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The Japanese conquest of American opinion

Montaville Flowers · 1917 · Scanned text

81,619 words · about 5 h 43 min to read

Period artwork: Interior of the Bodleian Library, 1845
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About this book

Author
Montaville Flowers
Language
English
Published
1917
Length
81,619 words · about 5 h 43 min
Sections
43 reader sections
Text
Scanned text, read from page scans by OCR; may contain errors
Rights
Public domain · PD-US by publication date

 

Contents (43)
  1. Front matter under 1 min
  2. Preface about 2 min
  3. Part I. The Japanese Problem Chapter I. The Genesis And Scope Of The Problem / I Page under 1 min
  4. Chapter II. Relation Of Japan To The Problem under 1 min
  5. Chapter III. The Fimt Conflict under 1 min
  6. Chapter IV. The Second Conflict under 1 min
  7. CHAPTER V. WHERE Two RACES MEET under 1 min
  8. Chapter VI. Occident Or Orient Pack under 1 min
  9. CHAPTER VII. "LET Us ARBITRATE" under 1 min
  10. Chapter VIII. The Goal And The Way To It under 1 min
  11. Chapter IX. Maligning A State under 1 min
  12. Chapter X. The Appeal To The Church Page under 1 min
  13. Chapter XI. The Appeal To Facts about 1 min
  14. Chapter XII. The Appeal To Social Influence under 1 min
  15. Chapter XIII. The Appeal To American Sentiment under 1 min
  16. Chapter XIV. The Appeal To Peace Pag* about 1 min
  17. Chapter XV. The Appeal To Religion Part I about 1 min
  18. Chapter XVI. A Japanese Five Per Cent.! What? under 1 min
  19. Chapter XVII. The Great American Illusion under 1 min
  20. Chapter XVIII. The Dead Soul In The Pot about 1 min
  21. Chapter XIX. Pacts Pertinent To Opinion about 1 min
  22. Part I The Japanese Problem under 1 min
  23. Chapter I The Genesis And Scope Of The Problem about 4 min
  24. Chapter II Relation Of Japan To The Problem about 6 min
  25. Chapter III The First Conflict, 1906 The School Question ; A Moral Victory For Japan about 15 min
  26. Chapter IV The Second Conflict, 1913 Who Shall Own The Pacific Coast? about 7 min
  27. Chapter V Where Two Races Meet The Land Law about 5 min
  28. Chapter VI Occident Or Orient Japan's Right To Own American Land about 10 min
  29. Chapter VII "let Us Arbitrate" about 18 min
  30. Part II under 1 min
  31. Chapter IX Maligning A State A Campaign Of Vituperation about 23 min
  32. Chapter X The Appeal To The Church about 13 min
  33. CHAPTER XI THE APPEAL TO FACTS THE FEDERAL COUNCIL ORDERS A BOOK UPON WHICH THE CAMPAIGN Is BASED about 19 min
  34. Chapter XII The Appeal To Social Influence The Japan Society Of New York And Its Allies about 15 min
  35. Chapter XIII The Appeal To American Sentiment about 22 min
  36. Chapter XIV The Appeal To Peace Relation Of The Peace Movement To The Japanese Campaign about 27 min
  37. Chapter XV The Appeal To Religion Part I A Text And Its Interpretation about 31 min
  38. Part III Bases Of Opinion, Old And New under 1 min
  39. Chapter XVI A Japanese Five Per Cent.! What? The Subterfuge Of A Percentage Limitation about 18 min
  40. Chapter XVII The Great American Illusion The Melting Pot about 11 min
  41. Chapter XVIII The Dead Soul In The Pot Nationality And Race Mixture about 21 min
  42. Chapter XIX Facts Pertinent To Opinion A Chapter Of Answers about 20 min
  43. Chapter XX The Solution Of The Problem about 43 min

Continue:

Front matter

THE JAPANESE CONQUEST OF AMERICAN OPINION

MONTAVILLE FLOWERS

OF

Preface

"PEACE hath her victories no less renown'd than war."

The weapon with which those victories are won in America is Public Opinion.

Japan is now trying to secure possession of that weapon.

The victories she would win with it are the removal of restrictions on immigration; the rights of naturalisation, American citizenship, and of intermarriage with the white race; the overthrow of all anti- Asiatic land legislation in western states; the rapid acquisition of those lands; and all that follows.

Shall the people of the United States vote to give the Japanese these rights? That is the question which this nation is being forced to decide. That is the problem this generation must solve.

On the affirmative of this question are the Japanese in America and all of Japan, a self-assertive people of tremendous energy driven by a fatalistic faith and a consciousness of racial superiority ; assisted by large numbers of prominent Americans ecstatically visualising America as the Utopia of Universal Brotherhood ; followed by an array of our countrymen, swept on by faith in the authors of this beautiful dream; all organised, active, powerful, using vast institutions especially adapted to spread and vitalise their propaganda.

On the other side is an opposition so unorganised, so mild, so impalpable that it seems not to exist at all, and gives evidence of its presence only by a subconscious uneasiness, warning the people that somewhere beneath viij PREFACE

all this pro- Japanese campaign something is concealed that is wrong. During the three years in which I have been delivering addresses upon this problem, hundreds of Americans have said, "I have always felt that there are two sides to this problem, but I've seen only the Japanese propaganda. Where does this road end? Where can I get in full the story of the Pacific Coast and the American view so that I may reform my opinion and take a position upon it ?"

To contribute to this need I shall begin at the beginning and tell the story of the Japanese Conquest of American Opinion so far as it has proceeded. Truly the discussion from the Japanese standpoint has been voluminous enough by both the Japanese and their American supporters. The volumes by Sidney L. Gulick, adroit, wholly pro-Japanese, highly indorsed, widely distributed; books and articles by Kawakami and lyenaga, of surpassing finesse, typical products of the Oriental mind; "The Japanese Problem," by H. A. Millis, prepared to order as a brief for the pro-Japanese campaign ; "Japan to America" and "America to Japan," two volumes by the Japan Society of New York, with its founders decorated by the Mikado; the ceaseless labour and wide scattering of propaganda by that Society; the continuous output of the Japanese Press Bureaus and their agents established in our country; the regular contributions by Hamilton Wright Mabie, Hamilton Holt, and their confreres in their weekly magazines and their addresses ; the unmeasured power of money and influence of great peace societies and the Federal Council of Churches spreading farther still these books and pamphlets, and publishing thousands more; the hundreds and thousands of sermons made upon the requests of these agencies, interpreting a dream world of hopes into arguments for fatal experiments ; all these have challenged those Americans to speak who are not bound

PREFACE ix by self-interest, or moved by a metaphysical conception of an ideal state that never had and never can have a translation into fact.

Signed,

MONTAVILLE FLOWERS.

Monrovia, California.

September i, 1916.

Part I. The Japanese Problem Chapter I. The Genesis And Scope Of The Problem / I Page

A world problem— Subjects involved in its discussion — jls Genesis on the Pacific Coast, where Occident meets Orient-^-Jorces that set races to moving — California the picket line — :xJie point at issue in the question > 3

Chapter II. Relation Of Japan To The Problem

The coming taf the Japanese: Sudden rise of Japanese immigration— The/status of Japanese in the United States — Sovereign Rights of nations regarding immigration and citizenship — Its exercise in Canada — Declaration of American Institute of International Law — Supreme Court decision — California's Constitution— The meaning of Japan's aggression 6

Chapter III. The Fimt Conflict

The sudden development of Japan— \Her first issue with America — The, School question : Astonishing attitude of Japanese — Statement by both sides — Japan appeals to Washington — The Gentleman's Agreement of 1907 a great moral victory for Japan — Japan learns two things about America — The Japanese and contract-flndividual and national characters — Picture-brides — TheTsacond conflict begins to develop — Buying land — Character of that land — Who are the people of California?— The most intelligent American state — The second conflict approaches 1 1

Chapter IV. The Second Conflict

President Woodrow Wilson against Asiatic Immigration — The Democratic Platform in 1912 — Trie personnel of the California Legislature elected in 1912 — ^jne Japanese get ready — The conflict develops — The coming of Secretary Bryan — The anti-alien land law is passed 23

CHAPTER V. WHERE Two RACES MEET

,t is in the land law? — Aliens ineligible to citizenship; — The of the controversy — tThe law just, fair, and within the rights of the state — Ncsj discrimination against Japanese — Why call this a Japanese problem? 29 xii CONTENTS

Chapter VI. Occident Or Orient Pack

Japan's objections to the law — No treaty violated — Treaty making powers of the United States versus Lawmaking powers of the States — Authorities cited — No land rights in treaty of 1911 — Liberties exchanged — The Oriental interpretation of contract — Review of Japanese diplomacy in official documents — Land rights not exchanged, why? — Wide interpretation of words "to own" — Japan's trickery in citing precedents — Brazil — Mexico — Russia , 34

CHAPTER VII. "LET Us ARBITRATE"

A lever placed under our sovereignty — Development of pro- Japanese sentiment favouring Japan — Fetish of fair play — Japan everything to gain, nothing to lose — Lack of alien code — What shall we arbitrate? — The significance of the land right — Arbitrating sovereignty — Japan proclaims a new principle — Various quotations of it — Japan demands great changes in our fundamental law — The sentimental American response — How Japan violatas her own principle — Offer of United States to try case in Courts — To buy all Japanese land — The end of negotiations — Two nations deadlocked 42

Chapter VIII. The Goal And The Way To It

Japan announces her goal — It is American citizenship — All social rights — Removing impediments to land ownership — The lines of least resistance — Americans localized — Indifferent and ignorant as to the problem — Sentimentalism — The roads toward the conquest of American opinion — American sentiments played upon — Phases used — Arguments catalogued — Making a Japanese tradition in America ^. j 52

Chapter IX. Maligning A State

A campaign of vituperation — Epithets and charges made— ^Mr. Gulick's charges of falsehoods — Discredit put on Americans opposing Japanese aggression — Arraignment of California by Hamilton Holt — By Hamilton Wright Mabie — Threats of war — Attack on California by Kasai — Epithets — "demagogues," "jingoes," "criminals" — A California woman against her state- Benjamin Ide Wheeler contradicts these — Kawakami, the voluminous— Oriental methods of argument — Dr. E. A. Steiner's grave charges against Californians — The charges disproved — Serious assault by a Rabbi — The Peace Sunday movement — Accusing the Southerner in California — Virginia and the American ideal — A truer estimate 59

CONTENTS xiii

Chapter X. The Appeal To The Church Page

One hundred thousand ministers drafted into the campaign — Sidney L. Gulick — and his "New Ortental Policy" — The present Oriental policy "disgraceful" — Wh/t changes the policy will require — Intermarriage of races? — Alleged good results of his policy — The Federal Council of Churches of Christ — Its relation to the Japanese movement — Its adoption of the Gulick Plan — Great promotion and publicity — A Japanese Commission in the Church — Its partisan composition and position — It orders a book — Cross influences supporting this campaign 78

Chapter XI. The Appeal To Facts

The Federal Council engages Mr. Millis — Review of his work — Facts and opinions — Securing "opinions" — The book a surprise — Encysted Japanese committees — 'Underbidding white men — IJviiig and labour of Japanese in California — Kind of land they use^-No new industries — No new wealth to state — Realty values decreased — Larnd legislation popular with state — A competing force — Jadanese labor not needed or wanted — '"iapanese held ,in di»epute — Anti- Japanese sentiment held by \ hfest people— Apposition to intermarriage universal — Civilisa- \tions not to*-De harmonised — Japanese white children — A yerilict against California — Verdict analysed explaining serious Weaknesses — Chinese versus Japanese^-When Eastern people move to California they change opinion — Attitudes of China and Japan to America compared 89

Chapter XII. The Appeal To Social Influence

j^e/fapan Society of New York and its allies — Rich support and membership — Purpose of the Society — A one-sided exhibit — Its system of propaganda — Writing pro- Japanese books — Public opinion not represented fully — Ostensible "dinners" — Its sister Society in Japan — Distribution of books, etc.; free pro- Japanese books for pur boys and girls — Personal campaign by travel and solicitation — Japan Society, a Confederate of Japanese Press Bureaus — "Subscribe' for the News Bulletin"! — Quotations from editorials — Whsft is Japan's "American" problem? — Vivid correspondence with Hamilton Holt — A menace 106

Chapter XIII. The Appeal To American Sentiment

Japanese press agents and press bureaus — The Japanese-American associations — Who is Kawakami? — The "East and West" press bureau — Who pays the bills? — Defending Japan against China —The truth by Samuel G. Ely the— The "Pacific Press Bureau" — ilta methods— Assimilating America — Team play — Pro- Japanese against American preparedness — "Mr. Blythe's illusions" — Other Japanese publicists — Japanese students and free speech in our colleges — Japanese professors teaching American youth "Immigration" — Typical illustration of play on emotional sentiment 119 xiv CONTENTS

Chapter XIV. The Appeal To Peace Pag*

Relation of Peace Movement to the Japanese Conquest — The cause of peace — War and civilisation — War and progress — Long history of the Peace Movement — The first American Peace Society — Its present work — The three essential facts of the Peace Societies — Coordination — A political movement — The factors of a trust — Mr. Carnegie and Peace— His master-passion, reunion of Britain and America — Practical work to that end — Panama Tolls — Relation of Elihu Root to peace and Panama — The Tolls repealed — Subsidising Lyceum and Chautauqua — Educating public sentiment for Japan — England and Japan and Carnegie Peace Societies — Mistaken enthusiasts — David Starr Jordan's great prophecy against war — Baron d'Estournelle's prophecy reversed — Hopeful but mistaken men. 136 t— The/ "1

Chapter XV. The Appeal To Religion Part I

The Foundation text — The/ "Unchristian" argument — Institutional thinking — Drawing around Japan the "holy circle of the Church" — Universal Brotherhood as interpreted by Japan — The trick of quoting Scripture — Shylock — Richard III— The School Peace League, and the "one blood" text — False interpretations and dangerous application — The Pulpit interpretation of "one blood" — Extent of sentimentalism in the Pulpit — Steiner's view of "applied Christianity" — Answering the "one blood" argument — Origin of nations 158

PART II

Christianity — Religion — Morals and Government of Japan — The missionary attitude — Japanese versus Chinese missionaries — A famous telegram — Dr. Teusler's assaults — Value off missionaries to Japan's Conquest — A natural attitude — Cnristianity weak in Japan — The Japanese Year Book statement — The first chance and the second — Statistics on slow growth of Christianity in Japan — Development of native cults rapid — Mistaken ideas of Japanese government — The real religion of Japan — Showing the innocent flower — The Emperor is God — The morality of Japan — Loyalty and its application — Prostitution, polygamy, concubinage — Dr. Myers in "History as Past Ethics" — Sir Edwin Arnold — Patriotism a religion — Modifying our Christianity — A pagan Emperor's ceremonials — j^ligion not a solution — Economic bases — The everlasting conflict 165

Chapter XVI. A Japanese Five Per Cent.! What?

Mr. Gulick's recent tour for approval — The cornerstone of his policy — Alleged happy results — Why received favourably — A de-

CONTENTS xv ception and a subterfuge — Figuring it out — Increase of yellow and brown races — Steady increase in Japanese birthrate — Figuring on Hawaii — Coming to the mainland — Figuring other Asiatics also — The total results on ten per cent, basis — "Pigs is pigs" — Restrictive tests — on immigration — On naturalisation— Mr. Gulick's additional "provisos" — Why Five Per Cent.? — Chances of ten per cent, or higher — Where does the negro come in the Japanese problem? — The year 2040 185

Chapter XVII. The Great American Illusion

The melting-pot — Development of this illusion — Colonial stocks — Ideals and impulses of early America — The "Guardian of the World" idea — Development, changing conditions — The fires in the crucible — Growth toward race mixture-^-The arrival by the religious road — The stumbling block of missionaries in Japan — The "Asiatic blood in the melting pot" 200

Chapter XVIII. The Dead Soul In The Pot

Na ionality and race mixture — What is a nation? — Race mixture fundamental cause of war — Proving the Japanese assimilable — Mr. Gulick's fallacies in "Social Assimilation" — Faulty instances cited — "Adopting" Asiatic babies — Burbank developing a new variety — The one hundred thousand bad results destroyed — An architectural plan with an open door — Proving the Japanese white— Old Aryan migrations — The Japanese are Mongolians— Confusing "nation" and "race" — Misquoting President Eliot, of Harvard — His four conclusions on race mixture — "Saving Japan's face" — The constitution of races — Gustav Le Bon — Dr. Robert Tuttle Morris on race mixture — Encysting foreign races in American — Some conclusions — The dissolution of races 209

Chapter XIX. Pacts Pertinent To Opinion

A chapter of answers — Aseythe Japanese decreasing in numbers in thd United States? — Japanese birth rate trebles in five years — Japanese prefer the United States — Excluding Asiatics while admitting Southern Europeans — Results of immigration from Southern and Eastern Europe — Can Americans own land in Japan? — Is Japan poor? — Finances and war — Pacifists and financial prophecies — Report of Secretary of Commerce — Thomas F. Millard's statement — Financial ability of Japan — What is the meaning of the last diplomatic flurry? — Objection to the Burnett bill — Dissimilar acts of Courts 225

i CHAPTER XX. THE SOLUTION OF THE PROBLEM

Thejdanger in public opinion — The forks of the road— ^fedur great questions — What must Americans do with this campaign — California's task? — A new land law — The wisdom of California's course — Fundamental principle of immigration — Traitors to xvi CONTENTS

PACK

the state — The answer of the United States to Japan — Remedy worse than the disease — Solution by time — Not a question of race — Question beyond dollars and cents — "Business Interests" denned — What immigration has done — America cannot contain all the world — Special pleaders of all nations and races — Another fundamental principle — A higher mission for America — A greater service idr alien nationals — Our position on Asiatic naturalisation — Chi^enship denied on many grounds — Difficulties— A^p^ople unwelcome — A step that cannot be retraced — ilnpractisea in Democracy — Qualifications for citizenship — Watalism, vs Christianity — &spf mixture and ithe white race ^Japan's course will not prevent war— 'Patriotism versus Internationalism — Dr. Nicholas Murray Butler — Senator Beveridge — Norman Angell — The latest international action — Preserving our racial souls — "Don't shoot" 242

Part I The Japanese Problem

"The Greatest Problem of the age and of ages to come is that resulting from contact between East and West." — From Asia at the Door, by K. K. Kawakami.1

1Asia at the Door — a book pleading for Japanese immigration and citizenship and the privilege of intermarriage with the white race in the United States, by K. K. Kawakami, of San Francisco, head of one of the Japanese Press Bureaus.

Chapter I The Genesis And Scope Of The Problem

THE Japanese question is not local. It is not merely a California problem or a Pacific Coast problem. It is national and vital to all the people of the United States, it is universal wherever white men dwell and Japanese ships may anchor. Why has opposition to the advances of Japanese in the last few years expressed itself in State Constitutions and State laws by overwhelming majorities in the most progressive States? Why in the far more restrictive measures of the growing countries, Australia, Canada, New Zealand? What answer shall the United States give to the insistent knocking of Asia at the door? What will ensue if we open the door, and what may if we do not?

To answer these questions we must review the history of the Japanese controversies in the United States; we must compare this Japanese migration with like movements of the peoples of the past; we must study racial intermingling and race mixture; we shall require aid of the sciences of heredity, biology, ethnology, sociology and economics; we shall be obliged to interpret anew the persistent laws of human nature and the souls of races. The solution of this problem cannot end in mere transcendental theory — but it must be found in action pregnant with destiny; for the answer will determine the future character of our people; the form and substance of our civilisation; the length of our national life. Let us set ourselves to the problem which finds its genesis in the State of California.

We are accustomed to speak of the Japanese Problem as "The Japanese Problem in California" because, of the 95,000 Japanese in the United States, 65,000 live in California. This is because this State is the first land the Oriental touches as he brings in the tide of emigration from Asia ; it is here that climatic conditions, products and industries resemble those of his own country, and it is here that a Japanese commission, recently sent to America, reported that a Japanese can make twice as much money as in any other state in the world.

These three reasons — geographical, climatic, and economic— are the great forces that have always set nations and races to moving.

The word "California," then, is a mere accident connected with that tract of land and those conditions where Occident and Orient were destined to meet under the great movements of the twentieth century.1 It is the picket line of the American continent flung out against the arriving hosts from Asia which formerly directed their courses westward across the land and many times overswept Europe, but which now, under changed conditions, have turned in the opposite direction.

In the spring of 1913 this peaceful and hospitable state suddenly became the target for epithets from the people

1 The ultimate point in dispute does not affect the United States alone, still less the State of California. It is essentially a world Problem. That Japan's claim should first have become an acute cause of trouble in California is due to the accident of propinquity. California is now the frontier line of white races beyond which are the teeming populations of Asia. No useful purpose will be served by blind condemnation of the tendencies of public opinion in Western States. They spring not so much from race hatred as from the instinct of self-preservation, and even if the present minor dispute is disposed of, they will assuredly recur. It is an issue that will become more and more insistent whatever may be settled now, and it will have to receive the earnest attention of all white races in time to come. — Editor of The Times, London, England.

and the press of her sister states. Editors, ministers, reporters, the street corner disputant, began an assault upon her which, though slightly softened now, has left so deep an impression, and has developed so high an inertia that the campaign of which she is the innocent battleground, is still ascendant. The picket had done his duty, that was all, and the inevitable conflict of interests between Occident and Orient again was on.

The point at issue in the Japanese problem was then, and, as it lies before the governments of the two nations, is now: Shall the Japanese, who are not citizens of the United States, and cannot become citizens, shall they have the right to own agricultural land1 in the State of California and hence in any American state ? While the word "agricultural" does not appear on the face of the dispute, except in two or three state papers, it was that kind of land that was in dispute, and it is the farmers, who still form fifty-two per cent, of all the American people and a great per cent, of Western people, who required the State to act.

I hope now to set in simple array the facts bearing upon this problem, to interpret the position which the people of Western States have taken upon it, to trace the experiences and the mental processes by which they arrived at that position, to indicate the surging forces back of it all, and above all to show every American State and every American citizen the vital relation which he bears to the present status of this problem.

1 In his first reply to the protest of Japan our Secretary of State, W. J. Bryan, said, "I have the honour to acknowledge receipt of your note of May 9th, with regard to the law just adopted by the State of California concerning the holding of agricultural lands by aliens ... It is based upon the particular economic conditions existing in California as interpreted by her own people who wish to avoid certain conditions of competition in their agricultural activities."

Chapter II Relation Of Japan To The Problem

Till-: first Japanese to come into the I'nited State- were a hand of forty who came into ('alitornia in iS<><), a fu'.l hall generation alter Commodore 1'errv had opened the doors of the exclu.-ive land. For nearly two hundred and fifty vears hefore that no t. .reign -hip \va- all- >\\ ed I'. anchor in Japanese ha rhours, nor t' .reign loot to i< nich her shores except on one little i-!and near Xaga-aki \\hcre I )utch trader- were allowed to c nne and hasten awav once a vear.

1 hu- the Japanese were slow to leave their own land. and come into ours; for. nine years later, in iSfS. there were here hut one hundred and twentv; ten years Liter, in iSSS, there \\ere ah' nit one th'<u-and; ten year- later, in iSo,S, there were thirteen th' ni-and : eight years later, in i<)()o, their numher had suddenly risen to seventy-five thousand on the continent and about eighty thou-and m the Hawaii Islands. And v\e theti di-covered that we had in the I'nitcd State- a Iapane-e Problem.

In e\'er\' discussion ''t tlr- I'ri'h'em you mu-t. tir-t oi all, hear in your mind that the Iapane-e are and al\\avha\"e been aliens wdio cannot become citi /en- o| the I n: ted States. They have been given right- of residence and trade, but never the right to vote, and so they cannot participate in our government. Ihi- status oj their-, \\hich they now -eek to renu>ve. \\a- I nig -ince fixed, \\ith' nit any demur Irom Japan, by the naturalisation laws and the (."ourt deci-ioii- of the t niti-d State-.

"It is among the nio-t e--entia! po\\er- '•! the sover-

t;

eignty of nations, that each may fix the terms and conditions of citizenship, and that right has never been in dispute among nations. Nor is it necessary for any nation to explain to all the others why it makes those conditions as they are.

"It is the attribute of sovereignty of any nation to exclude from its borders any citizen or citizens of any other nation in the world. It has the right to admit the citizens of a friendly nation, and to deny admission to the citizens of an unfriendly nation. It has the right to decide for itself whether it is for the best interests of its people to admit a certain race of people or not.

"The Supreme Court of the United States has decided in numerous cases that it is the inherent sovereign right of any nation to exclude from its borders any race of people that cannot be assimilated; to make such discriminations as it sees fit and proper; and that no immigrant from such foreign nation has any right to complain, because the laws of the country require them to be transported whence they came.

"Members of Congress certainly will not disagree with me in the conclusion that we should in our sovereign capacity as a people permit the people of the states to determine who their friends and associates shall be." x

A striking instance of the exercise of this right to preserve material interests is furnished by the Government of Canada in a very recent order restraining immigration as follows: "His Royal Highness, the Governor General . . . in view of the present overcrowded condition of the labour market in the Province of British Columbia, is pleased to order and it is hereby ordered as follows: From and after the first day of October, 1915, and until after the thirty-first day of March, 1916, the landing at any port of entry in British Columbia hereinafter specified 'Congressman Sisson in House of Representatives, April 28, 1913.

of any immigrant of any of the following classes or occupations— viz. : Artisans ; Labourers, skilled and unskilled, shall be, and the same is hereby prohibited." And fortyfour ports of entry are named. This order shows absolute power to discriminate against a certain class in certain territory for a specific time. No nation has complained against it.

The last and highest authority to be heard on this principle is the American Institute of International Law, which convened in Washington in January, 1916. It is Pan-American, representing the twenty-one republics of the western hemisphere. Each republic sends from its own National Society of International Law five of its most eminent legal authorities, and the one hundred and five men thus selected represent the highest legal thought of all the Americas. The United States was represented by five men, including the Acting Secretary of State, and two ex-Secretaries of State.1

The American Institute of International Law, after careful conferences of many weeks, made a "Declaration of the Rights of Nations."

Five great fundamental rights were proclaimed. The first is, "Every nation has a right to exist and to protect and conserve its existence." The Institute adopted that as the cornerstone of International Law, and to interpret it they adopted the following clear and forceful language of the Supreme Court of the United States from its decision on the Chinese Exclusion Act :

"To preserve its independence, and give security against foreign aggression and encroachment, is the highest duty of every nation, and to attain these ends nearly all other

'The representatives of the United States were Robert Lansing, Elihu Root, Robert Bacon, Leo S. Rowe and James Brown Scott. Klihu Root is Honorary President and James Brown Scott is President of the body.

considerations are to be subordinated. It matters not in what form such aggression and encroachment come, whether from the foreign nation acting in its national character or from vast hordes of its people crowding in upon us. The government, possessing the powers which are to be exercised for protection and security, is clothed with authority to determine the occasion on which the powers shall be called forth."

California has acted fully within that principle. She is assailed for passing the law of 1913 because "there were no vast hordes of Asiatics coming to her shores;" but she was equally assailed for her action in 1906 when there were such hordes coming. Such criticism is a mere subterfuge to hide the main purpose of the critic.

The United States, therefore, without being held to the charge of discrimination, without being required to make any explanation to anyone, had full rights to exclude Asiatics from citizenship, and from the very beginning of our history had done so. The people of California, when they acted upon that fact, had no more to do with establishing it than had the other forty-seven commonwealths of the nation.1

In the second place you must bear in mind that, taking this cue from the nation, California was acting on an old and established policy. Very early in her history, with the far vision of a prophet, she made it a fundamental principle of the State government forever to discourage all aliens who could never become American citizens from entering her borders ; when she revised her Constitution a

'Judge H. A. M. Smith, of the Federal Court, Eastern District of South Carolina, says, "The grant of the privilege of citizenship is purely discretionary with the people of the country, it is entirely distinct from admitting to entry and residence. It carries with it great powers of good and evil in the exercise of the ballot, and the great responsibility of the ballot box. It is no humiliation for an alien to be excluded from a privilege not a right."

generation ago, she laid down one of the greatest principles ever put into a governmental document when she wrote into her charter these remarkable words: "The presence of foreigners who may not become citizens of the United States is dangerous to the well-being of the State, and the legislature shall discourage the immigration of all such aliens by all means within its powers." This is only a clear statement of old English Law and Custom.

Every Japanese now in California has come in while that provision has been in her Constitution. Japan has always known it to be there, and her present agitation is the conscious and direct attempt of a foreign nation to overthrow the fundamental laws of American states (for other states have similar provisions in their laws), and to force in America a new interpretation of the relation of the nation to the states. Japan wishes either to impeach the sovereignty of our Government or radically to change the relative powers established by the Constitution between the nation and the states.

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