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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 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 shellfish or other fish for 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 visaed by the indorsement of the 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 visaed 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.
322. It will be observed that the statute confers upon Consular Officers no authority to issue certificates entitling Chinese persons of any character to land in the United States, and they will be careful, therefore, not to give any such certificates.
323. The act of July 5, 1884, applies to all subjects of China and to all Chinese, whether subjects of China or of any other foreign power, except diplomatic and other offirers of the Chinese or other Governments traveling upon the business of that Government.
DEPORTATION OF PAUPERS AND CRIMINALS TO THE UNITED
324. By act of Congress it is made unlawful for persons who are undergoing a sentence for conviction in their own country of felonious crimes, other than political or growing out of or the result of such political offenses, or whose sentence has been remitted on condition of their emigration, and women imported for the purposes of prostitution, to immigrate to the United States. Provision is made for the inspection of a vessel, if there is reason to believe that such persons are on board, and for their detention, without permission to land, and their subsequent return, at the expense of the vessel, to the country from which they came. For violations of this statute the vessel is liable to forfeiture in the proper court of the United States.
325. It has been seen with regret that in foreign countries municipal corporations, private societies for reforming offenders, directors of alms-houses, and even private individuals, have not been restrained by their Governments from sending to the United States convicts, or discharged convicts, or lunatics, or idiots, or imbecile paupers, unable to maintain themselves. Consular Officers are enjoined to exert an active vigilance to prevent such acts. Should any vessel of the United States, within his jurisdiction, attempt to transport such persons to the United States, he will endeavor to prevent the master from doing so. Should a for
Consul may protest.
Act of Aug. 3, 1882.
at Large, p. 214.
eign vessel attempt to do so, he will by earnest mail notify the collector of the port in the United States for which such vessel is bound.
326. If a Consular Officer has reason to think that any person, society, or corporation, municipal or otherwise, in the country in which he resides, contemplates shipping paupers or criminals as emigrants to the United States, he will at once forcibly protest to the local authorities, and will also immediately notify the Diplomatic Representative of the United States (or the Consul-General, as the case may be) and the Department of State. Such an act is regarded by the United States as a violation of the comity which ought to characterize the intercourse of nations.
327. All foreign convicts except those convicted of polit22 U.S. Statutes ical offenses, upon arrival, will be sent back to the nations Foreign convicts, to which they belong and from whence they came. The expense of such return shall be borne by the owners of the vessels in which they came. In reporting causes of the shipment of foreign convicts to the United States, Consular Officers should state whether or not such persons have been convicted of political offenses.
Increase in Mormon immigration.
Decision of the Supreme Court.
328. The annual statistics of emigration show that large numbers of emigrants come to the United States every year from various countries of Europe for the avowed purpose of joining the Mormon community at Salt Lake, in the Territory of Utah, under the auspices and guidance of the emissaries and agents of that community in foreign parts. And this representation of the interests of Mormonism is understood to have lately developed unusual activity. The accessions to the Mormon community are largely drawn from the ignorant classes of Europe, who are easily influenced by the double appeal to their passions and their poverty, held out in the promise of their peculiar practices and of a home in the fertile region where the community has established its material seat.
329. A recent decision of the Supreme Court of the United States has determined that the polygamy of Mormonism a is
violation of the laws of the United States respecting the crime of bigamy, the provisions of which are embraced in section 5352 of the Revised Statutes. It is believed that no friendly power will knowingly lend its aid to attempts made within its borders against the laws and Government of the United States, and that every consideration of comity should prevail to prevent the territory of a friendly state from becoming a resort or refuge for the misguided men and women whose offenses would be intolerable in the land from whence they come.
Instructions to Ministers in cer
330. It has been deemed proper, accordingly, that the Diplomatic Representatives of the United States in Great tain countries. Britain, Denmark, Sweden and Norway, Switzerland, Germany, Austria-Hungary, Italy, Belgium, the Netherlands, and France, from which such emigration is known largely to come, should be instructed to urge the subject upon the attention of the Governments to which they are severally accredited, in the interest not merely of a faithful execution of the laws of the United States, but of the good order and morality which are sought to be promoted by all civilized countries. And, as it is desirable that they should be able to fortify the representations which they may have occasion from time to time to make, by a citation of the facts that may come to the notice of Consular Officers within their several jurisdictions concerning emigration of this character, the latter are enjoined promptly to communicate to them any information that may be obtained of the probable departure of any considerable number of Mormon emigrants, and of any facts which may be of service in the discharge of their duties in this respect. A similar report should also be made to the Department of State.
EMIGRATION PASSENGER LAW.
Violation of emigrant passenger
331. It is the duty of all Consular Officers to report to the Department of State all violations by masters of vessels laws. bound to any port in the United States or any Territory thereof of the statute regulating the transportation of emigrants between Europe and the United States.
765 C R-S
To report pas sengers, &c., hav. ing contagious dis
Miscellaneous Duties in Regard to Seamen and Vessels of the United States.
332. The statutes regulating the collection of duties on imports and tonnage, and relating to manifests, apply as well to vessels owned in whole or in part by foreigners as to vessels of the United States; and Consular Officers are therefore instructed to inform the masters of all vessels leaving their ports for the United States that they are required to produce manifests in accordance with the provis ions of law to regulate the collection of duties on imports and tonnage.
THE QUARANTINE SERVICE.
333. Section 2 of an act entitled "An act to prevent the introduction of contagious or infectious diseases into the United States," approved April 29, 1878, provides:
"That whenever any infectious or contagious disease shall appear in any foreign port or country, and whenever any vessel shall leave any passengers coming from any infected foreign port, or having on board goods or passengers coming from any place or district infected with cholera or yellow fever, shall leave any foreign port, bound for any port in the United States, the Consular Officer, or other representative of the United States at or nearest such foreign port, shall immediately give information thereof to the Supervising Surgeon-General of the Marine-Hospital Service, and shall report to him the name, the date of departure, and the port of destination in the United States; and the Consular Weekly reports. Officers of the United States shall make weekly reports to him of the sanitary condition of the ports at which they are respectively stationed."
334. The object of the foregoing section of the law is to secure timely advice of the outbreaks of cholera and yellow fever, and of the probable transportation of the poisons of these preventable diseases in vessels bound for the United States; and consular officers for the United States are directed to put themselves into communication with the health