The Montgomery advertiser., 1901-07-27
on as firm a foundation as is the arsu-

on as firm foundation as Is the argu- stitutionality of the provision, anc Cron a foundation which is no firmar CT broader.
 That which is Inherited must neces- sarily belong to the ancestor during life and pass by inheritance after death. The mere fact that the law points out class of people and grants to them the same rights as another class. passes and designates the classes by their relations of parents and chill dren. or by any other relation, is not granting right on inheritance, but is merely giving, as is said in the books, a right by purchase-that is, 1t Is granted to ttem in their own right and they are simply designated as a certain class. How? Not by name, not by color. but as the children of a certain class-the descendants, be it child or grandchild. of soldiers, not to the de- sceudants for all time, but simply to those descendants who are now twen- ty-one years of age, or who will be twenty-one years of age before the first day of January, 1903.
 MT. Ferguson-May I be permitted to ask the gentleman question?
 MT. Smith-Yes, sir.
 Mir. Ferguson-Why not confer this privilege upon the early settlers of the the State of Alabama?
 MT. Smith (Mobile)-Because I think it would be ridiculous.
 MT. Ferguson-Why is one more ri- diculous than the other? I will ask the gentleman to answer that question.
 Mir Smith-I know of no more diff ticult task that any gentleman could assign to me than to say why is one h i,,r 1A -fI another ridiculous thing that he does, but really know the gentleman wants little information, and I will give it to him. The only reason that I see for not giving 1t to the early settlers is because those who. like the gentleman, are opposed to this Constitution. or the provisions that we are framing, have not gone over the country and induced the people to believe that 1t is abso- lutely necessary to give it to the de- scendants of the first settlers to keep somebody from defrauding them, and, therefore, it is not necessary to make any such class to meet an emergency that does not exist
 As far as l am concerned, I said in the inception, that l did not believe it is necessary to accomplish our purpose that we should give the right of suf- frage either to soldiers or to descend ants of soldiers. I believe that every soldier and every descendant of a SOL dier would be admitted under the good character clause, but as the admitting of the soldier is compliment and tribute that is due to them as the de- lenders of this country. l am in favor of writing that compliment in the very Constitution of the State of Alabama (applause), and let 1t be known of all men. and for all time. that We are proud of and thankful to those men who have served us; as to their descendants, l believe we have a right to confer the right of suffrage upon them and l be- | lieve there is no law that stands be- tween us and that right. These people demand it, and if majority of them say they believe in 1t, then let them have it. That is why think one prop osition is ridiculous and the other is | not.
 Now, on that proposition of inheri- tance, as I was saying: 1t does not de- scend from the father to the son. NO man upon whom 1t is conferred by this law can transmit that right to any one. | If is given to a certain class Of our | soldier citizens, who stand here to- day already possessed of that light and to sons of soldiers who are eithes twenty-one years of age, or Will pc twenty-one years of age before the nrst day of January, 1903, and 1t never de- scends to another generation, and, therefore, it is not right Of inheri- rance. If the law said that we could | give this right of suffrage to these, and l if A majority of the citizens or the State of Alabama say they want It, would give it to them, whether 1t was giving them an inheritabie right, or
 was not giving them an inheritaole right. although Thomas Jefferson or anybody else once may have salo, uh- der different conditions, that IL IS not nroper: that would never bind me when that state of affairs has changed and inc neople of my State are demanding | from me as their representative that ar anything else that they are entitled | to. . ,o, | Passing now to the clause tehat has not heen attacked, so far as its con-
 stitutionaIity is concerned; that one that says that only person or soou l character. who understands the outies and obligations of citizenship m re-
 publican form of government snalI have the right to qualify. In the hrs'
 place, it has been wnlspeIeo and said here in this Convention, ana
 [ believe by a lawyer, that the word | "eood character is comparatNe
 term: that a man might be Of gooo
 oSaracter in China, and not man ol | oood character in America, ana Nlce
 versa: that is is an uncertain term,
 that no man knows the definition or lti that if was. therefore, put in here as an instrument of fraud, ana Will pe ao
 used. It is true gentleman tha' n,aN
 might bear a good character III Alii.a a.d ica and yet not have good chai @S Sti
 under the same circumstances Ill Enl, .nt
 na It might be that a man llen
 haar a good character in Chlnd anu vet not year a good character III
 Alabama What difference does that
 wake if he was in China ana pore
 aood character. according to the un-
 SSorstondinp of those people? He Woul' | to,,a The right to vote there. Ana II he
 wa. in Alabama and bore good cnaT-
 octer according to our definition ana
 nnderstanding. he would have the rlsni
 to vote in Alabama. And. while IL IS
 variable term. it varies according to
 tha neonIe who have the right Of sur
 fraVe. inc qualifications for sunrage
 varies. and ought to vary, acc"rdlhe | to the people among whom ne HFrs Is if a definite term; 1t is term
 that has been used. defined and nnder-
 stood in our jurisprudence since 1''
 earliest dawn: it is question that
 con1pe Sup at every term of the court.
 and if is question that is establlsneh
 ot every term of court. and every law
 yer and solicitor, more than anybody
 else. Hnow clearly and distinctly what
 ths term. is and how 1t Is proven. Whv
 Tl.ol,o heard the ouesiion asked 'SilT,-