[Inclosure.—Circular.]
Transit of Chinese laborers over the territory
of the United States in the course of a journey to or from other
countries.
Treasury Department,
Washington, January 23,
1883.
To Collectors of Customs and
others:
The Attorney-General, in an opinion of December 26, 1882, addressed
to the Secretary of State, has decided that Chinese laborers, in
transit merely across the territory of the United States in the
course of their journey to or from other countries, are neither
emigrants nor “Chinese coming to the United States as laborers,”
within the language of the treaty of November 17, 1880, or the act
of May 6, 1882, and further, that it is not incumbent upon such
passengers to produce the certificates of identification prescribed
by sections 4 and 6 of that act, provided that, by competent proof,
they may otherwise establish their transient status.
The Department of State has transmitted the opinion of the
Attorney-General to this Department with its approbation. Treasury
decision No. 5313, dated July 20, 1882, is therefore revoked, and
the following regulations are adopted by this Department to carry
into effect the more recent opinion of the Attorney-General and the
views of the Department of State:
[Page 214]
- 1.
- Where a Chinese consul resides at the port of landing or
entrance into the United States of any Chinese laborer
claiming to be merely in transit through the territory of
the United States, in the course of a journey to or from
other countries, the certificate of such Chinese consul,
identifying the bearer by name, height, age, &c., so far
as practicable, and showing the place and date of his
arrival, the place at which he is to leave the United
States, the date when his journey is to begin, and that it
is to be continuous and direct, shall be accepted as prima facie evidence. And such
certificate shall be required in all cases where a Chinese
consul resides at such port.
- 2.
- In the absence of such certificate, other competent
evidence to show the identity of the person and the fact
that a bona fide transit only is
intended, may be received. The production of a through
ticket across the whole territory of the United States
intended to be traversed may be received as competent proof,
and should be exhibited to the collector and verified by
him. Such tickets and all other evidence presented must be
so stamped or marked and dated by the customs officer as to
prevent their use a second time.
- 3.
- In the case of numbers of Chinese being transported in a
body under the charge of agents or others, the affidavit of
such agents or others in charge, with proof satisfactory to
the collecter that such laborers will be conveyed without
delay across the territory of the United States and
delivered on board ship or into foreign territory, may be
received in lieu of the tickets required in the foregoing
regulation.
Descriptive lists of all such Chinese will be prepared in duplicate
and presented to the collector of customs, substantially in the form
mentioned in the circular of May 19, 1882 (Synopsis 5231), and
showing, in addition, the place and date of arrival and the place
and date of intended departure, and, when practicable, the route to
be traveled. One copy will be retained on the files of his office,
and one to be forwarded by mail to the collector of customs at the
port of exit, who will take pains to see that the passengers duly
leave the United States. If they do not, he will report the fact to
this Department. One list may be made to include all Chinese
transported at one time, and each list should be properly dated,
signed, and sealed by the collector or his deputy.
Where considerable numbers of Chinese intend to travel from the port
of entrance to the port of exit under the charge of an agent, as
before mentioned, it will be sufficient to have included in the
descriptive list to be mailed to the collector at the port of exit
the number of persons who are to go forward, the name of the agent
in charge, and the route by which they are to travel.
CHAS. J. FOLGER,
Secretary.
