The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-29
SEIZURE OF BOOKS AND PAPERS
The case OF PLAT, Boyd Il Co.

Yesterday, in the Unltei States District Court
before Judge Blatchiord, motion was made ia
the case OF Platt. BOYD q Co., VINO are glass
chants, doing business ia this city. 1t VIII be re-
membered that several months ago the books and
papers OF This firm were seized by Custom House
officers on the allegation that the firm were i'm
porting goods rom Europe under false invoices
and that the evidence which would go to prove
this charge was contained in those books. The
motion now made on the part o. Patt, Boyd Co.
that the warrant under which their books
had been seized be vacated ana Tor q restoration
OF the books, which have been kept rom them by
government Officers Tor the past nine months to
tne great III ury and detrimeat of their business.
MI. Bliss, the District Attorney, read an a!ndavit
made by special Agent JAY ne 10 the eject that the
books were not seized lor the purposes of oppres-
sion or 10 make Plat BOYD * Co. COMPROMISE,
ID tlat he held the books sub eel only TO the
order OF the court. The offence ohargN at was the
making OF false Invoices that the invoices We're
made cat ia obedience t. the direct orders oil the
importers. 1t was alleged that the nrm had con-
spired to smuTgIe-that IN fact they had made
transactions
Mr. William Stanley, OF counsel for Defendants
said he did NOT desire to discuss the question OF
smu CLING. fhe point ne now wished 20 deal Win
was the question OF the illegal seizure OF the books
and papers OF his CT ents.
Mr.. Bliss was about to read Letters which accom-.
panied the aMdayit OF Jayne, IN waich letters tue
firm, he maintained, had directed tneir agents in
Europe TO invoice goods as samples In order to
save the duty upon them.
Mr. st1nley-i object to the letters, on the
ground that they were obtained III judicial pro-
ceedng Ia another matter.
Judge blatchlord overruled the objection.
Mr.. Bliss read extracts rom the correspondence,
| manufacturers when ordering large
amount Of plate slass of various sizes
the ten lights 55zs by 2o's' and ten lights t5% ny
2-7a over ten ieet IN order To save Us duty" Other
OF their correspondents TO make out laise invoices.
together With their replies, oDectng to such
course. One OF them writes:-'Of course you are
aware that We have to make deciar ration or oath
that no invoice different to the one We produce
here wii be furnished TO aay one. and that " is n
every sense correct Under these clrcums tances
You VIII set that we cannot c0nsclentlousiy carry
out our request
Mr. William stanley in The course OF his argu-
menJs contended that the seizure OF the books and
papers OF his clients was an act wholly nnconstltu-
tional and illegal. To allow mans house to be
searched the mere charge OF fraud was con-
trary TO the law and TO the spirit OF the law There
were thousands OF frauds Tor which there were no
and offences OF whlch 1t would be Impossible for
the law 10 take coguizance. rhls act OF Congress
(the ACT of March, 1850 allowed mans house to
be searched Tor fraud, or Tor anybody's fraud.
That was unreasonaD lie. Therefore. they said that
when searches OF TINS Kind were to be made upon
information OF sp es and lniormers, 1t should
be Tor some great crime bat not Tor any
fraud or Tor the fraud OF anybody. The search
and seizure were unreasonable because 1t was no.
where stated IN the warrant Tor wnat the seizure
was made. Was this SEIZURE ior the ini0rma-
ton OF the Collector? II 1t was, nobody would say
dence, it was illegal There was nothing palmer
or more settled IL the law than that Here were
those merchants Ia the city OF New YORK, carrying
on a respeclabie trade, 80 a arge extent deprived
OF their property their books and papers, which
were necessary TO the CONDUCT OF their business,
for the long period Of nine months. The District
Attorney came INTO Court and said that ne had
cartloaas oil those oooSs Whicl ne was wiling
to return, as they We're Of no use to The
government. lie (Mr. stanley said that
the SEIZURE Of the books was unreasonable.
because the object OF the search was not stated !;
that il was unreasonable because 1t calcu-
lated to degrade the citizen on the preence of so
slIgnt cause OF action: that 1t was unreasonable,
because Its object was TO compel a person in a
criminal case TO furnish evidence against himself.
Ii was violation OF the constitution OF tie United
States which declared, in emphatic terms, that no
person shond be compelled 10 furnish evidence
ton AS. vol l, II LAID do that Tne rule OF
common law does not compel person to testify
against himself wnere the answer woud subject the
party a forfeiture of his estate.r This prlnclple
was Established a. well in equity as IN law. SO the
same principle was well laid down IN England
"best on Evidence" says that person should not
answer anything that might lead TO "a forfeiture OF
his right or interest. Congress expressly enacted
in 1868, that no answer or pleading OF any party or
evidence OBJ aimed IN any civil proceeding from
any party shall be given in evidence against him
or against his property IN any court or
in any judicial proceeding in respect to
any crime, or FOR any forfeiture by rea
soE OF any act on the part OF tue witness.
The District Attorney admitted that this was ju-
diclal proc edng, and the Information obtained
tnereunler could never be put IN evidence by him
In any case which was now pending to obtain for
felture penalty for the differentiation oil goods
The act OF Marcn, 1863. authorizing the seizure of
books ana papers, was one OF the most extraord-
nary acts that was ever placed upon the statute
book OF the United states.
Mr.. Simons, United States Assistant District At
tOrney, replied contending that the constitution
alIty OF the law under which the books OF the de-
PENDANTS had been seized was upheld and main
tanned by several decisions OF the Supreme Court
of the United States.
some further argument having followed Judge
Blatchiofd TOOK the papers and reserved his de-
csion.
TIE possibility or O neU Issue or tncO'arerti6le
Dape'I regard lcith 0n1dzeL0ent and anriety, ana,