This section contains the nature of the case and procedural background.

Customs officials seized 35 cases of glass imported by Boyd (D) and instituted a forfeiture proceeding. Using an 1874 statute, the Government (P) obtained a court order forcing D to produce invoices for these cases. D had the right to refuse, but his refusal would result in P's allegation being accepted as if D confessed to the act. D produced the invoices but objected to both the validity of the court's action under the statute and the introduction of these invoices into evidence. The court found for P and granted a forfeiture against the 35 cases.

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