222 



CONGRESS, UNITED STATES. 



popularly known as the Dred Scott case. This 

 opinion, however, was endorsed at that time 

 by the people of one section of this country, 

 and is now recognized as being in accordance 

 riot only with the principles of liberty, but the 

 dominant sentiments of the country. I regard 

 it as a fortunate circumstance that I am able 

 to refer to a case that involves the question of 

 freedom and free labor in this country, and I 

 invoke the principles announced in that opin- 

 ion to justify this House in passing a law that 

 involves the present and future happiness of 

 the citizens of this country, as well as the im- 

 mediate settlement of a question that involves 

 the peace and good order of the Pacific coast. 



" The only restriction to the exercise of the 

 power herein claimed under the Constitution 

 and public law, as inherent in the Government 

 of the United States, is in the contingency sug- 

 gested by Justice Curtis, in which the United 

 States may have for reasons satisfactory to it 

 bound itself not to use its powers in a given 

 direction. There is nothing in the treaty with 

 China that indicates a relinquishment of power 

 on our part, and there can not therefore be a 

 reasonable ground upon which this Congress 

 should decline to take jurisdiction and action 

 upon the subject of discussion." 



The amendments were agreed to, and the 

 bill was put on its passage, and the result was 

 as follows : 



YEAS Messrs. Acklen. Aiken, Aldrich, Atkins, 

 Bailey, John H. Baker, William H. Baker, Banning, 

 Bayne, Beebe. Bell, Benedict, Bicknell, Blackburn, 

 Blair, Bliss, Blount, Boone, Brentano, Brewer, Bright, 

 Buckner, Cabell, John W. Caldwcll, W. P. Caldwell, 

 Calkins, Campbell, Chalmers, Clarke of Kentucky, 

 Clark of Missouri, Cobb, Cole, Cook, Covert, Jacob 

 D. Cox, Samuel S. Cox, Cravens, Crittenden, Cum- 

 mings, Davidson, Horace Davis, Deering, Dibrell, 

 Dickey, Durham, Eden, Elam, Ellis, Ellsworth, Er- 

 rett, James L. Evans, John H. Evins, Ewing, Felton, 

 Finley, Fort, Foster, Freeman, Garth, Gause, Gibson, 

 Giddmgs, Glover, Gunter, Hale, Hamilton, Hanna, 

 Harmer, Harrison, Hartzell, Hatcherj Hayes. Hazel- 

 ton, Hcnkle, Herbert, Abram S. Hewitt, G. W. Hew- 

 itt, Hiscock, Hooker, House, Hubbell, Hunton, Ittner, 

 Frank Jones, James T. Jones, Keightley, Kenna, 

 Ketcham, Killinger, Kimmel, Knapp. Landers, Ligon, 

 Lockwood, Luttrell, Mackcy, Maisn. Majors, Man- 

 ning, Martin, Mayhain, McMahon, Metcalfe, Mills, 

 Money, Morse, Muldrow, Ncal, O'Neill, Page, T. M. 

 Patterson, Peddle^ Pollard, Potter. Pound, Rea, Rea- 

 gan, Reilly, Amencus V. Rice, Robertson, M. S. Rob- 

 inson, Ross, Ryan, Sapp. Sayler, Scales, Shallenber- 

 ger, Singleton, Slcmons, William E. Smith, Southard, 

 Sparks. Steele, Stenger, Throckmorton, Amos Town- 

 send. R. W. Townshend, Turner, Turney, Vance, 

 Van Vorhes, Walker, Ward, Michael D. White, Whit- 

 thorne, Wigginton, Jere N. Williams. Richard Wil- 

 liams, Albert S. Willis, Willits, Wilson, Wren, 

 Wright, Yeates, and John S. Young 155. 



NAYS Messrs. Bacon, Bagley, Banks, Bisbee, 

 Bouck. Bragg, Briggs, Brogden, Bundy, Burchard, 

 Burdick, Cain, Candler, Cannon, Caswell, Chitten- 

 den, Rush Clark. Conger, Crapo, Cutler, Danford, 

 Denison, Dunnell, Dwight, Eames, Hardenbergh, 

 Benjamin W. Harris, Henry R. Harris, Hart, Hendee, 

 Henderson, Humphrey, Hungerford, James, John S. 

 Jones, Joyce, Lathrop, McCook, McGowan, Mitchell, 

 Monroe, Morgan, Norcross, Overton, G.W. Patterson, 

 Phelps, Pridemore, Pugh, Rainey, Randolph, Reed, 

 William W. Rice, Robbins, G. D. Robinson, Sampson, 



Sexton, Sinnickson, Smalls, A. Herr Smith, Starin, 

 Stephens, Stewart, Strait, Swann, Thompson, Tipton, 

 M. I. Townsend, Waddell, Warner, Watson, C. G. 

 Williams, James Williams 72. 



NOT VOTING Messrs. Ballou, Bland, Boyd, Bridges, 

 Browne. Butler, Camp, Carlyle, Claflin. Alvah A. 

 Clark, Clymer, Collins, Culberson, Joseph J. Davis, 

 Dean, Eickhoft', I. Newton Evans, Forney, Franklin, 

 Frye, Fuller, Gardner, Garfield, Goode, John T. Har- 

 ris, Haskell, Henry, Hunter, Jorgcnsen, Kcifer, Kel- 

 ley, Knott, Lapham, Lindsey, Loring, Lynde, Marsh, 

 McKenzie, McKinley, Morrison, Muller, Oliver, Phil- 

 lips, Powers, Price, Riddle, Roberts, Shelley, Sprin- 

 ger, John W. StonCj Joseph C. Stone, Thornburgh, 

 Tucker, Veeder, Wait, Walsh, Harry White, Andrew 

 Williams, Benjamin A. Willis, Wood, Casey Young 

 61. 



So the bill was passed. 



In the Senate, on February 16th, the bill 

 was considered. 



The "Vice-President : " The pending ques- 

 tion is on the amendment of the Senator from 

 New York [Mr. Conkling], which will be read." 



The Secretary : " The amendment is to strike 

 out all after the enacting clause, and insert 



" That the President of the United States is hereby 

 requested immediately to give notice to the Emperor 

 of China that so much of the existing treaty between 

 the United States and China as permits the migration 

 of subjects of the Chinese Empire and their domicile 

 in this country is unsatisfactory to the Government of 

 the United States, and, in its judgment, pernicious, 

 and to propose such modifications of said treaty as will 

 correct the evils complained of; said modifications to 

 be made in a new or supplemental treaty to be sub- 

 mitted to the Senate of the United States on or before 

 the 1st day of January, 1880. Should the Govern- 

 ment of China refuse or omit to agree by a change of 

 the existing treaty to such modifications, as aforesaid, 

 then the President of the United States is further re- 

 quested, and he is authorized, to inform the Emperor 

 of China that the United States will proceed by laws 

 of its own to regulate or prevent the migration or im- 

 portation to its shores of the subjects of China, and 

 after the 1st of January, 1880, to treat the obnoxious 

 etipulations as at an end." 



Mr. Hamlin of Maine : " Mr. President, this 

 question has resolved itself into two simple 

 propositions, one of power and the other of 

 expediency. Upon the question of power I 

 have heard no difference of opinion in this 

 body. That we may abrogate our treaties 

 with every foreign power is a doctrine which 

 I maintain ; and when it comes to that point, 

 when we are justified before the civilized and 

 Christianized world in abrogating a treaty, let 

 us do it. But I do not believe in the doctrine, 

 I do not believe in the expediency of seeking 

 to abrogate a treaty upon a single and com- 

 paratively unimportant part, expecting that 

 the main features of the treaty shall thereafter 

 remain in force. We have the power ; there 

 can be no doubt upon it in my own mind ; but 

 there is a broad distinction between power 

 and right. We may have the power to do 

 many things that are wrong; we may have 

 the power to do, and we may do, many things 

 that would not meet the approval of calm and 

 considerate judgment. What we should do, 

 and the rule by which we should be guided, is 

 the rule of right, not of power. 



