diction thereof" are inserted. The Plattsburg, 10 Wheat. 133, Forfeiture of interest 6 L. ed. 284; The Alexander, 3 Mason, 175, 1 Fed. Cas. 362; in slave The Porpoise, 2 Curt. 307, 19 Fed. Cas. 1064; Tryphenia vessels v. Harrison, 1 Wash. 522, 24 Fed. Cas. 252; United States v. The Catherine, 2 Paine, 271, 25 Fed. Cas. 332; The Reindeer, 2 Cliff. 57, 27 Fed. Cas. 753; United States v. Smith, Brun. Col. Cas. 82, 27 Fed. Cas. 1158; United States v. Vickery, 1 Har. & J. (Ind.) 427, 28 Fed. Cas. 374; Charge to Grand Jury, 3 Phila. 527, 30 Fed. Cas. 1026.

SECTION 260. The President is authorized, when he deems Seizure of it expedient, to man and employ any of the armed vessels of vessels in the United States to cruise wherever he may judge attempts slave trade 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.

This section is taken from U. S. Rev. Sts. § 5557. The only change is the same as that in § 256, supra. The Glamorgan, 1 Sprague, 273, 10 Fed. Cas. 463; The Malaga, 4 Pa. L. J. Rep. 339, 2 Am. L. J. 97, 16 Fed. Cas. 535; The Porpoise, 2 Curt. 307, 19 Fed. Cas. 1064; United States v. Andrews, Brun. Col. Cas. 422, 24 Fed. Cas. 815; United States v. Battiste, 2 Sumner, 240, 24 Fed. Cas. 1042; United States v. Corrie, Brun. Col. Cas. 686, 25 Fed. Cas. 658; United States v. Johnson, 20 Niles Reg. (Pa.) 137, 25 Fed. Cas. 1200; United States v. La Jeune Eugenie, 2 Mason, 409, 26 Fed. Cas. 832; Charge to Grand Jury, 3 Phila. 527, 30 Fed. Cas. 1026; 1 A. G. Op. 334; 3 Id. 405; 4 Id. 241.

Proceeds of

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

into the Treasury

Disposal of persons found on

seized

vessel

Apprehension of officers and crew

Removal of

persons delivered

This section is taken from U. S. Rev. Sts. § 5558.

The provision as to paying the proceeds into the treasury of the United States is substituted for that as to prize money. See note to § 260.

SECTION 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.

This section is taken from U. S. Rev. Sts. § 5559. The only change is the same as that in § 256, supra. See note to § 260. 4 A. G. Op. 566.

SECTION 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 seized and taken, being of the officers or crew thereof, and him convey, as soon as conveniently may be, to the civil authority of the United States, to be proceeded against in due course of law.

This section is the same as U. S. Rev. Sts. § 5560. See notes to §§ 256, 260.

SECTION 264. The President is authorized to make such regulations and arrangements as he may deem expedient for the safe-keeping, support, and removal beyond the limits of from seized the United States of all such persons as may be so delivered and brought within its jurisdiction.

vessel

This section is taken from U. S. Rev. Sts. § 5561. There is the same change as in § 256, supra, and the provision as to appointing an African agent is omitted. 1 A. G. Op. 334; 5 Id. 728.

SECTION 265. It shall be the duty of the commander of any To what armed vessel of the United States, whenever he makes any port capcapture under the preceding provisions, to bring the vessel and tured vesher cargo, for adjudication, into some port of the State, Terri- sel sent tory, or District to which such vessel so captured may belong,

if he can ascertain the same; if not, then into any convenient port of the United States.

This section is the same as U. S. Rev. Sts. § 5563, except that the words "or District" are inserted.

bond

SECTION 266. Every owner, master, or factor of any for- When eign vessel clearing from any port within the jurisdiction of the owners of United States, and suspected of being intended for the slave foreign trade, and the suspicion being declared to the officer of the cus- vessels toms by any citizen, on oath, and such information being to shall give the satisfaction of the officer, shall first give bond, with sufficient sureties, to the Treasurer of the United States that none of the natives of any foreign country or place shall be taken on board such vessel to be transported or sold as slaves in any other foreign port or place whatever, within nine months thereafter.

This section is taken from U. S. Rev. Sts. § 5564. The words "clearing from any port within the jurisdiction of the United States" are substituted for "clearing out for any of the coasts or kingdoms of Africa.'

United States v. The Catherine, 2 Paine, 721, 25 Fed. Cas. 332; 1 A. G. Op. 312.

vessels

of armed

SECTION 267. The President is authorized to issue in- Instrucstructions to the commanders of the armed vessels of the tions to United States, directing them, whenever it is practicable, and masters under such rules and regulations as he may prescribe, to proceed directly to the country from which they were taken, and there hand over to the agent of the United States all such persons, delivered from on board vessels seized in the prosecution of the slave trade; and they shall afterwards bring the captured vessels and persons engaged in prosecuting such trade to the United States for trial and adjudication.

This section is taken from U. S. Rev. Sts. § 5567. The words "country from which they were taken" are substituted for "the coast of Africa," and the word "persons" is substituted for "negroes, mulattos, and persons of color."

Kidnapping

Holding or returning persons to peonage

SECTION 268. Whoever kidnaps or carries away any other person, with the intent that such other person be sold into involuntary servitude, or held as a slave; or who entices, persuades, or induces any other person to go on board any vessel or to any other place with the intent that he may be made or held as a slave, or sent out of the country to be so made or held; or who in any way knowingly aids in causing any other person to be held, sold, or carried away to be held or sold as a slave, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both.

This section is the same as U. S. Rev. Sts. § 5525, except that there is a slight change in the punishment.

A person who "falsely accuses another of crime and carries him before a magistrate in order that he may be convicted and put to hard labor, in consequence of which such person is convicted and put to hard labor, the accuser at the time having the purpose or design to hire such person, or to enable some other person to hire him," is guilty hereunder "of carrying away" such person "with the intent that such other person be sold into involuntary servitude." Peonage Cases, 123 F. R. 671, 682.

SECTION 269. Whoever holds, arrests, returns, or causes to be held, arrested, or returned, or in any manner aids in the arrest or return of any person to a condition of peonage, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both.

This section is the same as U. S. Rev. Sts. §5526, except that there is a slight change in the punishment.

This is constitutional. Clyatt v. United States, 197 U. S. 207, 49 L. ed. 726. "Return" implies that the person has heretofore been held in a state of peonage. Id. "Peonage" is the holding of persons in unwilling servitude in payment of debts. United States v. Clement, 171 F. R. 974; United States v. McClellan, 127 Id. 971. It includes more than the old New Mexican peonage, United States v. McClellan, supra; Peonage Cases, 123 F. R. 671; In re Lewis, 114 Id. 963; in view of the great weight of later

peonage

authority, United States v. Eberhart, 127 F. R. 252, can Holding or hardly be law. It is immaterial whether the condition returning persons to of peonage exists by virtue of local law or custom or in violation or without the sanction of law. Peonage Cases, 123 F. R. 671. A statute making it an offense to violate a contract of labor upon the faith of which money or goods have been advanced to him has been held constitutional. State v. Murray, 116 La. 655.

SECTION 270. Whoever obstructs, or attempts to obstruct, Obstructing or in any way interferes with or prevents the enforcement enforceof the section last preceding, shall be liable to the penalties ment of therein prescribed.

This section is the same as U. S. Rev. Sts. § 5527, except that the words "pains and" before "penalties" are omitted. See note to § 269.

preceding section

United

States, etc.

SECTION 271. Whoever shall knowingly and willfully bring Bringing into the United States or any place subject to the jurisdiction kidnapped thereof, any person inveigled or forcibly kidnapped in any person into other country, with intent to hold such person so inveigled or kidnapped in confinement or to any involuntary servitude; or whoever shall knowingly and willfully sell, or cause to be sold, into any condition of involuntary servitude, any other person for any term whatever; or whoever shall knowingly and willfully hold to involuntary servitude any person so brought or sold, shall be fined not more than five thousand dollars and imprisoned not more than five years.

This section is taken from the Act of June 23, 1874, c. 464, § 1 (18 St. 464). The words "any place subject to the jurisdiction thereof" are substituted for "the Territories thereof,' and the word "servitude" is twice substituted for "service."