Chinese And Japanese in America 34

Cover Chinese And Japanese in America 34
Chinese And Japanese in America 34
American Academy of Political And Social Science
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ISO.
holding it to be a Tiolation of the Conitltutlon to ask a witneaa If ha la an agnoatSei (279) w !'■ t '%■ , - 6o The Annals of the American Academy I;'. • . — - .'j There was, however, an occasional disability on the part of ;y» aliens which survived, such as incapacity to own land, and this was '/. ^ removed as to most foreign nations by treaties which our govern- ment entered Into from time to time. These treaties, as will be further seen hereafter, have also nullified numerous state law
...s and even constitutional provisions, which have been enacted from time to time, to curtail the rights and privileges of various races which happened to become unpopular for one reason or another, notably the Chinese. Many of the decisions of the Supreme Court of the United States and other tribunals to this effect may be found col- lated in such works as Professor Moore's "Digest of International Law,"^ Butler's "The Treaty Power" and the numerous articles and treaties called forth by our recent Japanese separate school agita- tion, notably papers contained in the "Proceedings of the American Society of International Law at its First Annual Meeting, April 19 and 20, 1907." So common have treaties safeguarding rights of alien subjects become, that we have been compelled to insert in many treaties provisions according to subjects of particular coun- tries all the rights of the most favored nation, with resulting com- plications with respect to particular "reciprocity" treaties or the nice, which the courts have been compelled to hold granted special privileges for special considerations, and were not intended to be embraced by grants of all the "rights of the most favored nation." But this particular form of "race legislation" scarcely falls Y' ' within the scope of the present paper.

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