Bushrod Washington

“ Is the driving of living fat oxen, &c. a transportation of them within the true intent and meaning of the law?
There is no doubt but that the word transport, correctly interpreted as well as in its ordinary acceptation, means to carry, to convey; and in this sense it seems to a majority of the court the legislature intended to use it. The offence is made to consist in transporting in any waggon, cart, sleigh, boat, or otherwise, the prohibited articles. ”

“ It may be admitted, that the mischief is the same, whether the enemy be supplied with provisions in the one way or the other; but this affords no good reason for construing a penal law by equity, so as to extend it to cases not within the correct and ordinary meaning of the expressions of the law, particularly when it is confirmed by the interpretation which the legislature has given to the same expressions in the same law. ”