The Montgomery advertiser., 1901-07-31

but the Indians. He told me that member of my command had suc- cumbed under that treatment and thinking 1t was matter of life and death, to save his life he took the oath of allegiance, stipulating that he was not to come South but to fight against the IndiaEs in the Northwest. What would you do in case like that?
 Mir. Oates-Do you desire my answer? In the case of your man who lert and went to fight Indians to have his life. I would register every one of them. If I was on court martial l would acuuit every one of them, because they were not deserters but absent without leave.
 Mir. Dent-I was satisfied that the gentleman would make that statement.
 MT. Oates-But what would you do with t.,e mossbacks so called?
 MT. DeIt-I would not register sol dier. not one of them under this clause, who did not serve honorably. I am in sympathy with the object to be se- cured by the distinguished gentleman, but 1t seems to me we can leave 1t just as it stands and accomplish what he wishes, without being personal and so specific, because I think the effect is the same and if we adopt it that is the construction which this Convention puts upon thNg clause that it is when man served honorably and he did not serve honorably unless he served to the end or was honorably dis charged.
 MrY .oates-Then it does not hurt to put that in there.
 MT. sDent--I think we had better leave it out. don t know how the members of the committee feel about 1t, but am perfectly willing to let 1t stand as it is, because think 1t covers the ground. MT. Coleman (Greene)-Let 1t stand as it is. MT. Dent-If anybody disagrees with me, I hope it will be understood as the construction of the Convention. that a man did no. serve "honorably" unless he served through the war or was hon orably discharged.
 MT. Lowe (Jefferson)-May ask the gentleman a question?
 The President-Does the gentleman from Barbour yield to the gentleman from Jefferson? Mir Dent-Certainly.
 Mr. Lowe-Will the gentleman state why he is not willing for the clause to be specific, why it should be left open for construction instead of put t1ng IL so pldiu tudt any Oouy SoA uii- derstand it?
 MT. Dent-I think it is specific enough, I have no objection to the word | if the Convention desires 1t. thought | that was the conclusion to which the Committee arrived.
 Mr. Lowe-I understand that he has no objection to the amendment except that the amendment is too specific. Mir Dent-Not that it is too specific. because l think the purpose accom- | plished.
 MT. O'Neal Gauderdale)-I fully sympathize with the high sentiment expressed by the gentleman from Montgomery, but l am opposed to his amendment. This question was fully | considered by the Committee on Suf- | frage but after careful investigation we deemed it proper to leave the clause l just as it was reported. Nearly forty years have elapsed since the civil war. Passions engendered by that great con- | test have subsided. If 1t be true that there were Confederate soldiers who de- serted the cause of the South and en- listed in the armies of the North, they have. no doubt since that time, repent ed in sack-clotn and ashes. in humil- iation and sorrow for that terrible and unpardonable sin.
 MT. Lowe-Will the gentleman from Lauderdale pardon me.
 | MT. ONeal-In a moment. l MT. Lowe--I want the gentleman to specify a man of that character.
 Mr. O'Neal--I decline for the present I will answer in moment. Suppose a man had deserted and since that time had led an upright and honorable life and reared family. are we at this day to open the wounds of the war, tc H,i,, htRFT a ion family? We have in this State a stat ute of limitation. statute of repose a statute of stale demands.-
 MT. Oates-I would like to ask my friend just at that point if although il may be described repose, do you think it ought to be reason why he should be equally honored with the man who has served faithfully?
 MT. O'Neal-I will answer that 1T time. I stated we have a statute ol repose. after lapse of twenty years the courts presume every transaction is closed. they>will not open any cause they will presume a grant of land, ( will or deed, or anything to quiet title! or to quiet human transactions. Nov l say that if there was a man WhG deserted. let us throw over the sin th' broad mantle of charity and forgive.
 am opposed. MT. President, to writing in the Constitution of Alabama tn, word "deserter.". If any Confederate soldier deserted and joined the armies of the North. ask you could he hay, served honorably in the Confederate army?
 MT. Lowe-The gentleman has re
 ferred to the deserters from the Con
 federate army who have repented il sack-cloth and ashes. Does he know
 of a deserter from the Confederat,
 army who repented in sack-cloth anC ashes?
 MT. O'Neal-I don't know one wh,
 did desert, thank God in my end O
 the State they are few and far be
 tween.
 MT. Lowe-I would suggest that the.
 more likely repented in postoffices ant
 fine linen.
 Mr. O'Neal-They may. I say if
 man deserted the Confederate arm!
 and joined the army of the North h.
 cannot have honorably served in tn
 Confederate army. What did he d. when he deserted-committed a crim
 against the laws of war, punishabI
 with death and to say that a mai Hcould have served honorably who hat
 deserted. 1 concede where a man wa
 in the Confederate army and joined tn
 Federal army some time afterward
 after his desertion have served hon
 orably in the Federal army, but
 there be a man who served in the Con
 federate army and wants to claim h
 was a soldier in the army of tn North and wants to open up his deg , | radiation and shame let him do if bil