Chapter 220. to amend an act entitled “An act to execute certain treaty stipulations relating to Chinese approved May sixth eighteen hundred and eighty-two.”July 5, 1884. *Be it enacted by the Senate and Souse of Representatives of the United States of America in Congress assembled*,22 Stat., 58
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CHAP. 220.— An Act to amend an act entitled “An act to execute certain treaty stipulations relating to Chinese approved May sixth eighteen hundred and eighty-two.”July 5, 1884. *Be it enacted by the Senate and Souse of Representatives of the United States of America in Congress assembled*,22 Stat., 58. That section one of the act entitled “An act to execute certain treaty stipulations relating to Chinese” approved May sixth eighteen hundred and eighty-two,is hereby amended so as to read as follows:
Whereas in the opinion of the Government of the United States thePreamble. coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof; Therefore " “*Be it enacted by the Senate and Souse of Representatives of the United States of America in Congress assembled*, That from and after the passage of this act, and until the expiration of ten years next after the passage of this act, the coming of Chinese laborers to the United States be, andImmigration of Chinese laborers to be suspended for ten years. the same is hereby, suspended, and during such suspension it shall not be lawful for any Chinese laborer to come from any foreign port or place, or having so come to remain within the United States,” " Section two of said act is hereby amended so as to read as follows:
" “Sec. 2. That the master of any vessel who shall knowingly bringPenalties for violations of act. within the United States on such vessel, and land, or attempt to land, or permit to be landed any Chinese laborer, from any foreign port or place, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not more than five hundred dollars for each and every such Chinese laborer so brought, and may also be imprisoned for a term not exceeding one year.
” " Section three of said act is hereby amended so as to read as follows: Sec. 3. That the two foregoing sections shall not apply to ChineseExemptions. laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have come into the same before the expiration of ninety days next after the passage of the act to which this act is amendatory, nor shall said sections apply to Chinese laborers, who shall produce to such master before going on board such vessel, and shall produce to the collector of the port in the United States at which such vessel shall arrive, the evidence hereinafter in this act required of h s being one of the laborers in this section mentioned; nor shall the two foregoing sections apply to the case of anyMasters of vessels with immigrants, when exempt.*Proviso*. master “hose vessel, being bound to a port not within the United States, shall come within the jurisdiction of the United States by reason of being in distress or in stress weather, or touching at any port of the United States on its voyage to any foreign port or place: *Provided: * That all Chinese laborers brought on such vessel shall not be permitted to land except in case of absolute necessity, and must depart with the vessel on leaving port.
” Section four of said act is hereby amended so as to read as follows: " “Sec. 4. That for the purpose of properly identifying Chinese laborersPrivileges to Chinese laborers in the U. S. Nov. 17, 1880. who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have come into the FORTY-EIGHTH CONGRESS. Sess. I. Ch 220. 1884. 116 same before the expiration of ninety days next after the passage of the act to which this act is amendatory, and in order to furnish them with the proper evidence of their right to go from and come to the United 22 Stat., 826.States as provided by the said act and the treaty between the United States and China dated November seventeenth, eighteen hundred and eighty, the collector of customs of the district from which any such Chinese laborer shall depart from the United States shall, in person or by deputy, go on board each vessel having on board any such Chinese laborer, and cleared or about to sail from his district for a foreign port, List for purpose of identification, etc., to be made and kept in customhouse.and on such vessel make a list of all such Chinese laborers, which shall be entered in registry-books, to be kept for that purpose in which shall be stated the individual, family, and tribal name in full, the age, occupation, when and where followed, last place of residence, physical marks or peculiarities, and all facts necessary for the identification of each of such Chinese laborers, which books shall be safely kept in the customhouse; and evry such Chinese laborer so departing from the United States shall be entitled to and shall receive, free of any’ charge or cost upon application therefor, from the collector or his deputy, in the name of said collector and attested by said collector’s seal of office, at the Certificate to be made and delivered, entitling person described to a return to the U.
S.time such list is taken, a certificate, signed by the collector or his deputy and attested by his seal of office, in such form as the Secretary of the Treasury shall prescribe, which certificate shall contain a statement of the individual, family, and tribal name in full, age, occupation, when and where followed, of the Chinese laborer to whom the certificate is issued, corresponding with the said list and registry in all particulars. In case any Chinese laborer, after having received such certificate, shall leave such vessel before her departure, he shall deliver his certificate to the master of the vessel; and if such Chinese laborer shall fail to return to such vessel before her departure from port, the certificate shall be delivered by the master to the collector of customs for cancellation.
The certificate herein provided for shall entitle the Chinese laborer to whom the same is issued to return to and re-enter the United States upon producing and delivering the same to the collector of customs of the district at which such Chinese laborer shall seek to re-enter, and said certificate shall be the only evidence permissible to establish his right of reentry; and upon delivering of such certificate by such Chinese laborer to the collector of customs at the time of reentry in the United States, said collector shall cause the same to be filed in the customhouse and duly canceled.
” " Section six of said act is hereby amended so as to read as follows: Sec. 6. Chinese, other than laborers, to be identified by certificate from Chinese Government. That in order to the faithful execution of the provisions of this act, evry Chinese person, other than a laborer, who may be entitled by said treaty or this act to come within the United States, and who shall be about to come to the United States, shall obtain the permission of and be identified as so entitled by the Chinese Government, or of such other foreign Government of which at the time such Chinese person shall be a subject, in each case to be evidenced by a certificate issued by such Government, which certificate shall be in the English language, and shall show such permission, with the name of the permitted person in his or her proper signature, and which certificate shall state the individual, family, and tribal name in full, title or official rank, if any, the age, height, and all physical peculiarities, former and present occupation or profession, when and where and how long pursued, and place of residence of the person to whom the certificate is issued, and that such person is entitled by this act to come within the United States.
If the person so applying for a certificate shall be a merchant, said certificate shall, in addition to above requirements, state the nature, character, and estimated value of the business carried on by him prior *Proviso*.to and at the time of his application as aforesaid: *Provided*, That nothing in this act nor in said treaty shall be construed as embracing within the meaning of the word ‘ merchant,’ hucksters, peddlers, or those engaged in taking, drying, or otherwise preserving shell or other fish for 117 home consumption or exportation.
If the certificate be sought for the purpose of travel for curiosity, it shall also state whether the applicant intends to pass through or travel within the United States, together with his financial standing in the country from which such certificate is desired. The certificate provided for in this act, and the identity of the person named therein shall, before such person goes on board any vessel to proceed to the United States, be vised by the indorsement of theIndorsement of certificate by diplomatic representative of United States abroad. diplomatic representatives of the United States in the foreign country from which said certificate issues, or of the consular representative of the United States at the port or place from which the person named in the certificate is about to depart; and such diplomatic representative or consular representative whose indorsement is so required is hereby empowered, and it shall be his duty, before indorsing such certificate as aforesaid, to examine into the truth of the statements set forth in said certificate, and if he shall find upon examination that said or any of the statements therein contained are untrue it shall be his duty to refuse to indorse the same.
Such certificate vised as aforesaid shall be prima facie evidence of the facts set forth therein, and shall be produced to the collector of customs of the port in the district in the United States at which the person named therein shall arrive, and afterward produced to the proper authorities of the United States whenever lawfully demanded, and shall be the sole evidence permissible on the part of the person so producing the same to establish a right of entry into the United States; but said certificate may be controverted and the facts therein stated disproved by the United States authorities.
” Section eight of said act is hereby amended so as to read as follows: Sec. 8. That the master of any vessel arriving in the United StatesMasters of vessels arriving is United States to make and deliver to collector, etc.r list of Chinese passengers. from any foreign port or place shall, at the same time he delivers a manifest of the cargo, and if there be no cargo, then at the time of making a report of the entry of the vessel pursuant to law, in addition to the other matter required to be reported, and before landing, or permitting to land, any Chinese passengers, deliver and report to the collector of customs of the district in which such vessels shall have arrived a separate list of all Chinese passengers taken on board his vessel at any foreign port or place, and all such passengers on board the vessel at that time, Such list shall show the names of such passengers (and if accredited officers of the Chinese or of any other foreign Government, traveling on the business of that Government, or their servants, with a note of such facts), and the names and other particulars as shown by their respective certificates; and such list shall be sworn to by the master in the manner required by law in relation to the manifest of the cargo.
Any refusal or wilful neglect of any such master to comply withPenalty for failure, etc. the provisions of this section shall incur the same penalties and forfeiture as are provided for a refusal or neglect to report and deliver a manifest of the cargo.” Section ten of said act is hereby amended so as to read as follows: Sec. 10. That every vessel whose master shall knowingly violate anyForfeiture of vessel for violation of provisions of act. of the provisions of this act shall be deemed forfeited to the United States, and shall be liable to seizure and condemnation in any district of the United States into which such vessel may enter or in which she may be found.
” Section eleven of said act is hereby amended so as to read as follows: " “Sec. 11. That any person who shall knowingly bring into or causeMisdemeanor. to be brought into the United States by land, or who shall aid or abet the same, or aid or abet the landing in the United States from any vessel, of any Chinese person not lawfully entitled to enter the United States, shall be deemed guilty of a misdemeanor, and shall on convictionPenalty. thereof, be fined in a sum not exceeding one thousand Dollars, and imprisoned for a term not exceeding one year Section twelve of said act is hereby amended so as to read as follows.
” “Sec. 12 That no Chinese person shall be permitted to enter theEntering the United States by land; terms of. United States by land without producing to the proper officer of cus- FORTY-EIGHTH CONGRESS. Sess. I. Chs. 220, 221 1884. 118 toms the certificate in this act required of Chinese persons seeking When not entitled to residence to be removed, etc.to land from a vessel. And any Chinese person found unlawfully within the United States shall be caused to be removed therefrom to the country from whence he came, and at the cost of the United States, after being brought before some justice, judge, or commissioner of a court of the United States and found to be one not lawfully entitled Cost, etc., of removal.to be or to remain in the United States; and in all such cases the person who brought or aided in bringing such person to the United States shall be liable to the Government of the United States for all necessary Officers; duties, compensation.expenses incurred in such investigation and removal; and all peace officers of the several States and Territories of the United States are hereby invested with the same authority as a marshal or United States marshal in reference to carrying out the provisions of this act or the act of which this is amendatory, as a marshal or deputy marshal of the United States, and shall be entitled to like compensation to be audited United States to pay costs, charges, etc.; when.and paid by the same officers.
And the United States shall pay all costs and charges for the maintenance and return of any Chinese person having the certificate prescribed by law as entitling such Chinese person to come into the United States who may not have been permitted to land from any vessel by reason of any of the provisions of this act.” Section thirteen of said act is hereby amended so as to read as follows Officers, etc., of the Chinese Government exempt.Sec 13 That this act shall not apply to diplomatic and other officers of the Chinese or other Governments traveling upon the business of that Government, whose credentials shall be taken as equivalent to the certificate in this act mentioned, and shall exempt them and their body and household servants from the provisions of this act as to other Chinese persons” " Section fifteen of said act is hereby amended so as to read as follows “Sec. 15 Provisions of act made applicable to all subjects of China, etc.
That the provisions of this act shall apply to all subjects of China and Chinese, whether subjects of China, or any other foreign power; and tile words Chinese laborers, wherever used in this act shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining Sec. 16 Violations of act not otherwise provided to constitute a misdemeanor. That any violation of any of the provisions of this act, or of the act of which this is amendatory, the punishment of which is not otherwise herein provided for, shall be deemed a misdemeanor, and shall be punishable by fine not exceeding one thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment Sec. 17 Not to affect proceedings, etc., of former act.
That nothing contained in this act shall be construed to affect any prosecution or other proceeding criminal or civil, begun under the act of which this amendatory; but such prosecution or other proceeding, criminal or civil, shall proceed as if this act bad not been passed. Approved, July 5, 1884.