12 ANDREW J. SHIPMAN MEMORIAL 



as that would be a "public manifestation" prohibited by the 

 Constitution. The doubtful clauses of the Spanish Constitu- 

 tion are not construed, as with us, by a judgment of the Su- 

 preme Court. They are interpreted by a decree framed by 

 the Council of Ministers and signed by the King, which has 

 all the force of a law. On October 23, 1876, a Royal Order 

 was promulgated, which undertook to construe Article XI of 

 the Constitution, as follows : 



1. From this date every public manifestation of worship or 

 sects differing from the Catholic religion is prohibited out- 

 side of the house of worship or cemetery belonging to them. 



2. The foregoing regulation comprises, under the meaning 

 of public manifestation, every act performed in the public 

 street, or on the exterior walls of the house of worship or 

 cemetery, which advertises or announces the ceremonies, rites, 

 usages, and customs of the dissenting sect, whether by means 

 of processions, placards, banners, emblems, advertisements, 

 or posters. 



This law has been on the books for thirty-four years, and 

 Spaniards have never, in any number, petitioned for its re- 

 moval or change, but on the contrary, have always desired it 

 to remain in force. There is no need here to go into the 

 propriety or justice of such a law. In the Southern States 

 we have a "Jim Crow" law which represents the local wishes 

 of the community, even if it be indefensible. The United 

 States has a Chinese exclusion law which no one claims to 

 be a miracle of justice. And so this Spanish law exactly 

 fitted the wishes of the great majority of Spaniards, as against 

 an infinitesimal minority who represented alien religions. We 

 could no more expect the Spaniards to change their views on 

 this than we can get our Southern fellow-citizens to abolish 

 their "Ji"^ Crow" and voting statutes. It is human nature, 

 that is all, and it must be recognized. 



But as this interpretation was made originally by Royal 

 Order, so, too, it could be revoked by Royal Order. This is 

 exactly what Canalejas has done ; he has simply repealed and 

 annulled the former decree which has stood for so many 

 years, without putting anything in its place. One does not 

 know to-day whether a non-Catholic church may put up 

 merely an announcement of its name, or even a cross and stat- 

 ues of the saints, or may commence a campaign like the 



