Melville Fuller

“ As contended on behalf of the defendant, there can be no constructive offenses; and, before a man can be punished, his case must be plainly and unmistakably within the statute. But, though penal laws are to be construed strictly, yet the intention of the legislature must govern in the construction of penal as well as other statutes; and they are not to be construed so strictly as to defeat the obvious intention of the legislature. ”

“ We are unable to find any sound reason for the conclusion that congress intended to substitute for 'imprisonment at hard labor for not less than one year nor more than five years' the penalty denounced by section 279, and carried into section 5467, in respect to the embezzlement of mail matter containing articles o value, 'a fine of not more than five hundred dollars, or by imprisonment for not more than one year, or by both,' the punishment for embezzling mail matter not containing such articles. ”

“ And it is urged that, as section 146 of the act of June 8, 1872, expressly provided a penalty for the embezzlement of a letter 'which shall not contain' anything of value, and its substitute, section 3891, uses the language, 'although it does not contain' anything of value, the latter section has been thereby broadened so as to punish the offense, whether the letter contains an article of value or not. ”