Speech #670161012

Mr. President. I want to call attention to the decision of tie Supreme Court in the Chinese Exclusion case. if I may be allowed to repeat in another form its effect as to the power of Congress to deal with foreign nations or whether Congress is confined to domestic matters in its jurisdiction. whether a Chinaman may come into the United States is a matter that affects China and also affects the United States. consequently it Is a proper matter of negotiation and treaty enactment between those two countries. but if Congress passes a law providing that a Chinaman can not come into the United States. that law of Congress affects China just as it affects the United States. We can not possibly escape from that conclnsioi. So I say. that the argument that it does not deal with a foreign matter is rather supertechnical. In the Chinese Exclusion case. at page 600. One hundred and thirteenth United States Reports. It is stated: It must be conceded. that the act of 1888 is in contravention of express stipulations of the treaty of 1868 and of the supplemental treaty of 1880. but it is not on that account invalid or to be restricted in its enforcement.