Edward Douglass White

“ A review of the principal statutes enacted in this country regulating the collection of customs duties establishes that, so far as they embraced legislation designed to prevent the evasion of duties, they proceeded upon the theory of the English law on the same subject; that is, that they forbade all the acts which were deemed by the lawmaker means to the end of smuggling or clandestinely introducing dutiable goods into the country in violation of law, and which were likewise considered as efficient to enable the offender to reap the expected benefits of his wrongful acts. ”

“ The words, 'contrary to law,' contained in the statute, clearly relate to legal provisions not found in section 3082 itself; but we look in vain in the count for any indication of what was relied on as violative of the statutory regulations concerning the importation of merchandise. The generic expression, 'import and bring into the United States,' did not convey the necessary information, because importing merchandise in not per se contrary to law, and could only become so when done in violation of specific statutory requirements. ”

“ This definition is substantially adopted from the opening sentence of the title 'Smuggling and Customs' of Bacon's Abridgment, and in which, under letter F, it is further said:
'As the offense of smuggling is not complete unless some goods, wares, or merchandise are actually brought on shore or carried from the shore contrary to law, a person may be guilty of divers practices which have a direct tendency thereto, without being guilty of any offense. ”

“ I. c. 11, entitled 'An act against the clandestine running of uncustomed goods, and for the more effectual prevention of frauds relating to the customs,' provision was made in the fourth section for the seizure and forfeiture of goods concealed in ships from foreign parts, 'in order to their being landed without payment of duties'; and in section 8 ships of a certain burden, laden with customable and prohibited goods, hovering on the coasts 'with intention to run the same privately on shore,' might be boarded, and security exacted against a violation of the laws. ”

“ Exception was taken on behalf of the accused to the following instruction given by the trial judge to the jury: 'If the statements made here under oath by Captain Loesewitz respecting his receipt of the package of diamonds in Antwerp and bringing them here are true, the defendant is guilty of the offense charged.' An exception was also noted to the refusal of the court to direct the jury to return a verdict of not guilty upon the second count, and the questions reserved by these two exceptions are pressed as clearly giving rise to reversible error. ”

“ Keck v. United States
The plaintiff in error was prosecuted under an indictment consisting of three counts. The first was intended to charge a violation of section 3082 of the Revised Statutes by the alleged unlawful importation into the port of Philadelphia of certain diamonds. The second averred a violation of section 2865 of the Revised Statutes by the smuggling and clandestine introduction, on the like date, and into the same port, of the articles which were embraced in the first count. ”

“ A young man [being] present at the conversation opposite the captain's room, who represented the steamship company, we agreed to go back to the chart room, where I again insisted on getting this package, and this young man who represented the steamship company, who was present, advised the captain to give the package to me, which the captain did.'
The package referred to was found to contain 563 cut diamonds of the value of about $7,000, which were subject to a duty of 25 per cent. ”

“ And on uncut precious stones of all kinds, 10 per cent. ad valorem.'
It is apparent that it was not the intention of congress to put one of the most valuable of precious stones on the free list, while all others were made dutiable. ”