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United States Department of State / Index to the executive documents of the House of Representatives for the first session of the forty-ninth Congress, 1885-'86
(1885-1886)

China,   pp. 144-198 PDF (23.7 MB)


Page 193


                                      CHINA.                            
     193
 time from China can.be permitted to enter the United States only upon the
produc-
 tion' of the certificate prescribed by section 6 of the act of July 5, 1884,
such certifi-
 cate being the s0oleevidence permissible on the part of the person so producing
the'
 same to establish a right of entry into the United States.
 (5) Chinese subjects, not laborers, desiring to come to the United States
from
 countries other than China umay do so on production of a certificate corresponding
to,
 that required by section 6 of the act of July 5,t1884, to be issued by a
Chinese diplo-
 matic or consular officer, if there be one at the port of departure, countersigned
by a
 United States consular officer; or, if there be no such Chinese officer
stationed at suchk
 port, on d lik* certificate to be issued by a United States consular officer.*
   (6) Section 6 of the act of 1884 does not apply to Chinese persons other
than labor-
 ers lawfully in the United States.t Such persons are,, by treaty, entitled
"to come
 and go of their own free will and accord," and when they leave.the
United States are
 entitled to re-enter on any evidence satisfactory to the collector that
they are not
 Chinese laborers.
   For the convenience of such persons and of the customs officers and others,
such
 persons who may desire to depart from and return to the United States may
enter
 the United States on production of a certificate corresponding to that required
by
 section 6 of the act of July 5, 1884, to be issued by the collector of customs
of the
 port of departure, which certificate may be prima facie evidence of a right
to enter
 the United States.
   (7) The regulations contained in decision 5544, and dated January !23,
1883, rela-i
 tive to the transit of Chinese laborers through the territory of the United
States,
 will be applied to all Chinese persons intending to so go in transit through
the
 United States.
   (8) Chinese persons who may be compelled $o touch at the ports of the
United
I States in transit to foreign.ucountries, may be permitted to land under
the regula-
tions of January 23, 1883 (S., 5544), so far as the same may be applicable,
such persons
to take passage by the next vessel leaving for their destination or the voyage
of which
may form part of the route necessary to carry them to their destination.
                                                          H. McCULLOCH,
                                                                       Secretary.
                                    [Inclosure 3.1
    CIRCULAR RELATING TO CHINESE PERSONS COMING TO THE UNITED STATES.
                                          TREASURY DEPARTMENT, July,13, 1885.
 COLLECTOR OF CUSTOMS, San Francisco, Cal.:
   SiR: Referring to your communication of the 3d ultimo, relative to the
regulations
 concerning Chinese persons coming to the United States, I inclose herewith
a copy of
 an opinion obtained, under date of the 6th instant, from the Solicitor of
the Treasury
 upon the subject.
   You will perceive that most of the provisions of the regulations as restated
and
 modified by circular No. 7, of the 14th of January last, are found to be
fully in ac-
 cordance with the law as expounded by the United States.courts and the Attorney-
 General, and that the circular requires in two particulars only amendment
(as indi-
 cated in red ink on a copy of the circular, also herewith inclosed), by
striking out
 from paragraph 5 the last sentence, commencing with the words "1 or
if there be no
 suchtChinese officer," 'rand by inserting in the firsttsentence6 of
paragraph 6 the words
 "at the date of the treaty" after thd words "United St ates."1
   You will consider the circular as amended in the particulars mentioned.
       Very respectfully,
                                                         C. S. FAIRCHILD,
                                                                Acting Secretary.
                                     No. 137.
                      Mr. (heng Tsao Ju to Mr. Bayard.
                                                CHINESE LEGATION,
          Washington, D. 0., October 17, 1885.     (Received October 17.)
   Si.: I have the honor to inform you that in a recent communication
from Mr. Owyang Ming, Chinese consul-general at San Francisco, I am
informed that three Chinese residents at Seattle, Washington Territory,
                   * Words in italics are to be omitted.
                   t Insert the words " at the date of the treaty".
        13 FOR


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