Page:United States Reports, Volume 1.djvu/214

Rh 

1787.

legiflature has changed its language, and therefore it has changed its object–It would be idle indeed, to attempt by argument to prove that a veʃʃel is a term fufficiently comprehenfive to describe a ʃhip– but furely the fequel of the fame law muft remove every doubt, when it enacts, that “ where forfeiture of the ʃhip, veffel, boat, &c. fhall have been incurred, the naval-officer and his deputies may feize the fame.” Again, it is faid, that by difpenfing with a rule in grammar, it will appear, that the neglect to enter the veffel herfelf, is the fole circumftance which expofes her to forfeiture. But if this conftruction is allowed, it follows, that every boat, as well as every fhip, muft be duly entered at the collector's office, for the fentence will then run in this way, “ every veffel or boat, which, before due entry thereoƒ, fhall unlade, &c.” a pofition that is neceffarily defeated by its own abfurdity.

The claimants purfuing this curious fyftem of defence, have not only endeavoured to perfuade us that the porter was no part of the cargo, but likewife that one hundred and thirty-two hampers (which was the grofs quantity contained in the fhip) make a mere trifle, too insignificant to produce a forfeiture. To thefe ideas how is it poffible to oppofe a ferious refutation? The understanding of mankind is not at this day to be deceived by a diftored definition of words, nor will mere affertion be allowed to overthrow the ftrong evidence of the fenfes. Confine the meaning of the term cargo, according to their fuggeftion, to fuch goods, wares, and merchandize as belong immediately to the owners, or fuch as yield them a profit upon freight, and it may happen, that the fhip shall be deeply ladened, and yet it will be faid, that the has no cargo on board–a paradox not readily to be comprehended! But whence is derived this gigantic notion of things, through the medium of which the quantity of eighteen tons is confidered as a triƒle? No, this is not an infignificant article eafily to be fecreted ; it cannot be fqueezed into a failor's tobacco-pouch, or ftowed in the private till of a paffenger's cheft. We find that it occupied a confiderable fpace in the hold of the fhip, that it filled the ftate rooms from the floor to the ceiling ; and, befides the amount of the freight and tonnage, it ought to have contributed more than eight pounds of the revenues of the ftate.

It is boldly faid, likewife, that fuch an entry has been made, as is fufficient to fatisfy the law, and to prevent a forfeiture of the fhip : The mafter of the Anna has exhibited a manifeft it is true– but is it not a partial ftatement ? and can the accuracy of the form compenfate for the fraudulent omiffion of a fubftantial item?

But the captain has fworn to the truth of the manifest– and can his perjury cure the evil, which his malverfation has introduced?–This naturally calls for fome obfervation upon the leading principle ufed on behalf of the claimants, to wit, their innocence, and total ignorance of the tranfaction, which has involved them in this profecution. It is not neceffary, and therefore it will not be attempted, to prefer the circumftances which raife a prefumption, that the Rh