The New York herald., 1871-02-21
Gu S TO M S
Action to Recover Custom House Ddties-s
! ~ ..f.er ..s-~
A judicial Rebuke-Important Dc.
cision by Jndge Blatchsord.

The Unfted States rs. Setgrn,tn6 UNnaan.--Ths
case has been already In part reported In ina
HERALD. The government seek 70 recover, In thd
United States Circuit Court from Sir. Gilman, ems
gagged In business In this city, about $780, principal
and interest. for customs datics III the month Of
March, 1s9o the defendant Imported by the Deutca,
land, from Germany, quantity Of material known
as "Dutch metal,o worth something over tl,00o.
The duty this at ten per cent valorem came to
sloe which the defendant paid. But supsc-,
quenuy the government officials discovered
that, Just before the importation In, ques.'
ton. on act or Congress nai been passed
declaring that the al vaiorem duty ON Dutch
metal had been advanced 10 forty 1--we per cent, and
they now seek TO compel the Defendants to pay this
increase. giving him credit for The amount he had
paid In the first instance Tho only question the
jury had TO determine was whether Tie imported
article known as Dutch metal, which ID an alloy,
came within the meaning OF the OF Congress. =,
Yesterday OF the SITTING OF the court Judge Blatch
ford proceeded TO deliver has charge to the Jury.
SEVERE REBuKE 10 TIE DISTRICT ArTORNEY-s
THE CorhT THE SOLE JUDjE OF Tue LAW.
The learned Judge, as VIII he seen below, ad-
minlstered severe rebuke 10 tie Dis.ict Attorney
lie spoke with great carnestaess and animation.
lie said:-Now, gentlemen, II is necessary that
shall explain TO you, and you must accept asd take
It from the Court as matter of law. tho legal cons
struct,on OF the act Of Congress under which this
sum OF money Is claimed to bc recovered by the
government IL lS your duty under your oath. not
merely 10 give verdict according TO the evidence,
but give verdict uccoruing TO The evidence under
the law as explained To you by the Cour5. IL III nus
for you to cOns.rue tie law yourselves. / speak
upon inns SUBJECT, because g stsonS appeal was
naqs 70 you ~ summing up Nv ~'.-.s.- -,
-..-S. THE DISTRICT ATTORNEY,
as 10 what construction You, gentlemen Of the jury.
SHOULD put upon this law IL is not your business u
put any construction whatever upon tne law. II rs
the business oil the Court W 10 thil AID II would
be as night and proper. "a consonan, with the ad-
mnislragion OF justice, for the counsc Tor the de-
feDdant 10 appeal 10 To Construe tue law III one
way because you are In favor vi low tariI as Tor
construs the law in another way as auvocates ol =
higA tariif. Inat mas nothing to 30 win the sub,
ject Those considerations a,e considerations thai
arose in Congress In tue enactment OK the law
They have notnilg to do In court Of justice, much
less nave they 10 do with the functions oI the Jury.
And. gentlemen, this principle wlicn speak Of
strongly in this case, because VI the character cl
the a.idres made to you by the counsel Tor gov.
ernnlent appealing TO yOu To consrruo this law. I
speak strongly ior THIS reason, that IS tne result of
1HE CONCENTRATED WISDOM or COURTS or JusTICR
aud judges or ages under tue AnS 0Saxon ~ stem,
that the law must ee .aSe4 lroM the Court And
why, genueinens Because, unless Tou do that you
90 yreveu3 wrong 70 one side or TO the other t4
the controversy AS In this case II the Coar Should
lay down the law ~ you III one way aud you snuuid
c0nstrue the law in another way, and your verdict
Should be against the Defendant, he would he utterly
without remedy, because the Court would have con.
strued the law in manner, perhaps, unobectcnt
construed 1t in lent sense. Tue defendant eau
have no remedy against tue construing Of the law
by the jury, but he can have remedy against ma
erroneous construction OF Tue law by me Court,
And, therefore, 1t ls that II has been settled undef
the jurisprudence OF the earliest y des, ..r-.,g =
UNDER THE ANGiu-5AAoN SYSTEM,
that the jury must take the Construction o the law
In civil cases always In al. and In criminal
cases Also IN the courts OF the United States from
the Courf. So, gentlemen it your hign and
solemn DUTY under your oatbs TO try this upon
the evidence under the law It Shall be eos
pounded to yOu by the Court. If The Court eyrOunds
the law wronglully. then the party who cons,dera
himself agyrleved by sucD construction has clear
remedy, but of this remedy one or the other parry
must bo deprived II the jury 90 not take the Jaw ~
other way.
TUE APPRArsEMEHT OF TIE GOODS.
In reference to TIE manner III which the goods
were appraised the Judge made the following re!
markS:-There was IN the trst place, Mr. Spi.zer.
governments Witness, vino had something To d1
with this case III the Custom House MIR. Spitzer
never saw this article. The ge egtienan VINO saw tud
article ana examined II aud made the legal ap-
called aS a Witness MIR. Splitter the gentleman
who went through this very remarkable species VI
appralfcment, utterly unknown " the law Of the
United states, OF
ArpRAIsISG AN ARTICLE WITHOUT SEEING IT, \
on Which these other gentlemen si..ned their name5
to series oil papers
UTTERLY WITHOUT TIE LAW,
and having nothing to do with the case. Mr..
his report and went through ari the performance
without seeing 1t Oil. lie had Seen Dutch metal,
what 1t was generally, but he had not seen tniJ
arlcle In particular imported IN this case. Tnd
question was never submitted TO hin until tue lstu
OF June, 1t having been examined by MIR. Sack
renter on the 10th Of APRIL the TIME Mr.. Bansch
signed the report
llle jury then RETIRED and alter somo del,beration
found verdict for tue defendant hing the
TACT that the "Dutch metai Qd come within tnd
meaning 9f the act OF Congress. ~ -