It came to the Senate. and was taken up for consideration. It contained two provisions which Senator Harrison objected tothe fourteenth and fifteenth sections. which have been referred to by the Senator from Missouri . One of those sections provided in substance that no court should have the power or authority to naturalize Chinese subjects. Senator Harrison opposed that provision. and so would I have opposed it if I had been here. and I think that every other man who knew what the law was and was not willing to legislate for political purposes would have opposed it. too. Everybody knew that a Chinese subject could not be naturalized in the United States. and although it had been attempted by some judge up in BostonI forget whether it was the United States circuit or United States district judge up therethe judges on the Pacific coast. one or more of themI am not sure but the district judge and the circuit judge and Associate Justice Field had all decided that a Chinese subject could not be naturalized. What would have been the effect of Congress saying the courtsshould not have that power to naturalize Chinese would it not have been an assumption by legislation that they already had the power to naturalize Chinese subjects? It would have thrown a doubt. at least. upon the action which had already been taken by the courts. The attempted naturalization of Chinese was illegal. Even the record of such a proceeding would not have entitled a Chinese subject to citizenship. and Senator Harrison knew it. and as a lawyer he was bound to vote against that provision. As to the other provision referred to which was opposed by Senator Harrison. the provision undertaking to construe the word " laborer "1 as used in the treaty. the Senator from Missouri rightly says that Senator Harrison was too good a lawyer not to know that the treaty itself could be set aside by a law of Congress.
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