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whatsoever, to be held, sold, or otherwise disposed of as a slave, or held to service or labor, shall be fined not more than five thousand dollars, one-half to the use of the United States and the other half to the use of the person prosecuting the indictment to effect; and shall, moreover, be imprisoned not more than seven years.'

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§ 277. Transporting Persons to Be Held as Slaves.— Section 5379 of the old Code becomes Section 250 of the new Code in the following words:

"Sec. 250. Whoever, within the jurisdiction of the United States, takes on board, receives, or transports from any foreign kingdom or country, or from sea, any person in any vessel, for the purpose of holding, selling, or otherwise disposing of such person as a slave, or to be held to service or labor, shall be punished as prescribed in the section last preceding."

The change in this section is made by the substitution of the word "person" for the words "negro, mulatto, or person of color."

§ 278. Hovering on Coast With Slaves on Board.Section 5380 of the old statutes becomes Section 251 of the new Code in the following words:

"Sec. 251. Whoever, being the captain, master, or commander of any vessel found in any river, port, bay, harbor, or on the high seas, within the jurisdiction of the United States, or hovering on the coast thereof, having on board any person, for the purpose of selling such person as a slave, or with intent to land such person for any such purpose, shall be fined not more than ten thousand dollars and imprisoned not more than four years.'

The change from the old to the new is the substitution of the word "person" for the words "negro, mulatto, or person of color."

§ 279. Serving in Vessels Engaged in Slave Trade.Sections 5381 and 5382 of the old Code relate to slave trade, and their salient points are comprehended in new Section 252 in the following words:

"Sec. 252. Whoever, being a citizen of the United States, or other person residing therein, voluntarily serves on board of any vessel employed or made use of in the transportation of slaves from any foreign country or place to another, shall

be fined not more than two thousand dollars and imprisoned not more than two years.

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§ 280. Receiving or Carrying Away Any Person to Be Sold or Held as a Slave.-Section 5524 of the old statutes becomes Section 253 of the new Code, in the following words:

"Sec. 253. Whoever, being the master or owner or person having charge of any vessel, receives on board any other person, with the knowledge or intent that such person is to be carried from any place subject to the jurisdiction of the United States to any other place, to be held or sold as a slave, or carries away from any place subject to the jurisdiction of the United States any such person, with the intent that he may be so held or sold as a slave, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both."

§ 281. Equipping, Etc., Vessels for Slave Trade.Section 5551 of the old statutes becomes Section 254 of the new Code, as follows:

"Sec. 254. No person shall, for himself or for another, as master, factor, or owner, build, fit, equip, load, or otherwise prepare any vessel in any port or place within the jurisdiction of the United States, or cause any vessel to sail from any port or place within the jurisdiction of the United States for the purpose of procuring any person from any foreign kingdom, place, or country to be transported to any port or place whatsoever, to be held, sold, or otherwise disposed of, as a slave, or to be held to service or labor; and every vessel so built, fitted out, equipped, laden, or otherwise prepared, with her tackle, apparel, furniture, and lading, shall be forfeited; one moiety to the use of the United States and the other to the use of the person who sues for the forfeiture and prosecutes the same to effect."

A consideration of this section will be found in charge to the grand jury, 30 Federal Case No. 18268, and 30 Federal Case 18269a.

In the case of in re Sah Quah, 31 Federal, 327, Judge Dawson held that this legislation was founded upon the Thirteenth Amendment to the Constitution, and that a custom which prevailed among the uncivilized tribes of Indians in Alaska, whereby slaves were bought and sold and held in servitude against their will, even though such Indians were not citizens of the United States, they were dependent subjects, and that such custom and servitude

was contrary to this legislation, and contrary to the Thirteenth Amendment to the Constitution, and that a person so held in slavery would be released by the Court upon writ of habeas corpus.

§ 282. Penalty on Persons Building, Equipping, Etc.-Section 5552 of the old Revised Statutes becomes Section 255 in the new Code, as follows:

"Sec. 255. Whoever so builds, fits out, equips, loads or otherwise prepares or sends away any vessel, knowing or intending that the same shall be employed in such trade or business, contrary to the provisions of the section last preceding, or in any way aids or abets therein, shall, besides the forfeiture of the vessel, pay the sum of two thousand dollars; one moiety thereof to the use of the United States and the other moiety thereof to the use of the person who sues for and prosecutes the same to effect."

§ 283. Forfeiture of Vessel Transporting Slaves.Section 5553 of the old statutes becomes Section 256 of the new Code, as follows:

"Sec. 256. Every vessel employed in carrying on the slave trade or on which is received or transported any person from any foreign kingdom or country, or from sea, for the purpose of holding, selling or otherwise disposing of such person as a slave, or of holding such person to service or labor, shall, together with her tackle, apparel, furniture, and the goods and effects which may be found on board, or which may have been imported thereon in the same voyage, be forfeited; one moiety to the use of the United States and the other to the use of the person who sues for and prosecutes the forfeiture to effect.'

In United States vs. Schooner, 2 Paine, 25 Federal Cases, No. 14755; the "Mary Ann," 16 Federal Cases No. 9194; and the Charge to the Grand Jury, 30 Federal Cases, No. 18268, will be found a consideration of this section. The 5 Opinion of the Attorneys General, page 724, also contains an opinion upon seizure for engaging in the slave trade.

The change in this section consists in the substitution of the word "person" for the words "negro, mulatto, or person of color."

§ 284. Receiving Persons on Board to be sold as Slaves.-Old Section 5554 becomes new Section 257 in these words:

"Sec. 257. Whoever, being a citizen of the United States, takes on board, receives, or transports any person for the purpose of selling such person as a slave shall, in addition to the forfeiture of the vessel, pay for each person so received on board or transported the sum of two hundred dollars, to be recovered in any court of the United States; the one moiety thereof to the use of the United States and the other moiety to the use of the person who sues for and prosecutes the same to effect."

The change in this section consists in the substitution of the word "person" for the words "negro, mulatto, or person of color."

§ 285. Vessel Found Hovering on Coast.-Old Section 5555 becomes new Section 258, as follows:

"Sec. 258. Every vessel which is found in any river, port, bay, or harbor, or on the high seas, within the jurisdiction of the United States, or hovering on the coasts thereof and having on board any person, with intent to sell such person as a slave, or with intent to land the same for that purpose, either in the United States, or elsewhere, shall, together with her tackle, apparel, furniture, and the goods or effects on board of her, be forfeited to the United States."

The change in this section consists in the substitution of the word "person" for the words "negro, mulatto, or person of color."

§ 286. Forfeiture of Interest in Vessels Transporting Slaves. Section 259 of the new Code takes the place of Section 5556 of the old statutes, and is as follows:

"Sec. 259. It shall be unlawful for any citizen of the United States, or other person residing therein, or under the jurisdiction thereof, directly or indirectly to hold or have any right or property in any vessel employed or made use of in the transportation or carrying of slaves from one foreign country or place to another, and any such right or property shall be forfeited, and may be libeled and condemned for the use of the person suing for the same. Whoever shall violate the prohibition of this section shall also forfeit and pay a sum of money equal to double the value of his right or property in such vessel; and shall also forfeit a sum of money equal to double the value of the interest he had in the slaves which at any time may be transported or carried in such vessels."

§ 287. Seizure of Vessels Engaged in the Slave Trade. -Section 5557 of the old statutes becomes Section 260 of the new Code, as follows:

"Sec. 260. The President is authorized, when he deems it expedient, to man and employ any of the armed vessels of the United States to cruise wherever he may judge attempts are making to carry on the slave trade, by citizens or residents of the United States, in contravention of laws prohibitory of the same; and, in such case, he shall instruct the commanders of such armed vessels to seize, take, and bring into any port of the United States, to be proceeded against according to law, all American vessels, wheresoever found, which may have on board, or which may be intended for the purpose of taking on board, or of transporting, or may have transported any person, in violation of the provisions of any Act of Congress prohibiting the traffic in slaves.'

$288. Proceeds of Condemned Vessels; How Distributed.-Section 5558 of the old statutes is so modified in Section 261 of the new Code, in conformity with the abolition of prize money by Congress, as to require the proceeds of all forfeitures to be paid into the Tresaury of the United States, and is in the following words:

"Sec. 261. The proceeds of all vessels, their tackle, apparel, and furniture, and the goods and effects on board of them, which are so seized, prosecuted, and condemned, shall be paid into the Treasury of the United States."

§ 289. Disposal of Persons Found on Board Seized Vessel.-Section 5559 of the old Code becomes Section 262 of the new Code, by the mere change of the words "negro, mulatto, or person of color," to the word "person," and is in the following words:

"Sec. 262. The officers of the vessel making such seizure shall safely keep every person found on board of any vessel so seized, taken, or brought into port for condemnation, and shall deliver every such person to the marshal of the district into which he may be brought, if into a port of the United States, or if elsewhere, to such person as may be lawfully appointed by the President, in the manner directed by law, transmitting to the President, as soon as may be after such delivery, a descriptive list of such persons, in order that he may give directions for the disposal of them."

§ 290. Apprehension of Officers and Crew.-Section 5560 of the old Code becomes Section 263 of the new Code in the following words:

"Sec. 263. The commanders of such commissioned vessels shall cause to be apprehended and taken into custody every person found on board of such offending vessel so

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