The Montgomery advertiser., 1901-06-23

1t to . very great extent---stwouid
 certainly do that. Lynchings are the
 result, if may be- hardened for using
 the expression, of depraved sentiment,
 and wherever the good people of
 county cease to connive and cease to
 render indirectly protection to the
 mob that does the lynchinR. then the
 victory is very nearly won In the fght
 of saving the life of prisone-s. It is
 like everything else. whenever the
 moral sentiment of a community where
 it is done condemns 1t. then the thing
 practically ceases. What good would
 it do to undertake te impeach a Sheriff
 in the County where the lynching ia
 done. and as a rule. MT. President. 90
 far as this section would apply the
 man must be tried right in the comlnu-
 nifty where the lyncning takes place.
 unless this provision or some other provision be enacted so as to get be- yond the local influence. and I know of TO better tribunal before which the Sheriff may be brought for trial. Now. there Is nothing in this provision here that is harsh or unjust, 1t don't say you cAn without cause suspend the Sheriff. or that you can impeach a Sheriff, bu: he must be guilty either or neglect, or connivance, or other grave fault. Tn other words, when you group
 the words ..rogether they mean no more or no less than if the Sheriff or
 deputy falls to discharge his duty he
 lays himself liable to impeachment.
 What good reason can be assigned why
 the Supreme Court of Alabama shall
 not be the tribunal before which he
 should be arraiened. They are cer-
 tadnly competent. The history of the
 past has shown that 1t is a matter ot
 tnpossibility to convict a Sheriff in
 his own County. Why? Because of the
 influence he has over his constituents, and unless, as I said, this provision il
 adopted. lynching will continue to pre-
 vail in Alabama, and hope, Mir. Presi.
 dent. that the amendment will not pre-
 vail.
 Mr. ,Fitts-Upon this subject. the dis
 tiuguished gentleman from Pike (Mr, Samford) in the committee, as he has stated; gave his brethren of the com. ,mittee warning and notice that he ! would raise this question upon the floor fof the Convention. 1 desire to assure the Convention that this matter was the subject of most careful considera. ttOn in the committee room. and yudI
 committee believes that this provision as embodied here Is a step in the right direction; they believe that 1t is a ster towards the civilization that is de-
 manaed in this country; towards . condition of affairs that ought to bG brought about especially at the time of, the holding of this Convention. es. pecially in this Convention, especially in this body which has met for a para
 mount issue. for the purpose of lifting
 burden of apprehension from the people of Alabama .and especially from
 the people of a particular section o. Alabama. It is meet and proper al the same time that the same clarior voice proclaim that relief. that the same Constitution that ik gong C bring about the ia oric under Mn.-u tne new conditions can prevail, it will be meet and proper that at the same time. when you say ot the black man I've propose to set limitationss about your rights to participate in the af- fairs political of this country or to vote when you are ignorant and unfit to exercise the right of suffrage" 1t will be but meet and proper and com mon justice to say with the same au- gust instrument that we propose to l protect your life from the hands of 1 mob violence, and we propose to see | that you will be brought into the court houses of this country and given l fair and impartial trials, and that you are not taken by mobs out of the hands of sheriffs of this country and hung up. to the
 nearest tree or the nearest telegraph pole. We say that these two things go hand in hand, and that they should
 be written down in this Constitution
 side by side. It does not answer this proposition at all to say that sheriffs
 are elected by the people, and that
 they ought not to have this additional terror to make them doubly anxious
 to see that their prisoners sle pro-
 tected and that the law is tn:oICed.
 It is fact that they are taken lrat
 prisoners are taken from aheriffs by | mobs. and it Is a fact that iL ought
 to be stopped. The Committee thinks thrt this Is safe and cons4rV ntive
 measure when it says that the rIkLt 1 of removal shall be had until the Su- preme Court can pass 1pon the meIits l of the case, and 1t does not lake the | office of any Sheriff away from him unless he is found to be guilty of cow | ardicr or connivance in these lyn1h- 1 ings--
 Mir. samtord-or other grave fault or neglect. d. MT. Fitts-Neglect of his 1ffi :ial cuty, coWardice that would not withstand | the mob, connivance that permits tEem
 to take him away giving them the
 keys when he was pretending not to give them. We all know the habits. the
 ways of mobs. 1t is no answer to this proposition to say that the Supreme Court is crowded and ought not to
 be asked to stop and hear these i'm" 1 peachment proceedings. It don't make any difference how crowded it is, in that important matter it ought to and
 certainly will rise to the new duty
 that Is imposed upon it and make rules | and regulations to hear the fmpeach-
 ment proceedings when they come up. [ The gentleman says that he is opposed | to this proposition, he says that he is ] opposed to 1t because sheriffS are only l part of the executive in the sense where the arm of the executive extends
 into the county he Is opposed to 1t be- cause the Sheriff Is elected by tne county and ought not to be removed | by the Supreme Court. l say there cannot be any reasonable comrla.nt | by any good and faithful Sherin at a mere temporary removal untu the l Supreme Court can hear his defense of all his actions and offic'al conduct. l I say 1t will be a long step and cons siderable stride towards the stopping | of lynchinEs in this country and iI this state. and that is a stride greatly to ] be desired, and alnnosta aAS pFtce IS nVt too dear thAt does not inVaee tn' sacred rights of man. The dlstin- | guished gentleman (Samforol snou l remember the eloquent words, dlmosa | the last words that ever came lSs s | this hall from eloquent lips that eI.S l stili--from his great father-amonS tnS | last words that he ever sent into tnS [ Ea