Samuel Blatchford

“ I cannot believe that congress intended, by making the law applicable to pending cases, to change a long and well established rule of pleading,-one founded upon manifest principles of justice, so as to allow a conviction of an offense upon which a forfeiture could be adjudged, without averring the fraudulent intent upon proof of which alone such forfeiture could be claimed. ”

“ Much stress is laid upon the fact that an information or other proceeding for the forfeiture of goods for a violation of provisions of the customs revenue acts is in form a civil action; but I do not perceive that this fact changes the necessity of alleging, as well as proving, the material facts upon which alone a forfeiture can be adjudged. Though the same strictness in pleading is not required in civil as in criminal actions, in neither can that which is essential to be proved be omitted to be averred. ”

“ This is to be done in every suit of the character specified in the section, in which 'an issue or issues of fact shall have been joined;' and the provision applies to suits then pending as well as to those thereafter to be commenced. ”