New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-03-04

Without FIH0TInW 1890. d,
he dsTib1ted among selling officers for forfeiture: ~
f b ccn Inc intent of Congress, because IT. against
the whole spirit OF the revenue Is.cn u It a. o, Tae
n IA clear the fifth section OF the ACT cannot DC maue "a
apply TO eases where the amount entics on TSon
dnis and n may deserve confederation WncIler, p""
ibis poin inc fifth section does not need amelemGht'
But 10 eiup 70 rod lie knows that his credit IS in
I'TeJ when il is whispered IN Wat that.h - III ~
,,tb Inc custom House lie knows, too, that tne
cutty .it @ ioglio Gets abroaS, his foreign credit
ia imnarcd II net destroyed lie knows, 100 tnt WI
rs tbs nose son OF his soro he cannot SELF ms GOODS
ou o odt lis naner lie knows too without his boGks
ana noners he cannot arrange hIs balances or make MS
COLLECTIONS Sea al With him sIai give part TO save
snmefbng or stand ana contend uot VIII 'Ig - IN tba
tn law not with the mlnOns OF 0ce put VIII 1e
Of the Government itself" Is any wonder
then that though conscious OF no wrong Dud ~ p n
recttnde OF intention when brought Into tue uisseCg
oo of the seizure bureau ceases opposition atows
the flesh pounds, blood and ali to pc aRe ana of the
laws and Justice Of his country. A., o,oro,ions NJ
this seizure bureau have been iarge ture reead tho
il wouldseem 30 enable the participants 10 uesiu H0
ov N EUditor of the CusomHouse on request,
fuInis6Gd figures that give idea OF the extent oi
' Mr. Dennson, Naval Officer little over four years
exclusive Of large annual salary, recei6SI infer
penalties; &C. aad trials. S Contingent upon their adj
ustmen and determination amounting 70 over tsS IN
December $685. has already from tho same source
sIO 20G Ia lie too has very large hteIoe ~ Sc1mra
ternined Lure cases Mr. Hanscom head OF me seu9
Bureau In addition to his salary as Depuy - ecu nerf
allowed toll for his individual DeheII W Ton teSes
of the gross diysNe amount before any u'St'H WIND
"a MIGHT mariana he asked II such fair expectancy aids
In the right consideration and conclusion OF o ceSos
upon which he is officially and and Naval
The Collector receives, with the surveyor anu ~ NJ
Ofcer an equal drbuye share OF the proceeds OF INC
% nectjve amounts received Ivy Gen. Dix as Naval
Officer by Mr. smythe Collector to jan 1871 appear
The ate Treasury regulation Of Jan 23 1887 ard sen
atOr Cresswells bin requiring payment Oh duties az a
equivalent before seized goods are iclgdse; u
any consideration disposition or inc uyl'lple intScst
takes place IL carried ont viii very properly mueh rcuuoo
' 5e m0d oSerpd under the act Of simple and
summary and severe Somebody procured 10 give oo
information required has n i%S
make affidavit of suspicion ina" some holvn, ms III,
ported without payment OF the duties legally
thereon aud that Invoices books and papers reanB W
such merchandise and brand arc deposited IN aI u
the place and premises, &c. Thereupon DstlGI Juno
issues aIwarran armed with which the stoe IS d"ar
nosaesson Of, books papers letters &C. are scIeu anu
carrod.o the Custom House, with nope ana III
dence TO establish the fraud what OF papers arc or may
be and have been taken arnear IN me ,essi1y % ana
wife &c were regarded within the limits OF the warrant
and in the hands OF the officer executing 'e pio
IL Is thus apparent that proceedings Of very grave
characteT involving Inc sances Of the household, and
Tho infn9enent of the most sacred human rights are by
this act supposed be placed In the hands OF Government
officials Is not such procedure virtual d @
or overlapping OF constitutional barriers To eiei ana c
ment which cost tho thought and the tIa ana INC Doou
Is il not the needless subsection Of clens TO indig
mites and expressions such ~ nave nor oen acii
land wherebe English language IS OF mas Dceh inc Ort
Khas been forcby said that II there he legal prin
ciM the roots Of which morrdcepy Undecided than
another in English American jurisprudence, ~ u that
shall bo compelled by ndircciion TO iuihsh lha
| proof against himself
Federal Courts shall have power on certain c0ndoS 10
require parties toproduce books OF writings m hc pos
session or power which contain evidence pertinent 20 the
issue in and under circumstances where they might
compelled produce the by the ordinary rules
Iof M n
States agt Twenty eght packages lGHpins Reports 900
10 held that suit In rem % enforce revenue forfeit
IRE is not within that act and books and papers cannot
be forced ont OF the implicated party even on tih IL
Is believed that no Court OF competent Jurisdiction has
held in tins country that il was within the power OF the
Government the trial OF isue Of forfeiture under
the revenue law TO compel party TO bring into Court
cyd1cc, books and papers 10 procure his own con-
demnatiOn." Nay more, 10 is familiar doctrine, that
trial tho prosecuting officer FOR the unsed states not
permitted by the Court 10 ransark and search them az
will but required 10 call Tor particular paper or let
tor or accounts sensitive Is Tho low In respect TO lhe
secrets 0fbusness and trade Wen ana properly h1n "
been asked what " snS ts s .e si s ,Ias
condemnation. betray himself by being compelled to
which II made public, would produce the same result
Has any Congress more con'ii lutoh PoWt S rasach
ing private drawers and IofCn{ banker SAFE 70 secure
admissions from citizen which condemn his property
than has obtain evidence by eEtortng confessions
from an individual by the rack and thumD-SinW
Time will not permit such cluciiJtion and elaboration
Of thsrrnGPe a. It's 81, pojan'e e, d , 1i b n
the Custom House practice under 10 T. in opposition 70
NT.
American law ana oil tho spirit aud the words OF our own
Constitution.
low On an affidavit OF suspicion that somebody has
made Judge issues warrant directing officer and
| invoices books &C. &c, are dcposlied" From malice
mischief the usually irresponsible nffan may dcpOae
! such number and street 10 DO that any place on
PREMISE and that number happens 90 be private dwell
| ling They onter the law allows it, and thus what tho
Sovereign OF England unbdden dare not 10 do To tho
& ss tg from fo ,E of The nryeg OF Inc Port
do aud md
unpunshed the Threshold Of IN American citizen.
IA spelshng hegT. aosy me mrs. statute OF Nllham
house TO bc entered into andSeached nc pleasure by pcrs
unknown to him. was not only great oppression
to the poorer sort but badge Of slavery upon The boe
But 80 careful and 80 determined were fathers
guard against any possible msapprecnson "a TO indl.
of tho fst series OF amendments 10 the COnstituon
declares the right OF the people 20 be secure IN their
Searches ana sci1ufcs shall not be violated"
In the hasy preparation % w. report h9 Committee
be held unreasonable but they very coar that 10
Of books ieeTs papers. &C. without other judicial in.
curry and determination than is implied in the formal
raRt"and that Is ali tho examination and dcberaton
most cases recciyeonght obe deemed unreasonable and
unjustlfable and unlawful IN any civilized country pos
sessng the sembancc of aConstuton. Andit must not
be forgotten that specially provided In tho last clause
OF the seventh section that these Invoices books papers
&C. sha be retained long retention thereof may DO
necessary subject 70 the coutro ana direction OF the soil
CtOr OF the Treasury"
But the Committee have said enough. and much more
VIII DC IOunu IN tHt ltSUuiOny 6hIflY proceedings
against the spirit of Institutions and In direct con-
fiict with tho spirit aud words OF our COnstuton-and
the Committee cannot believe when Understood prOyis-
ion such az the seventh section OF tho Act 1868 Is
claimed to embody will DO allowed TO roman without o.
sental modification
THE GOYERNMEST DETECTIVE SYSTEM ABROAD.
Immediately following upon the passage OF the Act
1863, Willard b. Farwcll and Montgomery Gibbs were
formally designated by the Treasury Department 70 oh
tain IN Europe evidence OF alleged auds IN tho under
valuation contained IN Invoices Of merchandise destined
for the United States
The Committee called before them the Solicitor Of tho
Treasury whose bureau has had the especial working and