USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. IX > Part 115
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406
REVOLUTIONARY .- ROBERT MORRIS.
[JUNE
From the National Gazette.
The following correspondence, which not long since came into my possession, was found among the papers of Robert Morris, the distinguished financier of the Ameri- can revolution. The sentiments of the writers manifest the mutual respect which they entertained towards each other, and moreover show the character and doings of the honourable and influential Qnakers of that period. These documents are curious and valuable in a histo- rical point of view; and on that account may be worthy of publication and preservation. R. V.
PHILADELPHIA, 23d July, 1781.
Gentlemen,-The office which I have the honour to hold, calls for particular attention to those who are dri- ven from the Southern States, and cast upon the com- passion of their fellow-creatures. The public funds are not sufficiently abundant to answer the calls of humani- ty, over and above the purposes to which they are ap- propriated. I have it therefore in contemplation to in- stitute a lottery, making thereby a joint appeal to inte- rest and pity. But, as the members of your society are not inclined to lotteries, I cannot expect that they will become adventurers; though they certainly will not omit to seize an occasion for exercising those mild and benevolent principles by which they are actu- ated.
I take the liberty to propose, that a subscription be opened among those of your persuasion, for a loan, at six per cent. interest, to the United States; and that the produce thereof be applied for the relief of our suffering brethren above mentioned. I will pledge my- self to yon, that none of the monies so obtained shall, on any pretence, be diverted from that benevolent pur- pose. I do not mention a gift, because the object is so large that it would be too heavy a tax even for the whole community, much less for any particular part of it. Besides that many individuals, who are now to derive support from it, will hereafter be in capacity to repay; and, in all human probability, the Southern States will soon be enabled to refund such sums as may have been advanced to the poorer citizens.
I should deem it inexcusable, on such an occasion as this, to hint at political considerations. But, for my own sake, I must observe that I do not mean to draw on you any odium, in case you should decline a compliance with my wishes. This letter therefore is secret, as long as you may choose that it should remain so; and you will communicate it to such persons only as you may think proper. It is directed to you from my opinion of your integrity and good dispositions towards your fellow creatures. Should my proposal be adopted, I will sub- mit to your consideration, whether an application to me on the subject would not be the proper method of originating the plan, without taking notice of this let- ter.
I am your sincere friend and humble servant, ROBERT MORRIS.
To Messrs. Hugh Roberts, John Reynolds, James Pemberton, John Pemberton, Samuel Emlen, Owen Jones, Nicholas Waln, and such others of the people called Quakers as they shall choose to communicate this letter to.
REPLY.
PHILADELPHIA, 7 mo. 28, 1781.
Esteemed Friend-The subject matter of thy letter of the 23d inst. has been considered by those to whom it is directed, and some others of our brethren, who unite in judgment with us that it is weighty and affect- ing.
morable time to the citizens of Charleston, South Ca- rolina; so also to the inhabitants on our frontiers, in ' the late Indian war, for whose relief a considerable sum' of money was raised and distributed among them. And in the early commencement of these days of sorrowful calamity, a considerable contribution was likewise made among us for the people of New England, which was sent from hence, and committed to the care of some of our brethren in that country, who with diligence and fa- tigue, in the midst of a cold winter, sought out the real- ly indigentand distressed of all denominations, and hand- ed them some seasonable relief.
The same benevolent principles we hope will contin- ue to actuate us on future necessary occasions, with the same precaution we have ever observed in support of our testimony against war and any thing tending to pro- mote it. But the circumstances of the members of our society are of late greatly changed, and their capacity for the exercise of benevolence much diminished, not only through the general calamity prevailing, but most particularly by the very oppressive laws which have been enacted in Pennsylvania, and the oppressive man- ner in which they have been frequently executed to the impoverishment of many innocent and industrious inhab- itants; so that there are divers instances of many fami- lies in the city and country, who are already nearly strip- ped of their substance. Thus the poor of our Society are greatly increased, and as we conceive it to be our duty, so it has always been our practice not to leave our needy brethren to the relief of others. The state also of our friends in the Carolinas who we apprehend are reduced to great straits, hath lately claimed our partic- ular attention, and we have sent them something con- siderable as a relief. There are few amongst us who have been engaged in trade and business for several years past, and many have been obliged to borrow mo- ney for the support of their families through the diffi- culty of collecting their debts, and unjust advantages taken by some in the payment of them. And on consi- deration of thy requisition for sending a sum of money, we are united in judgment that we cannot comply with it.
We do not mention these things with a view to damp or extinguish that spirit of sympathy and compassion which humanity dictates, and piety requires, but wish it to prevail among mankind in general.
We are thy respectful friends,
JOHN REYNOLDS, HUGH ROBERTS, OWEN JONES,
JAMES PEMBERTON, JOHN PEMBERTON, SAMUEL EMLEN, Jr. NICHOLAS WALN.
To ROBERT MORRIS, Esquire.
LAW CASE.
In the Circuit Court of the United States, held at Phila- delphia, April Session, 1832.
The United States of America, rs. Twenty-three coils of Cordage, &c. found on board the ship Eliza.
This was an information filed on behalf of the United States, against twenty-three coils of cordage remaining on board the Eliza, from Cronstadt, after her cargo was discharged. They were alleged to be sea-stores, within the meaning of the revenue laws, and as such, liable to forfeiture, unless reported in the manifest, as all remain- ing sea-stores are required to be.
It was contended by the District Attorney that the cordage having been put on board, for the use of the vessel, was therefore sea-stores for that purpose. That, not having been used on the voyage, it was not part of her tackle or furniture; and not being entered on her arrival as merchandize, it remained on board as sea-
The charitable sentiments kindly expressed concern- ing us, we trust are not groundless, there having been in years past divers occasions on which our religious soci- ety, affected with the sufferings of our fellow creatures, have, without regard to the distinctions of religious pro- fessions, manifested their benevolence; and at one me- I stores, and should therefore be included in the report
1832]
LAW CASE .- SEA STORES.
407
required by law, of "remaining sea-stores." That the collection act of 1799 was meant to embrace all articles on board of a vessel, at her arrival, not attached to her, which might be liable to duty; and that therefore they should be reported, in order that the revenue officers might ascertain whether, as sea-stores, articles of do- mestic growth, or otherwise, they were included among those exempted by law from payment of duty; and that if it was desired to land them, a regular permit might be obtained therefor.
On the part of the claimant, it was urged that this cordage was neither merchandize nor sea-stores; that having been purchased bona fide for the vessel, it was not the former, and that the latter phrase, as used in the law, applied only to "vessel and cabin stores." That in fact this was part of the tackle, or equipment of the vessel, and as such, there was no part of the act of Congress which required it to be reported, nor had it been the usage so to do. There was nothing making it illegal in the owner of a vessel to lay in such quantity as he might deem necessary for her supplies.
The case was argued in the District Court by Mr. Gilpin on the part of the United States, and by Messrs. Smith and Chauncey for the claimant.
A decree was made by judge Hopkinson in favor of the claimant, and it now came before the Circuit Court on an appeal by the District Attorney from that de- cree.
Judge Baldwin delivered the following opinion:
These articles were brought into this port in the ship Eliza, from Cronstadt, and not reported by the master in the manifest; they were found on board after it was made out, and seized as forfeited under the 45th section of the revenue laws, as sea-stores not specified in the entry. This is the only ground of forfeiture alleged in the information. The case therefore presents the sin- gle question, whether these articles are sea stores within the meaning of this section of the act of Congress, not being alleged to be a part of the cargo or mer- chandize belonging, or consigned to the master, officers or crew.
This law does not define and designate what was to be considered as sea-stores, as distinguish- ed from articles composing a part of the tackle, apparel, or furniture of the ship, or such as may be necessary or usual to have on board for the pur- pose of repairs and emergencies during the voyage, parts of which remain on hand at its termination. In directing the form of the manifest and the articles to be enumerated, the law mentions, among others, "the re- maining sea-stores, if any." The head under which they are to be entered in the manifest, is "vessel and cabin stores." (1 Story, p. 593, 4. Sect. 23.) In the 45th section prescribing the forfeiture, they are named as "sea stores" generally, Id. 612. If we were to decide on the meaning of these words in a charter party, or a policy of insurance, instruments difficult of construction by the rules of the common law, on account of their informality and the use of words and expression un- known to, and undefined by legal principles, we might find no difficulty in ascertaining it by the custom of merchants and the usage of trade, and should adopt the meaning and practical definition thus given to them; presuming that the parties intended to use them in the sense in which they had been, and were used, re. ceived, and accepted, among merchants. But when the words have received a legal and settled interpreta- tion, usage alone would not overrule it. So if the same words are found in a law, and they are used in a sense denoting the intention of the legislature to give them an application and meaning different from that which had been adopted by mercantile usage, the court must so consider the law.
Admitting that the words "sea-stores" in a mercantile instrument, comprehended all those accompaniments of a ship that are essential in its present occupation, (though not direct constituents of a ship,) without -
which it cannot execute its mission, or perform its func- tions, it by no means follows that the words would re- ceive the same construction in an act of Parliament. (1 Ilaggard, 122, 4 and 206, &c. Marshall on Ins. 226, 7; 1 and 127, 32.)
They may be used in a much more restricted sense, which will be taken not merely from a particular law in which they may be found, but from other laws on simi- lar or analogous subjects, which may serve as a key to unlock the law in question. Such appears to be the laws of 20th July, 1790, for the government and regu- lation of seamen in the merchant service. (1 Story, 102. ) In the 3d section it enumerates the several par- ticulars in which a ship may be defective after the voy. age is begun, and before she has left the land "in her crew, body, tackle, apparel, furniture, provisions .or stores, it directs a report to be made "what addi- tions of men, provisions, or stores, or what repairs or alterations in the body, tackle or apparel may be necessary;" and again uses the words "men," "provisions," 'stores," "repairs or alterations." In the sixth section prescribing a remedy for seamen to recover their wages, it directs a summons to the master to show cause why process should not issue against "the ship, her tackle, furniture and apparel." The 8th section directs, that every ship bound on a foreign voy- age, shall be provided with a "medicine chest." The 9th section prescribes the quantity of water, meat, and bread which shall be provided for each person on board over and besides such other "provisions, stores, and live stock as sball, by the master or passengers be put on board," and in like manner for "shorter or longer voy- ages."
- Taking these provisions of the different parts of this law together, there is an obvious discrimination between those articles which form a part of the body, tackle, apparel or furniture of a ship, and those intended for the health and sustenance of the crew and passengers; between those necessary for the ship itself, and those who navigate or are transported in her; between arti- cles which, from their nature, are consumed in their use, and those which become merely deteriorated, or so injured by use as to require their being repaired or replaced by new materials. The words of the ninth section are a definition of stores not applicable to any articles laid in for the use of the ship itself, which are not put on board by passengers. They are something over and besides medicine, water, beef, bread, or pro- visions, which are specified in the same clause, from the juxta position of the word "stores" between pro- visions and live stock; and from their being noticed as put on board by the master "or passengers," they must be considered as extended to other stores, intended for the same purpose and use as the enumerated articles, provisions and live stock. It would be a very strained, if not a forced construction, to interpret the words "stores, " in this section, as referring to the articles on board neces- sary or usually taken on board to meet the exigencies of the voyage, for the repairs of the ship, or her securi- ty while performing it: this would be to read it, "such other provisions, cordage, duck, sail cloth, or live stock, as shall, by the master or passengers, be put on board," and thus exclude liquors, groceries, and other articles of comfort, luxury, or fancied necessity, as may have been provided for the officers, passengers, and crew of the ship. Such is obviously not the meaning of the law, or the just and legal interpretation of the word used in this section. They clearly exclude the articles in question; they as clearly include all those stores put on board for the purposes of consumption by the persons in the ship, and they must be taken to have been used in the same sense in the other sections of the same law; in the absence of any words or expressions denoting the intention of the legislature to give any different meaning or application to them.
In ascertaining the legislative meaning of the term "remaining sea stores," as used in the twenty-third sec-
408
HOUSE OF REFUGE.
[JURE
tion of the revenue law, it is found to be in perfect ac- cordance with the ninth section of the act of 1790, and plainly, if not necessarily, referring to it, by direct- ing a manifest of the cargo to be made out, "together with the name and names of the passengers, distinguish- ing whether cabin or steerage passengers, or of both; their baggage and packages belonging to each, together with an account of the remaining sea-stores, if any." To the question, what are such sea-stores? a plain an- swer is furnished; such articles of provisions and stores, as were put on board by the captain or passengers, and not consumed on the voyage, but remaining on hand at its termination.
The words "vessel and cabin stores," in the form of the manifest, are not inserted for the purpose of intro- ducing any distinct class or kind of sea-stores, but mere- ly as the head under which those designated in the pre- ceding part of the section should be entered on the ma- nifest, as the "remaining sea-stores." These views of the law are very apparent in the thirtieth section, pre- scribing the form and requisites of the oath of the mas- ter to the manifest. "And I do further swear, that the several articles specified in the said manifest, as the sea- stores for the cabin and vessel, are truly such, and were bona fide put on board for the use of the officers, crew, and passengers thereof, and are intended to remain on board for the consumption of said officers and crew." If the ship has on board wines, spirits, or teas, the cap- tain is by the same section required to report the quan- tity and kind on board, as sea-stores, to enter them in the manifest under that head, and to superadd his oath, as in the case of other sea-stores on board.
As it cannot be pretended that the duty of the master under the twenty-third section is broader than the oath required under the thirtieth, we must take them to mean, that the sea, vessel, and cabin stores remaining unconsumed, should be entered in the manifest and sworn to, and that they were such and such only as were provided for the consumption of those on board during the voyage, or as should remain on board after its termi- nation, or on a new one, it is therefore clear, that these sections of the law do not embrace those stores which are intended for the use of the ship itself, distinct from those provided for the officers, crew and passengers, among which the articles in question cannot possibly be comprehended. It only remains to consider the forty- fifth section under which these articles are claimed by the United States as forfeited. This section is profes- sedly introduced in order "to ascertain what articles ought to be exempt from duty as the sea-stores of a ship, for this purpose the master is directed to specify them in the manifest" as the sea-stores thereof, and in the oath declare "that they are truly such and are not in- tended for merchandise or sale, whereupon the said ar- ticles shall be free from duty." This clause evidently refers to the preceding sections of the law, the one re- quiring the manifest, the other the oath prescribed as to the articles therein specified as the stores of the ship, but it neither embraces any other articles by any enu- meration, reference or the use of any words admitting of such a construction.
The proviso creating the forfeiture refers to the same The decree of the District Court awarding restitu- tion to the claimants is therefore affirmed. subject matter. "And if any other or greater quantity of articles are found on board of such ship or vessel as Gilpin, District Attorney, for the United States; Chauncey and James S. Smith for the claimants. sea-stores than are specified in such entry," or be land- ed without a permit "all such articles shall be forfeited and seized."" Though named in the various parts of the law as the remaining sea-storesof a vessel, and cabin HOUSE OF REFUGE. stores, the sea-stores of a ship or vessel, or sea-stores, their meaning and application is the same as to all these The Fourth Annual Report of the House of Refuge of Philadelphia. articles put on board by the captain or passengers for their use or the use of the officers and crew, and intend- To the Contributors to the House of Refuge, the Mana- gers respectfully submit the following report: ed for consumption on board; they are duty free if en- tered and verified according to the twenty-third and thirtieth sections of the law. But if the articles or the After more than three years of successful experiment, it will not be expected that arguments should be here full quantity of any given ones on board, are not entered and sworn to, or are landed without permit, they are | repeated in favour of our establishment. It is sufficient-
forfeited; this is consistent with the declared object of the forty-fifth section. It creates the forfeiture as a pun- ishment for the omission of the duties previously pre- scribed. To give it any other construction would be to adjudge a forfeiture of any article for not doing an act in relation to it, which the law did not enjoin, and inflict the punishment when no offence had been com- mitted. By no just construction can the penalties of the law be incurred when no prohibited act has been done, and no enjoined one omitted. The penal provi- sions of a law cannot be made broader than the directo- ry, or prohibitory ones, and we cannot declare an article to be forfeited as sea-stores for not being entered and sworn to, unless it is one directed to be so done by some other part of the law. There is no provision in it which either expressly or by plain legal intendment brings the articles in question within them. All the words used can be fully satisfied without embracing them, and they were obviously intended only for such sea- stores as were taken on board for the use of the officers, crew, and passengers.
The District Attorney has placed much reliance on the seventh and eighth sections of the English Statute of the 1st and 2d George 4th, chapter 76, in which anchors, cables, and other ship-stores and materials and merchan- dize and marine stores are enumerated together as form- ing the same class of articles; but although that may be considered as the sense in which they are used and must be taken, in and by that particular act, it can have no bearing on an act passed more than twenty years before, even in England. It is no evidence that such was the legal meaning or acceptation of the words by the com- mon law, but is rather to be considered as a mere statuta- ry provision.
As no doubt can be entertained about the meaning of the act of congress on which this information is made, it has not been deemed necessary to examine the mean- ing and received acceptation of the terms sea or ship stores, in mercantile instruments, or according to com- mercial usage, they are undoubtedly more comprehen- sive than by the terms or meaning of the laws referred to. It is enough for the decision of this case that the articles in question are not brought within either the directory of the penal provisions of the collection law in regard to sea-stores. Whether they are to be consider- ed as a part of the ship, its body, tackle, apparel or fur- niture, being intended for such use; or whether by their not having been so applied, they can be considered as a part of the cargo, and as such, subject to forfeiture or penalty under any other provisions of the law, it is un- necessary to inquire. Neither is the object for which they were purchased or retained on board, or their quan- tity, a material subject of inquiry; if purchased for sale they would be deemed goods, wares, and merchandize; if the quantity was excessive, the excess would, if sea- stores, be liable to duty. Having been libelled for being found on board as sea-stores not entered in the manifest, every point in the case is disposed of by considering them as not embraced within the twenty.third, thirtieth, or forty-fifth sections of the laws, as ship, vessel, cabin, or sea-stores.
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