The Montgomery advertiser., 1901-07-23

EXecf of lt. and unless tnere is sofie Her explanation of 1t that can be
 5a<. and maintained shall be op-
 4d to 1t. | am opposed to putting &v class of citizenship upon differ &6< basis and to be governed by diff Trent law and different Constitution < rum the balance of the citizens of the
 Mr. Oates-I should think that Is in- <cn6ed to maintain rights and privi- {&1tH which are in the nature of vest 4d rights. Of course if they become c1tizcns of Alabama. they would have 1o conform to the laws of Alabama. and they would not have any extra lights or privileges extended to them. < If would be only such as they had up <o the time of the acquisition just ike t my other law that is declared not to De retroactive. It is for the preserva- { ton of the rights and privileges they E had up to the time of the acquisition. r I do not see anything in conflict, and fhis section is in the present Constltu- fion and was adopted no doubt in View Of the same thing that is now spoken of. the probable acquisition or west Florida. It was deemed by that con venfion to be sufficiently broad. and not to present the difficulty referred to- and I cannot see that it does now. The Inuuiry of the delegate from Mobile is not positively asserted, but he is rather Speculative in his argument. He says nothing against the amendment onered ! by the delegate from Wilcox, and l move the previous question on the sec ton and amendment.
 will withdraw that for moment, for the gentleman from Barbour.
 Mr. Dent-It seems to me there IS ' ssomething in the criticism made py "A I pose to strike out at the latter part or fhe Section the following words: 'Any- thing in this Constitution to the con frsry notwithstanding" and add the following in their place: Not incon- eistent with this Constitution. The President-The gentleman from f3arbour will please send up the amend ment:
 The Secretary read the amendment to the amendment by MT. Dent: "Strike out all the words in this Section atter fhe word "acquisition." and add the following: Not inconsistent with the Constitution
 MT. SoIlie Dale)-Mr. President, l think. too, there is a good deal in the suggestion of the gentleman from Mo- bile, and that in the language to which s he objects there is the possibility of condition arising which might lead to considerable difficulty.
 MT. Oates-Wili ths gentleman allow an interruption.
 The President-Does the gentleman consent to be interrupted?
 Mir. Sollie-Yes sir.
 fMr. Oates-ThA amendment offered by the gentleman from Wilcox strikes out these words of the Section as re- ported, and adds them at the end, and I presume that the amendment offered hera will strike them out at the end and insert the words suggested at the end of the amendment.
 The President-At the end of the amendment of the gentleman from Wilcoxa
 Mrl Oates-Yes sir.
 Mir. Soliie-And in either case, MT. President, it still occurs to me that now is a good time to cure the defect and avoid any possible difficulty which might arise under the Section as it stands in the present Constitution, and is proposed in the one we are making. While it is true that any arrangement which might be made between Alabama and any other State in ceding to us ter ritory by which some of the citizens would enjoy any civil rights not enjoy ed by all the other citizens of the state would be unconstitutional and void
 
 the Federal Constitution, which spe- cifically protects all the privileges and immunities of the citizens and secures to them the equal benefits of the laws, We are acting here in several matters upon the assumption that the political rights of citizens are not thus secured and protected by the Federal Consti- tuition, and 1t is my opinion that they are rot. And, If not. 1t is possible, and might come about that in the great eagerness to acquire new territory in some cases the Legislature would enter into arrangement in It's acquisition by which the equal political rights of all the people would be overlooked and special privileges given. I admit that it is not probable that such would be the case; but 1t might happen. Polit- tcal rights might be claimed and an attempt made to preserve them to per- sons coming in with new territory, as Q part of the arrangement by which the territory would be ceded, which all the other people would not have, and which would be very objectionable and hurtful to us as a people. I admit that 1t is not very probable; but if there is no probability whatever of it, if there is no danger of it, and 1t cannot arise, or if it could not bs lawfully done, and there can be no political privileges en- joyed by portion of our people which ali the others do not enjoy, and if such an attempt in practice or such a pro- vision in our Constitution would be unconstitutional under the Federal Constitution then we are remitted to the other proposition that there is no need or use for the provision leaving the suggestion open to invite action. Being thing which cannot be done 1t simply cumbers'our Constitution and should be stricken from it. Let's strike 1t from it, and not leave to our Leg islature an invitation to attempt to do Something which under the Federal Constitution they cannot do, and not eeem to make way for the comforting on any part of the people any privi- Neges or immunities of any kind which all the others do not enjoy.
 It occurs to me that the amendment offered by the gentleman from Barbour is timely and good, and will take from the Constitution as 1t now stands a pro- vision which is very useless, because it cannot be executed, or, if 1t can be executed, might become harmful and hurtful. I, therefore, support the amendment ogered by the gentleman from Barbour.
 TfA President-The question is upon the amendment offered by the gentle man from Barbour.
 Mir. Oates-I now move the previous question on the section and the amend ment.
 Mir. Sanford (Montgomery)-I call for ar. zQF.