Speech #490019383

To meet and successfully grapple with and finally subdue and eradicate from our land this dire scourge will require some more heroic treatment. some more vigorous remedy. some more emphatic measure. some firmer. more decided. and aggressive governmental step than has ever yet been taken by the American Congress or the Government of the United States through any of its departments or instrumentalities. and one. moreover. which never can be taken rightfully or properly and at the same time preserve inviolate the present existing treaty stipulations between the United States Government and the Chinese Empire. and such an one. moreover. which in my judgment we can not within any reasonable time hope to obtain through the treatymaking power by any further negotiations with the empire. Hence it is that in the measure which I have submitted. and which is now under consideration. it is proposed that the States and thepeople of this Republic. as they constitutionally and of right may do. through their Senators and Representatives in the Congress of the United States. with the approval of the Executive. or even by a sufficient vote of the Congresswithout his approval. remove those barriers that have for years stood in the way of Congress in the form of treaty stipulations. and which have restricted and prevented it from inaugurating the necessar measures and exercising the requisite powers to successfully deal with this momentous questionwith this herculean evil. In other words. it is proposed by the bill under discussion as a first essential step to clear the way of all obstructions. so that Congress may constitutionallyand rightfully risein the scale of legislative power and XV -11I4 action to that position which time and circumstance have demonstrated is absolutely necessary to meet this political scourge. by wiping out of existence every treaty stipulation with China which in any manner or in any form recognizes or permits the coming of Chinese to this country. or which inhibits the United States from absolutely prohibiting Chinese immigration to the United States. and then. the right of way to Congress being thus clearly secured. the bill proposes to absolutely prohibit the coming of Chinese whether subjects of the Chinese Empire or otherwise. as well those who have been here and have returned. those who are now here and who may hereafter leave the United States and attempt to return. as those who have never yet been within our limits. to any port or place within the United States. or from landing orremaining therein. excepting only diplomatic. consular. or other commissioned officers and their household and body servants. In considering this bill two questions of importance present themselves : First. Has the United States the constitutional right or power by an act of the Congress to abrogate or repeal a treaty with a foreign nation. and Second.