Page:Immigration and the Commissioners of Emigration of the state of New York.djvu/221

Rh of these crimes against humanity, and that, in the majority of cases, the institution of legal proceedings for redress, and the prosecution of the guilty parties, is almost an impossibility.

Much of the suffering, disease, and death on board of emigrant ships could have been prevented, and a recurrence of such abhorrent scenes might hereafter be avoided, by proper enactments of Congress, enforced by suitable penalties.

We would therefore propose to petition Congress for an amendment of the Emigrant Passengers Act, of March 3, 1855, enacted by Congress on the representation of the Commissioners of Emigration of this State, incorporating into the same the following provisions:

I. .—Thus far there is no law requiring it in the statute-book of the United States. The failure to have on board a physician, whose skill and good character should be fully vouched for by unquestionable evidence, should be punished by the infliction of a penalty of at least $5,000, one-half of such penalty to be paid over to the passengers pro rata, and the other half to the Collector of the Customs at the port of New York for the benefit of the Emigrant Fund.

II. .—In case of contravention, the penalty should be at least $5,000; and, in addition, passengers roomed in the orlop-deck should have double the amount of their passage money refunded.

III. .—With a view to protecting emigrants against the rapacity of ship-owners, the 14th section of the present law requires the payment of $10, as a penalty, for every passenger, other than cabin passengers, and over the age of eight years, who shall have died on the voyage from natural disease; for the non-payment of which penalty within twenty-four hours after arrival, a further penalty of $50 is imposed, to be recovered by the United States in any Circuit or District Court. Under this wording of the law, no particular officer of the United States appears to be authorized to prosecute or enforce the collection, and consequently many of the penalties are not paid, and the law, to some extent, becomes a dead letter. We would, therefore, suggest that the section be amended for this port by authorizing and directing a prosecution by the District Attorney of the Southern District, on complaint being made by the Commissioners of Emigration of the State, and making such penalties a lien on the ship or vessel, and the owner or consignee liable therefor.

IV. .

V.

As to the two latter provisions, we would state that the efforts which have been made by legislation at Washington and at Albany to protect the lives and health of emigrant passengers from the rapacity of ship-owners have been