Mr. EDMUNDS. It has been general, although not universal, in the enactment of penal laws to fix the maximum of punishment and not to fix the minimum, leaving it to the sound discretion of the tribunal before whom the offender may be convicted to decide how small, down to merely a nominal punishment, the penalty which the law ovisit upon the offense should be; and that, in my opinion, is the true principle as a general rule upon which nal legislation ought to proceed. Therefore, did not think it advisable, and I think my friendfrom Oregon, [Mr. WILLIAMs, who was very usefully instrumental in the drawing u of these additional sections, will agree me in thinking that it would not be wise in this instance more than in any other, for the present at least, until we shall find that the courts abuse the discretion which we leave to them, to fix any minimum to the punishment. The provisions of the sections now extend to every officer in the Treasury. Dept who can by any reasonable possibility have any connection or agency, no matter how small, in paying out money illegally to these persons, or in passing any account or voucher, or giving them a commission, or doing anything in the chain of transactions which shall result, or may result in.public money into the hands of persons who may not be entitled to receive it. Now, cases may happen, and they do unfortunately generally happen, where if anybody is to be prosecuted it is some mine r of fender. He who, if there should be any violation of this law, is most likely to be the chief offender, whether a President or a Secretary, or whoever violates it; and I do not mean by this to intimate that either of those gentlemen would wish to violate it; but whoever the chief offender in such a matter is, generally is not the person who is prosecuted; but the law seizes upon some easy victim; and it is almost always the case. Now, I think, just as we all think in general on such subjects, that there ought to be a discretion in }. court before whom the offender shall be tried and convicted to take into consideration the extenuating circumstances of his offense, the humbleness of his position, the temptation to which he was exposed, and all those circumstances which in the wise administration of criminal justice enter into and compose a part of the consideration which imposes the penalty, and to leave it thus to the judge to say down to the nominal point how much the penalty should be. That is my opinion.