The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, 1855-12-13


be deemed 10 be nuisance, and shall be for
teited and disposed OF as the act diree:s. The
subsequent part of the act provides, that the
liquor declared 10 be nuisance shall be des-
atreyed. This lays the foundation for search,
seizure, conhscstien, and destruction, which
are provided for in sections ID, s. II. and 10.
This is for the avowed purpose of abating the
nuisance declared in the 18th section. and Of
giving more complete effect TO the prohibition
against manufacturing ard selling. The right
of the government 10 enforce search seizure,
and conhscalon, in Just such cases as this,
has been universally conceded in this country,
and in Great Britain; and we submit this
proposition for the considerationof the court.
1Aak az All esvitzed coa7,hies arAere Tie STATE
has inteE dietsd commerce ia any otttele Ga &c
co'slt I rs Supposed Injurious egfcts, or un-
II a tar or tarif shall hare been said .ss.eon,
il as a general rttze TO suljsf the iHt.r3c cte9
artieie TO search. seizure and eonfSeatioR tshen
Eeosr aH illegal sale OF such article as atfepa9fsa
See Francis Y. The Ocean Ins. Co, 6 Cow
lei
a the Constitution Of the United S,a IS.
relative to search, and seizure, i the same as
the Constitution of our Safe. we will first
briefly refer 10 cases arising under the United
States laws.
For a violation Of the acts of Congress
against the slayetrade, tbe vessels engaged
in the Illicit trade are liable to forfeiture. See
The Emily and the Caroline. Wheat. 38i:
IS Cond. r. 623 And it is necessary that
The vessel should be completely fitted and
ready Tor sea; but the forfeiture Is incurred
and the right Of seizure accrues soon as
the preparations have proceeded SO far as
clearly 10 manifest the intention to engage in
that trade. Id. See ref renee 10 other eases
IA Ia do
So, for violation of the on-iatercourse
act of March l, 1909, there was forfeiture
of the goods upon the commission Of the OF
fence; and such forfeiture was held even to
avoid a sale toi innocent purchasers before any
seizure was made; and all this took place
though there might have been a regular per
nit for landing the goods, and though the
duties had been paid The L. S '. 1860
Bags of Coffee, 8 Cranch 393. See refer
ence to other cases in Pet. Dig, title Forfeit
ure.'
So for violation of the Fishery laws. If
a vessel licensed for the cod fishery engaged
in the m ackere fishery, the vessel was there
fore forfeited The Nymph Ware PSI See
also. The Sloop Active Paine's c. O. r. 947
So far for violation of the Revenue Laws.
Z. S V. $50 Chests of Tea, l2 Wheat. 1885,
(6 Cond r, 593.) See, also, tile Revenue
Laws, Pet. Digest.
So, also, for piracy, under the act of March
5, 1919, the vessel is forfeited, and the in
nocence of the owner does not withdraw the
vessel from the penaty Of confseation under
iiiv is~. iife y. ). ILe Drig hitrh 1AaheI,
2 Howard 23l.
Congress by act approved Jgne 50. 1854.
made it penal for any person 10 introduce, or
attempt to Introduce, any spirituous liquor, or
wine, into the Indian Country; to sell
barter, or give away any such liquor to an
Indian, in the Indian Country. The act also
made it the duty Of the Superintendent of In
dian affairs Indian agent, sub agent, or COM
mander of a military post, to cause the boats.
stores, packages, and places of deposit, Of auv
White person or Indian upon information
tha: such person had introduced any spirita-
Gus liquor or wine) to be searched; and il any
>pirituous liquor or wine sbeu' BE- found. tie
goods, boats, packages, aud ec,tfies Of such
e.son should be seized and gered 70 the
proper officer, wl..vh shsusI IL proceeded
against by libel in fhc props. court aud for
halt 70 he United Sa.ez Aud i sfa;II Le
awful for any person in t ? service of tie Z.
States any IHGia- to dcs.rov any ardent
sl.:..-s OF wine loGad n ,te Indian Coaatry.
exec, ,..iu1 military supplies. Secs. %. L
also provided that Il aay person sheula SCI
I up or continue. within tie liHits o5 tie IN
dian Coun ", any dis ierv for manufacturing
ardent spirlCs, he should forfeit aud paw
penalty 4 c and ii was made the duly ot say
/ Superintendent, Iuiian agent, dc fwithout
iury. or triaI, or process OF law. Forthwith 10
DESTROY and break up the same: and il should
be lawful TO employ The military force Of the
Guite3 States 10 execute that duty. Sect. 81
Il was also provided that 1t should be lawfal
for the military force Of the United States. TO
+ be employed. under such regulations as the
i President might direct, 10 arrest any person
! found in the Indian Country in violation o{ the
provisions of the act, an 70 remove him from
.fe Indian Country, and deliver lin mp To
{. the civil authority of the Territory or Judicial
district. to be proceeded against IN due course
Of law. A similar law for the same purpose,
had been enacted by Congress long befor
which s.lH in force when the law OF 1884
was passsi- Under the former search and
seizure laws OF Congress, there was a seizure
Of seven kegs Of whiSkey. one keg Of sAEub,
/ and sundry wares and merchandise made BIZ
tie United Safes officers, in tie Indian Coun-
try living on the West side OF the Tippecan9e
River. within the territorial limits of Indiana
/ The case was tried in the District Court Of II
diana, by Jury, and verdict found for the
[ nited States. The lawfnlness of the seizure
OF the Hquor was not questioned II the case:
but the law enforced and the seizure was
submitted to. The case went 10 the Supreme
. Court; and the judgment was there reversed,
. and a new trial ordered, on The. ground that
the District Court had given an erroneous
instruction 10 the Jury relative TO the seizure
of-osaer property, in connection with the sci
zaEe of the liquor. The American Fur Com
panv Y. The United States, 2 Peters. 358
We refer TO the following eases arising un-
der our Ssastslaws- Counterfeit money. both
coias and bills, lottery tickets, counterfeieing
alpaEa.us, and implements Of gaminsr are