New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-20

place On the daytime only and there search for such
goods and any shall be FOUND 10 seize and secure the
same for trial" These provisions Of law enacted
by the same Congress which proposed the two amend
ehts to the Constitution referred and t cannot be-
suggested with any force that these provisions OF law
could have been regarded as In conflict with those
an'numents, or that the Congress winch proposed
the states which ratified those amendments could
nave regarded them as forbdding the enactment
Oh the provisions OF the act OF July 81, 1881,
| or or kindred provisions Those provisions relate
10 me high and sovereign power of Congress to collect
ues on imports, and they extend To tue authorizing OF
the seizure the suspicion OF the Collector, aud
without warrant, OF imported goods and II the Open
mere suspicion the Collector other officer OF the
customs and without warrant; and the searching Of
@ ship or vessel, on the mere suspicion by the Col
ector Naval Officer and Surveyor OF the eoneealnent
Oh goods subject TO duty, by such officers or person
specially appointed by either OF them FOR that purpose,
ana without a warrants and If the searching OF any
particular dwelling house. store. building or other place,
| III me daytime, under warrant 70 be- ssned by any
justice OI the peace, on oath or airinat0n on the app
eaIoh OF such officers, II they have cause to suspect
cOhceament therein Of goods subject 70 duty these
searches and seizures certainly we're not contemplated
| 10 DC unreasonable within the meaning Of the attn
amendment either by those who proposed or those VINO
dned 10 nor could they, 80 far AZ they were author
zeu 20 Do made without warrant have been contem'
P'e 10 nave Deen unreasonabe Ior want OF warran.
60 100 these searches and seizures could not have
Deen contemplated 10 be in conflict with the NTH amend
Of law These searches aud seizures were sum
mary and severe but they were IN the exercise OF the
power OF Congress 10 collect duties imports, and
cannot be said not 10 have been necessary and proper
rays Lessee agt Tue Hoboken Land Improvement COM
| pany ns Howard 2T2j, mere mas been no period
| since the establishment OF the English Monarchy
! When there has not been, by the law Of
| the land, summary method for the recovery OF
debts due 10 the Gro gn and probably there few
Governments which DO or can permit their claims Tor
public taxes, either the citizen or the officer
poyed for their collection or disbursement 10 become
subjects OF judicial controversy according 10 the course
OF the law OF the land :" and imperative necessity has
forced distinction between such claims ana all others,
winch has sometimes been carried out by summary
methods OF proceeding, and sometimes by systems o
lines and penalties but always In some way observed
ana yielded to-" search for and seizure OF goods,
subject 20 duty Is made AZ part or system Tor the
recovery OF duties ana Is necessary ana proper part
OF suel system such searches anu seizures AS Tue acI
Of 1883 authorizes have been held 10 10 unreason
able, be made without due process of law.
act ofJuy 81 1883. reGnacted in Sections , ~ aud
AS OF the OF August $780, and were again reenaeed
IN Sections &C. CT and 6s OF tine act OF Marc 99 Ihese
provisions OF the act OF 1893 nave never been repealed
Provisions Ike these, in force from the foundation OF
| the Government are legislative construction OF the
fourth and fifth amendments To the Constitution ana
are construction to the effect thas snch PROVISIONS 10
aid Ia the collection or revenue by duties are not repug
to such amendment These provisions were enacted
when the first occasion for estaDhshlhe manner OF
proceeding arose; tney nave cohuhusa snc
existence Of the Government, ana nave Deen re-
peatedy acted on oy tae otnea Depafunsn'S 81
entitled to no ncOnslderaDe weight on the question rs
to whether the proceedings nose enaetnes %
IN conflict with the TO- ifflRg
agt. Pennsy vana, Peters, 3d. O-l IN ana OF these
provisions OF the act OF 1872 congress oy sectoh OF
the act Of March s. 1906 te ll,le Oh wnen acI - an
prevent and punish frauds upon the revenue 10
provide for the more certain ana speedy eoeeton OF
claims favor OF the United states ana Ior otAer pur
| poses enacted a. follows; - 49,
| whenever
the satisfaction OF the District JUICE -, Ihat any
fraud the revenue has been at any me actually com
United, or attempted by any person OF persons iner
ested, or IN any way engaged IN the or entry
OF merchandise said Judge shall forthwith issue
ms warrant directed to the collector Of the port AT
which the merchandise IN respec 20 when said aegeu
frauds have been committed or attempted mas Ocen l
ported entered, directing sad oicer or MS luy a
tnorZed agents. 10 enter anN piace VI pIelse "helo
any Invoices books or papers relating 20 Such Wef-
and carry the to be inspected, and any
invoices, books, or papers 80 Ieeeiyeq OF tat s
the use of United StaGes long az the retention
thereof DC necessary subject 70 the control ana d.
rection OF the Solicitor Of the Treasury" This pro-
vision OF the OF 1868 repealed at the tmeisee-
ton OF the act Of 1857 was passed The latter was SUD
sttuted the former The latter confines the warrant
Of committed fraud, WINE Tue former exenoea
IL TO cases OF attempted fraud AZ well as committed
fraud BY the latter the warrant Is TO be issued TO the
Collector OF port BY the latter the books and pa
| Who issues the warrant, and may De re-
| tanned by him as long as, IN his opinion,
oWired 70 ow The same to be examined by the Colcc-
Tor or by any officer duly authorized by the Collector
Collector so long as retention thereof might be nee
essary subject the control and direction OF the Soe-
After further explaining difference between
Tne PROVISIONS OF the act OF 1867 intended to
guard the proceeding by requiring that the Marshal II
takes possession OF any DOoA or papers under the
warrant shall produce them before the Judge and by
directing that The warrant snail so require the Marshal
be subject 20 the OF the Judge and 10y directing
VINO shall allowed by the judge 70 examine the books
and papers ana by cOntding 20 the judge the deter
| minaton or the question as 10 how long II shall be
necessary TO retain BOOKS and papers an1 ny requiring
complainant 70 set forth the vne ana character OF
the fraud alleged. and the lup0ralons 10 respect 20
which IL was committed, and the papers TO be seized
and by requiring the warrant WIN Itport ~ seHuIc dl
proceeding thereon 10 oe returned ~ the DISTRICT Court
The decision after dwelling at some length upon the
fact hat under the referred TO- the OOOSs ana pa
pers after seizure cannot be examined except ny per
| mission OF the Judge continues;
The basis of the proceedings authorized By the act OF
1867 is the commission OF fraud on tne revenue 1y
interested or engaged IN importing or entering
merchandise at port III the United states MS means
The from imported mercnandlse is duties The
proceeding therefore, concerns the enforcement OF tue
laws for tine collection OF revenue TOm uut'cs' auu 10 III
a T ecaoD tSen sneos OF the seizure Of goods and
| merchandise without warrant, ana says
II imported goods may be searched oE auu seize, De
alleged to have been imported or entered IN iraud
OF the revenue difficult 10 see why DOCKS anu papers
which relate to the goods IN respect 10 Whon sucA IIuu
Is alleged have been committed may not DE searched
for and seized and examined OF course, what Is 10 be
ST. ,Ia,e 70 tne 0oods mn will show the fraud The
fourth amendment to the Constitution directed against
search OF and seizure for "eHecls AZ iuIl rs IL ~
| against search for and seizure VI papers,
| Under the NTH amendment, merchandise Is as
| fully properly" books ana papers are, and
books and papers are no p more ab nIg an
pertaining to and evidencln9 frauds on the revenue
In respeet 10 imported goods cannot be said to De
reasona6v searched for aud seized, in the abstract
search seizure OF the goods themselves De NOT
ma The ABSTRACT unreasO and seizure of goods
mnorted in fraud OF the revenue not, IN the alb
stract deprive person OF tue property without due
process OF law OF books ana papers appertdn
ing 10 ana evdenc fraud cannot be said III the
abstract TO deprive person. without due process OF
! law OF mis- property IN the books and papers A
search and seizure may be unre asOna0y con
| dueted in execution, under the statute, and thus
the right OF security sought 70 be protected by tue
fourth amendment may be violated; ana, under what
Is due process law, authorized by the statute,
persOn NAV be deprived OF his property, when the
statute did not contemplate or authorize such de-
! priyatlou and thus the fifth mendment may DE
Violated But these things are not the lanlt Oh the
statute as IL stands. They grow out OF the Iaot that The
statute administered IN the particular case IN man
uer not authorized by IT, They are yoatlve ahke the
statute and the Constitution. Dut they nave no effect TO