No. 190.
Mr. Bayard to Mr. Chang Yen
Hoon.
Department of State,
Washington, March 4,
1887.
Sir: I have the honor to inclose for your
information and that of the Government of China several copies of an act
of Congress, approved February 23, 1887, to provide for the execution of
the provisions of Article 2 of the treaty between the United States and
China, of November 17, 1880, touching the opium traffic.
Accept, etc.,
[Inclosure.]
[Public—No. 67.]
AN ACT to provide for the execution of the
provisions of article two of the treaty concluded between the United
States of America and the Emperor of China on the seventeenth day of
November, eighteen hundred and eighty, and proclaimed by the
President of the United States on the fifth day of October, eighteen
hundred and eighty-one.
Be it enacted by the Senate and Home of
Representatives of the United States of America in Congress
assembled, That the importation of opium into any of the
ports of the United States by any subject of the Emperor of China is
hereby prohibited. Every person guilty of a violation of the
preceding provision shall be deemed guilty of a misdemeanor, and, on
conviction thereof, shall be punished by a fine of not more than
live hundred dollars nor less than fifty dollars, or by imprisonment
for a period of not more than six months nor less than thirty days,
or by both such fine and imprisonment, in the discretion of the
court.
- Sec. 2. That every package
containing opium, either in whole or in part, imported into the
United States by any subject of the Emperor of China, shall he
deemed forfeited to the United States; and proceedings for the
declaration and consequences of such forfeiture may be
instituted in the courts of the United States as in other cases
of the violation of the laws relating to other illegal
importations.
- Sec 3. That no citizen of the United
States shall import opium into any of the open ports of China,
nor transport the same from one open port to any other open
port, or buy or sell opium in any of such open ports of China,
nor shall any vessel owned by citizens of the United States, or
any vessel, whether foreign or otherwise, employed by any
citizen of the United States, or owned by any citizen of the
United States, either in whole or in part, and employed by
persons not citizens of the United States, take or carry opium
into any of such open ports of China, or transport the same from
one open port to any other open port, or be engaged in any
traffic therein between or in such open ports or any of them.
Citizens of the United States offending against the provisions
of this section shall be deemed guilty of a misdemeanor, and,
upon conviction thereof, shall be punished by a fine not
exceeding five hundred dollars nor less than fifty dollars, or
by both such punishments, in the discretion of the court. The
consular courts of the United Stated in China, concurrently with
any district court of the United States in the district in which
any offender may be found, shall have jurisdiction to hear, try,
and determine all cases arising under the foregoing provisions
of this section, subject to the general regulations provided by
law. Every package of opium or package containing opium, either
in whole or in part, brought, taken or
[Page 238]
transported, trafficked, or dealt in
contrary to the provisions of this section, shall be forfeited
to the United States, for the benefit of the Emperor of China;
and such forfeiture, and the declaration and consequences
thereof, shall be made, had, determined, and executed by the
proper authorities of the United States exercising judicial
powers within the Empire of China.
Approved, February 23,
1887.
