Directory_and_Chronicle_1868 — Page 537

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AMERICAN PASSENGERS' ACT.

[PUBLIC ACT-No. 24.]

An Act to prohibit the "coolie trade" by American citizens in American vessels.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no citizen or citizens of the United States, or foreigner coming into or residing within the same, shall for himself or for any other person whatsoever, either as master, factor, owner, or otherwise, build, equip, load, or otherwise prepare any ship or vessel, or any steamship or steam vessel, registered, enrolled, or licensed, in the United States, or in any port within the same, for the purpose of procuring from China, or from any port or place therin, or from any other port or place, the inhabitants or subjects of China, known as "coolies," to be transported to any foreign country, port, or place whatever, to be disposed of, or sold, or transferred, for any term of years or of any time whatever, as servants or apprentices, or to be held to service or labor. And if any ship or vessel, steamphip or steam vessel, belonging in whole or in part to citizens of the United States, and registered, enrolled, or otherwise licensed as aforesaid, shall be em- ployed for the said purposes, or in the "coolie trade," so called, or shall be caused to procure or carry from China or elsewhere, as aforesaid, any subjects of the Government of China for the purpose of transporting or disposing of them as aforesaid, every ship or vessel, steamship or steam vessel, her tackle, apparel, furniture, and other appurtenances, shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned in any of the circuit courts or district courts of the United States, for the district where the said ship or vessel, steamship or steam vessel, may be found, seized, or carried.

SEC. 2.—And be it further enacted, That every person who shall so build, fit out equip, load, or otherwise prepare, or who shall send to sea, or navigate, as owner,, master, factor, agent, or otherwise, any ship or vessel, steamship or steam vessel, belong- ing in whole or in part to citizens of the United States, or registered, enrolled, or licensed within the same, or at any port thereof, knowing or intending that the same shall be em- ployed in that trade or business aforesaid, contary to the true intent and meaning of this Act, or in anywise aiding or abetteing therein, shall be severally liable to be indicted there- for, and, on conviction thereof, shall be liable to a fine not exceeding $2,000, and be impri- soned not exceeding one year.

SEC. 3.—And be it further enacted, That if any citizen or citizens of the United States, shall, contrary to the true intent and meaning of this Act, take on board of any vessel, or receive or transport any such persons as are above described in this act, for the purpose of disposing of them as aforesaid, he or they shall be liable to be indicted therefor, and on conviction thereof, shall be liable to a fine not exceeding $2,000, and be imprisoned not exceeding one year.

SEC. 4.-And be it further enacted, That nothing in this Act, hereinbefore contained shall be deemed or construed to apply to or affect any free and voluntary emigration of any Chinese subject, or to any vessel carrying such person as passenger on board the same, provided, however, That a permit, or certificate shall be prepared and signed by the consul or consular agent of the United States residing at the port from which such vessel may take her departure, containing the name of such person, and setting forth the fact of his voluntary emigration from such port or place, which certificate shall be given to the master of such vessel, but the same shall not be given until such consul or consular agent shall be first personally satisfied by evidence produced of the truth of the facts therein contained.

SEC. 5. And be it further enacted, That all the provisions of the Act of Congress approved February 22, 1847, entitled "An Act to regulate the carriage of passengers in merchant vessels," and all the provisions of the Congress, approved March 3rd, 1849, en- titled "An Act to extend the provisions of all laws now in force relating to the carriage of passengers in merchant vessels and the regulation thereof," shall be extended, and shall apply to all vessels owned in all or in part by citizens of the United States, and registered, enrolled, or licensed within the United States, propelled by wind or by steam, and to all masters thereof, carrying passengers or intending to carry passengers from any foreign port or place without the United States to any other foreign port or place without the

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