НЕТН.

tonnage of ships and vessels." The defendant was late THE UNITED STATES collector of the customs, for the district of Petersburgh, in the state of Virginia. Words in a statute ought not to have a retrospective operation, unless they are so clear, strong, and imperative, that no other meaning can be annexed to them, or unless the intention of the legislature cannot be otherwise satisfied. This rule ought especially to be adhered to, when such a construction will alter the preexisting situation of parties, or will affect or interfere with their antecedent rights, services, and remuneration; which is so obviously improper, that nothing ought to uphold and vindicate the interpretation, but the unequivocal and inflexible import of the terms, and the manifest intention of the legislature. The word "arising" refers to the present time or time to come, but cannot, with any propriety, relate to time past, and embrace former transactions. As to the word "imported," it may comprehend the past or future, or both, according to the subject matter, and the words with which it is associated. Thus the word "arising," coupled with the words "on goods imported," shows, that the whole clause has a future bearing and aspect, and will not justly admit of a retroactive construction. According to this view of the subject, the commission of two and a half per cent, is to be restricted to monies received by the collector of Petersburgh, on account of the duties arising on goods, wares, and merchandise, which shall be imported after the 30th of June, when the act went into operation. To fortify the foregoing construction, it may be added, that the words of a statute, if dubious, ought, in cases of the present kind, to be taken most strongly against the law makers.

CUSHING, J. The question referred to this court by the circuit court is, whether the defendant, as collector, by the act of the 10th of May, 1800, was restricted to a commission of two and a half per cent, on any or all of the monies collected and received by him, after the 30th June, 1800, on account of bonds previously taken for duties arising on goods, wares, and merchandise, imported into the United States?

There was a prior act of congress entitling the defendant to three per cent, on all monies received on account

НETH.

THE UNITED of duties arising on goods imported into the United STATES States, within his district; which act was in full force during the time those duties arose, and until the subsequent act in question of the 10th of May, 1800, was to come into operation, which was the 30th of June following; and the question is upon bonds previously taken for duties arising on goods imported before the 30th of June. Upon this question I am of opinion, that the collector has a right to the three per cent allowed by the former law, on all monies secured by bonds previously taken as aforesaid, for duties arising on goods imported before the 30th of June, 1800; and that he is not restricted by the latter law to two and a half per cent. And that the general and true intent of the latter law was to make a new allowance in lieu of the former only on duties arising on goods imported after the last law came into operation, and not to hav a retrospective effect, to divest vested rights of th collector; it being unreasonable, in my opinion, to give the law a construction, which would have such a retrospective effect, unless it contained express words to that purpose.

Whether the words "from and after the 30th of June," are in the beginning, middle, or end of the sentence, the meaning, in this respect, appears to me the same to give the collector a new allowance on goods imported after that time.

When the former duties were secured by bond, the laws, I think, consider them, as far as regards the collector's allowance, as collected and received; the principal services being already done by securing the duties by bond.

MARSHALL, C. J. being one of the judges whose opinions were opposed in the court below, did not sit at this hearing.

MANELLA, PUJALS, AND COMPANY v. JAMES BARRY.

MANELLA, PUJALS & CO.

V.

J. BARRY.

ERROR to the circuit court of the United States, for the district of Maryland.

If foreign merchants send out, by their general agent, writ

ten orders to their factor in

this country,

The action was brought by the plaintiffs in error, to recover from the defendant, Barry, the price of three cargoes of tobacco, purchased and shipped by Barry, for account of the plaintiffs, but which were captured on to purchase their way to Spain, and condemned. The ground of the tobacco upclaim was, that Barry had not strictly pursued his in- count, but to structions as to the shipments.

on their ac

ship it in the name of the

The transcript of the record contained two bills of factor, and by exceptions.

those orders the factor is referred to

the verbal

communica

general agent, who undertakes to order be shipped in the name of another per

the tobacco to

In the first bill of exceptions, all the material facts of the case were stated, but the exception was taken tions of the only to the opinion of the court, who refused to suffer a witness to be sworn to the jury, to prove what was the true translation of a certain part of the Spanish instructions, as to which the parties differed, although the plaintiffs and defendant consented that the witness should be so sworn. This opinion, it is understood, was founded upon the idea, that the court, and not the jury, was the tribunal to decide the meaning and construcproper tion of all written evidence.

son, and declares he has

authority,

from the foreign merchants,thus to

The facts stated in the first bill of exceptions, and controul and which were referred to in the second, presented the following case:

vary their orders; the factor is justified On the 27th of January, 1798, Bernardo Lacosta, of new orders of in obeying the, Cadiz, in Spain, for and on behalf of the plaintiffs, who the general were also Spanish subjects, wrote and transmitted to the agent, though defendant, by the hands of Juan Alonzo Menendez Conde, a letter in the Spanish language, the following translation of which, purporting to be made by a sworn translator, was read in evidence to the jury.

contrary to ten orders.

the first writ

MANELLA, PUJALS & CO.

V.

J. BARRY.

"Cadiz, 27th January, 1798.

"To Mr. James Barry, Baltimore.

"My most esteemed friend,

"I derive a particular satisfaction in introducing to you the bearer of this letter, Mr. Juan Alonzo Menendez Conde, who goes to Baltimore as agent of the house of Messrs. Manella, Pujals, & Co. of this place, principally interested in the importation of tobacco for this kingdom. The confidence I have always had in you, and the friendship you have on all occasions manifested for me, warrant the conclusion that you will view this measure as your own, and will execute it with your wonted zeal and efficacy. Being an undertaking of considerable magnitude, a proportionable degree of economy should be observed in the purchases, the shipments and the reimbursements, because the least neglect may cause an enormous loss. By the last accounts from America, I find that tobacco has risen to a great price, but I hope this was only momentary. However, upon a reasonable calculation it will not answer them at more than ten dollars per quintal, in America; these are the limits to which they can go without exposing themselves to too much loss. You will, however, consult the bearer, Mr. Menendez, or he with you, and in case you should determine on an advance of one fourth or one half a dollar more, to prevent delay, you may do so if you think proper, being fully convinced if you can do it for less, that you will omit nothing that may advance the interest of my friends. With this, the said Mr. Menendez takes an order for twenty thousand quintals to be shipped for this place in seven or eight vessels, and not less than six, under which condition the insurance will be made here. You will take care to seek captains of fidelity, American born, and that all the crews be strictly agreeable to law.

"For the greater perspicuity the shipments will be made in the following manner:

"1. You will lade the vessels in your own name, stating that they are on your own account and risk, as an American citizen, and consign them to this place, alter nately to me, to Messrs. Gahn and Company, and to Messrs. Pablo, Greppi, Marliani and Company.

V.

"2. Your letter, by the vessel, will state that the con- MANELLA, signment is made on your account; that you order her to PUJALS & Co. Cadiz, where you hope that the consignees may be able. BARRY. to sell, but that if the government should not permit the sale, or the English prevent her entry, that then the vessel is to proceed to Genoa.

"3. That the captain carry no other letters than those relating to the cargo, but he must have one for Charles Longhy, of Genoa, to whom the consignment will be made, in the supposed case of not being suffered to enter this port, or be permitted to sell here.

"4. Should the captain be prevented entering here, he will put into the nearest Spanish port to this, and send an express to the consignee.

"5. The captain will bring the charter-party, and the letter to cover the shipment; that, as well as the bill of lading, should specify two freights, one for Cadiz, and the other as though the vessel was in fact destined for Genoa.

"6. In the invoice by the vessel, you will insert all the charges except the commission, which is understood shall be five per cent, to be hereafter added.

"7. By the way of England you will transmit the true invoices, adding thereto your commission.

"8. Great care should be taken, in the role d'equipage, as to the birth, age, size, &c. of the seamen, and that it agree in date and number with the shipping articles.

"9. Admitting that the vessel cannot enter here, there must not be any excess of freight on her going to another Spanish port; but this condition must be confidential with the captain, and must not appear document.

in any

"10. The vessels should have Mediterranean passes, and, in a word, all other necessary documents, that we may have no difficulties with the privateers there; and if you could have the papers examined by the French,