Either this Federal Government has a right. or it has not a right. to conipel equal treatment of those who have migrated to the United States under our immnigration laws from foreign governments in the schools of the States composing our United States. Our contention hitherto has been that the Federal Government hld no authority under the Coistitution to do it. The minute you say that Congress has the right to " require " a State to do anything about the education of the residents of the State. whether native born in the State or emigrants out of other States or immigrants from foreign countries. you have surrendered that contention. I repeat what I have said before. that if that be true. and if the Federal Government has a right to make a requirement upon the States. then there is no justification at all for the action of the State of California in connection with the deprivation- of Japanese immigrants from certain educationd _1879 facilities. because the minute you make the distinction that the California Legislatme made. you have made a hscrimination contrary to tlae treaty. as against the Japanese child. in favor of the American child. I say that California had a right to make that discrimination. and I say that the Federal Government has no right. treaty Or no treaty. to interfere with California in separating white and .Japanese children in schools. nor with Mississippi if she puts negro childen from the British West Indies and French West Indies in separate schools from white children. whether they .are born in Mississippi or .elsewhere. I say the only ground upon which you can defend our traditional contention is. that -the Federal Government had no constitutional power to enforce mixed schools.
Keywords matched
immigrants emigrants