218 



CONGRESS, UNITED STATES. 



of executive power, could have intended to 

 intrust the grave questions which might arise 

 during the count of a presidential vote to the 

 determination of a single officer, who, as the 

 Constitution was originally framed, must have 

 heen one of the two last candidates for the 

 Presidency, and in all probability, under their 

 hahit of continuing the same men in public 

 service, would be one of the candidates whose 

 election was to be determined by the count. 

 The only other alternative was the construc- 

 tion adopted, which imposed the power and 

 duty of determining these questions upon two 

 equal bodies, who could not therefore act by a 

 majority, who would frequently be of different 

 political parties, and whose difference must of 

 course be expected to occur frequently in prac- 

 tice. 



" Now, it does not seem to me that this bill 

 or that any bill has removed the essential diffi- 

 culty which grows out of that oversight made 

 by the framers of the Constitution. This bill 

 provides that when, in regard to the votes re- 

 turned from any State by two bodies claiming 

 to have the right to make the return from the 

 State, there is a difference of opinion, neither 

 vote shall be counted. I can not understand, 

 I never could understand, how that could be 

 called a count of the vote for the Presidency, 

 when the counting power simply said they 

 were unable to determine what individuals 

 made up the aggregate which was to be count- 

 ed. How can you count the number of votes 

 when all you have said is that there are ninety 

 partly for one man and partly for another, and 

 that there are ten which you can not deter- 

 mine whether they belong to the aggregate to 

 be counted or not ? That difficulty is untouched 

 by the pending bill, and it can not in the nature 

 of the case be removed except by a constitu- 

 tional amendment which gives to one author- 

 ity, and not to the concurrence of two au- 

 thorities, the power of determining these ques- 

 tions." 



Mr. Edmunds: "The objections that have 

 been made to the bill recognize, I think in 

 every instance, the principle upon which it is 

 founded, and that is, the right of each State to 

 determine for itself the choice of its electors. 

 All that follows is the regulative method of 

 going through with the administrative act of 

 counting the votes which the States have sent 

 to the national capital to express their choice 

 for President of the United States." 



The Presiding Officer (Mr. Mitchell in the 

 chair): "The question is on the passage of 

 the bill." The Secretary proceeded to call the 

 roll, and the result was then announced as 

 follows: 



YEAS Messrs. Allison, Anthony, Bayard, Elaine, 

 Booth, Burnside, Cameron of Pennsylvania, Cameron 

 of Wisconsin, Christiancy, Conkling, Davis of Illinois, 

 Dawes, Edmunds, Ferry. Hamlin, Hoar, Howe, Ingalls, 

 Kellogg, Kirkwood, McMillan, Matthews, Merrimon, 

 Mitchell, Morgan, Morrill, Oglesby .Paddock, Patter- 

 son, Plumb, Eollins, Saunders, Teller, Wadleigh, 

 Windom 35. 



NAYS Messrs. Armstrong, Bailey, Beck, Butler, 

 Coke, Davis of West Virginiaj Dennis, Eaton, Eustia, 

 Gordon, Grover, Harris, Hereford, Hill, Jones of Flori- 

 da, Kernan, Lamar, McCreery, McDonald, 'Maxey, 

 Randolph, Ransom, Thurrnan, Voorhees, Wallace, 

 Withers 26. 



ABSENT Messrs. Barnum, Bruce, Chafiee, Cockrell, 

 Conover, Dorsey, Garland, Johnston, Jones of Neva- 

 da, McPherson, Sargent, Saulsbury, Sharon, Spencer, 

 Whyte 15. 



So the bill was passed. No decisive action 

 on the bill was taken in the House of Repre- 

 sentatives. 



In the House, on January 29th, the following 

 bill to restrict the emigration of Chinese to the 

 United States, with the amendments of the 

 Committee on Education and Labor, was con- 

 sidered : 



Strike out the parts in brackets, and insert the parts 

 in italics. 



Be it enacted, etc., That no master of any vessel 

 owned in whole or in part by a citizen of the United 

 States, or by a citizen ot any foreign country, nor other 

 person, shall take on board such vessel, at any port [of] 

 or place within the Chinese Empire, or at any other 

 foreign port or place whatever, any number exceeding 

 [ten] fifteen Chinese passengers, whether male or fe- 

 male, with the intent to bring such passengers to the 

 United States, or shall bring such passengers to any 

 number exceeding [ten] fifteen on one voyage within 

 the jurisdiction of the United States. 



SECTION 2. That whenever the master or other person 

 in charge of any such vessel takes on board the same, 

 at any foreign port or place, any greater number of 

 Chinese passengers than is prescribed hi the first sec- 

 tion of this act, with intent to bring such passengers 

 to the United States, or bring such passengers to any 

 number exceeding [ten] fifteen on one voyage within 

 the jurisdiction of the United States, he shall be deemed 

 guilty of a misdemeanor, and shall for each passenger 

 so taken on board or brought within the jurisdiction 

 of the United States exceeding the number of [ten] 

 fifteen, be fined $100, and may also be imprisoned for 

 not exceeding six months. 



SEC. 3. That the master of any vessel arriving in 

 the United States, or any of the Territories thereof, 

 from any foreign place whatever, at the same time that 

 he delivers a manifest of the cargo, and if there be no 

 cargo, then at the time of making report or entry of 

 the vessel pursuant to law, shall, in addition to the 

 other matters required to be reported by law, deliver 

 and report to the collector of the district in which such 

 vessel shall arrive, a separate list of all Chinese pas- 

 sengers taken on board the vessel at any foreign port 

 or place, and of all such passengers on board the vessel 

 at that tune ; such list shall be sworn to by the master 

 in the same manner as directed by law in relation to 

 the manifest of the cargo ; and the refusal or neglect 

 of the master to comply with the provisions of this 

 section shall receive the same penalties, disabilities, 

 and forfeitures as are provided for a refusal or neglect 

 to report and deliver a manliest of the cargo. 



SEC. 4. That the amount of the several penalties 

 imposed by the foregoing provisions shall be liens on 

 the vessel violating those provisions ; and such vessel 

 shall be libeled therefor hi any circuit or district court 

 of the United States where such vessel shall arrive. 



[SEC. 5. That informers shall be entitled to one half 

 of any penalty or fine collected under the provisions 

 of this act upon their information.] 



SEC. [6] 5. That nothing herein contained shall be 

 held to repeal or modify any law forbidding the im- 

 portation of coolies, or of females for immoral pur- 

 poses, into the United States : Provided, That no con- 

 sul or consular agent of the United States, residing at 

 any port from which any vessel taking Chinese pas- 



