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to the international agreement for the suppression of the traffic.

THE QUESTION AS TO PARDONS The views I then held and now hold were expressed in a memorandum made in the case of a Negro convicted of the rape of a young Negro girl, practically a child. A petition for his pardon had been sent me.

"White House, Washington, D. C., August 8, 1904.

"The application for the commutation of sentence of John W. Burley is denied. This man committed the most hideous crime known to our laws, and twice before he has committed crimes of a similar, though less horrible, character. In my judgment there is no justification whatever for paying heed to the allegations that he is not of sound mind, allegations made after the trial and conviction. Nobody would pretend that there has ever been any such degree of mental unsoundness shown as would make people even consider sending him to an asylum if he had not committed this crime. Under such circumstances he should certainly be esteemed sane enough to suffer the penalty for his monstrous deed. I have scant sympathy with the plea of insanity advanced to save a man from the consequences of crime, when unless that crime had been committed it

would have been impossible to persuade any responsible authority to commit him to an asylum as insane. Among the most dangerous criminals, and especially among those prone to commit this particular kind of offense, there are plenty of a temper so fiendish or so brutal as to be incompatible with any other than a brutish order of intelligence; but these men are nevertheless responsible for their acts; and nothing more tends to encourage crime among such men than the belief that through the plea of insanity or any other method it is possible for them to escape paying the just penalty of their crimes. The crime in question is one to the existence of which we largely owe the existence of that spirit of lawlessness which takes form in lynching. It is a crime so revolting that the criminal is not entitled to one particle of sympathy from any human being. It is essential that the punishment for it should be not only as certain but as swift as possible. The jury in this case did their duty by recommending the infliction of the death penalty. It is to be regretted that we do not have special provision for more summary dealing

with this type of cases. The more we do

what in us lies to secure certain and swift justice in dealing with these cases, the more effectively do we work against the growth of that lynching spirit which is so full of evil omen for this people, because it seeks to avenge one infamous crime by the commission of another of equal infamy:

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The application is denied and the sentence will be carried into effect.

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(Signed) THEODORE ROOSEVELT."

THE MINING WAR IN NEVADA

One of the most curious incidents of lawlessness with which I had to deal affected an entire State. The State of Nevada in the year 1907 was gradually drifting into utter governmental impotence and downright anarchy. The people were at heart all right; but the forces of evil had been permitted to get the upper hand, and for the time being the decent citizen; had become helpless to assert themselves either by controlling the greedy corporations on the one hand or repressing the murderous violence of certain lawless labor organizations on the other hand. The Governor of the State was a Democrat and a Southern man, and in the abstract a strong believer in the doctrine of State's rights. But his experience finally convinced him that he could obtain order only through the intervention of the National Government; and then he went over too far and wished to have the National Government do his police work for him. In the Rocky Mountain States there had existed for years what was practically a condition of almost constant war between the wealthy mineowners and the Western Federation of Miners, at whose head stood Messrs. Haywood, Pettibone, and Moyer, who were about that time indicted for the murder of the Governor of Idaho. Much that was lawless, much that was indefensible, had been done by both sides. The Legislature of Nevada was in sympathy with, or at least was afraid of not expressing sympathy for, Messrs. Moyer, Haywood, Pettibone, and their associates.

The State was practically without any police, and the Governor had recommended the establishment of a State Constabulary, along the lines of the Texas Rangers; but the Legislature rejected his request. The Governor reported to me the conditions as follows. During 1907 the Goldfield mining district became divided into

two hostile camps. Half of the Western Federation of Miners were constantly armed, and arms and ammunition were purchased and kept by the union as a body, while the mineowners on their side retained large numbers of watchmen and guards who were also armed and always on duty. In addition to these opposing forces there was, as the Governor reported, an unusually large number of the violent and criminal element, always attracted to a new and booming mining camp. Under such conditions the civil authorities were practically powerless, and the Governor, being helpless to avert civil war, called on me to keep order. I accordingly threw in a body of regular troops under General Funston. These kept order completely, and the Governor became so well satisfied that he thought he would like to have them there permanently! This seemed to me unhealthy, and on December 28, 1907, I notified him that while I would do my duty, the first need was that the State authorities should do theirs, and that the first step towards this was the assembling of the Legislature. I concluded my telegram. "If within five days from receipt of this telegram you shall have issued the necessary notice to convene the Legislature of Nevada, I shall continue the troops during a period of three weeks. If when the term of five days has elapsed the notice has not been issued, the troops will be immediately returned to their former stations." I had already investigated the situation through a committee, composed of the Chief of the Bureau of Corporations, Mr. H. K. Smith, the Chief of the Bureau of Labor, Mr. C. P. Neill, and the Comptroller of the Treasury, Mr. Lawrence Murray. These men I could thoroughly trust, and their report, which was not over-favorable to either side, had convinced me that the only permanent way to get good results was to insist on the people of the State themselves grappling with and solving their own troubles. The Governor summoned the Legislature, it met, and the constabulary bill was passed. The troops remained in Nevada until time had been given for the State authorities to organize their force so that violence could at once be checked. Then they were withdrawn..

CALIFORNIA AND THE JAPANESE

Nor was it only as regards their own internal affairs that I sometimes had to get into active communication with the State authorities.

There has always been a strong feeling

in California against the immigration of Asiatic laborers, whether these are wage-workers or men who occupy and till the soil. I believe this to be fundamentally a sound and proper attitude, an attitude which must be insisted upon, and yet which can be insisted upon in such a manner and with such courtesy and such sense of mutual fairness and reciprocal obligation and respect as not to give any just cause of offense to Asiatic peoples. In the present state of the world's progress it is highly inadvisable that peoples in wholly different stages of civilization, or of wholly different types of civilization even although both equally high, shall be thrown into intimate contact. This is especially undesirable when there is a difference of both race and standard of living. In California the question became acute in connection with the admission of the Japanese. I then had and now have a hearty admiration for the Japanese people. I believe in them; I respect their great qualities; I wish that our American people had many of these qualities. Japanese and American students, travelers, scientific and literary men, merchants engaged in international trade, and the like can meet on terms of entire equality and should be given the freest access each to the country of the other. But the Japanese themselves would not tolerate the intrusion into their country of a mass of Americans who would displace Japanese in the business of the land. I think they are entirely right in this position. I would be the first to admit that Japan has the absolute right to declare on what terms foreigners shall be admitted to work in her country, or to own land in her country, or to become citizens of her country. America has and must insist upon the same right. The people of California were right in insisting that the Japanese should not come thither in mass, that there should be no influx of laborers, of agricultural workers, or small tradesmen-in short, no mass settlement or immigration.

THE JAPANESE SCHOOL QUESTION Unfortunately, during the latter part of my term as President certain unwise and demagogic agitators in California, to show their disapproval of the Japanese coming into the State, adopted the very foolish procedure of trying to provide by law that the Japanese children should not be allowed to attend the schools with the white children, and offensive and injurious language was used in connec

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tion with the proposal. The Federal Administration promptly took up the matter with the California authorities, and I got into personal touch with them. At my request the Mayor of San Francisco and other leaders in the movement came on to see me. I explained that the duty of the National Government was twofold: in the first place, to meet every reasonable wish and every real need of the people of California or any other State in dealing with the people of a foreign power; and, in the next place, itself exclusively and fully to exercise the right of dealing with this foreign power.

Inasmuch as in the last resort, including that last of all resorts, war, the dealing of necessity had to be between the foreign power and the National Government, it was impossible to admit that the doctrine of State sovereignty could be invoked in such a matter. As soon as legislative or other action in any State affects a foreign nation, then the affair becomes one for the Nation, and the State should deal with the foreign power purely through the Nation.

ASSERTING NATIONAL RESPONSIBILITY

I explained that I was in entire sympathy with the people of California as to the subject of immigration' of the Japanese in mass; but that of course I wished to accomplish the object they had in view in the way that would be most courteous and most agreeable to the feelings of the Japanese; that all relations between the two peoples must be those of reciprocal justice, and that it was an intolerable outrage on the part of newspapers and public men to use offensive and insulting language about a high-spirited, sensitive, and friendly people; and that such action as was proposed about the schools could only have bad effects, and would in no shape or way achieve the purpose that the Californians had in mind. I also explained that I would use every resource of the National Government to protect the Japanese in their treaty rights, and would count upon the State authorities backing me up to the limit in such action. In short, I insisted upon the two points, (1) that the Nation and not the individual States must deal with matters of such international significance and must treat foreign nations with entire courtesy and respect; and (2) that the Nation would at once, and in efficient and satisfactory manner, take action that would meet the needs of California. I both asserted the power of the Nation and

offered a full remedy for the needs of the State. This is the right, and the only right, course. The worst possible course in such a case is to fail to insist on the right of the Nation, to offer no action of the Nation to remedy what is wrong, and yet to try to coax the State not to do what it is mistakenly encouraged to believe it has the power to do, when no other alternative is offered.

A SATISFACTORY CONCLUSION

After a good deal of discussion, we came to an entirely satisfactory conclusion. The obnoxious school legislation was abandoned, and I secured an arrangement with Japan under which the Japanese themselves prevented any emigration to our country of their laboring. people, it being distinctly understood that if there was such emigration the United States would at once pass an exclusion law. It was of course infinitely better that the Japanese should stop their own people from coming rather than that we should have to stop them ; but it was necessary for us to hold this power in reserve. Unfortunately, after I left office, a most mistaken and ill-advised policy was pursued towards Japan, combining irritation. and inefficiency, which culminated in a treaty under which we surrendered this important and necessary right. It was alleged in excuse that the treaty provided for its own abrogation; but of course it is infinitely better to have a treaty under which the power to exercise a necessary right is explicitly retained rather than a treaty so drawn that recourse must be had to the extreme step of abrogating it if it ever becomes necessary to exercise the right in question.

The arrangement we made worked admirably, and entirely achieved its purpose. No small part of our success was due to the fact that we succeeded in impressing on the Japanese that we sincerely admired and respected them, and desired to treat them with the utmost consideration.

I cannot too strongly express my indignation with, and abhorrence of, reckless public writers and speakers who, with coarse and vulgar insolence, insult the Japanese people and thereby do the greatest wrong not only to Japan but to their own country. Such conduct represents the nadir of underbreeding and folly. The Japanese are one of the great nations of the world, entitled to stand, and standing, on a footing of full equality with any nation of Europe or America. I have the heartiest admiration

for them. They can teach us much. Their civilization is in some respects higher than our own. It is eminently undesirable that Japanese and Americans should attempt to live together in masses; any such attempt would be sure to result disastrously, and the far-seeing statesmen of both countries should join to prevent it. But this is not because either nation is inferior to the other; it is because they are different.

The two peoples represent two civilizations which, although in many respects equally high, are SO totally distinct in their past history that it is idle to expect in one or two generations to overcome this difference. One civilization is as old as the other; and in neither case is the line of cultural descent coincident with that of ethnic descent. Unquestionably the ancestors of the great majority both of the modern Americans and the modern Japanese were barbarians in that remote past which saw the origins of the cultured peoples to which the Americans and the Japanese of to-day severally trace their civilizations. But the lines of develop ment of these two civilizations, of the Orient and the Occident, have been separate and divergent since thousands of years before the Christian era; certainly since that hoary eld in which the Akkadian predecessors of the Chaldean Semites held sway in Mesopotamia. An effort to mix together, out of hand, the peoples representing the culminating points. of two such lines of divergent cultural development would be fraught with peril; and this, I repeat, because the two are different, not because either is inferior to the other. Wise statesmen, looking to the future, will for the present endeavor to keep the two nations from mass contact and intermingling, precisely because they wish to keep each in relations of permanent good will and friendship with the other.

A LETTER TO CALIFORNIA

Exactly what was done in the particular crisis to which I refer is shown in the following letter which, after our policy had been successfully put into execution, I sent to the then Speaker of the California lower house of the Legislature :

"The White House, Washington, February 8, 1909.

"Hon. P. A. Stanton,

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are jealously endeavoring to guard the interests of California and of the entire West in accordance with the desires of our Western people. By friendly agreement with Japan, we are now carrying out a policy which, while meeting the interests and desires of the Pacific Slope, is yet compatible, not merely with mutual self-respect, but with mutual esteem and admiration between the Americans and Japanese. The Japanese Government is loyally and in good faith doing its part to carry out this policy, precisely as the American Government is doing. The policy aims at mutuality of obligation and behavior. In accordance with it the purpose is that the Japanese shall come here exactly as Americans go to Japan, which is in effect that travelers, students, persons engaged in international business, men who sojourn for pleasure or study, and the like, shall have the freest access from one country to the other, and shall be sure of the best treatment, but that there shall be no settlement in mass by the people of either country in the other. During the last six months under this policy more Japanese have left the country than have come in, and the total number in the United States has diminished by over two thousand. These figures are absolutely accurate and cannot be impeached. In other words, if the present policy is consistently followed and works as well in the future as it is now working, all difficulties and causes of friction will disappear, while at the same time each nation will retain its self-respect and the good will of the other. But such a bill as this school bill accomplishes literally nothing whatever in the line of the object aimed at, and gives just and grave cause for irritation; while in addition the United States Government would be obliged immediately to take action in the Federal courts to test such legislation, as we hold it to be clearly a violation of the treaty.

On this point I refer you to the numerous decisions of the United States Supreme Court in regard to State laws which violate treaty obligations of the United States. The legislation would accomplish nothing beneficial and would certainly cause some mischief, and might cause very grave mischief. In short, the policy of the Administration is to combine the maximum of efficiency in achieving the real object which the people of the Pacific Slope have at heart, with the minimum of friction and trouble; while the misguided men who advocate such action as this against which I protest are fol

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lowing a policy which combines the very minimum of efficiency with the maximum of insult, and which, while totally failing to achieve any real result for good, yet might accomplish an infinity of harm. If in the next year or two the action of the Federal Government fails to achieve what it is now achieving, then through the further action of the President and Congress it can be made entirely efficient. I am sure that the sound judgment of the people of California will support you, Mr. Speaker, in your effort. Let me repeat that at present we are actually doing the very thing which the people of California wish to be done, and to upset the arrangement under which this is being done cannot do good and may do great harm. in the next year or two the figures of immigration prove that the arrangement which has worked so successfully during the last six months is no longer working successfully, then there would be ground for grievance and for the reversal by the National Government of its present policy. But at present the policy is working well, and until it works badly it would be a grave misfortune to change it, and when changed it can only be changed effectively by the National GovernTHEODORE ROOSEVELT."

ment.

THE RIGHT FOREIGN POLICY

If

In foreign and domestic affairs alike the policy pursued during my Administration was simple. In foreign affairs the principle from which we never deviated was to have the Nation behave toward other nations precisely as a strong, honorable, and upright man behaves in dealing with his fellow-men. There is no such thing as international law in the sense that there is municipal law or law within a nation. Within the nation there is always a judge, and a policeman who stands back of the judge. The whole system of law depends first upon the fact that there is a judge competent to pass judgment, and second upon the fact that there is some competent officer whose duty it is to carry out this judgment, by force if necessary. In international law there is no judge, unless the parties in interest agree that one shall be constituted; and there is no policeman to carry out the judge's orders. In consequence as yet each nation must depend upon itself for its own protection. The frightful calamities that have befallen China, solely because she has had no power of self-defense, ought to make it inexcusable in any wise American

citizen to pretend to patriotic purpose, and yet to fail to insist that the United States shall keep in a condition of ability if necessary to assert its rights with a strong hand. It is folly of the criminal type for the Nation not to keep up its navy, not to fortify its vital strategic points, and not to provide an adequate army for its needs. On the other hand, it is wicked for the Nation to fail in either justice, courtesy, or consideration when dealing with any other power, big or little. John Hay was Secretary of State when I became President, and continued to serve under me until his death, and his and my views as to the attitude that the Nation should take in foreign affairs were identical, both as regards our duty to be able to protect ourselves against the strong and as regards our duty always to act not only justly but generously toward the weak.

JOHN HAY

John Hay was one of the most delightful of companions, one of the most charming of all men of cultivation and action. Our views on foreign affairs coincided absolutely; but, as was natural enough, in domestic matters he felt much more conservative than he did in the days when as a young man he was private secretary to the great radical demo cratic leader of the '60's, Abraham Lincoln. He was fond of jesting with me about my supposedly dangerous tendencies in favor of labor against capital. When I was inaugurated on March 4, 1905, I wore a ring he sent me the evening before, containing the hair of Abraham Lincoln. This ring was on my finger when the Chief Justice administered to me the oath of allegiance to the United States; I often thereafter told John Hay that when I wore such a ring on such an occasion I bound myself more than ever to treat the Constitution, after the manner of Abraham Lincoln, as a document which put human rights above property rights when the two conflicted. The last Christmas John Hay was alive he sent me the manuscript of a Norse saga by William Morris, with the following note:

"Dear Theodore: In your quality of Viking this Norse saga should belong to you, and in your character of Enemy of Property this Ms. of William Morris will appeal to you. Wishing you a Merry Christmas and many happy years, I am yours affectionately,

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