PROBLEMS OF MINORITY GROUPS,
(In America)
By JOSEPH P . CHAMBERLAIN
Columbia University, New York, N.
BOUT the end of the World War,
A I was in a small company of Amer­
icans in this country with which a dis­
tinguished European statesman from one
of the racial minority groups in the old
Austro-Hungarian Monarchy was dis­
cussing the importance of an independent
state existence to.these minorities. Des­
pite the economic difficulties which, we
pointed out to him, would confront the
new small states to be set up by Central
and Eastern Europe, he felt that it was
essential that the minority states should
be created and should acquire full control
over their own political and internal af­
fairs before the kind of federation which
he admitted was necessary for the eco­
nomic life of the area could be established.
He found it hard to convince us of the
wisdom of the new arrangement and con­
cluded by saying very seriously that he
could not make Americans understand
the problem of minorities as it existed in
Europe.
Since the War, we have been having
enough experience, in the distracted Old
World, in the problem of minorities, to
give us a consciousness of the meaning of
the word, which is much more acute than
that of 1918, and to realize the advantages
of the system under which groups of
every race can live together under a gov­
ernment which gives assurance of equal
civil and political rights.
Our European statesman was referring
only to the question of racial and political
minorities, a problem that was. not present
in the minds of the founders of the gov­
ernments of the United States and of the
Y.
states a century and a half earlier., Ano­
ther form of the minorities problem, how­
ever, was very much in their minds and,
was very definitely provided for in the
fundamental law. The Founding Fathers
were well aware of the problems of min­
orities of religion and minorities of opin­
ion. Up to the end of the eighteenth cen­
tury, it was the oppression bf these min­
orities rather than of racial minorities
which had attracted the attention of the
liberal philosophers and statesmen of Eu­
rope, and there had been on the American
Continent ample evidence of the danger
of intolerance and oppression by an or­
ganized religious majority against those
who differed from it in tenet or practice.
The Constitution contained provisions to
prevent the continuance of such discrim­
inations, so far as the jurisdiction of the
federal government extended. Article V I
expressly provides that "no religious Test
shall ever be required as a Qualification
to any Office or public Trust under .the
United States." And the first of the
amendments adopted by the Congress of
the United States, held in the City of
New York in 1789, expressly enacted
that "Congress shall make no law res­
pecting an establishment of religion, or
prohibiting the free exercise thereof; or
abridging the freedom of speech, or of
the press; or the right of the people peace­
ably to assemble, and to petition the Gov­
ernment for a redress of grievances."
Thus, so. far as the fundamental, law
of the land could make it so, minorities of
religion and of opinion, were assured,
against any effort by a dominant majority
8 THE JEWISH SOCIAL SERVICE QUARTERLY PROBLEMS OF MINORITY GROUPS 9

in Congress to curtail their, rights or. their liberty, as the pamphlets of Thomas Paine and question can be heard, are not the votes public opinion through the frequent elec­
others' in our own history abundantly attest.
liberties. The same spirit spread among The' press in its historic connotation compre­ of electors representing an informed and tion of the individuals who hold the power
the states, so that in the state constitutions hends every sort of publication which affords intelligent public opinion. Where all the of making laws in Congress or the legis­
a vehicle of information and opinion. What we
is enshrined the expression of the liberal have had recent occasion to say with respect power of an administration, with its sec­ lature, or as heads of the executive, of
spirit of the enlightened men of the end to the vital importance of protecting this es­ ret and uniformed police, with its close controlling the administration of the laws.
sential liberty from every sort of infringe­
of the eigtheenth century. Protection is ment need not be repeated." (58 Sup. Ct. 669) control over the economic life of each in­ It is the firm belief of the people of'the
afforded against a sudden burst of opinion dividual in the state, is added to the con­ United States that this essential process
And the same authority has in times of
on the part of a popular majority by the trol of the press and of the expression of our democratic government can be
great excitement prevented the applica­
limitation on the power of the state legis­ of opinion, such elections, can only be made to work only.through an educated
tion of discriminatory legislation infring­
lature to pass acts infringing on the rights considered a method used by the dictator and informed electorate. The education
ing on the rights of these minorities, how­
of freedom of religion or of opinion. to assure endorsement of the acts of ppn of the, electorate, we are learning more
ever small they may be, by the state legis­
A further protection, and what has de­ latures. It is worth noting that the legis­ pression on which he may be, determined, and more fully every,day, is not finished
veloped into a very real protection of these lative acts held invalid by the Supreme in the eyes of his own people and before in the, schools, but must be continued as
minority rights, was contained in the vest­ Court had been sustained by the state the world. You will remember the story problems arise upon which it or its
ing of all judicial authority in.an inde­ judiciary. The Supreme Court, removed of how Moses, by holding up his arms; representatives will, be called upon to take
pendent system of courts which developed from the pressure of local feeling, has assured the victory of the children of Is­ action. It is through enlightened public
the power of declaring invalid any acts shown itself fully conscious of the duty rael over Amalek, but in order to make it opinion, free to express itself as it will,
infringing on the rights protected by the resting upon it under the Constitution, to possible for him to keep them raised long that oppressive laws may be prevented,
fundamental law and passed by a legis­ protect the civil rights guaranteed to all enough to let his people prevail, "Aaron and that oppressive acts of an administra­
lature under the influence of a temporary the people of the United States, in what­ and Hur stayed up his hands, the one tion may be brought to the public notice
stress of feeling. By the Fourteenth ever state they may happen to be. on the one side, and the other on the other, and properly castigated.
Amendment, the protection of the rights side; and his hands were steady until the The experience we have had makes it
The structure of our government, in it­
of minorities of religion and opinion and self, buttressed by free speech and the going down of the sun." (Exodus 17:12) amply evident that there are groups in
the right to free speech and a free press free press, is the best protection of the So, in the war constantly fought by the this country, as in other countries, who
were given the added protection of the rights of any minority. Intolerant legis­ liberal and progressive forces of the world are intolerant or who are led by intolerant
courts of the United States against the lation and intolerant administrative action against the armies of ignorance and of leaders—-groups strong enough to press
results of temporary local feeling finding against minorities of religion, of opinion persecution, it is necessary that the es­ vigorously their dangerous theories. We
expression in the state legislatures. "It or of race, are most to be feared where sential protection of the right to vote know that there are definite trends of opin­
is no longer open to doubtj" said Mr. the legislative, judicial and administrative should be supported, on one side by the ion, although of small minorities, unfavor­
Chief Justice Hughes recently, "that the departments of the government are con­ free expression of opinion, by voice and able to the liberties secured by the Con­
liberty of the press and of speech is with­ trolled either by a small group of ad­ printed page, and on the other by a free stitution, and to the principle of the De­
in the liberty safeguarded by the due pro­ venturers—a form of dictatorship—or by and untrammeled right of each voter to claration of Independence that all men are
cess clause of the Fourteenth Amendment a small and determined oligarchy or a cast his ballot as he pleases, without fear ,created free and equal, with its corollary
from invasion by state action." (Neare v. well organized and buttressed bureau­ or favor. On no other condition can there that men should have equal opportunities
Minnesota,—Dowling, p. 8 2 1 ) . Only last cracy, accountable only to a king or heads be any assurance of. protection of the for the exercise of the talents of brain or
March, the Supreme Court decided that of the administration, and accountable rights of the individual, and it is only brawn with which they have been endowed
a city ordinance requiring written permis­ either not at all or but vaguely to the peo­ through the protection of the rights of by their Creator. To combat any such
sion of the city manager, before the dis­ ple. I do not except the instances in which the individual, through an appreciation by tendency.in the proper field for such com­
tribution of circulars and other pamphlets, the power of the dictator is based on an the majority of the people that those rights bat under.a free democratic government,
was contrary to the Fourteenth Amend­ election or an appeal to the people, even are vital for the well-being of the com­ that is, before public opinion and before
ment and therefore invalid. The Chief where an overwhelming majority of votes munity, that the minorities of religion, of the responsible committees of legislatures,
Justice, again writing the opinion, said: is secured by the dictatorial power. Votes opinion and of race, can have any assur­ and the. legislatures themselves, the great
ance. fora of public opinion under our demo­
"The liberty of the press is not confined to cast in ignorance under the inspiration of
newspapers and periodicals. It necessarily em­ a closely controlled press, and after a The governments of this country, na­ cratic constitution, it is necessary, to car­
braces pamphlets and leaflets. These indeed
campaign in which, only one side of a tional and state, are made dependent upon ry on education and sometimes to, take
have been historic weapons in the defense" of
10 THE JEWISH SOCIAL SERVICE QUARTERLY PROBLEMS OF MINORITY GROUPS 11

ted by a legislative body popularly elected, populations . . . Prince Bismarck, alluding to

action not alone in the interests bf a
minority as such, but in the further and
greater interest of democratic government
and of the existence of a democratically
organized society. Here is an object which
may well call! for the' support of all citi­
zens who are convinced of the validity of
the principle of a.liberal democracy as the
best form of society which the world has
ever known, and it may be.a service of
minority groups to be watchful of open or
covert attacks on this principle. For it is
in the .attacks on one or another of the
minority, groups, of religion,. of opinion
or of race, that that principle is most ef­
fectively and successfully threatened. The
true interest of the minority group is not
in securing special advantages for itself,
but it is in supporting that great liberal
public opinion upon which this govern­
ment and the governments of the other
great democratic communities of Europe
are founded and under which the indiviT
duals who constitute that minority find
their only secure-protection.
Defenders of this principle are still
vigorous and dominant in this country.
A good example is in the energetic out­
cry against the New York Assembly in
1920, when it expelled five Socialist mem­
bers who had duly qualified and taken the
oath of office. Liberal opinion in the state
was outraged at an action which, while it
was within the strict rights of the As­
sembly and could not be proceeded against
in the courts, was looked upon as a flag­
rant violation of the rights of citizens. A
strong committee of. the New York Bar
Association, headed by Charles Evans
Hughes, presented a classic protest against
the resolution of the Assembly, and its
protest was echoed by the intelligent pub-;
under the stress of an inflamed public
opinion in a difficult time, is eloquent evi­
dence, of the necessity of constant watch­
fulness and the necessity for an aware­
ness on the part of members of minority
groups, and indeed of all liberal citizens.
It was under the aegis of the principles
upon which this nation was founded, and
which are the basis of the democratic so­
cieties of Great Britain and France, that
the world made its great advances in ma­
terial and social well-being in the nine­
teenth century. The serious threats that
arise today to the well-being of the peo­
ples of. the world, the greatest threat to
their political and social safety, arise from
the frank abandonment of these principles
by the governments of many of the coun­
tries of Europe. The dramatic change
that has come about since the World War
can perhaps best be illustrated by com­
paring the expressions of political philr
osophy which are coming from so many
of the countries of Europe with a state­
ment made at the Conference of Berlin
in 1878. At that conference one of the
important questions was the treatment of
minorities in the Turkish Empire and in
the new states- which were being carved
out of it. During the discussion, M.
Waddington, the French plenipotentiary,
said:
"that there should be no doubt that Rou­
mania, which demands entry into the great
European family, should accept the burdens
and even the complications of the situation
of which it claims the benefit . . . And there
will. not be found for a long time an occasion
as solemn and decisive in which to affirm anew
the principles which are at the base of the
honor and security of civilized, nations, i. e.,
'the great rule of equality of rights and liber­
ty of religion.' As to local' difficulties, the
first plenipotentiary of France believes that
thus understood, will have .a' new and
the principles of public law in force under
dangerous meaning and will have to be
the German Constitution and the interest which
public opinion has shown. in insisting that met not alone in the .United States but in
the same principles followed in national poli­
cies should be applied in foreign affairs, a-the Latin American lands.
grees in the name of Germany to the French The problem of a minority group in the
proposition."
United States differs from that of such
A statement similar to this could fairly groups under governments which refuse
have been.made at the. Convention in to apply to them "the rule of the equality,
Philadelphia, held some ninety years earl­ of rights and liberty of religion"; in
ier, where the Constitution of the United whose territories there does not prevail
States was being framed, and it would that sense of its importance which alone
have met with the enthusiastic approval will protect the rule. In such countries an
of that Convention. organized party may be needed to defend
The question of , racial minorities is minority rights and to invoke outside aid;
complicated in these days by the frank de­ This has been frequently recognized in
claration of the German Government that Europe. It found its last .and fullest ex­
it regards all Germans, wherever they pression in the minorities treaties of the
may be, to some degree under its pro­ close of the War, in the declarations of
tection, which would mean that it would nations joining the League of .Nations, and
arrogate to itself the right to encourage in the provision made by the Council to
the formation of minority groups of its carry them out. In this country, as in the
nationality in other countries. We have great Western democracies of Britain and
already seen how this system has begun France, such parties do not exist. The
to work in Europe and how much further, problem of a minority group here is in a
it may work, as a very disturbing factor peculiar form the problem of all demo­
in the international relations of states. cratic groups—to insist before the bar of
There are threats that it may be extended public opinion and before the legislature
by propaganda and subvention, though and. the courts on the maintenance of the
not by force of arms, to the continents of equality and liberty . upon which their
North and.South America. If this be true, own well being and the future.of demo­
the minority problem in the Americas, as cratic government and society depend..
PROBLEMS OF MINORITY GROUPS
In Europe
By OSCAR I. JANOWSKY, ...
City College of New York, N. Y.
A T a good-will meeting held some

time ago, I found myself in the com-

. 'T am genuinely, concerned about the

troubles of the Jews," said my Christian

lie opinion in the- state and throughout
the nation.- That such infractions- of the
liberty of the individual can be perpetra­
they will be more easily overcome when these
principles have been recognized in Roumania
and the Jewish race understands that it can
rely only on its own efforts and the solidarity
of its interests with those of the indigenous
pany of an anti-Semitic Jew. arid a liberal
but not well-informed Christian. The
conversation turned to .the Jewish ques-
tion, as it often does at such gatherings,
friend, "but I am frank, to say that I
;
am not adequately informed. Jews have
never been able to enlighten me. Either
they begin with Abraham, Isaac- and