194 



CONGRESS. (CANAL TOLLS.) 



of Chinese persons and persons of Chinese descent 

 are hereby continued in force for a period of ten years 

 from the passage of this act. 



SEC. 2. That any Chinese person or person of Chi- 

 nese descent, when convicted and adjudged under 

 any of said laws to be not lawfully entitled to be or 

 remain in the United States, shall be removed from 

 the United States to China, unless he or they shall 

 make it appear to the justice, judge, or commissioner 

 before whom he or they are tried that he or they are 

 subjects or citizens of some other country, in which 

 case he or they shall be removed from the United 

 States to such country : Promded, That in any case 

 where such other country of which such Chinese 

 person shall claim to be a citizen or subject shall de- 

 mand any tax as a condition of the removal of such 

 person to that country, he or she shall be removed to 

 China. 



SBC. 3. That any Chinese person or person of Chi- 

 nese descent arrested under the provisions of this act 

 or the acts hereby extended shall be adjudged to be 

 unlawfully within the United States, unless such 

 person shall establish by afflrmative proof, to the sat- 

 isfaction of such justice, judge, or commissioner, his 

 lawful right to remain in the United States. 



SEC. 4. That any such Chinese person or person of 

 Chinese descent convicted and adjudged. to be not 

 lawfully entitled to be or remain in the United States 

 shall be imprisoned at hard labor for a period of not 

 exceeding a year, and thereafter removed from the 

 United States, as hereinbefore provided. 



SEC. 5. That after the passage of this act, on an 

 application to any judge or court of the United States 

 in the first instance for a writ of habeas corpus by a 

 Chinese person seeking to land in the United States, 

 to whom that privilege has been denied, no bail shall 

 be allowed, and such application shall be heard and 

 determined promptly, without unnecessary delay. 



SEC. 6. And it shall be the duty of all Chinese 

 laborers within the limits of the United States at the 

 time of the passage of this act, and who are entitled 

 to remain in the United States, to apply to the col- 

 lector of internal revenue of their respective districts, 

 within one year after the passage of this act, for a cer- 

 tificate of residence ; and any Chinese laborer within 

 the limits of the United States who shall neglect, fail, 

 or refuse to comply with the provisions of this act, or 

 who, after one year from the passage hereof, 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 that he be deported from the United 

 States, as hereinbefore provided, unless he shall es- 

 tablish clearly to the satisfaction of said judge that 

 by reason of accident, sickness, or other unavoidable 

 cause he has been unable to procure his certificate, 

 and to the satisfaction of the court, and by_ at least 

 one credible white witness, that he was a resident of 

 the United States at the time of the passage of this 

 act; and if, upon the hearing, it shall appear that he 

 is so entitled to a certificate, it shall be granted upon 

 his paying the costs. Should it appear that said Chi- 

 naman had procured a certificate, which has been lost 

 or destroyed, he shall be detained and judgment sus- 

 pended a reasonable time to enable him to procure a 

 duplicate from the oriiccr granting it, and in such 

 cases the costs of said arrest and trial shall be in the 

 discretion of the court. And any Chinese person 

 other than a Chinese laborer, having a right to be 

 and remain in the United States, desiring such certifi- 

 cate as evidence of such right, may apply for and re- 

 ceive the same without charge. 



SEC. 7. That immediately after the passage of 

 this act the Secretary of the Treasury shall make such 

 rules and regulations as may be necessary for the 

 efficient execution of this act, and shall prescribe the 

 necessary forms and furnish the necessary blanks to 



enable collectors of internal revenue to issue the cer- 

 tificates required hereby, and make such provisions 

 that certificates may be procured in localities con- 

 venient to the applicants. Such certificates shall be 

 issued without charge to the applicant, and shall con- 

 tain the name, age, local residence, and occupation of 

 the applicant, and such other description of the ap- 

 plicant as shall be prescribed by the Secretary of the 

 Treasury, and a duplicate thereof shall be filed in the 

 ortice of the collector of internal revenue for the dis- 

 trict within which such Chinaman makes applica- 

 tion. 



SEC. 8. That any person who shall knowingly 

 and falsely alter or substitute any name for the name 

 written in such certificate, or for^e such certificate, or 

 knowingly utter any forged or fraudulent certificate, 

 or falsely personate any person named in such cer- 

 tificate, shall be guilty of a misdemeanor, and upon 

 conviction thereof shall be fined in a sum not exceed- 

 ing $1.000, or imprisoned in the penitentiary for a 

 term of not more than five years. 



SEC. 9. The Secretary of the Treasury may au- 

 thorize the payment of such compensation in the 

 nature of fees to the collectors of internal revenue, for 

 services performed under the provisions of this act, in 

 addition to salaries now allowed by law, as he shall 

 deem necessary, not exceeding the sum of $1 for each 

 certificate issued. 



The title of the act was changed to "An act 

 to prohibit the coming of Chinese persons into 

 the United States." The President approved 

 the bill May 5. 



Canal Tolls. On July 21, 1892. the Com- 

 mittee on Foreign Affairs in the House intro- 

 duced the following bill "to enforce reciprocal 

 relations between the United States and Canada, 

 and for other purposes." 



Be it enacted, etc., That, with a view of securing re- 

 ciprocal advantages for the citizens, ports, and vessels 

 of the United States, on and after the 1st day of Au- 

 gust, 1892, whenever and so often as the President 

 shall be satisfied that the passage through any canal 

 or lock connected with the navigation of the St. Law- 

 rence river, the Great Lakes, or the water ways con- 

 necting the same, of any vessels of the United States, 

 or of cargoes or passenger;; in transit to any port of 

 the United States, is prohibited or is made difficult or 

 burdensome by the imposition of tolls or otherwise, 

 which, in view of the free passage through the St. 

 Mary's Falls Canal, now permitted to vessels of all 

 nations, he shall deem to be reciprocally unjust and 

 unreasonable, he shall have the power and it shall be 

 his duty to suspend, by proclamation to that effect, 

 for such time and to such extent (including absolute 

 prohibition) as he shall deem just, the right of free 

 passage through the St. Mary's Falls Canal, so far as 

 it relates to vessels owned by the subjects of the gov- 

 ernment so discriminating against the citizens, ports, 

 or vessels of the United States, or to any cargoes, por- 

 tions of cargoes, or passengers in transit to the ports 

 of the government making such discrimination, 

 whether carried in vessels of the United States or of 

 other nations. 



In such case and during such suspension tolls shall 

 be levied, collected, and paid as follows, to wit : Upon 

 freight of whatever kind or description, not to exceed 

 $2 per ton ; upon passengers, not to exceed $5 each, 

 as shall be from time to time determined by the Presi- 

 dent : Provided, That no tolls shall be charged or 

 collected upon freight or passengers carried to and 

 landed at Ogdensburg, or any port west of Ogdens- 

 burg and south of a line drawn from the northern 

 boundary of the State of New York through the St. 

 Lawrence river, the Great Lakes, and their connecting 

 channels to the northern boundary of the State of 

 Minnesota. 



SEC. 2. All tolls so charged shall be. collected 

 under such regulations as shall be prescribed by the 

 Secretary of the Treasury, who may require the master 



