The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1909-02-16
If Patrick Henry Was Alive to Day He Would See a
FuIfiiIment of the Prediction That the Federal
Government would Inevitably Destroy the
Powers of the State Government

riobte of he States. thereby violates
the Constitution, and is equally nun
and void.
Now what powers has the Constitu-
ton given to the Federal SoVerhllent
with relation to foreign nations? only
that Of exclusive control over our Tor
eign relations per Sc.
For instance, the Federal govern
ment has the exclusive power OF res
ulating the import OF mefcnanulse
from Japan to California, and the
legislature of that State cannon IL
termeddle with it. But when Japa-
nese goods have been imported lnlo
California, and have become lnterflln-
! eled with other personal property SIT
mated in that State, the legislature OF
| that State has exclusive control over
and regulation of that
and the Federal government cannon
intermeddle with it. The Federal gov
m has exclusive control over
the entry of Japanese into California;
but when they have once entered thdt
| State and become residents or quasi
| citizens thereof. then Federal control
| ceases, and the Sovereign State OF Cal
| ifornia has exclusive and supreme
control of them. h can regulate
their status as long as they reside
within thai State. to suit herself. Cal
ifOrnia, and California alone, has the
constitutional right to say whether the
Japanese may or may not enter her
public. schools. Neither the President
of the United States. nor the whole
Federal government has any more to
do with the question of how CalifOr-
MIA shaI deal With the admittance of
the Japanese to her public schools
than tn E1nir Of T~inbuctOo, the
Ahkoond Of Swat. or the Begun Of
Bhopal. 5
NVhan Mr. POpcayo1t hroatana6 TO
use the army and navy of the United
States against the State of California,
when the State insisted upon establish
ing separate schools fer the whites
and the Japanese, he should have
promptly been i~mpeached. The state
of California should have dared him
to thus rape the Constitution of the
United States. and in SO doing. that
State would have beer supported by
all loyal and liberty loving persons in
the United States.
If any Japanese residing in Califor-
MIA should commit murder, burglary,
arson, Cr any other common law OF
statutory crime, he would be tried for
it by the courts of California, and the
Federal courts would be wholly With
out Jurisdiction in the matter.
Mr.. Root says that no State car
pass any discriminatory law in regard
to aliens resident within her borders
Tor The reason that such legislation is
inhibited by the Constitution of the
United states. The only provision o
that Constitution With reference tt
State legislation affecting citizenship
is that contained in the Fourteenth
Amendment. That amendment say.
that, mo State shall make or enforce
any law which shall abridge the priv
llegeS or lmInunitieS Of citizens Of tn.
United States This limitation upo1
the powers Of State legislation relate.
only TO citizens of the United States
; ana does not and cannot relate tt
aliens. Unless a Japanese is a either
, by birth within the United States. O
because a naturalized citizen thereof
ne can claim no protection under tn,
: NV Amendment. Citizenship in :
State is a gift of that State, and tn,
E status OF aliens within her borders i
one OF favor and grace from tina
: State, aud not of legal right.
! About twenty years ago, a nurrhe
81 Italians were lynched by a mob i,
. LOUISIANA, and yet James G.. Blaine
who was then secretary Of state j,
FrcSldent Harrison'S cabinet inform
cu the Italian government that III,
: government of the United States conl>
= 40 nothing in the matter. but that tn,
state Oh Louisiana alone had jurisdic
: tion TO punish h murderers. Whe,
: the convention met in the State OF vir
: Sln1a 10 consider the question Of tn
of the then proposed Consti
,utlon OF the United States. Patricl
iaenry Vigorously opposed it's adoption
asserting that a Federal government
'liHeu with such powers as those civ
ca by the proposed Constitution won,
inevitably destroy the State govern
tneht' and result sooner or later i
the establishment of a. centraIized doc
q potiSm. "oS
Mauison and Marshall who were del
= egates with Henry on The conSa.0'
maintained that his dir