90TH CONGRESS HOUSE OF REPRESENTATIVES REPORT1st Session No. 88

REPEALING THE "COOLY TRADE" LAWS

MARCH 8, 1967.-Referred to the House Calendar and ordered to be printed

Mr. FEIGIAN, from the Committee on the Judiciary, submitted thefollowing

REPORT[To accompany H. R. 857]

The Committee on the Judiciary, to whom was referred the bill(H.R. 867) to repeal the "cooly trade" laws, having considered thesame, report favorably thereon with an amendment and recommendthat the bill do pass.The amendment is as follows:On pages 1 and 2, strike all "Whereas" clauses.

PURPOSE OF THE BILLThe purpose of the bill, as amended, is to repeal the "cooly trade"

laws which prohibit the procuring, transportation, disposition, sale, ortransfer of oriental persons as servants or apprentices, or to be heldto service or labor (8 U.S.C. 331-339).

GENERAL INFORMATION

Similar legislation passed the House of Representatives during thesecond session of the 89th Congress but was not acted upon in theSenate. The following information was contained in House Report2039 (89th Cong.) accompanying that legislation and is reprintedbelow.

[From H. Rept. 2039, 89th Cong., 2d sess.]The "cooly trade" laws were enacted by Congress in 1862 and 1875

to correct the then increasingly prevalent practice of exploitationof oriental persons, particularly Chinese and Japanese, involvingtheir procurement abroad for Importation into the United Statesunder contracts of servitude. These practices resulted not only inthe violation of the individual rights of the persons so recruited, but

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REPEALING THE "COOLY TRADE" LAWS

also were disruptive to the working conditions in the areas into whichthey were imported.The circumstances which prompted the cooly. trade legislation

have long since ceased to be prevalent in the-fa-ce of changes in thesocial, economic, and political conditions in the United States andabroad. The continued existence of the "cooly trade" laws is alsoinconsistent with the later policies of the Congress under which otherstatutes singling out oriental peoples have been repealed, or modifiedby progressive amendments to the immigration laws....The cooly trade legislation currently serves no useful purpose,

and presents an unnecessary and disparaging reminder of a pasthistorical period which potentially could be the cause of misunder-standing as to the present relationships between the people of theUnited States and the peoples of oriental countries.The enactment of this legislation was recommended by the Depart-

ment of Justice and by the Department of State in the followingcolmunluications: .

OFFICE OF THE DEPUTY ATTORNEY GENERAL,Washington, D.C., July 26, 1966.

Hon. EMANUEL CELLER,Chairman, Committee on the Jutdiciary;'lTouse of Representatives, Washington, D.C.DEAR MR. CHAIRMAN': This is in response' to your request for the

views of the Department of Justice on H.R. 825 and H.R. 6175, billsto repeal the cooly trade lasivi' ;a ,These bills woild repeal the cooly trade: laws'.which- prohibit the

procuring, transportation, disposition, sale or'ttransfer: 'oforientalpersons to be held in service as servants or apprentice'4(8t:J.S.0.331-339). They would be an expression by the -Congress'that thecircumstances which prompted the enactment of *these'laws no longerexist because of a change in social, economic and political conditions.Consequently, they could becorie'the source of public misunderstand-ing between the United States. and peoples of oriental countries.The Department of Justice:would have no objection to the enact-

ment of this legislation.The Bureatl of the Budget has advised that there is' no objection

to the submission of this report from 'the standpoint of the' adminiistra-tion's program. -

Sincerely.RAMSEY CLARK.

Deputy Attr'ney.m Qeer'oal.,

"- DEPARTMENT OF STATE, ..'.. Washington, July 29, 106@.

Hon. EMANUEL CELLER,Chairman, C'committee on the Judiciaryj -.House of Representatives. -

DEAR MnR. CHAIRMAN: I refer,to'your letters,of August 23, 1965,'and March 3, :1966, transmitting.gfor this .Department's study. andportt copies of H.R. 825 and H.R. 6175 entitled "A bill to repeal the'cooly' trade' laws." .:-; :The Department favors the objectives of these bills. The cooly

trade laws are inconsistent with Public Law 89-236 whichtibplished

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REPEALING THE "COOLY TRADE" LAWS

the discriminations on grounds of race or national origin previouslycontained in our immigration laws.The Bureau of the Budget advises that, from the standpoint of the

administration's program, there is no objection to the presentation ofthis report for the consideration of the committee.

Sincerely yours,DOUGLAS MACARTHUR II,

Assistant Secretary for Congressional elations(For the Secretary of State).

The committee is of' the opinion that H.R. 857, as amended, shouldbe enacted and accordingly recommends that the bill do pass.

CHANGES IN EXISTING LAWIn compliance with paragraph 2 of clause 3 of rule XIII of the Rules

of the House of Representatives, changes in existing law made by thebill are shown as follows (new matter is printed in italic, matter pro-posed to be omitted is printed in black brackets, existing law in whichno change is proposed is printed in roman):

SECTIONS 2158, 2159, 2160, 2162, AND 2163, REVISED STATUTES

[SEC. 2158. No citizen of the United States, or foreigner cominginto or residing within the same, shall, for himself or for any other,person, either as master, factor, owner, or otherwise, .build, equip,load, or otherwise prepare, any vessel, registered, enrolled, .or licensed,in the United States for the purpose of procuring from any port orplace the subjects of China, Japan or of any other oriental country,known as "coolies," to be transported .to any foreign port, or place,to be disposed of, or sold, oe transferred, for any time, as servants orapprentices, or to be held to service or labor.[SEC. 2159. If any vessel, belonging in whole or in part to a citizen

of the United States, and registered, enrolled, or otherwise licensedtherein, be employed in the, "cooly-trade," so called, contrary to theprovisions of the preceding actionn, such' vessel, her tackle, apparel,furniture, and other :abi~Ptenances, shall be'forfeited to the UnitedStates, and shall be liable to be seized, prosecuted, and condemned inany of the circuit courts or district courts of the United States for thidistrict where the vessel imay be found, seized, or carried.

[SEC. 2160. Every person wiho so builds, fits out., eiqips, loads, orotherwise prepares, or who sends to sea, or navigates as owner, master,factor, agent or otherwise, any vessel, belonging in whole or in part toa citizen of the United States qr registered, enrolled, or licensed withinthe same, knowing or intending'that such vessel is to be or may beemployed intthattrade, cotrary to the provisions of section twenty-one hundred and fifty-eight, shall be liable to a fine not exceeding twothousand' dollars, and be imprisoned not exceeding oneyear.[SEC. 2161. Every citizen of the United States who, contrary tothe provisions of section twenty-one hundred and fifty-eight, takeson board of any vessel,'bir receives or transports any such subjects as'are described' ii that sectibh', for tlhei purpose bf disposing of them inany waya' therein prohibited, shall 'be liable to a fine not exceedingtwo thousand dollars and'be iiprisoned 'not exceeding one year.

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[SEC. 2162. Nothing herein contained shall be deemed to apply toany voluntary emigration of the subjects specified in section twenty-one hundred and fifty-eight, or to any vessel carrying such person aspassenger on board the same, but a certificate shall be prepared andsigned by the consul or consular agent of the United States residingat the port from which such vessel may take her, departure, containingthe name of such person, and setting forth the fact of his voluntaryemigration from such port, which certificate shall be given to themaster of such vessel; and the same shall not be given until such consulor consular agent is first personally satisfied by evidence of the truthof the facts therein contained.'

[SEC. 2163. The President is empowered; in such way and at suchtime as he may judge proper, to direct the vessels of the United States,and the masters and commanders thereof, to examine all vesselsnavigated or owned in whole or in part by citizens of the United States,and registered, enrolled, or licensed under the laws thereof, whenever,in the judgment of such master or commanding officer, reasonablecause exists to believe that such vessel has on board any subjects ofChina, Japan, or other oriental country, known as "coolies;" and,upon sufficient proof that such vessel is employed in violation of thepreceding provisions, to cause her to be carried, with her officers andcrew, into any port or district within the United States, and deliveredto the marshal of such district, to be held and disposed of accordingto law.]SECTIONS 1, 2, AND 4 OF THE ACT OF MARCH 3, 1875 (CH. 141, 18

STAT. 477)[That, in determining whether the immigration of any subject of

China, Japan, or any oriental country,- to the United States, is freeand voluntary, as provided by section two thousand one hundred andsixty-two of the Revised Code, title "Immigration," it shall be theduty of the consul-general or consul of the United States residing atthe port from which it is proposed to convey such subjects, in anyvessels enrolled or licensed in the United States, or any port withinthe same, before delivering to, the masters of any such vessels thepermit or certificate provided for in such section, to ascertain whethersuch immigrant has entered into a contract or agreement for a termof service within the United States, for lewd and immoral purposes;and if there be such contract or agreement, the said consul-general orconsul shall not deliver the required permit or certificate.

[SEC. 2. That if any citizen of the United States, or other personamenable to the laws of the United States, shall take, or cause to betaken or transported, to or from the United States any subject ofChina, Japan, or any oriental country, without their free and voluntaryconsent, for the purpose of holding them to a term of service, suchcitizen or other person shall be liable to be indicted therefor, and, onconviction of such offense, shall be punished by a fine not exceedingtwo thousand dollars and be imprisoned not exceeding one year; andall contracts and aggreements fora term of service of such perso, in theUnited States, whether made in advance or in pursuance of such illegalimportation, and whether such importation shall have, been.in Ameri-can or other vessels, are hereby declared void.

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REPEALING THE "COOLY TRADE" LAWS 5

[SEC. 4. That if any person shall knowingly and willfully contract,or attempt to contract, in advance or in pursuance of such illegalimportation, to supply to another the labor of any cooly or other personbrought into the United States in violation of section two thousand onehundred and fifty-eight of the Revised Statutes, or of any other sec-tion of the laws prohibiting the cooly-trade or of this act, such personshall be deemed guilty of a felony, and, upon conviction thereof, in anyUnited States court, shall be fined in a sum not exceeding five hundreddollars and imprisoned for a term not exceeding one year.]

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