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STEERAGE LEGISLATION, 1819 TO 1908.

CHAPTER I.

PERIOD OF THE SAILING VESSEL, 1819 TO 1855.

Prior to the year 1819 there were no United States laws governing or regulating in any manner ocean passenger traffic, either going from or coming to American ports. As a result abuses were permitted and practiced on transporting vessels that caused distress, disease, and death, especially among emigrants bound for America. From the beginning of the movement of population from Europe to the New World, suffering and death were common on emigrant ships. Among the earlier instances recorded was that of 3,000 Palatines forwarded in 1710 by England to New York, 470 of whom died on the voyage, and and 250 soon after their arrival, of ship fever. There is also a gruesome account given by a Moravian missionary to the Indians of experiences on a ship which sailed in 1731 for America from Rotterdam, with 156 emigrants. She was bound for Philadelphia via Falmouth. After delaying her departure from the first port for three weeks, she stayed for an equal period at Falmouth, and although victualed in the beginning of her voyage for only twelve weeks, no fresh supplies were taken on board. When she had been at sea eight weeks, the passengers were put on short allowance, and during the last four weeks of their journey they were unable to obtain bread. Finally, they were paying 18 pence for a rat, and 6 pence for a mouse, to such extremities had they been reduced. The captain, it seems, believed the passengers had considerable money and valuables with them. Thinking he might profit by it, he endeavored to reduce them to a state of starvation, and succeeded so well that of the 156 passengers only 48 reached America. If the passengers had not revolted, arrested the captain, and put in at a Rhode Island port after a voyage of twentyfive weeks, probably not a single passenger would have been landed. In the earlier days of the Republic the emigration movement from Europe to the United States was small. It is estimated that from 1784 to 1794 the yearly immigration averaged about 4,000, and between 1794 and 1810 not more than 6,000 per year. Unfriendly relations existing between the United States and Great Britain greatly decreased the migration between 1810 and 1816, but soon after the declaration of peace, an unprecedented emigration movement from Europe to the United States occurred. It is estimated that no less than 20,000 persons arrived in 1817. This greatly increased number

a United States Bureau of Statistics. "Immigration into the United States, 1820 to 1903," p. 1.

of passengers coming upon a class of vessels totally unfit for such service even under normal conditions and completely unrestricted by any law on this side was responsible for indescribable suffering and great mortality. Upon the increased demand for transportation to the United States following the close of the second war with England, many vessels which had originally been constructed solely for the purpose of transporting freight were hurriedly transformed into emigrant passenger vessels, that they might enjoy some of the profits of a business. that had become lucrative. This, together with the fact that excessive overcrowding was practiced by all vessels, rendered the condition of emigrants at sea almost unbearable. It was hardly to be expected that these vessels would be voluntarily transformed in such a way as to sacrifice carrying capacity for the sake of making them reasonably habitable.

For many years ships of one and two decks were most frequently used. Six feet was an extraordinary height for a steerage deck, the common height being from 4 to 5 feet. The lower or orlop deck," also used for passengers, was little better than a black hole. During the stormy weather, which often prevailed on the long voyages, the hatches were battened down, shutting off from the first betweendeck practically every vestige of daylight and ventilation, and leaving the orlop deck in a condition of darkness and foulness of atmosphere which defies description. It was customary for passengers to supply themselves with food for the voyage, and it frequently resulted that through their ignorance of everything connected with a sea voyage they failed to provide a sufficient quantity. On finding themselves short of food they had either to pay exorbitant prices for supplies from the ship's store or, lacking the necessary money, to borrow or steal from their more fortunate companions.

In the smaller vessels immigrants were usually accommodated on a temporary deck built over the cargo, upon which unstable foundation the passengers spread their bedding and secured their household goods as best they could. Even in the better ships their lot was hardly more favorable. They were usually forced to share the deck with objectionable cargo, such as ill-smelling bundles of green hides.

The position of steerage passengers was made all the more insecure because the captains and owners had no personal interest in their welfare. It was the custom to sell steerage room to agents who dealt directly with those desiring passage. To crowd as many as possible into the available space on the terms most advantageous to themselves, was, naturally, the ambition of these agents, and, once out of sight of land, the emigrants were left without redress of any kind if they found that they had been defrauded.

UNITED STATES PASSENGER ACT OF 1819.

Probably the immediate causes of the legislative interference of 1819 were the reports of the sufferings and privations to which emigrants had been subjected on board ship during the years following the close of the second war with Great Britain, and especially during 1817 and 1818.

"The lowest deck of a vessel of three decks; a temporary deck.—Webster.

In presenting to the upper House of Congress the bill which resulted in the law of 1819, Senator Newton, of Virginia, said in part:

In consequence of the anxiety to emigrate from Europe to this country, the captains, sure of a freight, were careless of taking the necessary quantity of provisions or of restricting the number of passengers to the convenience which their ships afforded. In the year 1817, 5,000 had sailed for this country from Antwerp, of whom 1,000 died on the voyage. In one instance a captain had sailed from a European port with 1,267 passengers. On his voyage he put into Texel, previous to doing which 400 had died. After being on the passage to our shores, before the vessel arrived at Philadelphia, 300 more had died. The remainder, when the vessel reached New Castle, were in a very emaciated state from the want of water and food, from which many of them afterwards died.

Senator Newton further said that the purpose of the bill was "to give to those who go and come in passenger vessels a security of comfort and convenience."

This bill, which became a law March 2, 1819," contained provisions intended to regulate the number of passengers to be carried on each vessel and to provide for the sufficient and proper victualing of each vessel leaving a port in the United States. By this act each ship was limited to carry only two passengers to every 5 tons "of such ship or vessel's weight;" but the ship's crew was not included in this count. Each ship or vessel leaving an American port was to have on board for each passenger carried 60 gallons of water, 1 gallon of vinegar, 100 pounds of salted provisions, and 100 pounds of wholesome ship bread. The master of a ship was required to deliver to the collector of customs at the port of arrival a list or manifest of all passengers taken on board at a foreign port such list or manifest to contain the age, sex, and occupation of said passengers, the country to which they belonged and that of which it was their intention to become inhabitants. This provision of the law marked the beginning of statistics relative to immigration to the United States.

Fortwenty-seven years this law was in effect, but just how much good resulted from its operation and what real benefits it conferred on the emigrant passenger are matters of doubt. Certain it is that the chief object sought by its advocates in Congress, namely, "a security of comfort and convenience," was not realized in any appreciable degree. Eliminating for the time being such vessels as left United States ports with passengers for Europe, and considering only such as brought passengers to this country, it will be seen that the benefit to the individual emigrant resulting from the operation of the law amounted to little. By the limiting of the number of passengers according to the total tonnage of the ship rather than according to the tonnage capacity of the steerage, the emigrant was left as badly off in the matter of space as before. A ship of 1,000 tons, with a steerage of only 500 tons, could accommodate within the latter space no less than 400 persons, and as there was no provision that this space should be free of objectionable cargo, the individual was subjected to the old inconveniences in this regard without violation of the letter of the law. It is hard to see, moreover, what particular benefit resulted to immigrants from the provisions of the section relating to the amount of food supplies to be carried. These provisions concerned only vessels sailing from United States ports, and so did not compel the proper victualing of vessels coming to this country with passengers from foreign ports.

"Appendix A, p. 395.

In summing up the effects of the law of 1819 it may be said that (1) It protected passengers on ships leaving this country for Europe, but not those leaving Europe for this country, from danger of death by starvation; (2) it restricted somewhat the number of passengers on all vessels, either coming or going; (3) it laid the foundation of the data which have since been collected with regard to immigration into the United States. During the earlier operation of this law it stood practically alone, only one other country having legislated on the subject. This fact may, partially at least, account for the apparent failure of the act of 1819 to show any marked beneficial results.

sea.

EARLY PASSENGER LAWS OF OTHER COUNTRIES.

In the same connection it is interesting to note the development in European countries of laws regulating the carriage of passengers at During the period under consideration, by far the greater number of European emigrants to America sailed from British ports, and consequently the English laws regulating the carriage of passengers at sea were of great importance to the United States. Because of this act the English laws are discussed more in detail than are those of other maritime countries of Europe.

GREAT BRITAIN.

England preceded the United States by ten years in the matter of enacting passenger legislation, having passed a law upon that subject

in 1809.a

By this act, the number to be carried, including the crew, was limited to one person for every 2 tons of the clear part of the ship, in a British vessel, and to two persons for every 5 tons, in a foreign ship. Vessels bound to North America were required to be provisioned for twelve weeks, so as to afford a daily allowance for each person of onehalf pound of meat, 1 pounds of biscuit or oatmeal, one-half pint of molasses, and 1 gallon of water. Regulations were prescribed for mustering the passengers and for promoting cleanliness on the voyage, and a surgeon was to be carried. Bond was to be given by the owners or masters for the seaworthiness of the ship and the delivery of the passengers at their destined port.

In 1817 this act was repealed in respect to British North America, and the number of passengers was limited to one passenger for every. 24 tons burden, and for ships partly loaded with goods this proportion was for the clear part only. For the first time, a distinction in computation was made between children and adults, three children under 14 being reckoned, where space was concerned, as one adult.

All preceding acts were repealed in 1823, and their principal provisions were embodied in a new law which decreed that vessels should not carry from British ports to any place out of Europe a greater number of persons, including master and crew, than one for every 5 tons, without special permission or license from the commissioners of customs, which would be granted only to British vessels having 2 decks, with at least 5 feet 6 inches in height between them. Vessels carrying freight were permitted to take passengers in the

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