The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-19
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amendment went into effect. making the
negroes citizens, giving them civil rights
and enumerating certain of those civil
rights This amendment also cut down
the representation in Congress Of such
states as denied 10 negroes the right TO
vote. But no southern state, rs re-
suit Of this penalizing, ever enfranchised
the negro. 1t was on February 26, 1868,
that the fifteenth amendment was pro-
posed by Congress. 1t declared that the
right of citizens of the United States TO
vote shall not be denied Or abridged by
the United States or by any state on ac-
count of race, color, or previous eondi
ton of servitude. 1t went into effect
March 50, 1870 ratified by thirty states.
It was rejected by California, Oregon,
New York and seven other states.
1t is shirtY-siN years since the fifteenth
amendment : 70 negroes the right to
vote. Docs President Roosevelt think
that negroes freely exercise the right to
vote in the southern states? We do not
think so. It is thirty eight years since
the fourteenth amendment gave to ne
groes civil rights. Does President Roose-
Welt think that negroes are granted equal
rights In theatres hotels, railway trains,
or stree. cars in all the states, southern
or northern? We do not think So l.
may be said that the federal courts can
coeree the states into giving equal
rights" to the negroes. We do not think
so. But if there may be those who doubt
the soundness of our judgment, we may
add that the United States supreme court
I'm the celebrated "slaughterhouse cases
decided that the fourteenth amendment
does not deprive the states Of police pow
ers; that court upheld the right of the
states to regulate their domestic affairs
IL decided that there is a citizenship OF
the states we'll as of the United
States; it decided that the states could
vest certain privileges and immunties
with their citizens.
This decision was opposed by many Elk
tremists, as tue war feeling still ran
high. Congress thereupon passed meas
tire known as the civil rights bill,
which was intended to extort from the
white citizens of the southern states the
recognition OF the negroes equal
rights" This law, when brough. up be
fore the supreme court was declared to
be unconstitutional In the light of these
facts We dc not believe that the federal
government can coerce the state of Cal
ifornia in this matter of its school laws
Stree the fire we have not had at hand
Il copy OF the treaty with Japan. 1t is
true that treaties are a part Of the SUI
pre1ne law of the land, but we do not be-
lieve that even the constitution could en-
power the federal government TO force
Chinese or japanese or other Asiatie
children into the California public
schools. We believe that the conduct of
the public schools is purely a domestic
matter with which the federal govern
ment has nothing to do. That govern
ment is a government of delegated rights,
and the states never delegated to it the
right TO control their public schools.
But, even if this reasoning is ing, We
assure President Roosevelt, Secretary
Root and Secretary Metcalf that 1t is i'm
material TO the people OF California what
construction may be put on treaties and
laws in so far as they affect the right
10 enter the public schools of this state.
Thc people of California will never pei
Init children of Asiatic descent 10 sill at
the same desks and occupy the same
rooms with their white children. The
government Of the United States is pow
erfui, but it is not powerful enough for
That. II il should attempt TO force into
The public schools of California the chill
dren OF alien, semi-servile and pagan
races, it may perhaps do SO under the
federal law, for the citizens of this state
are law abiding. But the attempt will
only result in the school houses of this
state being turned over 10 the Chinese,
Japanese, Ceylonese, Filipino and Lascal
protege5 of the fedora. government, and
tic white men and white women of Cal
ifornia will educate their children in
schools OF their own.