transportation to the United States are usually considerable in amount. In some instances it has been found necessary to employ a keeper for the prisoners; but such an outlay is justified only when the safe-keeping of the accused can not be stipulated for in the contract with the transporting vessel or there are other controlling reasons. Consular officers, therefore, will be careful not to subject the Government to the expense of sending offenders to the United States, and of their imprisonment and trial in this country, unless the offense is of an aggravated character and the evidence is such as to render it probable that a conviction can be obtained.

358. Transportation not obligatory on shipmasters.-While masters of American vessels in foreign ports are subject, on the requisition of the consular officer, to convey distressed seamen to the United States, they are not obliged to take on board seamen or other persons charged with crime, to be brought to the United States for trial.-7 Op. Att. Gen., 722. No specific instructions can be given as to the amount a consular officer may agree to allow a master for transporting a prisoner; but the compensation should be reasonable. The amount may be left, by mutual agreement, to the determination of the Department of State, when all the circumstances shall have been presented after the arrival and delivery of the prisoner to the proper authorities.

359. Accounts. All disbursements and expenses incurred by consular officers for the arrest, imprisonment, and transportation of persons accused of crime against the United States should be stated in a separate account and transmitted to the Department of State, supported by proper vouchers; and the draft therefor, when there are not sufficient funds in the consulate, should be drawn upon the Secretary of State. 360. No allowance for legal services.-No allowance will be made to consular officers for expenses incurred in procuring

the defense in any court of law of American seamen or of persons accused of crimes against the laws of the United States, or the laws of foreign countries, without the special permission or sanction of the Department of State.

ARTICLE XXII.

IMMIGRATION AND QUARANTINE.

361. Classes of aliens excluded. The following classes of aliens are excluded from admission into the United States in accordance with the existing acts of Congress regulating immigration: 18 Stat. L., 477; 23 Stat. L., 332; 26 Stat. L., 1084. (a) Chinese laborers. (See paragraph 368.)

(b) Foreigners and aliens under contract or agreement made previous to their departure from the foreign country to perform labor or service of any kind in the United States, except as specified in section 5 of the act of February 26, 1885, as amended by section 5 of the act of March 3, 1891. (c) All idiots and insane persons.

(d) Paupers or persons likely to become a public charge. (e) Persons suffering from a loathsome or a dangerous contagious disease.

(f) Persons who have been convicted of a felony or other infamous crime or misdemeanor involving moral turpitude. This does not apply to persons convicted of a political offense, but does include those whose sentence has been remitted upon condition of emigration.

(g) Polygamists.

(h) Any person whose ticket or passage is paid for with the money of another or who is assisted by others to come, unless it is affirmatively and satisfactorily shown on special inquiry that such person does not belong to one of the foregoing excluded classes.

(i) Women imported for purposes of prostitution.

362. Manifests. It is the duty of the master or commanding officer of a steamer or sailing vessel having any alien immigrants on board bound for a port of the United States to prepare, for delivery to the proper inspector of immigration at the port of arrival, lists or manifests, containing not more than thirty names each, which shall, in answer to questions at the top of said lists, state as to each immigrant the full name, age, and sex; whether married or single; the calling or occupation; whether able to read or write; the nationality; the last residence; the seaport for landing in the United States; the final destination, if any, beyond the seaport of landing; whether having a ticket through to such final destination; whether the immigrant has paid his own passage or whether it has been paid by other persons or by any corporation, society, municipality, or government; whether in possession of money, and, if so, whether upward of $30, and how much if $30 or less; whether going to join a relative, and, if so, what relative and his name and address; whether ever before in the United States, and, if so, when and where; whether ever in prison or almshouse or supported by charity; whether a polygamist; whether under contract, express or implied, to perform labor in the United States; what the immigrant's condition of health mentally and physically is; whether deformed or crippled, and, if so, from what cause. 27 Stat. L., 569.

363. To be verified before consul.-Each list or manifest shall be verified by the signature and the oath or affirmation of the master or commanding officer or of the officer first or second below him in command, taken before the United States consul or consular agent at the port of departure, before the sailing of said vessel, to the effect that he has made a personal examination of each and all of the passengers named therein; that he has caused the surgeon of said vessel sailing therewith to make a physical examination of each of

said passengers; that from his personal inspection and the report of said surgeon he believes that no one of said passengers is an idiot or insane person, or a pauper or likely to become a public charge, or suffering from a loathsome or dangerous contagious disease, or a person who has been convicted of a felony or other infamous crime or misdemeanor involving moral turpitude, or a polygamist, or under a contract or agreement (express or implied) to perform labor in the United States; and that, according to the best of his knowledge and belief, the information in said list or manifest concerning each of said passengers named therein is correct and true.-27 Stat. L., 569.

364. To be verified by surgeon.-The surgeon of said vessel sailing therewith shall also sign each of said lists or manifests before the departure of said vessel and make oath or affirmation in like manner before said consul or consular agent, stating his professional experience and qualifications as a physician and surgeon; that he has made a personal examination of each of the passengers named therein; and that said list or manifest, according to the best of his knowledge and belief, is full, correct, and true in all particulars relative to the mental and physical condition of said passengers. If no surgeon sails with any vessel bringing alien immigrants, the mental and physical examinations and the verifications of the lists or manifests may be made by some competent surgeon employed by the owners of the vessel.— 27 Stat. L., 569.

365. Deportation of paupers and criminals.-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

Such an act

the case may be) and the Department of State. is regarded by the United States as a violation of the comity which ought to characterize the intercourse of nations. 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 foreign vessel attempt to do so, he will by earliest mail notify the collector of customs at the port in the United States for which such vessel is bound.

366. Reports. It is the duty of all consular officers to report to the Department of State all information possible which will prevent the violation of the immigration laws; also to report all violations, by masters of vessels bound to any port of the United States, of the statute regulating the transportation of emigrants.

367. Reports to Treasury Department. When an emergency arises requiring consular officers to give prompt information to the Treasury Department to prevent violation of the immigration and contract-labor laws of the United States, they are instructed to write or cable (according to the exigency) directly to the Secretary of the Treasury. A report of their action should then be sent to the Department of State. The use of the cable is permitted only when communication by mail would defeat the end to be attained.

CHINESE LABORERS.1

368. Exclusion of Chinese laborers.-The coming of Chinese laborers to the United States is absolutely prohibited, both by treaty and by statute, except (as to subjects of China) under the conditions specified in Article II of the treaty between

1 The provisions of the acts of Congress (R. S., secs. 2158-2162) relating to the importation of coolies are practically suspended by the act of July 5, 1884. It is not considered necessary, therefore, to give any instructions based upon them.

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