A Discussion of the Constitutionality of the Act of Congress of March 2, 1867: Authorizing the Seizure of Books and Papers for Alleged Frauds Upon the Revenue, Together with a Brief Statement of Certain Objections to the Practical Working of the Law

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Press of the Chamber of commerce, 1874 - 56 pages

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Page 13 - The conventions of a number of the States having, at the time of their adopting the constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added...
Page 14 - We must examine the constitution itself to see whether this process be in conflict with any of its provisions. If not found to be so, we must look to those settled usages and modes of proceeding existing in the common and statute law of England, before the emigration of our ancestors, and which are shown not to have been unsuited to their civil and political condition, by having been acted on by them after the settlement of this country.
Page 14 - It is manifest that it was not left to the legislative power to enact any process which might be devised. The article is a restraint on the legislative as well as on the executive and judicial powers of the government, and cannot be so construed as to leave congress free to make any process "due process of law,
Page 33 - It is very certain that the law obligeth no man to accuse himself ; because the necessary means of compelling self-accusation, falling upon the innocent as well as the guilty, would be both cruel and unjust ; and it would seem, that' search for evidence is disallowed upon the same principle. Then, too, the innocent would be confounded with the guilty.
Page 19 - States shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery...
Page 15 - Many links frequently compose that chain of testimony, which is necessary to convict any individual of a crime. It appears to the court to be the true sense of the rule, that no witness is compellable to furnish any one of them against himself.
Page 21 - No pleading of a party, nor any discovery or evidence obtained from a party or witness by means of a Judicial proceeding in this or any foreign country, shall be given In evidence, or in any manner used against him or his property or estate, in any court of the United States, In any criminal proceeding, or for the enforcement of any penalty or forfeiture...
Page 16 - A competent witness shall not be excused from answering a relevant question, on the ground only that, the answer may tend to establish the fact that he owes a debt, or is otherwise subject to a civil suit. But this provision does not require a witness to give an answer which will tend to accuse himself of a crime or misdemeanor, or to expose him to a penalty or forfeiture ; nor does it vary any other rule respecting the examination of a witness.
Page 24 - is called his castle. Why ? Because it is surrounded by a moat, or defended by a wall ? No. It may be a straw-built hut; the wind may whistle around it, the rain may enter it, but the king cannot.
Page 4 - ... or deputy, to enter any place or premises where any invoices, books, or papers are deposited relating to the merchandise in respect to which such fraud is alleged to have been committed, and to take possession of such books or papers and produce them before the said judge ; and any invoices, books, or papers so seized shall be subject to the order of said judge, who shall allow the examination of the same by the collector of customs of the port into which the alleged fraudulent importation shall...

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