Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-01-25

void, and no Court has decided otherwise.
Mr. Enos-I beg leave TO differ with YOU
Mr. Sears-You have the opportunity TO present
your authorities In 18th WDlac5 in the celebrated
Cherokee Tobacco case page 62O-and TINS Is one OF
the most celebrated cases in the United States, IN
the Supreme Court OF the United States presume
this will be sufficient authority to guide almost any
Seuafor-it saws " IL need hardly De salu thaS tne
treaty can change the Constitution IL the gentie-
man would turn his face this way and listen 70 ths
and not turn his back upon the decision OF the gu
nreme Court he might be informed. am reaiiing
| from the authority of the Supreme Court OF the
United States It need not hardly be said that the
treaty can change the Constitution o. be held vad
if 1t be in violation Of that instrument ms re,
| sults from the natural fundamental principles OF
our government. That ought to satisfy the genlie
man That is 18th Wallace, page 62o. In sanioru
| ReDorts volume l. page $50, Lynch vs.. Clarke, l
will saw that this case deliberately argued ana
that it takes up nearly one-quarter OF me oook
Under the Constitution OF the Unitea states .Ie
power to regulate naturalization IS invested III Oo
These authorities which have read from are Old.
will now read from "Cooleys Principles OF Constr
tutona Law published IN 1851 WHEN Is t1e ia.es
n il ssvs 1.-THE Congress OF the United States de-
ryes its mower to legisate from the constitution,
which is the measure OF It's anthor.ty ana any en-
actment of Congress which is opposed to It's provs
IONS or is not within the grant of powers made by
il. is unconstitutional, and therefore no law, ana
obligatory upon no one. IL says fufther
treaty NAV therefore supersede PRIOR ACT OF Con-
| oress. and on the other hand, an Act Of Congress
| may supersede prior treaty. That refers to law
of Congress embracing a subject which the Consti-
tuition OF the Unitsd States has not gwen Congress
the exclusive control of. II has the exclusive CON
troll over naturalization, and no treaty can take 1t
away.
On page 80 it says: "The Constitution itself
| never Yields 10 treaty enactment; it neither
changes with time, nor docs it in theory bend to
the force OF circumstances. 1t may be amended ac-
coring 20 its own permission; but while it stands
II is law for rulers and people, equally in war and
| -. VI wit
ton all classes Of men, at all times and under all
circumstances Its principles cannot, therefore, be
set aside in order to meet the supposed necessities
of great crises" On page n, under the heading OF
| Naturalization" it says: Congress is further
| empowered to establish an uniform rule OF natu-
raiz. tion Naturalization is the act by which the
rights privileges and immunitles OF citizenship are
/ conferred upon person born an alien. There Is
| no ooubt that when Congress has prescribed rule
| it power is exclusive, since any regulation by
State not in force in every other state would break
the rule of uniformity The States have, therefore,
by their consent to this provision, made Congress
the exclusive depository of the power to confer Cit
Zenship
| saws The President has power, By and with the
| consent Of the Senate to make treaties, provided
tao thirds OF the Senators concur. The Constltu'
ton imposes restriction upon this power, but 1t
Is subject to the implied restriction that nothing
| can be done under it which changes the Constitu-
| ton of the country, or robs department OF he
Government, or any of the States, OF its consutu-
| authOrltN. / L
GENTLY from this work to satisfy almost any person
who is not blinded by partisan motives that to at
tempt to confer directly or indirectly naturaliza-
ton by treaty upon the subjects OF foreign nations,
would be robbing the legislative department OF the
| Government of its constitutional authority. in
tended to quote from cur treaty with Mexico but
have covered that subject in my reply to questions
| by Senator Euo5.
| Mr. Presi fent we come now to consider the Swift
Angel treaty and desire TO say word or two IN
regard to these resolutions Senator Davis has sent
up certain amendments to them, yetin his argument
| he has taken position against his own amend
ments and he has left the clause in here that "we
are materially opposed to the ratification.
| OF said provision in said treaty, and
that "we respectively urge and demand,
IA we are most to be effected by such pro
visions such amendments to such treaty as s. all
positively prohibit any claim to naturalization in
this country of any subject OF native OF the Chi
nese Empire" Leaving that in the resolutions makes
them lust "a Objectionable, because it is declara-
ton which has authority. Mr.. President, in
arguing this question OF treaty have not said any
| thing in relation 10 the evils of the Chinese upon
this coast and do not wish to argue that question
at this time. preferto conne myself tiy to the
doctrine in resolution that naturalization can be
conferred by the treaty, which deny. In my argu-
ment have not attempted to work upon the preJu-
dice OF any or to make political capital for any
PARTY / do not wish to take that position. 1t is
not party question this coast, the platforms OF
all political parties in California for many years,
have demanded that restriction be placed upon
Chinese immigration. The people OF California are
unanimous upon that question. President Hayes
appointed Commissioners to go to the Chinese Gov
eminent aud they have negotiated this treaty.
Here is an article which was presented by the Chi
nese Government to our Commissioners ask
ing them to adept IL. 1t reads as fol-
lows 't1he limitations to be placed on the
immigration OF Chinese laborers will be
temporary in their nature. The number of immi-
grants allowed will be excessively small nor the
term of year excessively long. Suck regulations
will apply only to Chinese laborers at work for,
and employed by, American citizens or other classes
who go ard come TO and from the State OF Califor
MIA and their servants and employees, whether ac
companung or following them, shall not be iu-
clused in the limiting regulation" Under this
article you will the sophis,Ty contained in 1t ;
they included only tho who work fol American
citizens. AL you would have to do would be to let
| n contract to a Chinarnan and he then under that
article could employ all the Chinese he desired.
Put Commissioners were shrewd enough to see
this defect, and feeling the responsibility which was
placed upon them, and knowing the wishes OF our
people they have engrafted in the treaty that Con
gress shall regulate Chinese immigration. Is not
that step in advance2 Is not that what we have
been asking for several years And yet some Sella
tors upon this floor, after this State has been
struggling fer years TO limit this from coming
to cur sheres, would throw this treaty away regard
less of the advantages which are obtained
under it. MIR. President, l do not occupy
that position. There is class of individuals
who would like To see this treaty rejected That
class are the owners OF steamship lines running to
China They do not desire to have Congress limit
that immigration. hina Is great slave market.
Millions upon millions of coolies are in that country
waiting for an opportunity to come to cur shores.
And state it fact that during the last ten years
in California, account of the opposition which we
have made to their immigration, the Chinese popu-
lation has increased but little in California. For
ten years il has remained about the same. / SUBJ
nit to the candid judgment of every Senator here,
is it not wisdom-is it not better Tor to accept
that treaty and make sure of the advantages which
it gives the other treaty, and then, after we
have secured that let us work for more. Do not let
US throw away this half loaf and leave ourselves
none. Let us take this mite, and then We may ask
for more Congress has power under this treaty,
when ratified to limit Chinese immigration. They
may say not over five shall come here any one
vessel. And believe under this treaty this curse
will be almost stopped. Let us secure these adj
vantages; let not reject this treaty In heavens
name let us not adopt set of resolutions
which declare q principle against the
very Constitution of the United States
and the very decision of ali the Courts in the land
am in favor OF this treaty. Perhaps 1t does not
ga far enough but | am willing to take it as it is
| am willing to secure the new, benefits given us
| under it, and when have secured that much,
then we may take the necessary steps to secure
more. 1t has been demanded in the platforms OF
all the polite parties. 1t is of the things for
which we have been struggling. We remember
how those who were opposed to Chinese lmmi-
grafton struggled for the passage OF the Fifteen
| Passenger Act" that limited the Immigration OF
Chinese to fifteen on one vessel; but IN the Senate
OF the United States an amendment was made to
that law which abrugated two OF the provisions OF
that treaty. To abrogate one two provisions of
treaty would abrogate thu whole. Those were the
the reasons gwen by the President, emf
nent lawyers and Statement against that law,
during that struggle and that the reason why
President Hayes placed his veto upon the " fifteen
passenger Act" Ii the - fifteen passenger Act -
would satisfy the people then, aud everybody here
demanded it, irrespective of party, why should not
we be satisfied with treaty which gives to Congress
the power to limit Chinese immigration in less
numbers than that did There are Senators upon
this floor whose party cry was ''The Chinese must
go That motto emblazoued upon their party
Banners but when they vote against the ratf ;alon
of this treaty they 90 back to outraged people
with The motto branded upon their acts, the Chi
nese must come" What kind OF reception
you expect to meet with when you face a suffering
constituency with such change of principle2 Let
not the voice of California be flashed across the wires
that we refuse to accept what we have been strug
Cling over twenty years to accomplish. hope the
senate will vote down these resolutions and give its
! Endorsement to the ratification of the treaty.
Speech of Senator Johnson.
Mr. Johnson-Mr. President, 1 shall attempt
| briefly, hope plainly, believe concisely, know
truthfuy, to reply to the very remarkable argu-
ment made by the Senator from Marin, in opposi-
ton to the resolution introduced by the Senator
from Yuba.
At the outset permit ne to say that shall en-
deavor to take the Senator's speech up from the
beeiuni z as / made notes CT it, and reply to the
various propositions that he advanced in the order
! in which be presented them. Therefore, if my
! marks shall seem to be somewhat homogeneous, it
will not be my fault, but the fault OF him whose path
l follow
The Senator in opening found considerable fault,
s1,.rt