第126章。—执行与中国有关的某些条约规定的行为。 6park.com
CHAP. 126.-An act to execute certain treaty stipulations relating to Chinese. 6park.com
鉴于美国政府认为，中国劳工到美国来危害美国境内某些地方的良好秩序，因此， 6park.com
Whereas, in the opinion of the Government of the United States the coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof: Therefore, 6park.com
美利坚合众国参众两院在国会通过本法后九十日内，至本法通过后十年内，华工来美的时间为，特此暂停；在暂停期间，任何中国劳工不得来美国，或在上述90天期满后，不得留在美国境内 6park.com
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the expiration of ninety days next after the passage of this act, and until the expiration of ten years next after the passage of this act, the coming of Chinese laborers to the United States be, and the same is hereby, suspended; and during such suspension it shall not be lawful for any Chinese laborer to come, or, having so come after the expiration of said ninety days, to remain within the United States. 6park.com
2.任何船只的船长明知而将任何中国劳工从任何外国港口或地方带到美国境内，并将其着陆或准许其着陆即属轻罪，一经定罪，每带一名中国劳工，处五百元以下罚款，并可处一年以下有期徒刑。 6park.com
SEC. 2. That the master of any vessel who shall knowingly bring within the United States on such vessel, and land or permit to be landed, any Chinese laborer, from any foreign port or place, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars for each and every such Chinese laborer so brought, and may be also imprisoned for a term not exceeding one year. 6park.com
3.上述两条不适用于在1880年11月17日在美国的中国劳工，或在本法通过后的90天期满前已在美国的中国劳工，且在登上该船前应向船长出示上述两条须向该船只抵达的美国港口的收集者出示本法下文规定他是本条所述劳工之一的证据；上述两条亦不适用于任何船长的船只，而该船长的船只须驶往非美国港口，因遇险、恶劣天气或在前往外国港口或地点的航程中触碰美国任何港口而在美国管辖范围内；但所有被带上或登上该船的中国劳工，均须在离开港口时随船离开 6park.com
SEC. 3. That the two foregoing sections shall not apply to Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have come into the same before the expiration of ninety days next after the passage of this act, and who shall produce to such master before going on board such vessel, and shall produce to the collector of the port in the United States at which such vessel shall arrive, the evidence hereinafter in this act required of his being one of the laborers in this section mentioned; nor shall the two foregoing sections apply to the case of any master whose vessel, being bound to a port not within the United States, shall come within the jurisdiction of the United States by reason of being in distress or in stress of weather, or touching at any port of the United States on its voyage to any foreign port or place: Provided, That all Chinese laborers brought/on such vessel shall depart with the vessel on leaving port. 6park.com
4.为了正确识别在1880年11月17日在美国的中国劳工，或者在本法通过后的90天期满前已经进入美国的中国劳工，为了向他们提供适当的证据，证明他们有权按照1800年11月17日中美条约的规定，自由地出入美国，任何该等中国劳工离开美国的地区的海关署长，须亲自或由代理人登上每艘载有该等中国劳工并已清关或即将从其地区驶往外国港口的船只，并在该船只上列出所有该等中国劳工的名单，而该名单须记入为此目的而备存的登记册内，登记册内须述明每名该等中国劳工的姓名、年龄、职业、最后居住地、体格标记或特性，以及识别每名该等中国劳工所需的一切事实，而该等登记册须安全地存放在海关；而每名如此离开美国的华工，在接获该名单时，有权并在接获署长或其代理人的申请后，免费领取由署长或其代理人签署并盖上其办事处印章的证明书，格式为库务署须订明，该证明书须载有获发给该证明书的中国劳工的姓名、年龄、职业、最后居住地、个人描述及身分证明事实的陈述，并须在所有详情上与上述名单及登记册相对应。如果中国劳工在收到证书后应在出发前离开该船，则应将证书交给船长；如果该中国劳工在离开港口前未返回该船，则证书应由船长交给海关总署署长取消。本协议规定的证书应使被签发证书的中国劳工有权在生产并将证书交给该中国劳工寻求重新入境的地区的海关总署署长后返回美国并重新入境；该中国劳工在返回美国时向海关总署署长交付该证明书后，海关总署署长应安排将该证明书送交海关并正式注销。 6park.com
SEC. 4. That for the purpose of properly identifying Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have come into the same before the expiration of ninety days next after the passage of this act, and in order to furnish them with the proper evidence of their right to go from and come to the United States of their free will and accord, as provided by the treaty between the United States and China dated November seventeenth, eighteen hundred and eighty, the collector of customs of the district from which any such Chinese laborers shall depart from the United States shall, in person or by deputy, go on board each vessel having on board any such Chinese laborer and cleared or about to sail from his district for a foreign port, and on such vessel make a list of all such Chinese laborers, which shall be entered in registry-books to be kept for that purpose, in which shall be stated the name, age, occupation, last place of residence, physical marks or peculiarities, and all facts necessary for the identification of each of such Chinese laborers, which books shall be safely kept in the custom-house; and every such Chinese laborer so departing from the United States shall be entitled to, and shall receive, free of any charge or cost upon application therefor, from the collector or his deputy, at the time such list is taken, a certificate, signed by the collector or his deputy and attested by his seal of office, in such form as the Secretary of the Treasury shall prescribe, which certificate shall contain a statement of the name, age, occupation, last place of residence, personal description, and facts of identification of the Chinese laborer to whom the certificate is issued, corresponding with the said list and registry in all particulars. In case any Chinese laborer after having received such certificate shall leave such vessel before her departure he shall deliver his certificate to the master of the vessel, and if such Chinese laborer shall fail to return to such vessel before her departure from port the certificate shall be delivered by the master to the collector of customs for cancellation. The certificate herein provided for shall entitle the Chinese laborer to whom the same is issued to return to and re-enter the United States upon producing and delivering the same to the collector of customs of the district at which such Chinese laborer shall seek to re-enter; and upon delivery of such certificate by such Chinese laborer to the collector of customs at the time of re-entry in the United States, said collector shall cause the same to be filed in the custom-house and duly canceled. 6park.com
5.本法第四条所称中国劳工在美国境内，欲经陆路离开美国者，有权要求并免费领取，向希望通过水路离开美国的中国劳工签发与本法第四节规定类似的身份证明；现规定毗邻该中国劳工欲前往的外国的地区的海关总署署长有责任应该中国劳工的申请，免费或自费发出该证明书，并将该证明书记入他为此目的而备存的登记册，依照本法第四节的规定。 6park.com
SEC. 5. That any Chinese laborer mentioned in section four of this act being in the United States, and desiring to depart from the United States by land, shall have the right to demand and receive, free of charge or cost, a certificate of identification similar to that provided for in section four of this act to be issued to such Chinese laborers as may desire to leave the United States by water; and it is hereby made the duty of the collector of customs of the district next adjoining the foreign country to which said Chinese laborer desires to go to issue such certificate, free of charge or cost, upon application by such Chinese laborer, and to enter the same upon registry-books to be kept by him for the purpose, as provided for in section four of this act. 6park.com
6.为忠实执行前文所述条约第一条和第二条，除劳工外，每一个根据该条约和本法有权进入美国并即将来到美国的中国人，均应被中国政府认定为在每种情况下，该身分须由一份根据上述政府的授权而发出的证明书证明，该证明书须以英文写成，或（如非以英文写成）附有一份英文译本，述明该项权利，而该证明书须述明姓名、职衔或职级（如有的话）及年龄，被签发证书的人的身高、所有身体特征、以前和现在的职业或职业、在中国的居住地，以及该人有权符合本法所述的在美国境内的条约。该证明书应为其内所载事实的表面证据，并须向其内所指名的人抵达的美国地区港口的海关署长或其代理人出示。 6park.com
SEC. 6. That in order to the faithful execution of articles one and two of the treaty in this act before mentioned, every Chinese person other than a laborer who may be entitled by said treaty and this act to come within the United States, and who shall be about to come to the United States, shall be identified as so entitled by the Chinese Government in each case, such identity to be evidenced by a certificate issued under the authority of said government, which certificate shall be in the English language or (if not in the English language) accompanied by a translation into English, stating such right to come, and which certificate shall state the name, title, or official rank, if any, the age, height, and all physical peculiarities, former and present occupation or profession, and place of residence in China of the person to whom the certificate is issued and that such person is entitled conformably to the treaty in this act mentioned to come within the United States. Such certificate shall be prima-facie evidence of the fact set forth therein, and shall be produced to the collector of customs, or his deputy, of the port in the district in the United States at which the person named therein shall arrive. 6park.com
7.任何人明知而虚假地更改或代替该证明书上所写的姓名，或伪造该证明书，或明知而说出任何伪造或欺诈的证明书，或假扮该证明书上所指名的人，即当作犯有轻罪；一经定罪，处一千元以下罚金，并处五年以下有期徒刑。 6park.com
SEC. 7. That any person who shall knowingly and falsely alter or substitute any name for the name written in such certificate or forge any such certificate, or knowingly utter any forged or fraudulent certificate, or falsely personate any person named in any such certificate, shall be deemed guilty of a misdemeanor; and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars, and imprisoned in a penitentiary for a term of not more than five years. 6park.com
8.从任何外国港口或地方抵达美国的任何船舶的船长，应在交付货物舱单的同时，如果没有货物，则在依法报告船舶入境时。除须报告的其他事项外，在任何中国乘客降落或准许降落前，向该等船只抵达的地区的海关总署署长交付并报告一份在任何外国港口或地方登上该等船只的所有中国乘客及所有该等乘客的单独名单当时在船上。该名单须显示该等乘客的姓名（如该等乘客是因该政府的业务而旅行的中国政府认可人员，或该等乘客的受雇人，则须注明该等事实），以及该等乘客的姓名及其他详情，而该名单须由船长按照与货物舱单有关的法律。任何该等船长故意拒绝或疏忽遵从本条的条文，所招致的罚则及罚则，与拒绝或疏忽报告及交付货物舱单所订定的罚则及罚则相同。 6park.com
SEC. 8. That the master of any vessel arriving in the United States from any foreign port or place shall, at the same time he delivers a manifest of the cargo, and if there be no cargo, then at the time of making a report of the entry of the vessel pursuant to law. in addition to the other matter required to be reported, and before landing, or permitting to land, any Chinese passengers, deliver and report to the collector of customs of the district in which such vessels shall have arrived a separate list of all Chinese passengers taken on board his vessel at any foreign port or place, and all such passengers on board the vessel at that time. Such list shall show the names of such passengers (and if accredited officers of the Chinese Government traveling on the business of that government, or their servants, with a note of such facts), and the names and other particulars, as shown by their respective certificates; and such list shall be sworn to by the master in the manner required by law in relation to the manifest of the cargo. Any willful refusal or neglect of any such master to comply with the provisions of this section shall incur the same penalties and forfeiture as are provided for a refusal or neglect to report and deliver a manifest of the cargo. 6park.com
9.在任何中国乘客从任何该等船只上降落之前，署长或其代理人应着手检查该等乘客，并将证书与名单和乘客进行比较；任何乘客不得违反法律从该等船只上降落在美国。 6park.com
SEC. 9. That before any Chinese passengers are landed from any such vessel, the collector, or his deputy, shall proceed to examine such passengers, comparing the certificates with the list and with the passengers; and no passenger shall be allowed to land in the United States from such vessel in violation of law. 6park.com
10.船长明知而违反本法任何规定的每艘船只，应被视为被美国没收，并应在该船只可能进入或可能被发现的美国任何地区被扣押和没收。 6park.com
SEC. 10. That every vessel whose master shall knowingly violate any of the provisions of this act shall be deemed forfeited to the United States, and shall be liable to seizure and condemnation in any district of the United States into which such vessel may enter or in which she may be found. 6park.com
11.任何人明知而由陆路带入或安排由陆路带入美国，或明知而协助或教唆他人进入美国，或协助或教唆不合法有权进入美国的任何中国人的船只在美国登陆，均须当作为轻罪，一经定罪其中，处一千元以下罚金，并处一年以下有期徒刑。 6park.com
SEC. 11. That any person who shall knowingly bring into or cause to be brought into the United States by land, or who shall knowingly aid or abet the same, or aid or abet the landing in the United States from any vessel of any Chinese person not lawfully entitled to enter the United States, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined in a sum not exceeding one thousand dollars, and imprisoned for a term not exceeding one year. 6park.com
12、任何企图通过船只进入美国的中国人，都要向海关移民官出示此法案之前列出的证明文件，否则将不准进入美国。任何在美国境内的中国人如被发现身份非法者，经美国法院裁决确为非法入境后，将经由总统签署命令驱逐回中国。 6park.com
SEC. 12. That no Chinese person shall be permitted to enter the United States by land without producing to the proper officer of customs the certificate in this act required of Chinese persons seeking to land from a vessel. And any Chinese person found unlawfully within the United States shall be caused to be removed there from to the country from whence he came，by direction of the President of the United States，and at the cost of the United States，after being brought before some justice，judge，or commissioner of a court of the United States and found to be one not lawfully entitled to be or remain in the United States. 6park.com
13、此法案并不适用于任何中国政府的外交以及其他官员的以政府公务为由的入境请求。此类官员将被认可为持有本法案列出的证明文件。另外，本法案亦不适用于此类中国官员随从的私人以及家庭侍佣。 6park.com
SEC.13. That this act shall not apply to diplomatic and other officers of the Chinese Government traveling upon the business of that govern- ment，whose credentials shall be taken as equivalent to the certificate in this act mentioned，and shall exempt them and their body and house- hold servants from the provisions of this act as to other Chinese persons. 6park.com
14、自此法案生效日期起，任何州法院或联邦法院不得给予中国人美国公民身份。若有法律与此法案相悖者，以此法案为准。（1924年，美国通过了《限制移民法》，按照规定，中国也有100名配额可以加入美国国籍，但排华法案使得这一配额名存实亡。在华人被剥夺平等工作机会以及拥有土地和经商、受教育等权利情况下，留居在美国的华人活动只能局限在华人社区，集中居住在“唐人街”，靠经营洗衣店、餐馆、杂货店等下层卑微艰苦的服务业为生。） 6park.com
SEC. 14. That hereafter no State court or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed. 6park.com
15、出现在此法案中的词组“中国劳工”，指被一切熟练或非熟练的中国工人，以及一切被矿主雇用的中国人。 6park.com
SEC.15. That the words "Chinese laborers"，wherever used in this act shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining. 6park.com
美国总统切斯特.阿瑟签署 1882年《排华法案》