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66

THE MINING WAR IN NEVADA

to the international agreement for the sup- with this type of cases. The more we do pression of the traffic.

what in us lies to secure certain and swift

justice in dealing with these cases, the more THE QUESTION AS TO PARDONS

effectively do we work against the growth of The views I then held and now hold were that lynching spirit which is so full of evil expressed in a memorandum made in the omen for this people, because it seeks to case of a Negro convicted of the rape of a avenge one infamous crime by the commisyoung Negro girl, practically a child. sion of another of equal infamy. pe:tition for his pardon had been sent me. “The application is denied and the sentence

will be carried into effect.
" White House, Washington, D. C.,
August 8, 1904.

* (Signed) THEODORE ROOSEVELT.” The application for the commutation of sentence of John W. Burley is denied. This man committed the most hideous crime known One of the most curious incidents of lawto our laws, and twice before he has com- lessness with which I had to deal affected an mitted crimes of a similar, though less horri- entire State. The State of Nevada in the ble, character. In my judgment there is no year 1907 was gradually drifting into utter justification whatever for paying heed to the governmental impotence and downright an. allegations that he is not of sound mind, archy. The people were at heart all right; allegations inade after the trial and convic- but the forces of evil had been permitted to tion. Nobody would pretend that there has get the upper hand, and for the time being ever been any such degree of mental un- the decent citizen; had become helpless to soundness shown as would make people assert themselves either by controlling the even consider sending him to an asylum if greedy corporations on the one hand or rehe had not committed this crime. Under pressing the murderous violence of certain such circumstances he should certainly be lawless labor organizations on the other esteemed sane enough to suffer the penalty hand. The Governor of the State was a for his monstrous deed.

I have scant sym

Democrat and a Southern man, and in the pathy with the plea of insanity advanced to abstract a strong believer in the doctrine of save a man from the consequences of crime, State's rights. But his experience finally when unless that crime had been committed it convinced him that he could obtain order would have been impossible to persuade any only through the intervention of the National responsible authority to commit him to an Government; and then he went over too far asylum as insane. Among the most dan- and wished to have the National Government gerous criminals, and especially among those do his police work for him. In the Rocky prone to commit this particular kind of Mountain States there had existed for years offense, there are plenty of a temper so what was practically a condition of almost fiendish or so brutal as to be incompatible constant war between the wealthy minewith any other than a brutish order of intelli

and the Western Federation of gence; but these men are nevertheless re- Miners, at whose head stood Messrs. Haysponsible for their acts; and nothing more wood, Pettibone, and Moyer, who were about tends to encourage crime among such men that time indicted for the murder of the than the belief that through the plea of Governor of Idaho. Much that was lawinsanity or any other method it is possible for less, much that was indefensible, had been them to escape paying the just penalty of their done by both sides. The Legislature of crimes. The crime in question is one to the Nevada was in sympathy with, or at least was existence of which we largely owe the exist- afraid of not expressing sympathy for, Messrs. ence of that spirit of lawlessness which takes Moyer, Haywood, Pettibone, and their assoform in lynching. It is a crime so revolting ciates. that the criminal is not entitled to one particle The State

practically without of sympathy from any human being. It is any police, and the Governor had recomessential that the punishment for it should be mended the establishment of a State Connot only as certain but as swift as possible. stabulary, along the lines of the Texas The jury in this case did their duty by recom- Rangers; but the Legislature rejected his mending the infliction of the death penalty. request. The Governor reported to me the It is to be regretted that we do not have conditions as follows. During 1907 the special provision for more summary dealing Goldfield mining district became divided into

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two hostile camps.

Half of the Western in California against the immigration of AsiFederation of Miners were constantly armed, atic laborers, whether these are wage-workers and arms and ammunition were purchased and men who occupy and till the soil. I kept by the union as a body, while the mine- believe this to be fundamentally a sound and owners on their side retained large numbers proper attitude, an attitude which must be of watchmen and guards who were also armed insisted upon, and yet which can be insisted and always on duty. In addition to these upon in such a manner and with such couropposing forces there was, as the Governor tesy and such sense of mutual fairness and reported, an unusually large number of the reciprocal obligation and respect as not to violent and criminal element, always attracted give any just cause of offense to Asiatic to a new and booming mining camp. Under peoples. In the present state of the world's such conditions the civil authorities were progress it is highly inadvisable that peoples practically powerless, and the Governor, in wholly different stages of civilization, or being helpless to avert civil war, called on of wholly different types of civilization even me to keep order. I accordingly threw in although both equally high, shall be thrown a body of regular troops under General into intimate contact. This is especially undeFunston. These kept order completely, and sirable when there is a difference of both race the Governor became so well satisfied that and standard of living. In California the queshe thought he would like to have them there tion became acute in connection with the permanently! This seemed to me unhealthy, admission of the Japanese. I then had and and on December 28, 1907, I notified him that now have a hearty admiration for the Japawhile I would do my duty, the first need was nese people. I believe in them; I respect that the State authorities should do theirs, their great qualities; I wish that our Ameriand that the first step towards this was the can people had many of these qualities. assembling of the Legislature. I concluded Japanese and American students, travelers, my telegram. “If within five days from scientific and literary men, merchants engaged receipt of this telegram you shall have in international trade, and the like can meet issued the necessary

notice to

on terms of entire equality and should be the Legislature of Nevada, I shall continue given the freest access each to the country the troops during a period of three weeks. of the other. But the Japanese themselves If when the term of five days has elapsed would not tolerate the intrusion into their the notice has not been issued, the troops country of a mass of Americans who would will be immediately returned to their former displace Japanese in the business of the land. stations.” I had already investigated the situa- I think they are entirely right in this position. tion through a committee, composed of the I would be the first to admit that Japan has Chief of the Bureau of Corporations, Mr. H. the absolute right to declare on what terms K. Smith, the Chief of the Bureau of Labor foreigners shall be admitted to work in her Mr. C. P. Neill, and the Comptroller of the country, or to own land in her country, or to Treasury, Mr. Lawrence Murray. These men become citizens of her country. America I could thoroughly trust, and their report, has and must insist upon the same right. which was not over-favorable to either side, The people of California were right in inhad convinced me that the only permanent sisting that the Japanese should not come way to get good results was to insist on the thither in mass, that there should be no people of the State themselves grappling influx of laborers, of agricultural workers, with and solving their own troubles. The or small tradesmen-in short, no mass settleGovernor summoned the Legislature, it met, ment or immigration. and the constabulary bill was passed. The troops remained in Nevada until time had

THE JAPANESE SCHOOL QUESTION been given for the State authorities to organ- Unfortunately, during the latter part of my ize their force so that violence could at once term as President certain unwise and demabe checked. Then they were withdrawn. gogic agitators in California, to show their

disapproval of the Japanese coming into the CALIFORNIA AND THE JAPANESE State, adopted the very foolish procedure of Nor was it only as regards their own inter- trying to provide by law that the Japanese nal affairs that I sometimes had to get into children should not be allowed to attend the active communication with the State authori- schools with the white children, and offensive ties. There has always been a strong feeling and injurious language was used in connec

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tion with the proposal. The Federal Adminis- offered a full remedy for the needs of the tration promptly took up the matter with the State. This is the right, and the only right, California authorities, and I got into personal

The worst possible course in such a touch with them. At my request the Mayor case is to fail to insist on the right of the of San Francisco and other leaders in the Nation, to offer no action of the Nation to movement came on to see me. I explained remedy what is wrong, and yet to try to coax that the duty of the National Government the State not to do what it is mistakenly was twofold : in the first place, to meet every encouraged to believe it has the power to reasonable wish and every real need of the do, when no other alternative is offered. people of California or any other State in dealing with the people of a foreign power;

A SATISFACTORY CONCLUSION and, in the next place, itself exclusively and After a good deal of discussion, we came to fully to exercise the right of dealing with an entirely satisfactory conclusion. The obthis foreign power.

noxious school legislation was abandoned, and Inasmuch as in the last resort, including I secured an arrangement with Japan under that last of all resorts, war, the dealing of which the Japanese themselves prevented any necessity had to be between the foreign emigration to our country of their laboring power and the National Government, it was people, it being distinctly understood that if impossible to admit that the doctrine of there was such emigration the United States State sovereignty could be invoked in such would at once pass an exclusion law. a matter. As soon as legislative or other of course infinitely better that the Japanese action in any State affects a foreign nation, should stop their own people from coming then the affair becomes one for the Nation, rather than that we should have to stop them ; and the State should deal with the foreign but it was necessary for us to hold this power power purely through the Nation.

in reserve. Unfortunately, after I left office,

a most mistaken and ill-advised policy was ASSERTING NATIONAL RESPONSIBILITY pursued towards Japan, combining irritation I explained that I was in entire sympathy and inefficiency, which culminated in a treaty

I with the people of California as to the subject under which we surrendered this important of immigration of the Japanese in mass; but and necessary right. It was alleged in excuse that of course I wished to accomplish the that the treaty provided for its own abrogaobject they had in view in the way that would tion; but of course it is infinitely better to be most courteous and most agreeable to the have a treaty under which the power to exerfeelings of the Japanese; that all relations cise a necessary right is explicitly retained between the two peoples must be those of rather than a treaty so drawn that recourse reciprocal justice, and that it was an intolera- must be had to the extreme step of abroble outrage on the part of newspapers and gating it if it ever becomes necessary to public men to use offensive and insulting exercise the right in question. language about a high-spirited, sensitive, and The arrangement we made worked admifriendly people; and that such action as rably, and entirely achieved its purpose. No was proposed about the schools could only small part of our success was due to the fact have bad effects, and would in no shape or that we succeeded in impressing on the Japaway achieve the purpose that the Californians nese that we sincerely admired and respected had in mind. I also explained that I would them, and desired to treat them with the use every resource of the National Govern- utmost consideration. ment to protect the Japanese in their treaty I cannot too strongly express my indig. rights, and would count upon the State nation with, and abhorrence of, reckless authorities backing me up to the limit in such public writers and speakers who, with action. In short, I insisted upon the two coarse and vulgar insolence, insult the Japapoints, (1) that the Nation and not the indi- nese people and thereby do the greatest vidual States must deal with matters of such wrong not only to Japan but to their own international significance and must treat for- country. Such conduct represents the nadir eign nations with entire courtesy and respect ; of underbreeding and folly. The Japanese and (2) that the Nation would at once, and in are one of the great nations of the world, efficient and satisfactory manner, take action entitled to stand, and standing, on a footing that would meet the needs of California. I of full equality with any nation of Europe or both asserted the power of the Nation and America. I have the heartiest admiration

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for them. They can teach us much. Their are jealously endeavoring to guard the intercivilization is in some respects higher than ests of California and of the entire West in

It is eminently undesirable that accordance with the desires of our Western Japanese and Americans should attempt to people. By friendly agreement with Japan, live together in masses; any such attempt we are now carrying out a policy which, while would be sure to result disastrously, and the meeting the interests and desires of the Pacific far-seeing statesmen of both countries should Slope, is yet compatible, not merely with join to prevent it. But this is not because mutual self-respect, but with mutual esteem either nation is inferior to the other; it is and admiration between the Americans and because they are different.

Japanese. The Japanese Government is The two peoples represent two civili- loyally and in good faith doing its part to zations which, although in many respects carry out this policy, precisely as the Ameriequally high, are totally distinct in can Government is doing. The policy aims their past history that it is idle to expect at mutuality of obligation and behavior. In in one or two generations to overcome this accordance with it the purpose is that the difference. One civilization is as old as the Japanese shall come here exactly as Ameriother; and in neither case is the line of cul- cans go to Japan, which is in effect that tural descent coincident with that of ethnic travelers, students, persons engaged in interdescent. Unquestionably the ancestors of national business, men who sojourn for pleasthe great majority both of the modern Ameri. ure or study, and the like, shall have the cans and the modern Japanese were barbarians freest access from one country to the other, in that remote past which saw the origins of and shall be sure of the best treatment, but the cultured peoples to which the Americans that there shall be no settlement in mass by and the Japanese of to-day severally trace the people of either country in the other. their civilizations. But the lines of develop During the last six months under this policy ment of these two civilizations, of the Orient more Japanese have left the country than and the Occident, have been separate and have come in, and the total number in the divergent since thousands of years before the United States has diminished by over two Christian era; certainly since that hoary eld thousand. These figures are absolutely accuin which the Akkadian predecessors of the rate and cannot be impeached. In other Chaldean Semites held sway in Mesopotamia. words, if the present policy is consistently An effort to mix together, out of hand, the followed and works as well in the future as peoples representing the culminating points it is now working, all difficulties and causes of two such lines of divergent cultural develop- of friction will disappear, while at the same ment would be fraught with peril; and this, time each nation will retain its self-respect I repeat, because the two are different, not and the good will of the other. But such a because either is inferior to the other. Wise bill as this school bill accomplishes literally statesmen, looking to the future, will for the nothing whatever in the line of the object present endeavor to keep the two nations aimed at, and gives just and grave cause for from mass contact and intermingling, precisely irritation ; while in addition the United States because they wish to keep each in relations Government would be obliged immediately of permanent good will and friendship with to take action in the Federal courts to test the other.

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 Exactly what was done in the particular

States Supreme Court in regard to State crisis to which I refer is shown in the follow

laws which violate treaty obligations of the ing letter which, after our policy had been

United States. The legislation would accomsuccessfully put into execution, I sent to the

plish nothing beneficial and would certainly then Speaker of the California lower house

cause some mischief, and might cause very of the Legislature:

In short, the policy of the “ The White House, Washington, February 8, 1909.

Administration is to combine the maximum “ Hon. P. A. Stanton,

of efficiency in achieving the real object which Speaker of the Assembly,

the people of the Pacific Slope have at heart, Sacramento, California :

with the minimum of friction and trouble; “ I trust there will be no misunderstanding while the misguided men who advocate such of the Federal Government's attitude. We action as this against which I protest are fol

A LETTER TO CALIFORNIA

grave mischief.

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lowing a policy which combines the very citizen to pretend to patriotic purpose, and minimum of efficiency with the maximum of yet to fail to insist that the United States insult, and which, while totally failing to shall keep in a condition of ability if necesachieve any real result for good, yet might sary to assert its rights with a strong hand. accomplish an infinity of harm. If in the It is folly of the criminal type for the Nation next year or two the action of the Federal not to keep up its navy, not to fortify its Government fails to achieve what it is now vital strategic points, and not to provide an achieving, then through the further action of adequate army for its needs. On the other the President and Congress it can be made hand, it is wicked for the Nation to fail in eritirely efficient. I am sure that the sound either justice, courtesy, or consideration when judgment of the people of California will sup- dealing with any other power, big or little. port you, Mr. Speaker, in your effort. Let John Hay was Secretary of State when I beme repeat that at present we are actually came President, and continued to serve under doing the very thing which the people of me until his death, and his and my views as California wish to be done, and to upset the to the attitude that the Nation should take in arrangement under which this is being done foreign affairs were identical, both as regards cannot do good and may do great harm. If our duty to be able to protect ourselves in the next year or two the figures of immi- against the strong and as regards our duty gration prove that the arrangement which always to act not only justly but generously has worked so successfully during the last toward the weak. six months is no longer working successfully, then there would be ground for grievance

JOHN HAY and for the reversal by the National Govern

John Hay was one of the most delightful ment of its present policy. But at present of companions, one of the most charming of the policy is working well, and until it works

all men of cultivation and action. Our views badly it would be a grave misfortune to

on foreign affairs coincided absolutely; but, change it, and when changed it can only be

as was natural enough, in domestic matters changed effectively by the National Govern

he felt much more conservative than he did nent. THEODORE ROOSEVELT.

in the days when as a young man he was

private secretary to the great radical demo THE RIGHT FOREIGN POLICY

cratic leader of the '60's, Abraham Lincoln. In foreign and domestic affairs alike the

He was fond of jesting with me about my policy pursued during my Administration was

supposedly dangerous tendencies in favor of simple. In foreign affairs the principle from labor against capital. When I was inauguwhich we never deviated was to have the

rated on March 4, 1905, I wore a ring he Nation behave toward other nations precisely

sent me the evening before, containing the as a strong, honorable, and upright man be. hair of Abraham Lincoln. This ring was on haves in dealing with his fellow-men. There

my finger when the Chief Justice adminisis no such thing as international law in the

tered to me the oath of allegiance to the sense that there is municipal law or law

United States ; I often thereafter told John within a nation. Within the nation there is

Hay that when I wore such a ring on such always a judge, and a policeman who stands

an occasion I bound myself more than ever back of the judge. The whole system of to treat the Constitution, after the manner of law depends first upon the fact that there is

Abraham Lincoln, as a document which put a judge competent to pass judgment, and

human rights above property rights when the second upon the fact that there is some com

two conflicted. The last Christmas John petent officer whose duty it is to carry out Hay was alive he sent me the manuscript of this judgment, by force if necessary. In

a Norse saga by William Morris, with the folinternational law there is no judge, unless the

lowing note : parties in interest agree that one shall be

"Christmas Eve, 1904. constituted ; and there is no policeman to "Dear Theodore: In your quality of Viking carry out the judge's orders. In consequence this Norse saga should belong to you, and in as yet each nation must depend upon itself your character of Enemy of Property this for its own protection. The frightful calami- Ms. of William Morris will appeal to you. ties that have befallen China, solely because Wishing you a Merry Christmas and many she has had no power of self-defense, ought happy years, I am yours affectionately, to make it inexcusable in any wise American

"JOHN HAY."

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