The southern sentinel. (Winnfield, La.) 1883-1910, 1906-11-02
ASTOUNDING DOCTRINE
Controversy Over Exclusion OF
Japanese Children from the
White Schools.


a stipulation in the treaty oflS94
with Japan, will insist upon equal
privileges and accommodations
in the public schools of San
Francisco for japanese children
in utter disregard of the laws OF
California, marks the Strangest
and most startling departure In
the recent constitutional history
of the nation. Aside from the
fact that such a policy will dero-
gate the essential sovereignty of
the free people of California, it
will introduce into the economy
of our government an innovation
which may in time force upon US
train of ills but meagerly dis
cerned now, and not easily meas
ured aforetime. If the Federal
government is to be permitted to
bargain away, by treaty or other
wise, the States free and I'M
trammeled control of its public
school system; if we are to aban-
don our own children to the
tender mercies of the central
government. with its sordld
schemes of empire, its coarse
dreams of equality, and its vulgar
aspirations for commercial su-
pramacy in the Orient, we will
stumble into a colossal error, and
one which, in the end, will prove
as costly to the nation as it will
prove as costly to the State in
the beginning.
The constitutional rights and
powers of a free State can not be
bartered away by treaty stlpula-
tons: there are limits beyond
which the treaty-making power
of the Nation may not 60 in its
agreements with foreign govern
ments. Some of these limita-
tions have to do with the rights
and powers of the States, as sep
crate sovereignties. Supreme in
their own proper sphere. the
States can not be trammeled by
treaty stipulations, or otherwise,
in efforts to deal with such mat
tiers as lie properly, under the
Constitution, within the domain
of the States. In recent years
the treaty making power has been
used rather recklessly, and in
some instances, in total disregard
of constitutional restraints; but
it is unbelievable that the reckless
rise of a sacred power. power
designed to protect and promote
the interests of the Nation, and
the States composing the Nation.
rather than to plumber them of
their just rights, could or would
be pressed to the limit of strip
ping the States of the essential
attributes of sovereignty by de-
priving them of control over
their systems of public education.
Treaties were not authorized for
any such purpose.
The controversy with Japan,
growing out Of the exclusion of
Japanese children from white
schools in California, should warn
the Federal government against
any further abuse of this power.
Constitutional restraints should
be more scrupulously observed at
Washington. 1t is not possible,
by treaty, to bargain away the
rights of a State. The treaty
making power can not surrender
or nulify the constitutional secur-
tiles for personal liberty, it can
not cede to a foreign power a
State of the Union, or any part
of its territory, without the State s
consent; it can not regulate COM
merce with foreign nations, be-
cause this is legislative function;
it can not fix the rates of duty
imposed upon imported articles.
or admit them free of duty, be-
cause the power to lay and collect