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paid accordingly, and the same be delivered to the importer, agent, or consignee : Provided, That such forfeiture may be remitted by the Secretary of the Treasury', on the production of evidence satisfactory to him that no fraud was intended : Provided, further, That if, on the opening of any package or packages of goods, a deficiency of any article shall be found, on examination by the appraisers, the same shall be certified to the collector on the invoice, and an allowance therefor made in estimating the duties.

Sec. 17. And be it further enacted, That whenever any goods, wares, or merchandise, imported into the United States from any foreign port, shall be regularly entered, appraised, and passed, according to the provisions of existing laws, and the duties demanded ihereon shall have been fully paid, and the permit of the collector granted to the owner, importer, agent, or consignee, to remove said goods from the custody of the officers of the customs, such goods, wares, or merchandise, so delivered to the owner, importer, agent, or consignee, shall forever thereafter be exemp! from seizure, trial, or condemnation, except where satisfactory proof of bribery or collusion, on the part of the importer, owner, agent, or consignee, with any custom-house officer or officers charged with the entry or appraisement of the same, shall be adduced ; in which cases the foregoing provisions of this section shall be inoperative, and the goods, wares, or merchandise, shall continue subject to seizure.

Sec. 18. And be it further enacted, That it shall be the duty of the Secretary of the Treasury, from time to time, to establish such rules and regulations, not inconsistent with the laws of the United States, to secure a just, faithful, and impartial appraisal of all goods, wares, and merchandise, as aforesaid, imported into the United States, and, just and proper entries of such actual market value or wholesale price thereof, and of the square yards, parcels, or other quantities, as the case may require, and of such actual market value or wholesale price of every of them.

Sec. 19. And be it further enacted, That it shall be the duty of all collectors and other officers of the custoins to execute and carry inio effect all instructions of the Secretary of the Treasury relative to the execution of the revenue laws; and in case any difficulty shall arise as to the true construction or meaning of any part of such revenue laws, the decision of the Secretary of the Treasury shall be conclusive and binding upon all such collectors and other officers of the customs.

Sec. 20. And be it further enacted, That where goods, wares, and merchandise, shall be entered at ports where there are no appraisers, the mode hereinbefore prescribed of ascertaining the foreign value thereof shall be carefully observed by the revenue officers to whom is committed the estimating and collection of duties.

Sec. 21. And be it further enacted, That the existing laws shall extend to, and be in force for, the collection of the duties imposed by this act on goods, wares, and merchandise, imported into the United States; and for ihe recovery, collection, distribution, and remission of all fines, penalties

, and forfeitures; and for the allowance of the drawbacks by this act author. ized, as fully and effectually as if every regulation, restriction, penalty, forfeiture, provision, clause, matter, and thing in the existing laws contained had been inserted in and re-enacted by this act. And that all acts and parts of acts which are contrary to this act, shall be and the same are hereby repealed.

2d Session.





On the subject of Postage.

· May 9, 1842.
Referred to the Committee on the Post Office and Post Roads.


Executive Department, Albany, May 6, 1842. Sir: I have the honor to transmit to you a series of resolutions, passed by the Legislature of this State, concerning the regulations of the Post Office Department in the Government of the United States. With very high respect, your obedient servant,

WILLIAM H. SEWARD. The honorable John G. FLOYD, • Member in Congress, Washington.


In Assembly, April 8, 1842. Resolved, As the sense of this Legislature, that the franking privilege tolerated by the post office law of the United States is a monopoly unsuited to the spirit of the age, subject to enormous abuses, and an unreasonable burden to the few letter correspondents that bear the principal expense of the establishment, and ought to be abolished.

Resolved, That, for the purpose of diminishing the burdens of corres. pondence, increasing the revenues of the post office establishment, and restoring the community, rich and poor, to an equal participation in its benefits, letter postage ought to be greatly reduced, and the disparity between the charge of letters, and other matter carried in the mail, cor. rected.

Resolved, (if the honorable Senate concur herein,) That our Representatives and Senators in Congress, be respectfully requested to use their best endeavors to procure a reform in the post office laws based on the above views

Resolved, That the Executive of this State be respectfully requested to transmit copies of the foregoing resolutions and reprort to the Senators and Representatives of this State, in Congress, and also to the Executives of our sister States, with a view to their being laid before their respective legislative bodies. By order :

J. O. COLE, Clerk.


In Senate, April 9, 1842. · Resolved, t'hat the Senate do concur in the said resolutions. By order:

I. R. ELWOOD, Clerk.

2d Session.







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9 001209 OTTON 19 I To the House of Representatives of the United States : les A To

I have this day received, and now transmit to the House of Representatives, the accompanying communication from Benjamin F. Butler, having relation to the reports of the commissioners appointed by me to examine into the affairs connected with the New York custom-house. As the whole subject is in possession of the House, I deem it also proper to communicate Mr. Butler's letter.

FUPI Deicest ETS A JOHN TYLER. Washington, May 2, 1842. aroitus 1 to S

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New YORK, April 13, 1842. SIR : Having understood that the commissioners appointed to investigate the business of the custom-house of the city of New York are about to make their report, and having reason to believe that my conduct, whilst attorney of the United States for the southern district of New York, may be drawn in question therein, I beg leave, respectfully, to ask that I may be furnished with a copy of so niuch of the report as shall relate to my official conduct, and that opportunity be given me to make answer thereto.

The propriety of this request is so obvious, and my conviction of your readiness to accede to it so strong, that I should not trouble you with any observations in support of it, were I not apprehensive that, without some explanation of the facts hereinafter mentioned, they might be so placed before you as to induce the belief that the justice I now ask has been tendered by the commissioners, and voluntarily declined by me.

The commissioners commenced their sittings in this place on the 15th of May last. Shortly afterwards I was informed by Ogden Hoffman, Esq., my successor in office, that he had been applied to by them for information

as to certain official acts of mine, the particulars of which appeared in the letter book left with liim by me; and that copies or extracts from this book were called for by the commissioners, but that he had thought it proper to obtain my consent before complying with such call. In reply, I reminded him that I had placed in his hands all the letter books, registers, correspondence, and other documents relating to my official acts, on the express ground that they were so far public property as to make it my duty to leave them with my successor; and I stated to him, that whilst i recognised the courtesy of his request, I was surprised he should have thought it needful to make it; that he had my full consent to submit to the inspection of the commissioners all the records and papers left by me; and that I would cheerfully furnish, whenever requested, to the commissioners, or to him, or to any other officer of the Government, any information in my power, in respect to any matter with which I had been officially connected. Having thus proniptly complied with the first call of the commissioners

, and having signified to the officer through whom it came my readiness to meet any further call, I had a right to suppose, that if any explanations were needed, as to any official acts of mine, the subjects on which such explanations were required would from time to time be stated to me by the commissioners; and above all, that if they conceived themselves authorized to originate or to receive against me charges of official misconduct, and to examine witnesses in support of such charges, they would give me notice thereof, and opportunity to be present at the examination of the witnesses.

I heard nothing from the commissioners until late in the evening of the 14th of August, when I received, in the interior of the State, a letter from my clerk, informing me, that on the 12th of August a paper was left at my office, by the deputy marshal employed by the commissioners, in the following words:

“ NEW Custom-House, New YORK,

August 11, 1841. “The commissioners in session: It was ordered that Benjamin F. Butler, Esq., late district attorney, be summoned to appear before the commissioners, on to-morrow, at 12 o'clock, the 12th day of August, to give testimony relative to the manner of conducting the business of the customhouse. That such testimony, already taken, as relates to his official conduct while district attorney, be submitted to his inspection, and that he be permitted to take such memoranda therefrom as he may judge necessary to enable him to offer any testimony important to a correct understanding of his official acts, touching the collection of the revenue; and that a copy of this order be sent to Mr. Butler with the subpæna requiring his attendance. “ Attest :


Secretary to the Commission." I was also informed that a subpæna or summons had been left at the same time, requiring my appearance at the time and place mentioned in the order; and that the deputy marshal had been told, as was the fact, that I had a few days previously left the city, with the intention, among other things, of attending the court for the correction of errors, which was to meet at Buffalo on the 14th of August. This was the first netice I received that the commissioners had been engaged in taking testimony in relation to my official acts, or that they desired from me explanations as to any of

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