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the United States and China concluded August 13, 1894, whic! permits certain Chinese laborers registered in the Unite States who, before leaving, obtain a required return certifi cate from the collector of customs to return within one year Chinese laborers include both skilled and unskilled manua laborers, including Chinese employed in mining, fishing huckstering, peddling, laundrymen, or those engaged in tak ing, drying, or otherwise preserving shell or other fish fo home consumption or exportation.-140 U.S., 424; 28 Stat. L. 8, sec. 2.
369. Certificates.-Chinese subjects, other than laborers, why may be entitled to come within the United States, and whi shall be about to come to the United States, shall obtain thi permission of, and be identified as so entitled by, their govern ment or the government where they last resided, in each cas to be evidenced by a certificate issued by such government which certificate shall be in the English language, and shal show such permission, with the name of the permitted persoi in his or her proper signature, and which certificate shall stat the individual, family, and tribal name in full, title or officia rank, if any, the age, height, and all physical peculiarities former and present occupation or profession, when and wher and how long pursued, and place of residence of the person ti whom the certificate is issued, and that such person is entitle to come within the United States. If the person so applyin for a certificate shall be a merchant, said certificate shall, il addition to above requirements, state the nature, character and estimated value of the business carried on by him prio to and at the time of his application as aforesaid. If th certificate be sought for the purpose of travel for curiosity it shall also state whether the applicant intends to pas through or travel within the United States, together with hi financial standing in the country from which such certificat is desired. A Chinese person not a subject of China mus under like circumstances obtain a certificate from the government of which such Chinese person is a subject.-Treaty, Aug. 13, 1894, Art. III; 23 Stat. L., 116, sec. 6.
370. Merchant.—A merchant, within the meaning of the Chinese exclusion act, 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.—28 Stat. L., 8, sec. 2.
371. Certificate to be visaed by consul.—The certificate provided for, and the identity of the person named therein, shall, before such person goes on board any vessel to proceed to the United States, be visaed by the indorsement of the diplomatic representative of the United States in a foreign country from which such certificate issues, or of the consular officer 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 officer 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, visaed as aforesaid, shall be prima facie evidence of the facts set forth therein, and shall be produced to the collector of customs at the port in the district in the United States at which the person named therein shall arrive, and afterwards 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 authorities of the United States. This certificate, while it may be controverted by the authorities of the United States, and is to be taken by them only as prima facie evidence, constitutes the only evidence permissible on the part of the person producing the same to establish his right to enter the United States.—23 Stat. L., 116, sec. 6; 140 U. S., 424.
372. Certificates by Chinese ministers and consuls.—The Treasury Department has ruled that the Chinese Government may delegate authority to its diplomatic and consular officers in foreign countries to issue such certificates to Chinese subjects, not laborers, desiring to come to the United States from countries other than China. Such certificates so issued will be visaed by consular officers of the United States under the conditions herein provided.
373. Not to visa without conclusive proof.—Consular officers will require conclusive proof of the identity and character of Chinese presenting certificates before visaing the same. They have no authority in any case to issue certificates entitling Chinese persons of any character to land in the United States, and they are forbidden to give any such certificates.
A full report of the facts must be promptly sent to the Department of State when a certificate is visaed. The fee for the visa is the same as for visaing a passport of a citizen of the United States, and is official.
374. Includes persons of Chinese race.—The Chinese exclusion acts apply to all subjects of China and to all Chinese, whether subjects of China or of any other foreign power, except diplomatic and other officers of the Chinese or other governments traveling upon the business of their governments.23 Stat. L., 118, sec. 15.
375. Certain powers and duties are given consular officers by the quarantine act of February 15, 1893, which provides, among other things, as follows:
(a) Bill of health to be obtained from consul.---Any vessel at any foreign port clearing for any port or place in the l'nited States shall be required to obtain from the consul, vice-consul, or other consular officer of the United States at the port of departure, or from the medical officer where such officer has been detailed by the President for that purpose, a bill of health, in duplicate, in the form prescribed by the Secretary of the Treasury, setting forth the sanitary history and condition of said vessel, and that it has in all respects complied with the rules and regulations in such cases prescribed for securing the best sanitary condition of the said vessel, its cargo, passengers, and crew.
(b) Contents.—Said consular or medical officer is required, before granting such duplicate bill of health, to be satisfied that the matters and things therein stated are true.
(c) Fees of consul.-For his services in that behalf he shall be entitled to demand and receive such fees as shall by lawful regulation be allowed, to be accounted for as is required in other cases.
(d) Medical officer may be detailed at consulate.---The President, in his discretion, is authorized to detail any medical officer of the Government to serve in the office of the consul at any foreign port for the purpose of furnishing information and making the inspection and giving the bills of health hereinbefore mentioned.
(e) Penalty for vessel clearing without bill of health.—Any vessel clearing and sailing from any such port without such bill of health, and entering any port of the United States, shall forfeit to the United States not more than $5,000, the amount to be determined by the court, which shall be a lien on the same, to be recovered by proceedings in the proper district court of the United States.
(f) Proceedings.-In all such proceedings the United States district attorney for such district shall appear on behalf of the United States; and all such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of vessels for violation of the revenue laws of the United States. 1—27 Stat. L., 450, sec. 2.
(g) To be posted in consulate.—None of the penalties herein imposed shall attach to any vessel or owner or officer thereof until a copy of this act, with the rules and regulations made in pursuance thereof, has been posted up in the office of the consul or other consular office of the United States for ten days in the port from which said vessel sailed, and the certificate of such consul or consular officer over his official signature shall be competent evidence of such posting in any court of the United States.—27 Stat. L., 450, sec. 3.
(h) Sanitary reports to be made by consuls.—The consular officer of the United States at such ports and places as shall be designated by the Secretary of the Treasury shall make to the Secretary of the Treasury weekly reports of the sanitary condition of the ports and places at which they are re. spectively stationed, according to such forms as the Secretary of the Treasury shall prescribe.-27 Stat. L., 451, sec. 4.
(i) Rules for vessels from foreign ports.—The same act also provides that the Secretary of the Treasury shall make such rules and regulations as are necessary to be observed by
Section 2 of the act of February 15, 1893, does not apply to vessels plying between foreign ports on or near the frontiers of the United States and ports of the United States adjacent thereto; but the Secretary of the Treasury is authorized, in his discretion, to establish regulations governing such vessels. (28 Stat. L., 372.)