“ As it is, we can only draw such inferences as the finding will sanction. And we are free to confess, that we cannot understand what is meant by a practice of the custom house and shipmasters of Barnstable, which confounds the open roadstead of Hyanis with the harbour of Bass river, or even the landing place at Gage's wharf, the one ten, the other three miles off. ”

“ In one place it finds, 'that the harbour or port of Barnstable is about three miles from the harbour of Yarmouth;' in another, that a long point of land intervenes between 'Yarmouth harbour or Bass river harbour, and Hyanis or Barnstable harbour;' in both instances drawing an express discrimination between Yarmouth harbour, to which the vessel was bound, (taking the term to be the synonyme of port,) and Hyanis, or Barnstable harbour, in which she was seized.
Every thing proves that Bass river harbour was the original destination of the vessel. ”

“ We are therefore of opinion that the act on which the collector relies, justified the seizure; that there is error in the judgment of the Court of Massachusetts; that it must be reversed, and a judgment entered for the plaintiff here, the defendant in the original suit. ”