Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-04-06
FORTY-SEyBNTH CONGRESS-.

WAsHIxerox, April 5.

t;opinp fur favorable action on the Missis-
sippi levee appropriation bill. and opposing
any experimental scheme to which the best
engin. ering talent OF the country Is opposed.
Read a. referred.
1 Mr.. Mitchell presented petition for the
relief of the estate of John w. Forney. Of
Philadelphia, asking for the refunding Of the
amount paid by him when secretary OF the
senate to make good defalcation.
| Mr.. Morgan called up his resolution look
ing to a reciprocal treaty with Mexico, and
inv iting the President to bring the subject to
the attention Of both countries. Passed with
out objection.
At2 o'clock the Presidential count bill.
came up as unfinished business, but after con-
siderable debate. during which precedence
Was claimed tor the Chinese bill as over all
other business.
The Senate voted to lay aside the presi-
dental count bill, and the vetoed Chinese
bill was taken up without opposition.
Mr. Sherman moved to refer the bill and
message t, the committee on foreign rela-
tions.
Mr.. Sherman supported and elaborated
the objections of the President, and partcu-
larly of the Chinese Minister. and urged that
as there was no occasion for haste the meas
ure should be carefully perfected in the COM
mittee with view o, 0byiating these Ob]ec-
tons.
Mr.. Morgan argued that the motion by in
volvng the virtue of reconsideration of the
measure. was an evasion of the constitution
atty requirement Of a direct vote.
Referring to the memorandum of the five
objections to the bill by the Chinese Minis
ter which accompanied the veto he said he
believed this TO he the first instance in Amer
lean history, in hich the President of the
J United States had consulted foreign power
apout which Congress was legislating. as to
whether the proposed legislation would be
agreeable to that power. Far as it concerned
the President the objections of the Chinese
Minister had been worth more than the argu-
J ments on which the bill had passed Congress.
Mr.. Bayard said it was useless for the
friends of the bill to expect by referring the
} bill to change its features in accordance with
the Pre- sident's objections, and that they were
compelled to see it knocked in the head by
J what he called 'Chinese veto" He pro-
posed to answer the sole objection upon which
. the President had seen fit to return the bill,
and to show it had no justification.
He said the phraseology of the veto did
not seem to be that which ought properly to
characterize a communication between the
great departments of this government This
language. coming from the executive, in re-
! gard to the act of Congress. deliberately dis
: cussed and passed by both houses and unani-
mouslv recommended by the committee of
! the Senate, was an impugnment of an act of
, Congress and of the votes of those who
passed it. There was no safety for either
contracting party of the treaty ITSELF so sol.
, EMMY signed and sealed. 1t was not to con-
, tain the evidence of its own meaning and
e construction. The ambiguity of the instru-
ment is to be cleared up from the contem-
P poraneOus history, but an ambiguity must be
established before we compel the language of
the treaty to bend to something that has pre-
e coded it.
D Mr.. Bayard took up and read at length
from the memoranda of the conversations
between the commissioners pending the me-
e gotations to show that the Chinese govern
ment and its commissioners voluntarily con-
coded the power to regulate the limit or sus-
t pend the cunning of Chinese laborers into this
e country. was by the treaty vested solely in
: the discretion of the government of the
, United States. That fact was admitted and
D the proof of the concession was clear and
4 positive. This power was spoken of in the
1 veto as ''Unlateral" and it might be so term
= ed but it was conceded, not by the Unilateral
8 vote but BY the consent of both nations.
P He asked special attention to the definition
given by the Chinese representatives as to
what they considered a reasonable restriction
f as to the numbers. This was, the government
e of the United States would prevent a greater
t number coming in in an, one year than the
= minimum or maximum of departures in the
' preceding year. and further, that the total of
Z those already here should never be exceeded
: He urged that the Congressional lnterpreta-
tion of the treaty fixing 20 years was unas-
t sailable and stood a long way inside of the
: proposition of the Chinese themselves, and
that under no circumstances should the num-
d Der Of their people in this country ever be in
ha OF
: beginning to end, and while it descanted
: upon the value had received from the
Chinese in building of railroads it contained
: not one word of pity or Reproduction for any
t wrong the people of the Pacific coast had
: suffered.
e The pending question being divided, at the
# request of Mr. Garland, the vote upon the
D first branch to refer the bill to the committee
n on foreign relations resulted, ayes Is, noes
h ~. The second branch to refer the message
) was also negative, ayes 10, NAYS 20.
n On the question shall the bill pass not
Z outstanding the objections of the President,
f the vote ives, yeas 20 noes 81. So the bill
failed. two-thrds not having voted in the af.
= firmative. The vote is as follows:
t Yeas-Bayard, Beck. Call Cameron of
r Wis, Cockrell. Coke, Davis of w. Va, Fair,
e Farley. German, Grover, Hampton, Harris,
n Hill of Colorado, Johnston, Jones of New.
u
r Miller of New York, Morgan. Pendleton,
Pugh, Slater, Teller, Vest, Voorhees, and
n Walker-29.
D Navs-Aldrich, Anthony, Blair, Davis of
I'LL, Dawes, Frye, Harrison, Hawley, Hoar
e ingalls,, Kellogg, Mcmillan, Mitchell, Nor
f rill. Platt, Plumb, Rollins, Sawyer, Sewall
4 Sherman and WINDMILL.
I Garland. Jackson. Jones. Ransom. Sauls-
bury. Williams and Vance, in the affirmative,
e were paired with Edmunds. McDill, Allison,
Logan. Ferry Saunders and Conger in the
negative.
The bill to regulate the Presidential count
was restored To its place As unfinished busi-
ness and the Senate adjourned.
I HOUSE.
Mr.. Ketcham, of New York, from the COM
mittee on appropriations, reported the Dis
trict Of Columbia appropriation bill.
I The House went into committee of the
/ whole, Mr.. Haskins. of Kansas, in the chair.
, on the army appropriation bill.
Mr.. Hiscock then offered an amendment
? providing that no money, appropriated in the
bill. shall be used in the investigation of the