Smuggling

The fraudulent taking into a country, or out of it, merchandise which is lawfully prohibited. (Quoted and approved by Brewer, J., in Dunbar v. U. S., 156 U. S. 185, 15 Sup. Ct. 325, 39 L. Ed. 390.) “Smuggling consists in the bringing on shore, or carrying from thp shore, goods and merchandise, for which the duty has not been paid, or of goods of which the importation or exportation is prohibited.” 6 Bac. Abr. 258; so, in almost precisely the same words in 1 Hawk. Pi. Cr. 661; 1 Russ. Cr. 172. In the Act of June 22, 1874, it was provided: “ r l Wt for the purpose of this act, smuggling shall be construed to mean the act, with intent to defraud, of bringing into the United States, or with like intent, attempting to bring into the United States, dutiable articles without passing the same, or the packages containing the same, through the customhouse, or submitting them to the officers of the revenue, for examination.”

18 U. S. Statutes at Large, ch. 391, p.

186. “Smuggling” and to clandestinely introduce into the country mean the same thing. Mere acts of concealment of merchandise on entering the waters of the United States do not of themselves constitute smuggling; Keck v. secreted on his person knowingly passed the customs office at the dock and ignored three distinct calls of the customs officer before his further progress was arrested and the goods disclosed, when he stated for the first time that he expected to enter the goods at the main custom house some distance away, instead of at the dock, he was held to have committed the offense of smuggling; Rogers v. U. S., 180 Fed. 54, 103 G. C. A. 408, 31