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1974/10/20 S2220 Repeal of "Cooley Trade" Laws
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1974/10/20 S2220 Repeal of "Cooley Trade" Laws
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The original documents are located in Box 10, folder "10/20/74 S2220 Repeal of "Cooley Trade" Laws" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. APPROVED OCT20 Digitized from the White House Records Office: Case Legislation Files at the Gerald R. Ford Presidential Library EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 OCT 11 1974 Patel (o plahoma) MEMORANDUM FOR THE PRESIDENT 12% Subject: Enrolled Bill S. 2220 - Repeal of "cooly trade" laws Jo Cerchir Sponsor - Sen. Fong (R) Hawaii and 4 others 10/21 Last Day for Action October 21, 1974 - Monday Purpose To repeal "cooly trade" laws which are no longer necessary. Agency Recommendations Office of Management and Budget Approval Department of State Approval (Informally) Department of Justice No objection Commission on Civil Rights No objection (Informally) Discussion The "cooly trade" laws were enacted in 1862 and 1875 to correct the practice of exploiting Chinese, Japanese, and other "oriental persons." At that time such persons were procured abroad for importation into the United States under labor contracts. The practice violated individual rights and upset working conditions in areas to which the people were imported. In reporting on this legislation, the Department of Justice made the following pertinent comment: "The statutes in question are outmoded and have no usefulness; the problems which caused their enactment no longer exist. This bill would be an expression by BERALD FORD LIBRARY 2 Congress of a realization of that fact and removal of the statutes from the books would be in the interest of better understanding between the United States and Oriental countries. " nafred H Ronnel neefred W Assistant Director for Legislative Reference Enclosures ASSISTANT ATTORNEY GENERAL LEGISLATIVE AFFAIRS Department of Justice Washington, D.C. 20530 OCT 11 1974 Honorable Roy L. Ash Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Ash: In compliance with your request, I have examined a facsimile of the enrolled bill S. 2220, "To repeal the 'cooly trade' laws." S. 2220 would repeal sections 2158-2163 of the Revised Statutes, and sections 1, 2, and 4 of the Act of March 3, 1875, 8 U.S.C. 331-339, which are commonly known as "cooly trade" laws. These laws are penal in nature and prohibit the procuring, transportation, disposition, sale or transfer of Oriental persons for the purpose of holding them in service as servants or apprentices. The statutes in question are outmoded and have no usefulness; the problems which caused their enactment no longer exist. This bill would be an expression by Congress of a realization of that fact and removal of the statutes from the books would be in the interest of better understanding between the United States and Oriental countries. The Department of Justice has no objection to the enactment of this legislation. Sincerely, To Rakestraw W. Vincent Rakestraw Assistant Attorney General & FORD GERALD LIBRARY THE WHITE HOUSE ACTION WASHINGTON Last Day - October 21 October 18, 1974 MEMORANDUM FOR: THE PRESIDENT FROM: KEN COLE SUBJECT: Enrolled Bill S. 2220 Repeal of "cooly trade" laws Attached for your consideration is Senate bill, S. 2220, sponsored by Senator Fong, for repeal of the "cooly trade" laws which are no longer necessary. Roy Ash recommends approval and provides you with back- ground information in his enrolled bill report (Tab A). We have checked with the Counsel's office (Chapman), the NSC, and Bill Timmons who also recommend approval. RECOMMENDATION That you sign Senate bill S. 2220 (Tab B). DEPARTMENT OF STATE Washington, D.C. 20520 OCT 15 1974 Honorable Roy L. Ash Director Office of Management and Budget Washington, D. C. Dear Mr. Ash: I refer to the request of October 9, 1974, from Mr. Rommel of your Office for the Department's views on the enrolled bill S.2220, "An act to repeal the 'cooly trade' laws. " This bill would repeal certain provisions, codified in 8 U.S.C. 331-339, which relate to the regulation of the conditions of importation of Chinese "cooly labor" into the United States and which were rendered obsolete many years ago by subsequent legislation. The Department views these obsolete provisions of law as an anachronistic remnant of the racially discrimina- tory immigration policy followed by the United States in former times and recommends that the President approve this enrolled bill. Since the provisions are obsolete and have not been implemented for many years, their existence requires no expenditure of funds and their repeal would neither increase nor decrease expenditures in any way. Linwood Assistant Secretary for Congressional Relations UNITED STATES COMMISSION ON CIVIL RIGHTS WASHINGTON, D.C. 20425 STAFF DIRECTOR OCT 11 1974 Mr. W. H. Rommel Assistant Director for Legislative Reference Office of Management & Budget Washington, D.C. 20530 Dear Mr. Rommel: Please find enclosed, in response to your request of October 10, the position of the U.S. Commission on Civil Rights on S. 2220. The Commission expressed its views one year ago in a letter to Mr. Skidmore on the proposed repeal of the "cooly trade laws." Our view remains the same and we favor passage of S. 2220. Sincerely, JOHN A. BUGGS Staff Director Enclosure OCT 10 1973 Mr. William V. Skidmore Assistant Director for Legislative Reference Office of Management & Budget Washington, D. C. 20530 Dear Mr, Skidmore: This letter is in response to your request of September 14, 1973, for comment on S. 2220, "A bill to repeal the 'cooly trade' laws." The U.S. Commission on Civil Rights favors the objectives of this bill and supports its passage in the Congress. The protective features of the "cooly trade" law have been superceded by more recent civil rights laws, making these portions of the United States Code superfluous. In addition, repeal of the "cooly trade" laws would end the diseriminatory regulations imposed upon voluntary emigrants by the 1875 Act. The law currently requires special consular inquiry to determine the free and voluntary nature of immigration from certain Asian countries in contravention of laws which prohibit discrimination in immigration on the basis of race or national origin. Thus, in the Commission's view, passage of S. 2220 would serve to end a discriminatory policy of the U.S. Government and as such, we have no objections to the bill. Sincerely, JOHN A. BUGGS Staff Director Buggs/Blakey/ph/10-9-73 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET W Pm WASHINGTON, D.C. 20503 6 10/11/74 OCT 11 1974 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill S. 2220 - Repeal of "cooly trade" laws Spensor - Sen. Fong (R) Hawaii and 4 others Last Day for Action October 21, 1974 - Monday Purpose To repeal "cooly trade" laws which are no longer necessary. Agency Recemmendations Office of Management and Budget Approval Department of State Approval (Informally) Department of Justice No objection Commission on Civil Rights No objection - Discussion The "cooly trade" laws were enacted in 1862 and 1875 to correct the practice of exploiting Chinese, Japanese, and other "oriental persons." At that time such persons were presured abroad for importation into the United States under labor contrasts. The practice violated individual rights and upset working conditions in areas to which the people were imported. In reporting on this legislation, the Department of Justice made the following pertinent comment: "The statutes in question are outmoded and have no usefulness, the problems which caused their enactment no longer exist. This bill would be an expression by 2 Congress of a realization of that fact and removal of the statutes from the books would be in the interest of better understanding between the United States and Oriental countries." (signed) Willing II. Roumel Assistant Director for Legislative Reference Enclosures THE WHITE HOUSE WASHINGTON 10/11/14 TO: W. Handreds John R Ratchford THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO. 658 Date: October 15, 1974 Time: 10:00 a.m. FOR ACTION: Geoff Shepard cc (for information): Warren K. Hendriks Phil Buchen Jerry Jones Bill Timmons Paul Theis NSC/S FROM THE STAFF SECRETARY DUE: Date: October 17, 1974 Time: 2:00 p.m. SUBJECT: Enrolled Bill S. 2220 - Repeal of "cooly trade" laws ACTION REQUESTED: For Necessary Action XX For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: Please return to Kathy Tindle - West Wing PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 658 Date: October 15, 1974 Time: 10:00 a.m. FOR ACTION: Geoff Shepard CC (for information): Warren K. Hendriks Phil Buchen Jerry Jones Bill Timmons Paul Theis NSC/S FROM THE STAFF SECRETARY DUE: Date: October 17, 1974 Time: 2:00 p.m. SUBJECT: Enrolled Bill S. 2220 - Repeal of "cooly trade" laws ACTION REQUESTED: For Necessary Action XX For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: Please return to Kathy Tindle - West Wing No objection 10.C. PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Warren K. Hendriks telephone the Staff Secretary immediately. For the President THE WHITE HOUSE WASHINGTON October 16, 1974 MEMORANDUM FOR: MR. WARREN HENDRIKS FROM: WILLIAM E. TIMMONS Pa SUBJECT: Action Memorandum - Log No. 658 Enrolled Bill S. 2220 - Repeal of 'Cooly Trade" laws The Office of Legislative Affairs concurs in the attached proposal and has no additional recommendations. Attachment ACTION Last Day - October 21 October 18, 1974 MEMORANDUM FOR: THE PRESIDENT FROM: KEN COLE SUBJECT: Enrolled Bill 8. 2220 Repeal of "cooly trade" laws Attached for your consideration is Senate bill, S. 2220, sponsored by Senator Fong, for repeal of the "cooly trade" laws which are no longer necessary. Roy Ash recommends approval and provides you with back- ground information in his enrolled bill report (Tab A). We have checked with the Counsel's office (Chapman), the NSC, and Bill Timmons who also recommend approval. RECOMMENDATION That you sign Senate bill S. 2220 (Tab B). THE WHITE HOUSE , ACTION MEMORANDUM WASHINGTON LOG NO.: 658 Date: October 15, 1974 Time: 10:00 a.m. FOR ACTION: Geoff Shepard CC (for information): Warren K. Hendriks Phil Buchen Jerry Jones Bill Timmons Paul Theis NSC/S FROM THE STAFF SECRETARY DUE: Date: October 17, 1974 Time: 2:00 p.m. SUBJECT: Enrolled Bill S. 2220 - Repeal of "cooly trade" laws ACTION REQUESTED: For Necessary Action XX For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: Please return to Kathy Tindle - West Wing 2'll 10/18 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Warren K. Hendriks telephone the Staff Secretary immediately. For the President EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 OCT 11 1974 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill S. 2220 - Repeal of "cooly trade" laws Sponsor - Sen. Fong (R) Hawaii and 4 others : Last Day for Action October 21, 1974 - Monday : Purpose To repeal "cooly trade" laws which are no longer necessary. Agency Recommendations Office of Management and Budget Approval Department of State Approval (Informally) Department of Justice No objection Commission on Civil Rights No objection (Informally) Discussion The "cooly trade" laws were enacted in 1862 and 1875 to correct the practice of exploiting Chinese, Japanese, and other "oriental persons." At that time such persons were procured abroad for importation into the United States under labor contracts. The practice violated individual rights and upset working conditions in areas to which the people were imported. In reporting on this legislation, the Department of Justice made the following pertinent comment: "The statutes in question are outmoded and have no usefulness; the problems which caused their enactment no longer exist. This bill would be an expression by 2 Congress of a realization of that fact and removal of the statutes from the books would be in the interest of better understanding between the United States and Oriental countries. " neefred nafred H Rommel H Assistant Director for Legislative Reference Enclosures ASSISTANT ATTORNEY GENERAL LEGISL A'TIVE AFFAIRS Department of Justice Washington, D.C. 20530 OCT 11 1974 Honorable Roy L. Ash Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Ash: In compliance with your request, I have examined a facsimile of the enrolled bill S. 2220, "To repeal the 'cooly trade' laws." S. 2220 would repeal sections 2158-2163 of the Revised Statutes, and sections 1, 2, and 4 of the Act of March 3, 1875, 8 U.S.C. 331-339, which are commonly known as "cooly trade" laws. These laws are penal in nature and prohibit the procuring, transportation, disposition, sale or transfer of Oriental persons for the purpose of holding them in service as servants or apprentices. The statutes in question are outmoded and have no usefulness; the problems which caused their enactment no longer exist. This bill would be an expression by Congress of a realization of that fact and removal of the statutes from the books would be in the interest of better understanding between the United States and Oriental countries. The Department of Justice has no objection to the enactment of this legislation. Sincerely, WRakestraw W. Vincent Rakestraw Assistant Attorney General Calendar No. 779 93D CONGRESS SENATE REPORT 2d Session No. 93-812 REPEALING THE "COOLY TRADE" LAWS MAY 2, 1974.-Ordered to be printed Mr. FONG, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 2220] The Committee on the Judiciary, to which was referred the bill (S. 2220) to repeal the "cooly trade" laws, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE OF THE. BILL The purpose of the bill is to repeal the "cooly trade" laws which prohibit the procuring, transportation, disposition, sale, or transfer of Oriental persons as servants or apprentices, or to be held to service or labor (8 U.S.C. 331-339). STATEMENT The "cooly trade" laws were enacted by Congress in 1862 and 1875 to correct the then increasingly prevalent practice of exploitation of oriental persons, particularly Chinese and Japanese, involving their procurement abroad for importation into the United States under con- tracts of servitude. These practices resulted not only in the violation of the individual rights of the persons SO recruited, but also were dis- ruptive to the working conditions in the areas into which they were imported. 99-010 2 The circumstances which prompted the "cooly trade" legislation have long since ceased to be prevalent in the fact of changes in the social, economic, and political conditions in the United States and abroad. The continued existence of the "cooly trade" laws is also in- consistent with the later policies of the Congress under which other statutes singling out Oriental peoples have been repealed or modified by progressive amendments to the immigration laws. The "cooly trade" legislation currently serves no useful purpose in view of general civil rights legislation. It also presents an unnecessary and disparaging reminder of a past historical period which potentially could be the cause of misunderstanding as to the present relationships between the people of the United States and the people of Oriental countries. The following reports from the Acting Assistant Attorney General dated December 5, 1973, and from the Assistant Secretary for Congres- sional Relations, U.S. Department of State, dated November 8, 1973, to the chairman of the Senate Committee on the Judiciary with refer- ence to the bill read as follows: DEPARTMENT OF JUSTICE, Washington, D.C., December 5, 1973. Hon. JAMES O. EASTLAND, Chairman, Committee on the Judiciary, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice on S. 2220, a bill "To repeal the 'cooly trade' laws." This bill would repeal sections 2158-2163 of the Revised Statutes, and sections 1, 2, and 4 of the Act of March 3, 1875, 8 U.S.C. 331-339, which are commonly known as "cooly trade" laws. These laws are penal in nature and prohibit the procuring, transportation, disposi- tion, sale or transfer of Oriental persons for the purpose of holding them in service as servants or apprentices. The statutes in question are outmoded and have no usefulness; the problems which caused their enactment no longer exist. This bill would be an expression by Congress of a realization of that fact and removal of the statutes from the books would be in the interest of better understanding between the United States and Oriental countries. The Department of Justice has no objection to the enactment of this legislation. The Office of Management and Budget has advised that there is no objection to the submission of this report from the standpoint of the Administration's program. Sincerely, PATRICK M. McSweeney, Acting Assistant Attorney General. S.R. 812 3 NOVEMBER 8, 1973. Hon. JAMES O. EASTLAND, Chairman, Committee on the Judiciary, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: The Secretary has asked me to reply to your letter of August 1, 1973, enclosing for the Department's study and report a copy of S. 2220, "A bill to repeal the 'cooly trade' laws." The Department favors the objectives of this bill. General United States civil rights laws, particularly those prohibiting peonage, make the protective features of the "cooly trade" laws no longer necessary. The requirement of those laws for special consular inquiry to deter- mine the free and voluntary nature of immigration from certain areas of the world is discriminatory and inconsistent with the aboli- tion by the Act of October 3, 1965, of discrimination in immigration generally on the basis of race or national origin. The Office of Management and Budget advises that, from the standpoint of the Administration's program, there is no objection to the submission of this report. Sincerely yours, MARSHALL WRIGHT, Assistant Secretary for Congressional Relations. RECOMMENDATION The committee, after consideration of all the facts, is of the opinion that the bill 2220) should be enacted. CHANGES IN EXISTING LAW In compliance with subsection 4 of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill, as re- ported, are shown as follows (new material is printed in italic, while existing law in which no change is proposed is shown in roman) SECTIONS 2158, 2159, 2160, 2161, 2162, AND 2163, REVISED STATUTES [SEC. 2158. No citizen of the United States, or foreigner coming into 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 or place 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, or transferred, for any time, as servants or apprentices, 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 licensed therein, be employed in the "cooly-trade," SO called, contrary to the provisions of the preceding section, such 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 district courts of the United States for the district where the vessel may be found, seized, or carried. S.R. 812 4 [SEC. 2160. Every person who SO builds, fits out, equips, loads, or otherwise prepares. or who sends to sea, or navigates, as owner, master, factor, agent, or otherwise, any vessel, belonging in whole or in part to a citizen of the United States, or registered, enrolled, or licensed within the same, knowing or intending that such vessel is to be or may be employed in that trade, contrary to the provisions of section twenty-one hundred and fifty-eight, shall be liable to a fine not ex- ceeding two thousand dollars, and be imprisoned not exceeding one year. [SEC. 2161. Every citizen of the United States who, contrary to the provisions of section twenty-one hundred and fifty-eight, takes on board of any vessel, or receives or transports any such subjects as are described in that section, for the purpose of disposing of them in any way as therein prohibited, shall be liable to a fine not exceeding two thousand dollars and be imprisoned not exceeding one year. [SEC. 2162. Nothing herein contained shall be deemed to apply to any voluntary emigration of the subjects specified in section twenty- one hundred and fifty-eight, or to any vessel carrying such person as passenger on board the same, but a 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, which certificate shall be given to the master of such vessel; and the sameshall not be given until such consul or consular agent is first personally satisfied by evidence of the truth of the facts therein contained. [SEC. 2163. The President is empowered, in such way and at such time as he may judge proper, to direct the vessels of the United States, and the masters and commanders thereof, to examine all vessels navigated 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, reasonable causé exists to believe that such vessel has on board any subjects of China, Japan, or other oriental country, known as "coolies;" and upon sufficient proof that such vessel is employed in violation of the preceding provisions, to cause her to be carried, with her officers and crew, into any port or district within the United States, and delivered to the marshal of such district, to be held and disposed of according to 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 free and voluntary, as provided by section two thousand one hundred and sixty-two of the Revised Code, title "Immigration," it shall be the duty of the consul general or consul of the United States residing at the port from which it is proposed to convey such subjects, in any vessels enrolled or licensed in the United States, or any port within the same, before delivering to the masters of any such vessels the permit or certificate provided for in such section, to ascertain whether such immigrant has entered into a contract or agreement for a term S.R. 812 5 of service within the United States, for lewd and immoral purposes: and if there be such contract or agreement, the said consul general or consul shall not deliver the required permit or certificate. [SEC. 2. That if any citizen of the United States, or other person amenable to the laws of the United States, shall take, or cause to be taken or transported, to or from the United States any subject of China, Japan, or any Oriental country, without their free and volun- tary consent, for the purpose of holding them to a term of service, such citizen or other person shall be liable to be indicted therefor, and, on conviction of such offense, shall be punished by a fine not exceeding two thousand dollars and be imprisoned not exceeding one year; and all contracts and agreements for a term of service of such persons in the United States, whether made in advance or in pursuance of such illegal importation, and whether such importation shall have been in American or other vessels, are hereby declared void. [SEC. 4. That if any person shall knowingly and willfully contract, or attempt to contract, in advance or in pursuance of such illegal importation, to supply to another the labor of any cooly or other person brought into the United States in violation of section two thousand one hundred 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 person shall be deemed guilty of a felony, and, upon conviction thereof, in any United States court, shall be fined in a sum not exceeding five hundred dollars and imprisoned for a term not exceeding one year. S.R. 812 S. 2220 Ainety-third Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the twenty-first day of January, one thousand nine hundred and seventy-four An Act To repeal the "cooly trade" laws. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 2158- 2163, Revised Statutes, and sections 1, 2, and 4 of the Act of March 3, 1875 (ch. 141, 18 Stat. 477) (8 U.S.C. 331-339), are hereby repealed. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. October 9, 1974 Dear Mr. Director: The following bills were received at the White House on October 9th: S.J. Res. 123 H.R. 7954 8. 1794 H.R. 9054 S. 2220 M.R. 11537 S. 3362 Please let the President have reports and recommendations as to the approval of these bills as soon as possible, Sincerely, Robert D. Linder Chief Executive Clerk The Honorable Roy L. Ash Director Office of Management and Budget Washington, D. C.