Chapter 14. To amend an act entitled “An act to prohibit the coming of Chinese persons into the United States,” approved May fifth, eighteen hundred and ninety-two

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CHAP. 14.— An Act To amend an act entitled “An act to prohibit the coming of Chinese persons into the United States,” approved May fifth, eighteen hundred and ninety-two.November 3, 1893. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Chinese exclusion. That Section six of an act entitled “An act to prohibit the corning of Chinese persons into the United States,” approved May fifth, eighteen hundred and ninety-two, is hereby amended so as to read as follows:

" “Sec. 6. And it shall be the duty of all Chinese laborers within theVol. 27, p. 25. limits of the United States who were entitled to remain in the United States before the passage of the act to which this is an amendment to apply to the collector of internal revenue of their respective districts within six months after the passage of this act for a certificate of residence; and any Chinese laborer within the limits of the United StatesArrest, etc., on failure to obtain certificate. who shall neglect, fail, or refuse to comply with the provisions of this act and the act to which this is an amendment, or who, after the expiration of said six months, shall be found within the jurisdiction of the United States without such certificate of residence, shall be deemed and adjudged to be unlawfully within the United States, and may be arrested by any United States customs official, collector of internal revenue or his deputies, United States marshal or his deputies, and taken before a United States judge, whose duty it shall be to order thatTrial. he be deported from the United States, as provided in this act and in the act to which this is an amendment, unless he shall establish clearly to the satisfaction of said judge that by reason of accident, sickness, or other unavoidable cause be has been unable to procure his certificate, and to the satisfaction of said United States judge, and by at least oneProof. credible witness other than Chinese, that he was a resident of the United States on the fifth of May, eighteen hundred and ninety-two; and if, upon the hearing, it shall appear that he is so entitled to a certificate, it shall be granted upon his paying the cost.

Should it appear that said Chinaman had procured a certificate which has been lost orLost certificates. destroyed, he shall be detained and judgment suspended a reasonable time to enable him to procure a duplicate from the officer granting it, and in such cases the cost of said arrest and trial shall be in the discretion of the court; and any Chinese person, other than a Chinese laborer,Certificates for persons not laborers. having a right to be and remain in the United States, desiring such certificate as evidence of such right, may apply for and receive theProceedings under former act discontinued. same without charge; and that no proceedings for a violation of the Certificate of residence to be obtained by laborers in six months. 8FIFTY-THIRD CONGRESS.

Sess. I. Chs. 14, 15. 1893. provisions of said section six of said act of May fifth, eighteen hundred and ninety-two, as originally enacted, shall hereafter be instituted, and that all proceedings for said violation now lending are hereby *Proviso*.Certificates not to issue to Chinese convicted of felony.discontinued”: *Provided*, That no Chinese person heretofore convicted in any court of the States or Territories or of the United States of a felony shall be permitted to register under the provisions of this act; but all such persons who are now subject to deportation for failure or refusal to comply with the act to which this is an amendment shall be deported from the United States as in said act and in this act provided, upon any appropriate proceedings now tending or which may be hereafter instituted.

" Sec. 2. The words “laborer” or “laborers,” wherever used in this“Laborers” defined. act, or in the act to which this is an amendment, shall be construed to mean both skilled and unskilled manual laborers, including Chinese employed in mining, fishing, huckstering, peddling, laundrymen, or those engaged in taking, drying, or otherwise preserving shell or other fish for home consumption or exportation. The term “merchant,” as employed herein and in the acts of which“Merchants” defined. this is amendatory, shall have the following meaning and none other:

A merchant is a person engaged in buying and selling merchandise, at a fixed place of business, which business is conducted in his name, and who during the time he claims to be engaged as a merchant, does not engage in the performance of any manual labor, except such as is necessary in the conduct of his business as such merchant. Where an application is made by a Chinaman for entrance into theProof as to merchants, seeking to land. United States on the ground that he was formerly engaged in this country as a merchant, he shall establish by the testimony of two credible witnesses other than Chinese the fact that he conducted such business as hereinbefore defined for at least one year before his departure from the United States, and that during such year he was not engaged in the performance of any manual labor, except such as was necessary in the conduct of his business as such merchant, and in default of such proof shall be refused landing.

Such order of deportation shall be executed by the United StatesDeportation. Marshal of the district within which such order is made, and he shall execute the same with all convenient dispatch; and pending the execution of such order such Chinese person shall remain in the custody of the United States Marshal, and shall not be admitted to bail. The certificate herein provided for shall contain the photograph ofPhotograph of certificate holders. the applicant, together with his name local residence and occupation, and a copy of such certificate, with a duplicate of such photograph attached, shall be filed in the office of the United States Collector of Internal Revenue of the district in which such Chinaman makes application.

Such photographs in duplicate shall be furnished by each applicantDuplicates. in such form as may be prescribed by the Secretary of the Treasury. Approved, November 3, 1893. Chapter 15: In aid of the World’s Fair Prize Winners’ Exposition to be held at New York City. Chapter 15 28 Stat. 8 1893-11-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

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Chapter 14

To amend an act entitled “An act to prohibit the coming of Chinese persons into the United States,” approved May fifth, eighteen hundred and ninety-two

Stat.28 Stat. 8

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