The age-herald., 1901-07-26


 that the suffrage plan was unconstitu- tional. This grandfather clause only gave the soldiers and their descendants rights which they now had. He spoke of his re- cord in the army to show that he was friend of the confederates. He was friend of the negro also and paid a tribute to the bravery of the negro slave of his during the war Yet If he were living now he would not give him the right to vote. He would as soon give child a razor. He would not know what to do with it. He spoke of the Virginia constitutional convention and said that Senator Daniels suffrage article was the same as that of the majority re- port. He told how many of the soldiers in the army of Northern Virginia were unable to vote, and said he would never do anything which might disfranchise any of his descendants. He explained the conditions in Wilcox county, which he said were different from those in Ran dolph. The people of his county had been clamoring for the convention for twenty years We had to control elections there or leave the county. We are tired of it, however, and want a suffrage plan which will give us fair elections. He had no fear of another attempt at reconstruc- tion.
 Governor Jones Speaks.
 Governor Jones said he never spoke with as profound sense of responsibility as now. He was proud to know he had the same blood in his veins as the dis tinguished gentleman who had just taken his seat. And yet while they were of one people, they differed in their views. He Governor Jones) was satisfied he was right. This was solemn tuncture with the history of the country. The eyes of the world are upon us. Some states have acted Virginia and Alabama are acting. We should go slow There 1t not Q man here who will not admit in his heart that his purpose is to strike down negro suffrage as w1sest and best for both ra- oes. Some gentleman has even said they manted to lock horns with the fifteenth amendment and have done with 1t for ever. There is a difference in the opin- ions of some of the members as to wheth- CT this plan is not in conflict with this Fifteenth amendment. was one of those who believed if we left in this grandfa- ther clause it would make void all our suffrage provisions. If void what then? You bring into play the judicial power of the United States, next the power of the House of Representatives as judge of their own members, next the political power of Congress because It's laws have been violated
 You can't do indirectly unlawfully what you can't do directly. You can't put up a screen to deny your purpose. It will be
 
 and by theee circumstances will 1t be up- held or so down. As an illustration wish to call your attention to the Cali fornia Chinese quue case. This, on It's face, applied to the white man and Mon- golian alike and provided that any pris- oner who failed to pay his fine should have his quue cut off. The United States Supreme Court held that it could not shut their eyes to general knowledge, and that where an ordinance by It's terms applied to ali, yet was aimed at one class, 1t was void Courts will go behind the face of an ordinance.
 The fifteenth amendment says you shall not deny right, but that you shall not abridge or lessen 1t on account of race. When State deals with suffrage 1t must shut its eyes. and fix the qualifications so as to apply to all alike. I am not here to say that the law demands quali- .ficatians that admit equal numbers of both races as voters. Thus property qualification which applies to all alike would be fair. t. s
 Under the majority plan we start out by saying every male can vote, first if he has been a soldier, second, if heeis the descendant of a soldier and third, if he is of good character. These are qualifca- tloh ,nu th e mould be in them 2 fair intent not to discriminate against any ciass, It is Rot the language of the statute but its natural and ordinary oper- atfons that the courts look to. M
 We hayS,55' per cent of white and 45 per cent of blSek voters. Owing to a great evil we, want to disfranchise this 45 per cent, and the fifteenth amendment says you can do as much as you please provided you don't violate its provisions. Is not the practical effect of what we are doing, disfranchising this 45 per cent, and is not this running in the teeth of the fifteenth amendment? We let in few of the ne- groes under the soldier clause and tho bulk of the white people Is not this the purpose of the plan? It Is, therefore. un- constitutional in view of the fact that 1t applies one test for the bulk of the white people and another test for the bulk of the colored people Under this plan the soldiers and their descendants are made a voting class for life. Under the very nature of things, from circumstances over which he has no control. the negro can never measure up to these requirements.
 The Governor spoke of his love for the Confederate soldier, but said we should not put in our law the doctrine that a man could vote simply because he was the son of a soldier. A clause which said that soldiers themselves, all soldiers, could vote, he believed would be constitutional. was unable to stand longer, and the con- vention adjourned.
 Convention Notes. | Among the visitors to the convention to- | day were Hon. Robert N. Thatch and Hon. J. c. Davidson of Birmingham.