Page:United States Reports, Volume 1.djvu/209

198 

1787.

hold, and ftowed away in the ftate-rooms, filling from the floor to the cieling, fo that any perfon who was in the leaft attentive, moft have obferved them upon entering the cabin ; and it appeared, that the owners and their agent had been feveral times on board before the feizure, and the removal of the hampers from that fituation. The cuftomary privilege of a captain in the Briʃtol trade was defcribed to be limited to one ton, and the grofs number of the hampers of porter difcovered by the informants, was computed to amount to a little more than eighteen tons. The mate, who, the claimants alledged was the delinquent on this occafion, had been retained in their fervice, on board the fhip, for two or three weeks after the feizure ; but he had lately abfconded, under the apprehenfion of a profection for the penalty of Ł.500.

For the claimants, it was given in evidence by a paffenger, that he was told by the mate of the Anna (who it feems was a man or fome property) that he had clandeftinely fhipped a quantity of porter, which he intended to difpofe of here, without paying the freight to the owners, or the duties to the ftate, and which he had an opportunity of doing, even without the captain 's knowledge, as it was the cuftom for mates to fuperintend the loading and unloading of the veffel. The witnefs had likewife during the paffage, purchafed about a dozen of porter from the mate, who then folicitoufly requefted that the circumftance might not be communicated to the captain ; and who (as feveral witneffes proved) after his arrival at Philadelphia,  had treated with feveral perfons for the fale of porter, repeatedly informing them that it was his private adventure, and that the owners of the veffel had not a bottle on board. When the hampers were removed at fea, from the hold into the cabin, the captain, who had long been indifpofed, was then particulary fick, owing to his exertions during a ftorm that had happened the preceding night ; and the father of one of the owners who had taken charge of the veffel upon her arrival, affirmed that he did not, while in the cabin, obferve the hampers that were ftowed away in the ftate-rooms ; that he had been very cautions in directing the manifeft to be made out according to the invoices and bills of lading, and that he had perfonally enjoined all the officers of the fhip, not to land a fingle article without a regular permit from the collector. It was in proof, likewife, that a hamper of porter which the failors were boiling out of the hold, was haftily let down again upon the appearance of one of the owners.

The evidence on both fides being ftated, the counfel for the claimants argued, that the prefent queftion was of the greateft importance to the commercial interefts of the country, as it was now to be determined, whether an innocent owner of a fhip, was refponfible for all the unwarrantable actions of her officers and crew ? A rigid conftruction of the law, upon which this profecution is grounded, cannot fail indeed, to counteract the object of the legiflature in framing it : as the attempt to fecure our revenues by  fcriminately