The New York herald., 1871-12-01
MODERN -wRITS OF ASSISTANCE"
The Seizure Of The Books and Papers Of
VIM. +. Weld & Co., Of Boston,
by Revenue OiIicers.
From the Boston Jourua,. Nov % /,

Dy Revenue OMccr6s
From the Boston Journal, Nov. 2s.l
The right, II 10 be constitutional, OF seiyiHg by
force the private papers OF mercnants, under sucn
circumstances as have recently been exhibited a;
the counting room OF William +. We'd Il Co, vitaIs
affects the liberty and essential privileges Of inc
people OF tbs country. This process, asserted 10
be Lawful by act q rese%6 sse the noIo
force which III the colonies helped to bring TO pass
the American Revolution. The colonlsts Of Massa-
and yet the merchants or Boston are compelled TO
submit 10 more onensiveiy stringent writ to-day.
memorable case OF Jonn Wilkes Is in point here.
His private papers were forclbly taken by fne
magistrate from the place OF Keeping in his secre
tariy, and Wilkes recovered $500 damages for the
outrage. Why the right 10 this writ OF SEIZURE
should be a power belonging to the government IN
their revenue laws If 1t be true that 1t so is un.
explainable. Such practice 1nds no parallel In the
case ol stolen goods. ln the one instance party
Is permitted TO his goods which are there
upon placed in the hands OF the public onlcer
until the lawful owner shall be entitled to resttu
m sae IS IS IN ne bease na us f
Messrs. william F. Weld 4 Co. are among the
largest snip owners in the world. Their tralsac.
tvns and credit extend to the East Indies and else
where IN commercial marts. This house have been
the United States into new avenues. Besides dealing
largely In other merchandise they are the heaviest
snlps from sources Of supply in the Easiern Arch-
pelago other than the Island OF Banda, where the
Dutch have 50 long held the trade IN q close mo-
nopoly. In 1s6S Messrs. Weld received large i'm.
portaIions at Boston OF nutmegs, which were sod
to arrlv. the lmpor Of course, having no inter-
clfic At that time 1t was lfy cents pound, and
II has since been reduced to twenty cents. At the
a plcul being 1881 pounds OF our standard. The
nuts are packed III lime, as a security against
wormx-the lime not payiag duty. It's Of course,
these goods on arrival, and Tor TINS purpose they
he'd under Their sole and actual control. 1t IS
the allowance ior tare, and on this account thus
made up, the DUTY was paid This was not case
might be avalled of Ior excessive low vauatlo1,
tnkered invoices, &c, but a PLAN case 0I specific
duty. where the goods in bond. the weight, the
whole thing, In fact, was under the eye of Otcial
wegners, who, being taken ana accepted as comle-
tent men for very simple junction, ought by their
final passage upon these nutmegs to be able give
a clean, perpetual discharge 10 the importers. Tnls
was the result OF the matter III 1868. ana far
the Custom House officers in Boston are concerned
this result has never been disturbed.
But suit IN the matter OF an importation OF East
India sugar, IN WHICH fraudulent weight l. alleged,
ls pending IN New York against william r. Weld &
Co.. and second trial in the case was set down Tor
the 21tn OF November. Tue informer in New York
against Messrs. Weld, ol q mOletv OF q very large
sum from fines and penalties, amounting in all 10
United States District CourI, alleges fraud colusion
with weighers, &C., against this firm IN the matter
Of nutmegs in 1865, and demands their
all by due process OF the Revenue law. Os-
tenslby the writ, which is potent for this violent
wholesale seizure, calls Tor documents concerning
the nutmeg mpOraiOns OF 1865, but 1t practically,
as 1t appears, serves the turn Of the informer by
furnishing him with practically complete inspec-
ton of ali lie books and papers OF his opponent
We understand that the nutmeg case or I3j, Is a
matter OF some two or tnrec thousand pounds In a
large importation, and Tor this 1t is necessary to
ailege that several Official weigners were brlbed to
gain the value, all told Of some five or SIX thousand
dollars.
The above is substantially the case that has
called forth so much talk the past week on 'Cnange
as there may may not he any fraud in the weight
OF these goods, II is not our purpose to speak,
further than that when the Messrs. Weld were
called upon to produce the papers demanded in the
writ issue upon the allegation of the iniormer, the
house, through their counsel, Mr.. S0hler, were
ready on the spot then and there to respond the
writ by furnishing the precise accounts and papers
demanded. But this was not enough. The lniormer
Tememoered has nothing wna,ever 70 90 With N nu..
megs-pers,sts, through the Marshal, IN seizing all
the books and papers OF the tirm for examination.
This procedure being declined the Marshal and
posse proceed to break open one safe and presently
1nding the KEYS OF the others they carry of the
contents; and the same inlOrmer, with assistants,
substantially enjoys the facility OF overhaung and
Of Mcssrs. William +. Weld & co.
What we have to 90 with this matter, and what
concern the business community appears TO have
with It, Is this high handed course or proceedings
under what IS Claimed to be legal by act OF Con-
g-ess. We repeat 1t is NOT necessary TO consider
chants under the law. 1t Is the m0nstrous enormty
OF magistrates seizure and retention Tor Inspec-
OF mans own private papers. Tins is enough
although In the case before the act Is intensely
agaravated wnen done on tho bare allegation Of an
TO himself, assumes to make such allegation
for the hope OF wnat money can be made out Of It,
particular case. The positive oppression-if sucn
practices be the merchants OF this
country IS worse, Infinitely So than the letters de
acts Of despousm which long ago, In Europe and
America, were tramplcd under loot by an Indignant
la wnr- hnr Ia fnCn nfp1
engine OF power Is not solely for the use Of Official
responsible authority. but IS weapon put In the
ply With a very simple process before a United
States judge, IN order to serve his own turn. And
as IS w a1 mo ne a M
liable 10 It's oppressive working always
so 50 far as we have heard, take view Of these
procedures similar TO the one we are now express
the atrocty or this law Is that Of one o. our first
houses, whose books were taken and retained, as
we remember. Tor nearly Two years. tnelr goods
damage @.ss!!esi and a!ler al! nothing was found
it mas ns s:ss:sed. how is the government 10 pro-
tect itself against the acuteness the tricks, or II
% we o e Sa e
the custom House officers have everything In their
entire control; then ana there collector can do
1t Is the business Of the officers to
ask questions, to search, to scrulinlze,
10 nave dDie eNpeTts, uusty men VINO
understand wherewih they have to do and TO do 1t
finally. II by and by fraud Is charged let 1t be
pursued as other allegations Of fraud are pursued.
But Is better for the revenue to loss than IN
sttute acts which violate one OF the dearest tights
OF freemen. We have heard it said the past week,
IN comments on this case on Central wharf, that
there Is no sympathy among merchants, and thus.
without sufficient earnest protest and exposure OF
this character OF the law 1t has been allowed TO op-
press and TO terrlfy commercial men, doubtless
many times ext0rtn0 "back mailo from honorable
who could not AFFORD TO abide by the ter.
riblc espionage, delay and cost sure 10 come from
one Of these modern Wrlts Of Assistance.
FIRES YESTERDAY.