That quote from Justice Story is precisely why such proceedings are not a &quot;penalty for a crime [the Government] assert[s] [someone] committed.&quot;  The purpose of such proceedings is to confiscate property used for illegal purposes (so it cannot continue to be used for illegal purposes), not to punish the owners of the property. Hence why in that case they confiscated the ship &quot;whether [the owner] be innocent or guilty.&quot;