Speech #500003082

On the other hslnd. if a law as a commercial regulation. to say nothig about the right of the House of Representatives to originate revenue bills and tariffbillswaiving all tlsatif a law about the introduction of persons should be passed. and afterward the President and the Senate should conclude a treaty with a foreign power which confilicted with the law. then in the same way the treaty would override the law and abrogate the law to that extent. In other words. the last act of the sovereign power exercised in either way under the Constitution. being a complete exercise of sovereign power. would prevail." But. again. in 1879. when the act abrogating the Burlingame treaty was finally passed through both Houses of Congress. Senator Thurman. of Ohio. expressed his views upon this question as follows: "It has been said." referring to te prohibition of Chinese immigration. "that it cail only be done by the negotiation of a new treaty. I do not know that that proposition has been distinctly advocated upon this floor. but if it does lurk in the mind of any Senator I beg him to listen to the very few observations I have to make upon it. "To malt seems perfectly clear that the proposition can not for a moment be sustained. and that it would be ruinous to this country. or to any country. to hold tiat a treaty can only be put ais end to by the negotiation of another. for that would put you completely at the mercy of the party with whom you had negotiated the treaty. Take. for instauce. this very case.