New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-03-05
NO H1LEWAY MEdSURES.

There seems to be an impression among
Members Of Congress, who are but imperfcctly
acquainted with tho Custom-house business in
Now York. that it will be possible to satisfy
the merchants and at the same time protect
the pecuniary interests of infOrmers, special
agents, and other persons of political influence
by amending the seizure law in such way
"a to furnish honest importers with additional
safeguards, without altogether abolishing the
inouisitorial powers of the officers of the rev.
enue. Many of the members will favor some
such halfway reform through mistaken
idea that the process agains. books and papers
ia absolutely necessary to enable the Govern
ment to collect it's dues. Others will be in
fiuenced by the formidable Ring which shares
in the mOieties. Others, again, are well aware
that the present system is great political en-
CINE of which the ruling party makes indus
trious use. We must warn the merchants that,
clear as their case appears, they have strong
combination of interests. prejudices, and honest
errors to overcome, and that the chances of
an effectual reform are by no means brilliant
The seizure of books and papers was first
authorized in 1853, and yet 1t is said TO have
been occasionally practiced even before the
enactment of the statute of that year,-not
openly, of course. but by stealth and false
pretenses. An officer would obtain warrant,
for example, under the law of 1899. to search
for smugglcd goods and use it as cover in
the examination of a merchants books. This
however, he did at his peril. The act of 1868
gave authority to the Collector or his agents
to seize papers on the warrant of any District
Judge, and to retain them 'as long as might
.aI
themselves almost Immediately. and Commit
tees of the House of Representatives once or
twice examined and reported upon them. In
1867, accordingly, the law was amended, so
that the warrant should be issued to The
Marshal of the district, and that the books
and papers. instead of passing under the con-
troll of the Collector, should remain in the
custody of the court. 1t was also enacted
that the complainant must specify the char
acter and nature of the alleged fraud, the i'm
portations in respect to which 1t was commit
ted. and the papers to be seized. 1t is hardly
necessary to remind our readers that these we'll
intended amendments proved utterly futile.
Every safeguard devised for the benefit of the
honest merchant has been evaded. 1t is still
the Custom house agent and not the officer
of the District Court who enfOrces the process,
and carries off the books and examines them
at his leisure in his own way. The papers are
still retained, as long as the agent deems
necessary, either to complete his inquiries or
TO force compromise. The warrant is still
issued on the vague complaint of an informer
who swears upon information and beilef, ana
it no more particularly describes the papers
to be seized than it did before. The
special agent still carries of personal papers
and correspondence between man and wife,
and rifles private drawers in search OF
domestic secrets which he may turn to pecu-
MARY profit. Every wrong, and infamy. and
extortion which grew up under the law OF
| 1888 has blOomed into full maturity, and
ripened. and gone to rot under the law OF
| 1867.
| No amendment can cure the evils OF such q
law. because it is wrong in principle. The
| abuses which have como out OF 1T are less
| serious than the Fundamental abuse Of tho law