Page:United States Reports, Volume 1.djvu/216

Rh 

1787.

extent of their fortunes, were likewife amenable for the onduct of the mariners they employed, ‘till an act of parliament interfered, and limited their refponfibility to the value of the fhip and cargo. In Pennʃylvania a late determination has recognifed the doctrine for which we contend ; and capt. Angus  and the owners of the veffel which he commanded, have in vain pleaded their innocence and ignorance of the malpractice of others to excufe them from the refulting damages. Such after all, is the law–and it can be no ground for counteracting the evident intentions of the legiflature, that the claimants have been deceived by the perfons to whom they have, perhaps, too implicitly confided their interefts.

The delivered the following charge to the jury:–

SHIPPEN, Preʃident.–This is an information exhibited againft the fhip Anna, as being a veffel from which 42 hampers of porter were unladed, without a provious entry at the collector's office. The evidence on the part of the informants, proceeds from feveral witneffes, one of whom difcovered the drays going from Cliƒord's alley, and purfued them to Smith’s wherre the porter was lodged. Two porters have prove the unlading, and the feizure ; and by the manifeft it appears, that only twenty hampers were entered, tho’ 42 hampers were carried to Smith's, 24 to the captain's ftore, and above 50 remained on board the fhip : –fo, the evidence is full and clear, that more goods have been unladed, than we were entered with the collector. The claimants, on the other hand, have filed their claim, and fay that no act has been done, have filed their claim, and fay that no act has been done, which under the laws of Pennʃylvania, incurs a forfeiture–This, therefore, is the province of the jury to try and determine.

The words of the act of affembly, upon which this profecution is grounded, have been the fubject of animad verfion on both fides ; but as they are few, we will repeat them. “ Every veffel or boat, from which any goods, wares, or merchandize fhall be unladed, before due entry thereof at the office of the collector of the port of Philadelphia &c. fhall be forfeited.”  Some doubts have been raifed with refpect to the thing mean to be entered ; but the fubject matter of the act, plainly refers to “ goods, wares, and merchandize”–and it would be highly abfurd if taken otherwife, as boats are never entered. This act does not fay what fhall be a due entry, but the next preceding on requires that “ the mafter of any fhip or veffel fhall exhibit to the collector a true manifeft of the goods, wares, and merchandize imported in fuch fhip or veffel, &c. and fwear that there no other on board to the beft of his knowledge and belief.” It has been fuggefted, that the captain having delivered in a manifeft, and fworn to it, this duty is done, and that in cafe of an omiffion, only the goods omitted are to be forfeited : But if the captain is obliged by law to deliver in a manifeft, he does not comply, unlefs he exhibits a true and accurate one ; and his committing perjury upon the occafion, fo far from facing the veffel, muft greatly encreafe the offence. This has been repeatedly called a hard law: but the truth is, See Ant. 182