The Caucasian. (Clinton, N.C.) 188?-1913, 1900-01-18

the pOS16lO0 OF the E0Q0F8l GOVERN
ment towards the Chinese incor-
rectly. There never was q time
from 1902 to 1873 that q Chinaman
COULD become naturalized. The
words Of the Naturalization Act be-
ing "The provisions OF this Title
shall apply to aliens, being free
white persons" In 1870 Mr.. Sum-
ner, in his universal and indiscrim-
mate love for all mankind, moved
to strike OUT the word ''white" In
the Naturalization Act. His mo-
ton failed. In the 1873 Revision,
however, this word was omitted.
Geo. S. Boutwell, of Massachusetts,,
made this revision. But it was
again restored to the Act by Con-
gress, Feb. 18th, 1875. Mr.. SAM
ner, however, in 1870. did succeed
in incorporating the following |
clause in the law" and the aliens
of African nativity and to persons of
African descent" In 1882 Congress
prohibited absolutely the naturali- |
cation of Chinese. But before that
time Judge Sawyer in the case In
re All Yup, Sawyer, decided that
Chinese could not be naturalized. |
See 80 Cent. L. I. 235. Nobody but
a free white person or an African
can be naturalized Section 8, sub |
Sec. 4 of Art. of the Federal Con-
stitution gives Congress plenary
| power over naturalization and it
must not be forgotten that the
"citiZens of the United States" of
n
born or naturalized in the United
States.
Now I come to the cases about
which Mr.. Simmons makes such
an eloquent peroration. 1 wish l
could copy it but it is too long.
The cases are Foong Yue Ping VS..
United States, l49 u. s. 698, and
Lem Moon Sing VS.. United States,
40 Cent L. I. 467. See % Am Law
Rev. p. 2s9 ct. seq.
Congress holds the key that un-
locks the door which prevents
aliens from entereng into ciJizen-
ship in this country. When that
door is unlocked then they may be-
come citizens, protected in their
civil rights by the Fourteenth
Amendment and in their suffrage
rights by the Fifteenth Amend
ment. No Chinaman born in this
country has ever been deprived of
his right to vote. II he was born
elsewhere, the naturalization laws
have no application to him, and he
can never become citizen. Nor
can a Jap nor any of the yellow
races. We are either white or black
under our naturalization laws.
There are no mixed colors among
them. See article of MIR. Lawyer,
40 Cent l.. L. p. LOG.
come now to examine one of Mr..
Simmons positions in which he
seems to have great confidence. l
, quoie him:
, eff there is anything that is abso-
: lutely certain, it is that the Supreme
court of the United States cannot hold
, that law, which would be constitu-
: tional in our State and would be un-
constitutional in another. The Federal
-. Constitution applies to every inch of
3 territory in the Union, and there be
: one State in which such constitutional
: provision would be constitutional, it
WOulu JIG COuoelUuOlUuot III OLE
! If Mr.. Simmons had not written
this himself and published it over
l his own sign-manual, should not
have believed that he could have
written it, so much respect have !
: for his ability. 1t is true that the
Federal Constitution applies to ev-
cry inch of the several United
2 States. But how can it apply equal
t ly and impartially and uniformly.
g unless the courts take into sonsid-
GRAFTON the different circumstances
the differnt necessities, different
history and different population
= of the different States.
Let me illustrate, Mr.. Simmons
8 is going to make Typographical
q survey of the country-New Hamp.
). shire, Vermont, Maine, and North
:. Dakota are on dead level. When
a he reaches North Carolina he is
: confronted by butting crags, anG
# beyond, in South Carolina, Missis.
:. sippi and Louisiana, towerin
! mountains. Will he pay any atten
: ton to them? No, no, what is lev
ell in Vermont, New Hampshire
Maine, and North Dakota must bt
y level in North Carolina, South Car
y Dina, Mississippi and Louisiana
r That is Mr.. Simmons idea of the
general operation OF the Fedora
h Constitution. But that Constitution
n does not operate in that way. Il
!. would not be equal if it did. II
q sees the crags and towering
}. mountain tops and runs it's linz
a across them, and not through then
Il And thus it secures equality O
. deportation, and only thus could il
4 secure it. The thirteenth amend
v ment grants the negro immunity
= from slavery; the 18th Amend
d ment the equal enjoyment of civil
q rights; the 18TH amendment ex
:. emption from discrimination il
, voting. Equality of right, equal
~ y of privilege is all that thes,
is amendments secure. Section ere
v ates an inequality in that it, in re
l. ality, disqualifies slaves or the de
70 cendents of slaves from voting, i
20 they have not sufficient education
= while every white man may vote
is regardless of his education, an,
D. thus it runs through the crags ant
- mountain tops and not over them
Is 1 come now to what the Progress
, sive Farmer and the Editor regart
IS as the strongest point made in ia
- vor Of the constitutionality of sec
IS ton 5. They say-first, the editor
"Under the Mississippi law tn
b. registrar is given absolute discre
ton to say whether voter, though
he can read the Constitution, un
:, derstands its meaning or not. TIL
- possibilities of the abuse of thi
=. law were not taken into considera
IS ton by the court, certainly not un
ts favorably. See the Post Of Jun