Levi Woodbury

“ Of course, we must in this, as in all cases, begin the inquiry with the presumption that the defendant is innocent, and that the burden of proof to make out the guilt devolves on the plaintiff. In the construction of a penal statute, it is well settled, also, that all reasonable doubts concerning its meaning ought to operate in favor of the respondent. ”

“ Sometimes the arrival of a vessel refers, undoubtedly, to her coming into a port from any cause, or for any purpose, and for any period. It is admitted that this may be the literal and general meaning of the term with lexicographers, but in several cases it is used to denote a coming in for certain special objects of business, and to be followed by remaining there so long as to render an entry of the vessel proper, and a deposit of her papers with a consul prudent and useful. ”

“ All of that class look to an arrival for purposes of business,-to an entry and clearance, and to a stay there so long as to require some of the acts connected with it, and to need or permit the interference of the agent of their country in some of his appropriate functions, and especially to enable him to report understandingly that her trade, or her imports and exports, are on American account, and are of a certain value and character. ”

“ In some acts of Congress, it is expressly recognized as an excuse from a penalty in respect to a matter like this, if the vessel desires to go farther, to an interior port, or is driven about by stress of weather, by chase of an enemy, or any 'other necessity,' not saying whether voluntary or involuntary. ”

“ But most of them are disconnected with this subject;-as, to take care of American property, either wrecked or belonging to deceased persons; to exercise at times even diplomatic functions; to aid his countrymen in scientific researches; to transmit periodical advices on every thing beneficial to trade or the arts, and, in all emergencies among strangers, to act as the friend and agent of commercial visitors from his own country. ”

“ Thus, in the thirteenth section of the act of December 31, 1792, the requirement that a temporary register of a vessel, instead of one lost, shall be delivered up 'within ten days after her first arrival within the district to which she belongs,' means, not touching or inquiring only, but arriving to enter and transact business. ”

“ Consequently, no clearance could be presented to the consul to obtain his papers, if they had been delivered, and therefore it does not seem to have been a case contemplated for such a delivery.
Again, a vessel is not considered to arrive, so as to be regarded as importing her cargo, unless she arrives within a port and with an intent to enter the cargo. United States v. Lyman, 1 Mason, C. C. 482. It is not enough to come within the limits of the district. ”