Carriage of Passengers Act of 1855

Last updated
Carriage of Passengers Act of 1855
Great Seal of the United States (obverse).svg
Long titleAn Act to regulate the carriage of passengers in steamships and other vessels.
NicknamesPassenger Act of 1855
Enacted bythe 33rd United States Congress
EffectiveMarch 3, 1855
Citations
Public law Pub.L.   33–213
Statutes at Large 10  Stat.   715, Chap. 213
Legislative history

The Carriage of Passengers Act of 1855 (full name An Act further to regulate the Carriage of Passengers in Steamships and other Vessels) was an act passed by the United States federal government on March 3, 1855, replacing the previous Steerage Act of 1819 (also known as the Manifest of Immigrants Act) and a number of acts passed between 1847 and 1849 with new regulations on the conditions of sea transportation used by passenger ships landing in the United States. [1] [2] [3] [4] [5] The law was passed by the 33rd United States Congress and signed into law by President Franklin Pierce. [6] [2]

Contents

Historical context

Steerage Act of 1819

On March 2, 1819, the United States government passed the first legislation regulating the conditions of sea transportation for migrants. The legislation is known as the Steerage Act of 1819 and also as the Manifest of Immigrants Act, the latter name because one of its provisions was a requirement for ships to submit a manifest of immigrants on board. [7] [8] [9]

Disease outbreaks attributed to migrants and overcrowding of migrant ships

As industrialization and urbanization took hold in both the United States and Europe, new, contagious diseases such as cholera, typhus, and typhoid began to rise in prominence in both United States and Europe. [10] [11]

The 1829–51 cholera pandemic that originated in India and reached the United Kingdom in 1831 arrived in New York City in the United States in 1832, likely via ships carrying migrants across the Atlantic, leading to a cholera epidemic in that year. Subsequently, cholera spread to Philadelphia and Detroit. [10] [12]

New York City, a hub of industrialization and also a landing point for many migrants from Europe, saw further disease outbreaks: a typhoid epidemic in 1837 and a typhus epidemic in 1842. The latter epidemic killed the four-year-old son, Frank Robert, of Franklin Pierce, who would later be President of the United States when the Carriage of Passengers Act would pass. [2] [13]

Starting around 1845, Ireland experienced a Great Famine leading to a huge amount of emigration. The migrants, many of them on the verge of death, with no money and no food, were packed very densely into ships headed across the Atlantic Ocean to the North America. The conditions on the ships were so bad that they came to be known as coffin ships. [14] [15] [16] [17]

The Irish emigration, and in particular the cramped and unhygienic conditions of transportation, were believed to be a major factor in causing the 1847 North American typhus epidemic. [18] The epidemic primarily affected Canada but also spread somewhat in New York City. [19]

Steps leading up to passage of the Act

In order to prevent the spread of diseases on board, a number of pieces of legislation were passed adding new regulations to the condition of travel in a piecemeal fashion, starting 1847. Some of the main Acts and amendments are listed below: [6]

In 1853, Hamilton Fish, a Republican senator from New York, called for a select committee to "consider the causes and the extent of the sickness and mortality prevailing on board of emigrant ships" and to determine what further legislation might be necessary. With support from President Franklin Pierce, the 33rd United States Congress passed the Carriage of Passengers Act on March 3, 1855. [2] The Act repealed and replaced the Steerage Act of 1819 as well as the five acts listed above, consolidating and expanding on the regulations in the various Acts. [6]

Provisions

Section 1: Density limits

Section 1 of the law dealt with limits to the density of passengers on the ship, as well as penalties for failing to abide by the limits. Specifically, the limits were as follows: [6]

Section 2: Berths

Section 2 of the law dealt with the number of design of berths:

Section 3: House over passageway, hand-rail, and booby hatches

Section 3 of the law dealt with some miscellaneous design matters:

Section 4: Ventilators

Section 5: Camboose or cooking range

Section 6: Provisions (food)

Section 7: Discipline and cleanliness, and privies

Section 8: Penalties for violations of Sections 3, 4, 5, and 7

Section 9: Inspectors of passenger vehicles

The collector of customs at the United States port where the ship arrives or from which the ship departs must appoint and direct one or more inspectors of customs to examine the ship. The inspector must submit a report in writing to the collector regarding the ship's compliance with the rules. If the report states compliance, this is treated as prima facie evidence of compliance.

Section 10: Supersedes Steamship Act of 1852

Due to the overlap in score with the Steamship Act of August 13, 1852, the Act was explicitly specified as superseding that earlier Act.

Section 11: Vessels bound to and from Pacific ports

For vessels bound to and from Pacific ports, all the sections of the Act apply except Section 6 (specifying food and water provisions). However, a sufficient daily supply of water and enough well-cooked food must still be supplied by the owner and master of the vessel to all passengers, and the same penalties as in Section 6 apply for failure to meet these requirements.

Sections 12 and 13: Lists of passengers

The requirements in this section updated the requirements of Sections 4 and 5 of the Steerage Act of 1819, with significantly more reporting requirements. Upon arrival, the captain of the ship must submit, along with a manifest of the cargo (if any) or a report of the ship's arrival, a manifest of all passengers who boarded the ship at any foreign port, along with the following data for each passenger:

Refusal or neglect to comply with any of the reporting requirements incurs the same penalties as refusal or neglect to submit a manifest at all.

The collector of customs must submit quarterly reports to the Secretary of State with all the manifests submitted in that quarter.

Section 14: Payments for deaths on board

Section 15: Recovery of penalties

Section 16: Applicability to vessels carrying colored immigrants

Every vessel that shall or may be employed by the American Colonization Society or the Colonization Society of any state to transport from a United States port to a West African port is subject to the regulations of this Act.

Section 17: Collection of data by collector

The collector of customs at a port shall examine each ship or vessel, on its arrival at the port, and ascertain and report to the Secretary of State the following:

Section 18: Active for ships departing after thirty days of becoming law

The Act would apply to all ships that depart thirty days after the Act is official.

Section 19: Repeal of Steerage Act and its modifications

The Steerage Act of 1819 (passed March 2, 1819) and the five Acts related to the conditions of passenger vessels passed since 1847 become inactive on the date the current Act becomes active. However, prosecution and recovery of damages related to these Acts for violations when they were active can continue even after their repeal.

However, the Secretary of the Treasury may, at discretion, discontinue prosecutions based on these past Acts.

Subsequent changes and events

Court cases and interpretations

In 1856, the (now defunct) United States District Court for the District of California had to decide a case based on regulations in the Carriage of Passengers Act. In order to help the jury evaluate the case, the judge, Matthew Hall McAllister (who had been appointed to the post on March 2, 1855 by President Franklin Pierce), issued guidance on the law. [5]

Act of July 4, 1864

On July 4, 1864, under the 38th United States Congress and President Abraham Lincoln, an Act amending the Carriage of Passengers Act was passed. The Act was titled An Act further to regulate the Carriage of Passengers in Steamships and other Vessels. It primarily dealt with the applicability of provisions of the Carriage of Passengers Act to ships arriving in Mexico and Central America. It also specified that informers about violations of the Act were entitled to half the penalties. [21]

Carriage of Passengers Act of 1882

On August 2, 1882, a further Carriage of Passengers Act was passed, updating the regulations in light of recent advanced in shipbuilding that made better conditions of travel more economically feasible. [1] [2] [22] There continued to be pressure from American medical bodies, such as the American Medical Association, to strengthen the regulations on the conditions of travel. [23]

See also

Immigration Act of 1882
Immigration Act of 1891

Related Research Articles

SS <i>Savannah</i> Hybrid sailing/steampowered ship built in 1818; first steamship to cross the Atlantic

SS Savannah was an American hybrid sailing ship/sidewheel steamer built in 1818. She was the first steamship to cross the Atlantic Ocean, transiting mainly under sail power from May to June 1819. In spite of this historic voyage, the great space taken up by her large engine and its fuel at the expense of cargo, and the public's anxiety over embracing her revolutionary steam power, kept Savannah from being a commercial success as a steamship. Originally laid down as a sailing packet, she was, following a severe and unrelated reversal of the financial fortunes of her owners, converted back into a sailing ship shortly after returning from Europe.

SS <i>Dorchester</i> World War II troop ship

Dorchester was a coastal passenger steamship requisitioned and operated by the War Shipping Administration (WSA) in January 1942 for wartime use as a troop ship allocated to United States Army requirements. The ship was operated for WSA by its agent Atlantic, Gulf & West Indies Steamship Lines (Agwilines). The ship was in convoy SG 19 from New York to Greenland transiting the Labrador Sea when it was torpedoed by a German U-boat on February 3, 1943. The ship sank with loss of 674 of the 904 on board with one of the 230 survivors lost after rescue. The story of four Army chaplains, known as the "Four Chaplains" or the "Immortal Chaplains," who all gave away their life jackets to save others before they died, gained fame and led to many memorials.

Steerage is a term for the lowest category of passenger accommodation in a ship. In the nineteenth and early twentieth century considerable numbers of persons travelled from their homeland to seek a new life elsewhere, in many cases North America and Australia. Many of those people were destitute in their homeland and had the minimum of resources to procure transportation. The term later widened to imply the lowest category of accommodation on a passenger vessel.

<i>Marco Polo</i> (1851 ship)

Marco Polo was a three-masted wooden clipper ship, launched in 1851 at Saint John, New Brunswick. She was named after Venetian traveler Marco Polo. The ship carried emigrants and passengers to Australia and was the first vessel to make the round trip from Liverpool in under six months. Later in her career, the ship was used as a cargo ship before running aground off Cavendish, Prince Edward Island, in 1883.

SS <i>City of Glasgow</i>

SS City of Glasgow of 1850 was a single-screw passenger steamship of the Inman Line, which disappeared en route from Liverpool to Philadelphia in January 1854 with 480 passengers and crew. Based on ideas pioneered by Isambard Kingdom Brunel's SS Great Britain of 1845, City of Glasgow established that Atlantic steamships could be operated profitably without government subsidy. After a refit in 1852, she was also the first Atlantic steamship to carry steerage passengers, representing a significant improvement in the conditions experienced by immigrants. In March 1854 City of Glasgow vanished at sea with no known survivors.

The Maritime Transportation Security Act of 2002 (MTSA) is an Act of Congress enacted by the 107th United States Congress to address port and waterway security. It was signed into law by President George W. Bush on November 25, 2002.

Sea captain Commander of a ship or other sea-going vessel

A sea captain, ship's captain, captain, master, or shipmaster, is a high-grade licensed mariner who holds ultimate command and responsibility of a merchant vessel. The captain is responsible for the safe and efficient operation of the ship, including its seaworthiness, safety and security, cargo operations, navigation, crew management, and legal compliance, and for the persons and cargo on board.

An ordinary seaman (OS) is a member of the deck department of a ship. The position is an apprenticeship to become an able seaman, and has been for centuries. In modern times, an OS is required to work on a ship for a specific amount of time, gaining what is referred to as "sea time". For centuries, the term ordinary seaman was used to refer to a seaman with between one and two years' experience at sea, who showed enough seamanship to be so rated by their captain. Historically in some navies and the merchant marine a sailor with less experience was called a landsman.

John Grubb Richardson

John Grubb Richardson was an Irish linen merchant, industrialist and philanthropist who founded the model village of Bessbrook near Newry in 1845, in what is now Northern Ireland. Five years later he founded a major Atlantic steamship line that significantly improved conditions for immigrant passengers fleeing Ireland after the Great Famine. He also founded Richardson Fertilizer Limited that remained in business under its original name until 2002.

Smith v. Turner; Norris v. Boston, 48 U.S. 283 (1849), were two similar cases, argued together before the United States Supreme Court, which decided 5-4 that states do not have the right to impose a tax that is determined by the number of passengers of a designated category on board a ship and/or disembarking into the State. The cases are sometimes called the Passenger Case or Passenger Cases.

SS <i>Manchuria</i> (1903)

SS Manchuria was a passenger and cargo liner launched 1903 for the San Francisco-trans Pacific service of the Pacific Mail Steamship Company. During World War I the ship was commissioned 25 April 1918–11 September 1919 for United States Navy service as USS Manchuria (ID-1633). After return to civilian service the ship was acquired by the Dollar Steamship Line in 1928 until that line suffered financial difficulties in 1938 and ownership of Manchuria was taken over by the United States Maritime Commission which chartered the ship to American President Lines which operated her as President Johnson. During World War II she operated as a War Shipping Administration transport with American President Lines its agent allocated to United States Army requirements. After World War II, she was returned to American President Lines, sold and renamed Santa Cruz. The liner was scrapped in Italy in 1952.

SS <i>Monroe</i> (1902)

SS Monroe was an Old Dominion Steamship Company steamship launched 18 October 1902 and completed 3 April 1903 by Newport News Shipbuilding of Norfolk, Virginia for operation in the company's Old Dominion Line's "Main Line Division" for overnight service between New York and Norfolk and could make 16 knots (30 km/h). The ship had accommodations for 150 first class, 78 steerage and 53 deck passengers. That service was between New York pier 26, North River, and Norfolk connecting with the line's "Virginia Division" steamers, including Old Dominion's "Night Line Steamers" Berkley and Brandon serving Richmond with overnight service to Norfolk, other steamer lines and rail lines serving the Chesapeake Bay area. The Monroe was struck at about 2 a.m. on 30 January 1914 by the southbound steamer Nantucket and sank with loss of forty-one lives.

SS <i>Utopia</i> British transatlantic passenger steamship (1874-1900)

SS Utopia was a transatlantic passenger steamship built in 1874 by Robert Duncan & Co of Glasgow. From 1874 to 1882 she operated on Anchor Line routes from Glasgow to New York City, from Glasgow to Bombay and from London to New York City. After 1882 she carried Italian immigrants to the United States.

Philip Laing is a 19th-century sailing ship best known as the second immigrant ship to arrive in Dunedin, New Zealand, on 15 April 1848. Chartered by the New Zealand Company for this voyage the ship was carrying Scottish settlers, under the charge of the Rev. Dr. Thomas Burns.

Steerage Act of 1819

The Steerage Act of 1819, also called the Manifest of Immigrants Act, was an Act passed by the United States federal government on March 2, 1819, effective January 1, 1820. Its full name is An Act regulating passenger ships and vessels. It was the first law in the United States regulating the conditions of transportation used by people arriving and departing by sea. In addition to regulating conditions in ships, the act also required ship captains to deliver and report a list of passengers with their demographic information to the district collector. The Act was passed near the end of the term of the fifteenth United States Congress and signed into law by then United States President James Monroe. The Act was augmented by many additional Acts starting 1847 and finally repealed and superseded by the Carriage of Passengers Act of 1855. At the time of passage of the Act, the United States had no laws restricting immigration. In fact, the first federal legislation regulating immigration, the Page Act of 1875, was over 50 years in the future.

Immigration Act of 1891

The Immigration Act of 1891, also known as the 1891 Immigration Act, was a modification of the Immigration Act of 1882, focusing on immigration rules and enforcement mechanisms for foreigners arriving from countries other than China. It was the second major federal legislation related to the mechanisms and authority of immigration enforcement, the first being the Immigration Act of 1882. The law was passed on March 3, 1891, at the end of the term of the 51st United States Congress, and signed into law by then United States President Benjamin Harrison.

The Immigration Act, 1869 was the first immigration act passed by the Government of Canada after Canadian Confederation.

Passenger Act of 1882

Passenger Act of 1882 is a United States federal statute establishing occupancy control regulations for seafaring passenger ships completing Atlantic and Pacific transoceanic crossings to America during the late 19th century and early 20th century. The Act of Congress sanctioned vessel compartment dimensions in cubic feet comparable to the level within a ship's deck. The public law authorized the numerical serialization of berths which were subject to compartment occupancy inspections of emigrants and ocean liner passengers. The Law of the United States accentuated and endorsed a regulatory clause stating no person, on arrival of a vessel in a port, will be allowed to go aboard a passenger ship necessitating a bow to stern inspection.

The Epidemic Diseases Act, 1897 is a law which was first enacted to tackle bubonic plague in Mumbai in former British India. The law is meant for containment of epidemics by providing special powers that are required for the implementation of containment measures to control the spread of the disease.

<i>Patrick Henry</i> (packet) 19th-century square-rigged sailing ship

The Patrick Henry (packet) was a three-masted, square-rigged, merchant-class, sailing packet ship that transported mail, newspapers, merchandise and thousands of people from 1839 to 1864, during the Golden Age of Sail, primarily between Liverpool and New York City, as well as produce, grains and clothing to aid in humanitarian efforts during an Gorta Mór.

References

  1. 1 2 John Powell (2009). Encyclopedia of North American Immigration. pp. 51–52. ISBN   9781438110127 . Retrieved January 29, 2017.
  2. 1 2 3 4 5 "Carriage of Passengers Act (United States) (1855)". Immigration to North America. Retrieved January 23, 2017.
  3. Niebrugge, Jesse. "1855 Passenger Act (An act to regulate the carriage of passengers in steamships and other vessels)". library.uwb.edu. Retrieved January 23, 2017.
  4. "An Act to Regulate the Carriage of Passengers in Steamships and other Vessels" (PDF). Library of Congress. March 3, 1855. Retrieved January 23, 2017.
  5. 1 2 "Passenger Act of March 3, 1855: Carriers of Passengers - Vessels - Limitations as to number and space allowed" (PDF). Retrieved January 23, 2017.
  6. 1 2 3 4 "An Act to Regulate the Carriage of Passengers in Steamships and other Vessels" (PDF). Retrieved January 29, 2017.
  7. "Manifest of Immigrants Act (United States) (1819)". Immigration to North America. Retrieved March 2, 2016.
  8. "Steerage Act of 1819" . Retrieved March 2, 2016.
  9. LeMay, Michael (2006). Guarding the Gates: Immigration and National Security. ISBN   9780275992941.
  10. 1 2 Doulas, Laurelyn (January 29, 2017). "Health and Hygiene in the Nineteenth Century". Victorian Web.
  11. Zinn, Howard; Emery, Kathy; Reeves, Ellen (August 2003). People's History of the United States: Teaching Edition Abridged. ISBN   9781595586643.
  12. "Cholera's seven pandemics". Canadian Broadcasting Corporation . December 2, 2008. Retrieved 2008-12-11.
    Note: The second pandemic started in India and reached Russia by 1830, then spreading into Finland and Poland. A two-year outbreak began in England in October 1831 and claimed 22,000 lives. Irish immigrants fleeing poverty and the Great Famine, carried the disease from Europe to North America. Soon after the immigrants' arrival in Canada in the summer of 1832, 1,220 people died in Montreal and another 1,000 across Quebec. The disease entered the U.S. via ship traffic through Detroit and New York City. Spread by ship passengers, it reached Latin America by 1833. Another outbreak across England and Wales began in 1848, killing 52,000 over two years.
  13. Wallner (2004), pp. 241–44.
  14. "Early Emigrant Letter Stories". eligrantletters.com.
  15. Hickey, D.J.; J. E. Doherty (1980). A dictionary of Irish history since 1800. Barnes & Noble. p. 80. ISBN   978-0-389-20160-1.
  16. Wakin, Edward (2001). Enter the Irish-American. iUniverse. p. 29. ISBN   978-0-595-22730-3.
  17. Davis, John H (1992). The Kennedys: dynasty and disaster. S.P.I. Books. p. 11. ISBN   978-1-56171-060-7.
  18. Gallagher, The Reverend John A. (1936). "The Fever Fleet - The Irish Emigration of 1847 and Its Canadian Consequences". CCHA Report, University of Manitoba Website. Retrieved 23 March 2008.
  19. Arthur L. Gelston; Thomas C. Jones (December 1977). "Typhus Fever: The Report of an Epidemic in New York City in 1847". Journal of Infectious Diseases . 136 (6): 813–821. doi:10.1093/infdis/136.6.813. JSTOR   30107065. PMID   336803.
  20. 1 2 "1819 Steerage Act (An act regulating passenger ships and vessels)" . Retrieved March 8, 2016.
  21. "An Act further to regulate the Carriage of Passengers in Steamships and other Vessels ~ P.L. 38-249" (PDF). 13 Stat. 390. U.S. Library of Congress. July 4, 1864. Retrieved January 29, 2017.
  22. "Passenger Act, 1882 - P.L. 47-374" (PDF). 22 Stat. 186 - House Bill 6722. LEGIS★WORKS. August 2, 1882. Archived from the original (PDF) on October 11, 2015. Retrieved December 17, 2018.
  23. "American Medical Association praying certain legislation for the better protection of the health and lives of immigrants on board passenger vessels; Congressional Series of United States Public Documents". 1888. Retrieved January 29, 2017.