Murray's Lessee v. The Hoboken Land And Improvement Company

59 U.S. (18 How.) 272 (1856)

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Nature of the Case

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Facts

This is a dispute in an action of ejectment, in which both parties claim title under Samuel Swartwout, -- Murray (P), under the levy of an execution on the 10th day of April, 1839, and Hoboken (D), under a sale made by the marshal of the United States for the district of New Jersey, on the 1st day of June, 1839, -- by virtue of what is denominated a distress warrant, issued by the solicitor of the treasury under the act of Congress of May 15, 1820, entitled, 'An act providing for the better organization of the treasury department.' This all began with embezzlement and fraud by Swartwout. Swartwout was collector of the customs for the port of New York for eight years. On the 10th of November, 1838, his account was audited and was found to be short by the sum of $1,374,119.65. To recover the monies, the government issued a warrant of distress. Swartwout claims that the effect of the proceedings authorized by the act in question is to deprive the party, against whom the warrant issues, of his liberty and property, 'without due process of law'; and, therefore, is in conflict with the fifth article of the amendments of the constitution. He also claimed that the warrant and its exercise was and is judicial power of the United States which cannot be enforced by treasury officials. The Supreme Court granted certiorari.