The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-05-28

| argument OF great cOgency, has I'M
peached the validity Oh an Act Of
whose constitutionality it had grave
doubts; but in a question involving
personal liberty where it has no
doubts, and where the circumstances
are urgent, it cannot refrain, from
any consideration or delicacy, from
the performance of plain duty. The
petitioners in this case are of the
poorest and humblest class of citiz-
ems. 1t would be mockcry of Justice
to say to them: You must carry your
appeal from this unjust Judgment,
first to the Circuit Court, then to the
Supreme Court of the state, and if
necessary, by Writ of error, to the Su-
preme Court of the United States.
Their case has been brought here by
young member of this Bar, himself
belonging to a race that in the past
has suffered through centuries Of in
justice and oppression, whose heart
has been touched by the cry Of the
lowly, and who, apparently at his
own cost from sheer love Of liberty
and hatred Of wrong, makes this
appeal for the liberty to which they
are entitled under every sanction Of
the Constitution and laws of their
country. 1t were better that the
granite walls which support this
Court of justice be crumblcd into dust
than that its doors be closed to such
appeal.
Another argument is presented, not
without his force and not without its
appeal to state pride and to those
race instincts which doubtless for
some wise purpose are ineradicable,
and that is that the legislation COM
planned Of is a part Of systec of
local administration in matters of
great concern to the industrial life
Of the state; that under our system of
| local self-government the answer of
the state in that sphere S supreme,
and that the white people of the
state, now charged with the response
bility of its government being better
acquainted with the negro, his capaci-
| llSH anu llllllt dtl'llS' Ctll kCtcllllllC
better than those outside Of it, what
policy will best subServc his interest
and their own. In much of this con-
tcntion tie writer Of this opinion full
~ concurs. Other mems devotion to
the state may require proofs, the
marks Of his are written in the lead
of its enemies on his person. He be-
licvcs as firmly today as in his youn-
ger days that local self-govcrnment
is the foundation stone upon which
rests the perpctuity of this Republic,
and belonging by birth and by the
associations of life time to that
class Of slave owners and land hold
ers in whose supposed interest this
legislation is enacted, and in whose
many virtues he has Il just pride, and
fully conscious Of the trials and dif-
ficultics which still encompass them,
and having shared The adverse for
tune which overwhelmed them all in
Il common calamity, il is not without
profound sympathy that he has look
ed upon every effort made to sur
mount thc unparalleled difficulties
which environ two races so dissimil-
ar, bound to live on The same soil and
under the same laws. The question
presented does not permit of brief
treatment, and the problem present
ed is possibly beyond any human So
luton. The one sufficient answer to
| iho oruumpnt ic fhnt tho funSfiOn Of
human liberty is not one of merely
local concern. 1t rests upon the Con.
stitution Of the United States, and
no duty rests more impcratively up
on its Courts than to be watchful Of
thc constitutional rights of its cities
and to construc literally all the pro-
visions for the security Of persons
and the equality Of rights, which is
the foundation Of free government
If time permitted it is believed that
it could be demonstrated that this
Legislation is as economically unwisc
as it is constitutionally illegal. Our
state through public appropriations
and private contributions, is now ac-
lively and earnestly engaged in pro-
noting immigration. Those efforts
will be unavailing SO long as our sta
tutc books hold Legislation tcndin" to
create a system Of forced labor which
in It's essentials is as degrading" rs
that of slavery. Desirable immi-
grants from foreign lands look for a
| land f,f fronInpn >vhnro lohor ic rnc