. Opiions and repio: sentations paid for, with but.a chance of exposure, m “m en even (e most {imid and inexperienced, Slowud to say authoritatively to collectors of port in {his eointry what are correct and What are under valua- Hon i othor words, what {s to be permitted and what 13 to be sedzed. An epormous power may at any time be thus ¢ A" over u Jarge shipper, however lonest. The shipperpa e ship- 8ing 10 P ; if not a selzure Victim, The possession of this power, and the ability to exereiso it, were wmore than intimated in the alifornin wateh papers already referred to. Large soizures are made by proof thus worked; if compromised, one ?nmrlcr of the Shole pmount recciyed goes to them as informers ; it the suits are tried and Government losed, Goverament pnya the costs. In etber words, incurring neither expenscs or rlak, upon'their o¥n representations, they are permitted 1o {uitizlo expensivd law proceedings, damaging, if not Qisattrous tolargo interests, Clad,tHemselves, in the habili- ments of apecial agents of the Trensury, at a distance athless and harmless they beat the cover, and only robable that Mr. Farwell lad posscesed himself of four aluablo gold watches ns snmples of a seizure he had - stituted in California, The sworn copy appears o the accowpanying evidence of this report. Tow his assoctate Gibbs proposed to lov, contribmtlons on merchants cousigning goods to tho United Etates, 1s fully sot forth in the testimony of Leuctenrath. Witnessos letiers appendod thereto, give details of transactions und instructions in which Mr, Gibba nppears in still another (-Imrar({r. My, ?&Jb& gives inihis testimony his owa ver slon of theae matters, ‘Alteady the operations of the syetem abroad and at 10mo are AssUMming %flluml importance. Largo seizures h“"o.s\m‘ mado of shipments of ehstupazne wines from Fran *llybonl, silks, buttons, &c., from Swiizerland, and herry YAnes from Kpuin, after arrival end entry at our “ustom-Houses upon previously ogreed \'nlnnnom‘, upon {ho protense of frandulent valuations, to the extent of noarly destroylug some liues of our tun-t‘fn trade. Itis understood aud believed that var{ decided representa- tions havo plready been made to the Secretary of Stato as to the prapriety and justico of the course pursued. The end is not yef. The ehnwpngne selzuro cases perhaps afford a falr iitus- tration of the magnitude of some of the {ntercats in- volved, means and instrumentalitics used, and results reached and not reached. Under information sent to the Now-Ygrk Custom-Touse Dy Mr. Montgomery Gibbs, about 10,000 cases of clism- pagne whos, amoninting in value to about $140,000, con- Dkt to the aifforent agents at Now-York, of the manu- facturcrs at Rbheims, France, were acized early n 1864 upon the allegation that the invoices nccompanying the same, and on which entry was made at the Custom-House, contained fulso valuations. Suits were also instituted to recover the v: importations which had nlmnde; passed tho Custom-House as correet, the auount of whic Teaches the enormous fignres of $1,520,600. The agents of the manufacturers havo vainly endeavored to have the cases brought to trial, and thus, s they claim, be allowed to make ah exposition of the feharac- ter and honesty of the Dusiness of ftheir prin- cipals in their dealings with the United = States. It was testified before the Committee that the business wmpagno wiies consizned to the United 1t i contined to u fow manufacturers, 1 Epgnay, in the so-called co. Al (he maunfactured ude wine grown in that district. Each mannfacturer makes a different champagne, varying in taste to suit the taste of the con- sumers who fancy his partionlnr bheand; and these wines are subject to frequont variations in the demaud, some- imes the Heldsick haa been the prime favorite, again the Muwmm, again the Veuve Cliquot,a wine made snitablo for the ted States marlket by 80 mixing it that it suits the American tasie, and as it ‘s made expressly to suit ould not be werchantable, or com- fva price, if it was scnt for sale to En- gland, Ruseia, Gormany, &e., nor even in Rheims, would the wine of one manufacturer bo salable to other manu- facturers, owing to the difference in taste and reputation of the brand. Again, repntalion of the wines in the United States is mado through the agents of the manu- faeturer at Now-York who controls the entire 5 meut for the United States, and the wine 13 sold mibre for the label or brand than any other eause. Each wine has its admirers fu this conntry, the varistion of demand belng based upon the tasto of gadividuals for each one. When the dnty on champagne was changod 1o an ad valorem basis nnder the tari® of 1446, the Manufacturers were at i loss how to invoice the wine, and tnmediately after the taking effect of that Tariff, (he matter was «if)- Btates Appraiser, by the agents of dvice a8 10 how thie wine should be invoiced fultexposition of the cost of mannfacture (o went officors, the Appraizers fixed the price u their own information and judgment in- of the importers, who were compelled to After this agreciment on with the acents of cham- no diffict ing would be allosed to pa would be auuoyed Luevitably, connected with ¢ States is peculiar. who rosido at I champag: “wine 18 iwde fro with the I | entry of t Inited Statés Costom: Houso uutil these prices were brought in question porations of Mesqgs. Gibbs & Farwell in ob- or moximom pwees at Paris, or elsewher: cipnl_market for champagne w i fprice fo. chumpiguo wine L to Ametica is known, THE SHERRY WINE CASES. The present status of these solzure cascs may perhaps Lo nained [n two sentences. s, the Miufste Farnell, fa the soa! States Révenue Dopar atimum price st ket value valastion are mot hased upom from & want of proger knovl wro, of time Torhids further consideration of the wystens amd business. de, b prw: &0 ¢ :lmrrlmmllm conalg wed to the U 1rord, for wule on thole account, arises from t prane our ‘coumls abroad. Forimery eohm elrenlar fustructions from the State Depa large wanufacturing wnd exporting di Btates Consuls are made quasi appraisors. By the act of August 25, 1856, the 15th section of the tarlft act, the first section of the act of March 3, 1885, and circular in stractions from the Department of the State, cousuls are made responsible for the correctuess of myoieo yalua- tions. These statutory provisions and de| ment regu lations fot only 10 be Tearned in T o oxpert in the value of the merchan- ousiilar districts to the United States. f, thercfore, u consul approves the fuvolce valne of an cle for scrics of importations, Iras not the foreign pro- sowe right to assume that to be the trae valuo for poses, Just ws ho would If the appraiser Liere o valwition | tter written to a for- glsu merchant by the Cousul-General of the United tates atsl'tankfort, dated Dec. 7, 1853, informing him that under the law of March 5, 1489, wines oonsigned by the maunfacturer mist be nvoicod at the * cost price of mai- ufacture,” instead of “actual mavket yaluo.” With such an official expoaition of onr often changed Tariff law, surprising tho foreigners aro misled 1 S0 long a3 ro pasessod upon the rurrlfiu valuation, onght W not to seo ¢hat our Consulates are fiiled by intelligent, oxporienced, and faithful business ment “Cerlainly it dots not becoma 1s to bo surprisod, or to complin, Waea foreigners misuterpret lawas about which our own ngeuts are lznorant, 1u close connection with oar Consulates 13 gho require- mont thatthe oxportis anufacturer shall deposit prior to,or wlw?Lo zomlvo:gu cortified invoico,satples of the Koods ho is ex| rting. A# un Im]mrfi‘nl fil tothe judgment of the Consul, this "’3: .:.; -:;t may be of great advautage, but it is liable to g 3 IBut for the removal comparatively of the most flagrant xlmm d frauds in the worlungfo OUr rovenue system t home and abroad, and putting on effectual stop to 08t of the present complnints of forelgu manufacturers xportiug werehandise tp the Uulted States, thero is, the can It b 80 dut O ey VETO OF THE BILL TO Pl:f)\'lr GOVERNMENT FOR THE To the Housc of Representatives: 1 have exa the bill “ to provide for the more efficient Fovern: ent of the Rebel Stutes” with the caro and wnxiety widch its ranscendent importance i3 calcilated to aty un 0 kive 1f my assent, fOF Yeasons 80 grave {1 Jiope stalemient of them may have some Influence oh the minds of the patriotio and enlightened men with whom the decision must ultimately rest. . i places all the peoplo of the ten States therein named underdhe ubzol domiation of military rules, andsthe preamble undeitakes to give the reasons upon Whiclyit is justified. It déclarés that tieré exists in those States tolegal gov- crnments,und no_adequite protection for life or pron- Crty, aud’ nsserts ‘the necessity of enforcing peace and %ood order within their limits. Ts thistrue s a matter Of fact? Itisnot denied tuat the States in questiol © cach of them an actual government, with all the powers executive, judicial, and legislative—whicl long to afree State. They arc org States of the Union, and like them K and excoute the Jaw hich concern thei fairs. An existing de facto goverument, exercising such functions a8 these, is itself the law of the state upon all maetters within its jurisdietion, To pronounce the su- sremo law-making power of an established State illegal, 5to say that law itself IS unlawful ‘The provisiens which these Governments have made forthe preservation of order, the suppression of erimo, vand the re- dreas of private injurics, are, in substance and_prin- ple, the samesas those which Frorei in the North- S Biates and in other eivilized countries, They c tainly have not succeeded tn prev ntln{ the commission of all erime, nor hus this been accomplishied anywhere in the world. There, asswell as elsewhere, offenders some- times escape for want of vizorous prosceution, and oc slonaliy perliaps by the inefficiency of Courts or the proju- dice of jurors. 1t is undoubtedly true that thece evils pave been much inceeased and exaggereted, North and Houth, by the demoralizing influences of civil war, and b the rancorous pussions which thie coutest Lns engendercd; but that these people aro malutainmg local Governments for themsel 'wiich DLabitually deftat the obfect of all government and render their own lives and propertysin- securc,1sin itself utterly improbuble, and the averment of the DIl to thut effect isnot supported by any evidence which lus come to my kiowledge, Ag the fnformation I havo on the subject convinees me that the masses of the ho control their public acts, s opinions on (uestions of completely united in the effort to re- ace, and to res ) AT orgamze their soclety on the Dasis of storo their mutual prosperity as rapidly and as com- p\elel w‘fl el dl’cmln»l.nura ‘will permit. The bill, iow- over, routhcm to show upon its face that {he eatab- ihrnent of peace and good order Is not its real object. ‘Tl fifth 6ection declares that the preceding sec shall cease to operato in any State where ccrtain events shall have happened. These events are : first,dhe seloc- o a State Convention, by an ‘clection at tlon of delegates to a Stal I e ‘]‘m cho- sen; thir provision which will secure the vih Tions to negroes and to such White men as may not be dis- franchised for rebellion or felony; fourth, the subindssion of the Constitution for ratification to negroes and white pt disfranchised, its actual ratification by their ifth, the submission of the Btate Constitution to Congrss for exaniination aud the actual appprovalof it Dby that body ; sixth, the adoption of acertain amendment 10 the Fed: Constitution by a_vote of the Leglslature elected under the new Constitution; seventh, the adoplion of seld wmendment by a sufficlent number of other States to make it a part of the Constitution of the United States. All these conditions must be fulfilled be- fore the peopie of any of these Stategean bo relieved from the boudage of wilitary domination; but when they are Mled then immediately the pains 1 penalties of the no matter whether there be peace aud order or not, and without any reference to the security of life and property. The exouse giyen for the bill in the mbledis ad d by the bill 1ts€)f not to be real. The itary rule which it establishes i3 plainly to e nsed not for any p f order or for the prevention of crime, but sol eans of coerciug the Lng:opln iuto the adop- d measurcs to which it 18 known that tion of p they ate opposed, and upon which they have an unde- Biablesright to exercise their own jndzment. fe 1 submiit to Congress whether this 1easure 13 not, In its Whole character, scope, and object, without precedent and without suthority ; 1 paipablé confilet with the plainest provistons of the Constitution, and utterly destructive to those great prineipies of berty and humanity, for which onr ancestors on buth sides of the Atlautic shed so much blood and expended so much treasure. The ten States named in the il are divided info five districts, For each distriet an officer of the army, not Dbelow the ratik of Brigadier-General, is to be appointed to rutie over tha people, and 1o 15 1o be supp .(nnu;m it military force to enable him to perform his Those dutics and _that and enforce his authority. Lority, as defined by the third section of the bill} are to protect alj po 1 their vights of person and prop- "to suppie s isnrreetion, disorder, and violence, and pu amshied all distarbers of the to pi catse to be | public als, The power thus given to the commandi ‘over il the people of each district is that of an 1) monarch, 18 mere will 15 to take The law of the States 15 now " l.lm ed under rced by the ¢l v protect them in roper, It places at A goods in his distriet, and ,without let or hinderance,to whom e pleases. Being A by no state law, and there being 1o otherjaw to regulate the subject, he may make a crimingl code of Lis own, and be can make it as bloody a8 Anygrecorded in history, or he can resots'e the privilegs of ing upon the uhrlll\e of his private passions in each and 3 righta of 1 s free ho may distribu ease tha Ho 14 bound by no riles of evidence; there is indeed 1o provision by which ho is authorized or requited to tuke evidence ot all. Everything is a crime which le chooses to callso, 1 pers are condemned whom ha prouownces ta be guilty. He i3 not bound to v any record of his proceedings. or he fluds thew, with- { probable cause. If he punisiment, he oy, N0t because he s com- casual reader of the bill, it mught sccured by it to persons case, The officor may nders, but of course 11 do so. Court presume to exercise its the trial of & [actor, without his s ho can bre up, and punish the a5 betug themselyes malefactors. He can save his fi from justiee ! s cnemies contrary to justice. It rovided Lave powe nize Military Co this power he is not commanded to exe I pe used only when, in his jug o Lecessary for tho trial of offenders. ence of o Connmission wers wade a prerequisite sishment of a party, it would be m-..rcrly the s the authority to Pleases, preseribe 1t wods of proceeding, liis own subordinates, a0 all 1ts declsions, Insiead of mitigating the of his singlo rul 1ch hunal would® be probably, to divide the responsibility of t mote cruel nnd unjust. Lk 1 provisious dictated by the humanity of Congress inserted iu the bill,” apparently to restrain the er of the commanding offieer, but It seomws to me that il for that purpose. v ion provides, first, that trials shall not ayod, but T thizk I have shown that al, aud 11 so, th second, cruel or un- uflicted, but who 1s to erucland what unusnal 1 The words have al meaniog by in the Courts. Can make anysreport, or ke He mny arvest bis victishs w ont Warrant, ACCIILLION OF Pr gives them i trial bofore he gives it of manded 80 1o » Judge und Jurors [ stightest check upon the officer, whe organizedt as ) appoint | s fiom awon it b expec that wilitary officers will understand or follow & rilo ex A in lingnage so purely technical, and not pertaining in the least degree to their profession i IEnot, then o define cruelty uccosding to il i temper, aud i€ usual, he will make it usual, Corporeal puuishient—the gag, fhe ball and chain, the other almost iusupportable’ forms of torture inven 4 for military punishment—lie within the ran hoie Third, thio Sontonce of Commmussion 1 Bk 16 bo akeqpted withott being approved by the Commander, if it atfects lifo or liberty, and a seutence of death wmust be approved by the President. This apphes to cases in which thero has been a trial and sentence. I take it to be cloar under the bill that t litary command er may condemn to death without even the form of a trial by & military commission, o that the life of the con- demnod may depend on the will of two men, instoad of the authoril here given to the mili- nts to absolute despoticm, But to make idurable, the bill dos that it may be v subordinates as he cLooses to ap- s that he shall * punish or oause to be 1 power has not been wielded by any und for more than 500 years. In all that }: 1k the English language have t reduces the whole population ot | persons v color, sex_and condi- stranpgor within their limits, to the most No miaster ever had atcon- ves a8 this il gives to the military officers over hoth white and colored persons, Tt may be aunswered to this that the officers of the army are too magnauimous, just, and humate, to oppress nd trample upon w subjugated people, I do not joubt that army officers aro as well nmu'{lod to this kind of oonfidence a3 any other class of wen; but the histor) of the world has been written in vain if it does not teae us-that unrestrained authority can never bo safely trusted in human hands. Tt i3 almost sure to bo more or less abused under any elrcumstances, and it has always re- sulted In grow ly'nnuy ‘whore the rulers who exercise it aro strangcrs to thelr subjects and come nmong them as the ‘5:- sentatives of a distant power, and more especially when the power that sends them is unfeiendly, bovam ments closely resemubling that here proposed have been falely tried in Hunyary and Poland, and the sufsering en- punished.” Su monareh in ¥ time no ‘n horne stic tho ten Btates, tion, aigl ove abjeot A degrad trol #o absoiute ommitieo ul{un, one mmple and practieal course (o o 8urluml. and that is to recall from abroad all Treasur; otoolives, :xd in tho future, substitute as rapldly uni 2 .2"'17 racticable specifte 1y place of ad valorem mo {rregylarities o tho Burvayor's Department of ow-York Custom-Tiouse Were brought to the notice Stan bk tho BAgANED o Daseenger. Erot abpud. 18 g s . iotimes bassed. 11 15 waid on Uo, Nortngrs frontior com| {spd —he Onee's :;uhndm"a.a:v:.' ...i".’,?.;'u’i‘“u."?;&’f 3}' r'o’xlllflof walio eattmate In which Mr. Gibbs is held by those who | fhe reticfles of fomales coming across tho lines A0 105,00 1n kreonacks, —he’ Govoramant €0t hall, | ho romiet, s with bim in business and sqelally wi uired to ba fnspocted ; W ‘Now-York & forolgh ru,m at tho thon price of goid, not tho duties, nothing m“-'dfll.uhom. soveral yours fn New-York, woul auuuhlp oitizen passengor pasies 24 of 25" Incge o Tor ulfekod Violation of law—-and tho Aeiziug offl sominond him s n desirablo expouont, advocate \thont oxami ey et law—and tho ziug officers | represontative of an fudividual euterprise 'Wufll:; without oxamination. A wi (Ilomll)*wo-nhn Iu\; ovembor dividedmmong thewsn!ves §17,600. 1f out of the compro- 0 7 responsibility, integrity, au :::umdpu&:md 1y (Y\.,[w.,u; ,j.\.y% st | “The me{ugf nelu?;';'{:“rduay'n Mr, Seel, . R S O o, Ul i O i |y e st Yoyl e ht™ | U ] Vi ‘em, from i l;::;;"hl;:; ltgnll'-::n.definw m.' 'l‘;:ll/:. ‘29..; l:uvm.-d':r‘gm {llni‘; :uh:llo or ‘{"mll ?I'n‘:lim An xfl“i‘h’:l":'fi{!fldfii‘.h““»‘l.nf.‘fi fve focording to ow, rpose, very uature of his vocation ther: i 18 inlicting pennliied anid forfel have, fu vicw, is | eut pesnlt. 1t 1 weilnigl | ipossivio 5 Bhe4 :ol s as should be the Fepie- abroud, could resor stant 1nisr tures payment of the full amor Ty then a1 such cases us that of Doeche: e Lt <Iut|y. Eentiiive of tho An " I ca r's—and that | 3 . to prosentations, LA A ofe.sh Al iy Db Yoy Zealous vitstodinu of the watne, and 80 | purposcly (o wislcad. e, A0 oWERNEID. g b e very milst of ihe perpetration, coilCetion of | * The Jourhon Dyt F “ageuts proyocateies 01t of ponaltion fo (o fat, th principal olject, and | or provoking ageuts, bt their operations were most] end. " I wrotioe, Rowover, and in ut ausitiary it | eoufined 1o Freel ol and to"tie Tower st of tig selzire. su aus snd o8 of Lin . The question pre e Ties Dok maeyoaus aud tho vesulting divisions | for sonsieration slctiict o Al sy ot therefors wgently reaommnd thot pros,sou s shopld e employed abroad to collect infor- mado by law that rovision shall bs 1 evidenes upon which Goverament depends iu any frand upon tho revenue which o be a settdement of | prosscuting importaut revenue suts, fara Ayinent int fuich docs not contemplate | Iu some respecta wid to ome extont the sume remarks o 3 JiRs Doen ..|"1"?2»‘"@1{;‘-’"‘1',”"".‘“""“‘ d and the same queries arise as to the em- B g Tifth s6ction of L8 Act of Ma ‘"'f‘,lum et of W, . Farwoll In the revenus sorvice abroad, Ay peo 0 road &s wutkoriby ok Yo Lart 0f Cougtons wont sbroad with not the bost reputation WOt boal Kuowing g o dias appoaied 1o varlows that number of such trunks 80 passed last an lint thie Burveyor, Mr, Wakemun, was at the time of the <, It he did not, h’" scen the transaction, 3} nmwo)iauglw U to bo needed. Capt. l(t-llnrmun';fliu( mony indicates @ leak or defect: orking In the Selzure Bureau iu the imposition and collection of finos of vosscls, steamors, &o., for violation of Rovenue laws and consting regulations, Why but five oi six vossels have beon fined in Now-York out of 160 re- ported, (f not accounted for, in his evidence. Tl Anine witness also swoars o gross over charges, and aven bold swindling of the Goveeninent fn theso Chiig for nn‘mnllu furnishied the several rovenue outters sta- tioned tn nnd off the Port of Now-York. Durlng 113 scasion in that, city, the time of the CofMuit- tee was too limited to give this branch of the public serv- fee an adequate oxamination. Want of fime must ulso 606 other sooming nafilwu and short-comings of the *Comiittos on Public Expengitures in not extending fyviher investigations pressed at ono time sud another upon thelr attention, Bomewhat to the same eause alould he attributod somo of the mcongruitios admitted to pervade tho report hiore With respectiully submittod Go'hy HULLURD, J, DL, Bioosast, E. A, ROLLLNG. dured by those people Toused “lmn mpathies of the entive world. "It was tried in Iroland. and though first tempered by prineiples of Engiish law, it gavo birth to eruelties so rocious that they aye ucver recounted without just in- wlnflln.‘hl)nn'inl l-rt;’uch ('om'unll‘)u flnm-d its deputies ower, and 6eut thew 10 tho 501 part- ments of the Republic. 1 eribog i i ag 0 massacres, murders,and other atroeit o show whiat the passions of the [::ll:':;kl}:(!l‘fi{ the most clvilized lu'.{ Will attempt to do wheun wholly unrostrained by law, The mon of our race in every age have struggled to the u}u the hands of theie Govern- ments and keep them \within the law, because thelr own oxperience of all muanlkiud numhnl{m that rulers could 1ot be relied on to concedo those rights which they were m:_v Tegully bound to respect, fluudof great empire 8 ietmes governed it with a mild and paternal sway ; but the kjudncss of an irresponsible deputy novor ylolds what the law docs not extort from him, EHetween such a master and the people gated to his doming- fl"l‘n&"‘"fi»‘(?‘i blclslnum}x)m bu cmxnl»". “’llu mxl:mhnm hem sist his anthority, an © ! luluc- hewm &vl;l.helrlrr;/llll) 1ol 18, 1t o e oo BOW 1o a question which 1, If possible, still mportant. Have we,the power to Stavita “Mlg:grr; o exeouttor’ a mensure ke thist T answer certaiul not, it we derive our authoerity from the Oonstitntion, an Af we are bound by the Hmitations which it imposes. This o osition 14 perfectly clear, that no brauch of the Federal Government—executive, Iafilnlnllvc or judicial— can have any just powers except those which it dorives through and exercises under the organle law of the Unlon. Outsido of the Constitution wo have no legal nutnum{ more than private eitizens, and within it we 4 have only so much as that instrument gives us. This broad prineiple limits all onr funetions and applies to all sulyeots, Tt protoots not only the citizons ofthie Umted Htales which aro within the Union, but it shiclds every B Doltg who cowos oF 15 browght wuder Qur Jyiis- diction. We have no right to do in one in_another that wh the Constitutio Y shall hok o at, wil. Tt Sherefore, ?h‘a‘ Bouthorn States wero in {futh out of tho Ullon, we could zot treat their people in & way which the fundamental law forbids, Bomo people sasums that the succeess of our aris fa crushing the opposttion whicl de in some of the States to the exroution of the Feds laws reduced those Btates and all their people, *the innocent as well a8 the guilty,” to the condition of vassalage, and gavo us o power over them which the Constitution deesnot define ov limit. No fullacy can be more transparent than this, Our victories subjected the insurgents (o legul ohedience, vot to the yoke of an arbi- rary despotism. Wicn an absolute sovereign reduces helifous subjects, he may deal with them according to Lis pleasnre, because he had that power befors; bu when & limited monareh puts down an i rect] must still govern according to law. If an inswirection should take place In ons of ourStates against the anthor. ity of the State Government, and end in the overthrow ot tiiose who planned it, wo v the rigits ot all the peoplo of the countics where it favored by ority of the population? Could they forsuch 1 wed and deprived of their vepre- sentation In the Legisiature 1 L have always contends that the Govermnent of the United Statcs was sovereigm weithin its Constitutional sphero ; that it excouted iis laws 1ike the States themselves, by :q-pl‘uuu its coereive powers 1y to individials, and that {t could put down insur- with the same effect a8 @ Fiate, an gootur. The opposite doctrino is the worst heresy of those who advocated secession and cannot'be agreed (o without ad- mitting that heresy to be vizght, Invasion, insurrection, rebellion, and dopestie violeace were anticipated thie Government was framed and the means of repelling and suppressing them Ay provided for in the Constltution, but it was t necosary to declsre he States in which might_oceur sliould be®ex- B S hieh wore varibly K 1 petl the Union. ; suppre” oceurred prior 1o that out of shich tkese uesti ow; but the States coutinued (o esist and the L nion remained unbroken, In Massic h!b:etl*.ln Peun- sylvania, in Rhode Islund, t different periods in onr history . violent apd arme opposition 10 the Unitcd States was cairied on, but ihe rolutions of those States with the Pedoral Governmeal weio nok supposcil to be fnterrpted or chan el ey, after the Tehellfous portions of tueir poprilatiodve ted nud put dowi. It is true that n these catlicr eases there was 10 formal expression of 4 determination 10wl lidraw from the Union, bul it I3 also true Lt iu the South #tates the ordinances of seceasion wet reated by all th friends of the Union as mere nuiliies and ate now acknowledged 1o be 5o by the States themselves. If we adwit that they had ang fotee or validity, or that they 1 in fact takedlie Statos in which they were passed out of the Union, w vecp from under our feet all the rounds upon wh Wogtand in-jusiifying the use ol Efluml force to ma:tain the integrity otgthe Governs ment., This isa bill passed by Coneress n the time of cnce. There is pot in any-of the Siateshronght undee *its operation citihr ot insuirection, The laws of Stats and. of the Federal Government —are m undisturbed —and monions operation, The Courts, Btate —and 4 l‘: d in the full excrciso of their pro every State comprized in i Tife, liberty, and_property are Tederal laws, and the National Constitud where in force and everywhoi oby d. What, the the ground on which this bill proceeds? The title of the bill annourees that it is intended for the more efficiont government of these ten States. 1t is vecited, by way of preambie, that no fegal State Governuments nor adequnte rotection for life or property exists in these States, and hat peace and good order should thns be enforeed. The first thing which arrests attention upon these recitaly, Which proparcs the way for martial law, i this: (st the only foundation npon which maztial law can cxist under ¢ form of government is not stated, or 80 nuch as pre- Actual war, forcign invasion, doweatic movu‘tfi S one of these appear, and noue of theso, in fae exist. Tt 18 mot even reeitod that an tof wor or in- surrection is threatened. Tet us s¢ here to consider upon the question of constitutional Jaw and the power of Congress, a reccut decision of the Supreme Coust™o! the Unifed States in ez parte Milligun, T will firet uote from the opinion o glie mafority of the Couri: “Martial law cannot arise @pm a threatened invusion; the necesaity must be actual present—the invasion real; such as to i " effectually close the Courts and depose tire cavil adwinis- in only where tration.” We see that martinl law com.. actual war closes the Courts and depose ho civil But this bill, in time of peace, makes mariial authority, 1aw cperate as though ae were in actual v ar the cause, instead of tho consequences, of tlon of civil authority., One more quotation: 1t ‘what bas boen said on tiis subject, that thers casions whon martial law can b, propec: ed. 174 foreign or civil, the Courts aro actually % ble 1 erimini] justice nceording 4 law apezations, whers war really prevals, therg 15 & mecenity Sibstitate for the eivil sutbority thns orerthrown to preserve the s of the aimy aud soelcty, and a1 uo power is left but the military, it is ol Tawed o gorecu by martial fule wuti) the lawe can lave ‘their free course.” 4 mow quote from the opivion of the munority of the Courty delivered by ChictJustico Chase: “Ve by no Tneans assert that Congrees can cstabiish and apply the Jaws of war where no war bas been declared o exists; Where peace exista the Luws of peace must provail.” This is sufficiently explicit; peace exists in all the territory (@ Whicis this bill upplies. It asserts a power in Coagress n time of peace, to set aside the laws of peace, and 1o sub- stitute the laws of war, The minority concurring with the majority, declares that Congiess (0es not posscss that power. Again, and if possible more emylatically, the “hief-Tustjce, with remirkable elcaruess are oe- in: wwiom dmister tion, suwms up the whole matter as follow “ Thyere are ander the Cous three kinds of m one to be exerciscd both ad i ear; anothes of th time of foreign war time of rebellion and eiril Natiowal Gogerameut t alled fu: first of these may be o i in- acts of Con scabing rules roviding for tie government of Uis Natioas Bitingoihed as suilitary goeraeat, sapersedin deemed expedient, the local law, and ex: od br the wilitary under the direetion of the Presiteat, witls tie cxpress or Lplied sauction X T martisl Iaw propen, Le action o e soon ok 81 cho or Tore Jow 20 looget adequately A4 of milifary Congreas by the President n times war withia distriets of localities whers ordicary secures public safety of private rgts.” It will be observedthat of the three ki Jjurisdiction which ean ho excreised or ereq ted under our ‘Constitution, there is but one that can prevail in time of peace, and that is the code of laws enacted by Comyross or the government of the national forces, The body of military law has no nli"lbu'i 1 to Lie eitizen, nor even to the cfhzen soldier enrolled in the militia in time of pesce, But this bill is not a ‘m:’( of that soit of n aw, for that applics only to the soklier and not the aitizen, wiile contrarywise, the military law provided by this bill ap- plies only to the eitizen and not to the soldier. I need not say to the representamves of the Ameriean cople that tibir Coustitution forbids the excicisa of . I:nlh-lnl power in any way but one—that is, by the or- dained and established Courts, [t 18 cqualy well known that in all eriminal cases a trial by aux)' is made indispen- sable by the express words of that fustrument. 1 will not enlarge on the inestimable value of the rizht thus secored to every freeman, or speak of the danger Lo public libefty in all parts of the country which must ensus from & denial of it anywhere or upon any preteuse. A very recent decision of the Supreme Court hirs traced the him- tory, vindicated the dignity and mode known e value of "this 5!0.', privilege so clearly that nothing u o e " By what, axtent - vioiation of Kt may be excused in time of war or pubile danger nmy admit of diseussion; but we are providing now for a tume of profound peace, when thers s not an armed soldier within our bordezs, except those gwho are in theservico of It#hs du such n;m}dmun of things t the Government, would deny o nine millions of American for an indefinite pariod. 1t saews to be scuroely that any one should seriously helieve tuis consistont with u Constitution which declared in simple, plaiu, and ungm- biguous language that all persous sb h.vmmalvrliuj and that no person shall ever iu any case bo depri it, ‘The Constitution also forbids the urrest of the "'";:: without judiefal warrant foundcd on probable cauae; Dill autiforizes an srrest without wairaat, ot (ko pleasnre of & military commander, The Constitution decires that « no peron shall be held to answerdor a capitul or othoes Wise jufamous erime unless on-prsentmentby a Grand Jury; this bill holds every person not a soldier®ans werable for “wil crimes and all ehirges without any prosentnwnt. The Coustitution deciares tiat no person shali bedde- rived of life, liberty, or Rroperty without due process ot aw; this bill sets asido all proceas of law, and makes the cltizen answerable in his personwnd property to the will of oue man; and to his lifo to the will of two. FinaNyy ihe Constitution declares that the piiviicg® of the writ vl s Deas corpus shall not be suspended uiiless whesu case of rebellion or invasion the p#biic:safety may requive i ; whereas this bill deciores s ich of itsell sue pends this great writ, in time of peace, and authorizes the military to mako the arvest, wud zives fo the prisoner only one privilege, and that is a trial * wition! unpeces- sary delay;” ko his 2o hope of release frem oustody exs cept the hope, such ns il is, of release | a Military Commission. The United 8 guaranteo to eacha Stato s republican form of govern- memt. Con it be pretonded that ths obl 1 pably brokem if wo carry out a w Wipes away every vestige of re, ten States, and puis the life, property, Jberty, and howos of dil tho people fneach of thom under thi domiustion of & single persen clothed with unlimitod asuthority. ‘The Parbament of England, exerclsing the omupoient power which it ciaimed, was accustomed to pass bi of attainder, that Is togay, 1t would convict meg! treason and other orimes by legislative onactmont. The person accused had a hearivg, sometimes n par tient and fair one, but Ynomlly arty prejudics pre- vailed instegd n&us&cle. t omvn‘l?ec.- 16 necessaty fog Parltamditt 1o A0RAGFIedgd 1ts errot and roveise ity own action, The fathers of out countey detemined that no such thing should oceur lere, they withheld the powes from Congress, and thus fo de its exerciso by tl body, and they provided in the Constftution that no State shonld pass bill of attainder, 1tis, therciore, fmpose siblo for any person in this couney to e Constitutionally convicted or punished for any eriip by a l:'q!fil.a(\o Pro- ceeding of unr Sort, Navert[wif: gin 15 a bill of attain. der against nine millions of pe: afonce. 1L iy based upon an avms«t&onw vaguo as Lo be acarcely inteliigible, and found to be true upon noetedible evideiice. Nuiom of (he nine mililons was Lieard in his own dofense. The represéntatives of the doomed partles were excluded from all participation in the trial.” The conviction igto be followed by the most ignowisiouspunishment everin-* flicted upon lal ‘E.mnw of wen, It disfiauchises Lhom t'z- hundreds of thousands, and degrades then all, evem ose who are admitted to be guiltiess, (rom the rank of freemen to the condition of slaves. The purpose and ohject of the bil), the general intont which pervades from boglnning to end, i3 to chunge the entire structurs aud characer of the State Governments, and tovompel them by foree to the adoption of organie laws and regulations which they are unwilling to uz it left o themselves, The have not asked for mvnn‘m of voutllly ; the vast majority of them have no idea vhat it meaus. This bitl not only thrusts it inte their hands, but compels thei, as well a3 the whites, to use it inn tonlar way. If they do not form a Constis tutlon with presoribed niticles in ft, and afterward elect a Legislature which will act upon cértain measures 0 rescribed way, neither blacks nor whites ca relloved rom ltll::‘ ‘lllv'w w}lich :m, bill lJpom u . ausing here to consider i of Africanizing the Southern xm} ;‘lgl:‘} xr:dn‘;fy“;l an simply ask the atteution of Congress to that thani well-known and universally-aeknow Tule of constis tutional law whick declares that the Federal Governmeas has no jurisdiction, authority or power to regulate ects for any State. To foree :i‘.‘é right of suffrage of the hands of the whito and inhhndaouh negroes, 13 an arbitrary violation of this prinei The Dbill fmposes martial lvw at once, and 1ts operatious will begin so soon as the General and 'his troops can be put in place, The dread altoriative botween its. harsh Hulo nad coppliaugy Wik the tgiiag OF Ly IOAIUKG 13 LoL suse thlican government in