The Montgomery advertiser., 1901-07-09
addressed the Convention in support of the amendment.

addressed the Convention in support of
 the amendment.
 | pr. Cunningham of Jefferson, in
 speaking to the amendment, said that
 if Mir. PiIlans had presented an amend
 ment to prevent leasing convicts he ] (Dr. Cunningham) would support It.. | The amedment sought to take away discipline, and he declared that he be-
 lieved the lash was the most humane punishment. It was not as severe as | Dread and water or the dark cell. He | said he spoke from experience. Under | the present law, Dr. Cunningham said
 convict could not be given more than | fifteen lashes, and then only while wearing bis ordinary clothes. Convicts
 could not be whipped upon the bare skin except upon the order and in the presence O. State official. MT. Beddow of Jefferson. spoke in favor of the Pillans amendment. He Jefferson GDr. Cunningham) had de- clared himself in opposition to leasing convfcts; that he would probably be given an opportunity to go on record on this proposition before the Conven. tion adjoured. He declared that there | was net a night in the year when twen- ty-five to 300 men were not whipped in Jefferson County.
 Dr. Cunningham denied that this was true of Pratt Mines. He said he had
 no knowledge of other points in the county.
 Mir. Beddow said he declined to be | further interrupted by gentlemen who did not know of their personal observa- tion.
 Mr. Rogers of Sumter, argued against the amendment.
 MT. Pillans closed the debate. He | said the State of Alabama had intro-
 duced the medieval custom of the gal
 ley slave. He declared flogging had
 been abolished in a great many States.
 and said descriptions of conditions in
 Siberia almost accurately described the
 intolerable coalitions In Alabama. On motion of MT. Lomax Of Mont gomery the Pillans amendment WAS
 tabled. Ayes 59. nays 37. On motion of MT. Lomax the section | was adopted as reported by the com mittee.
 Adopted Without Division. Other sections of the article which | make no changes in the present Con- stitution were adopted without division as follows:
 Sec. r. That all persons shall be- fore conviction be bailable by sufficient l sureties exceut for capital offenscs | when the proof Is evident or the pre- sumption great; and that excessive bail
 shall not in any case be required" Sec. IS. That the privilege of the
 writ of habeas corpus shall not be sus- pended by the authorities ot this State.''
 "sec. 1s. That treason against the State shall consist only in levying war ofyAf fn giving them aid and comfort; and that no person shall be convicted of treason except on the testimony of two wit nesses to the same overt act. or his own confession in open court" Sec. 20. That no person shall be attainted of treason by the General Assembly: and no conviction shall
 work corruption of blood CT forfeiture of estats.'
 Governor Oates presented an amend
 ment to Section 21 which provides that
 no person shall be imprisoned for debt. He desired to add the words except | for wilful and fragrant fraud. .'s''-~ss->-Vss In arguing in support of the amend l ment, Governor Oates said 1t merely
 gave the Legislature power to regulate such cases.
 On motion of Mir. Carmichael of Col bert the Oates amendment was tabled and on motion of MT. Sanford of Pike the section as reported was adopted. Section p os follows: That no
 power suspending laws shall be exer-
 cised except by the General Assembly," | was adopted.
 Section 23 was also adopted without division. It is as follows: That no ex post facto law, or any law impairing the obligations of contracts. or making 1z zlA ra1U special privileges or immunities, shall
 be passed by the General Assemly; and every grant of a franchise, privilege or immunity, shall forever remain subject to revocation, alteration or amend ment."
 Section A relating to the power of eminent domain was also adopted. There issno change from the Constitu-
 tion of 1876.
 Other sections which are unchanged
 were adopted without division as fol- lows:
 Sec. o25. That all navigable waters
 shall remain forever public highwaye, free to the citizens of the State. ard
 of the United States. without tax, i'm post or toll; and that no tax, toll, i'm
 post or wharfage shall be demanded or
 received from the owner of any mer-
 chandise or commodity for the use of
 the shores, or any wharf erected on the
 shores, or in or over the waters of any | navigable stream, unless the same be expressly authorized by law. ''Sec. 26. That the citizens have a right in peaceful manner to assemble together for the common good, and to apply to those invested with the power
 of government for redress of grievances or other purposes. by petition. address or remonstrance."
 Right to Bear Arms.
 Section 27 was read as follows:
 That every citizen has a right to
 bear arms in defense of himself and
 the State; and 1t shall be the duty of
 the General Assembly to define. by
 law. small arms, and regulate the bear
 ing of the same"
 The chairman of the committee ex-
 plained that the section had been
 changed so as to make it the duty of
 the General Assembly to define, by
 law. and regulate the bearing of small
 arms.
 MT. Reese of Dallas sent forward an
 amendment seeking to strike out the
 new part of the section and addressed
 the Convention. He said he proposed
 to leave the section as it was in the
 Constitution of 1875, so that some part
 of the present Constitution would go
 back to the people. Under the section
 reported by the committee, the Legis-
 lature might OreScribe in which hand a