The Montgomery advertiser., 1901-08-18

my own opinion iS that it IS pertectiy clear that we are not prohibited by that instrument from declaring who that is. The Constitution of the United States does not attempt to define the militia The act of Congress does define the mi I4.ld. 4 sN d. Er VI S sp f,S al? MT. Cobb Tthink not.
 MT. Jones-You think not?
 MT. Cobb-I do not think so. I gay that an act of Congress is not per SC an interpretation of the Constitution O fthe United States. It Is only an ex- pression of opinion.
 MT. Jones-Does not the gentleman
 remember. I think in the Houston case. in fifth Wheaton. that the eu- preme Court of the United States Ce- cided that 1t was. ,t ..4 .,
 MT. Cobb-I do not remember ary such decision.
 MT. O,Neal-Fifth wheaton Houston against Moore.
 MT. Cobb-That an act of Congress 6 q, declaration of what the Constitu-ion fs2 :. l., ..
 ,XMr Jones-No. but that It Is the construction of that section or tae Con- stitution, the supreme law or tae 'ahi' |odMf. Cobb-About this particular ih- stance? ;x |ir.Mr. o'Neal-About this particular in- stance. ar MT. Cobb-well. if 1t Is true, MT.
 President that the Supreme Coart or the United States has by solenn de- cision declared that that article of the Constitution does give the power 10 Congress to define the militia of the States. then bow to that decision or the court, but independent Of It, would have no sort of hesitation Tn be-
 ,ieying that it was never the inteh- tion of the Constitution makers to con- fer upon Congress the power to say who shall constitute this militia.
 If We adopt the amendment proposed hv the gentleman from Greene we put this question just where it ought 10
 rest with the Legislature. am III hearty accord with him. except that believe we ought say nothing apou' if. I do not believe that the Cons.i- tuition of the State of Alanama oush' to seek to confer power upon Lesisla- lures. The Legislature or Aid2ama has all power except Tn matterS .to = In they are restrained either ny tne Constitution of the United States ar the Constitution of the State of Alaoama.
 ;Mr Jones (Mongomery)-M pres,- dsnt desire to withdraw the amend v,ent offered by me. and accept in Ieu of if the amendment offered DIV the gentleman from Greene
 Objection was made. ho Nr O'Neal-As there seems 10 ue some misapprehension Of the iaW 'n ''e subject. I desire to briefly call attn tion of the Convention to prov'sios of the Constitution of the umtea States. It Is simply this, Tn oeiihins
 the mower of Congress, 1t says the
 Conrress "has power to provide for the calling forth of the militia to execute the laws of the Union.' NOW. the 'ie .e es statute passed on this subject was .ne act passed In 1792. which IS tnat
 cry able bodied male citizen or the
 spective States resident tnereih wno
 is of the age of IS and under .nv '.
 of 45 shall be enrolled Tn tne nii'e S,o We all know that meant every "pie
 nS,a5 male citizen at that time and ,'ndar the decision of the court IL
 ,,eant white citizens. The supreme Court decided in the Dred-Scott case | that negroes were not citizens or the i limited States. and hence the act oI | Congress carrying out the provision ol l Congress. confined the militia to white | citizens of the United States. NO" uy | the 14th amendment the negro ls ilaos
 Q citizen of the United States, ana or | course if the provision In our Constitu- tion nrovided that all male citizens should he subject to military dutles' II
 would mean that the negro was SUD iact to military duties. Now another
 misapprehension arises as 10 the set of Congress making an appropriaton | to tn estates for military. It mas peen | stated here that Congress makes .he | anpropriation according to the nuHioel | of male citizens in the state naDle lor
 military duty. MT. President, tnaI aS i untrue, so far as my examina'loit u's closes. The last act on the supJect,
 u,hich is the act just read, is the act Of Eebruarv 12. 1887. What does that pro- vide? It amends Section 161 and pro r viSes the sum of $4oO,O00 to be annually annropriated. It makes a permanent annronriation for the militia or the States. Section says that appropIi- ation shall be apportioned among the several States and Territories-how!
 According to the number or citizens
 No. Under the direction of tn eSecre-
 tary of War, according to the nhmeer of Senators and Representatives 10 which each State is respectively en- titled in Congress of the United states.
 and to the Territories and the District
 of Columbia such proportion as the
 President may prescribe" Hence IL
 makes no difference what action we
 take, for the Secretary of War. under the statute Is forced to give Alab ana
 the same proportion that she now has
 of this appropriation unless the num-
 Der of our Congressman is reduced in
 the Congress of the United States.
 Now. MT. President, l also wish to call
 the attention of the Convention to the
 principles of law that govern this mat
 ter. In the case of Houston against Moore, 6 Wheaton, the Supreme Court of the United States decided that Cen
 gress did not have the power under
 the provision of the Constitution l have read to pass the act Of 1792. Further 1t says on the subject of the State mi
 litia the opinion being delivered by Justice Washington, the power of the State government to legislate on the subject having existed prior to lhe formation of the Federal Union and not having been prohibit
 ed by that instrument, re-
 mains with the States. The State it says, except where the Constitution of the United States prohibits action, has absolute and sovereign control of this subject. Now, MT. President, there is nothing in this provision which de- nies the State the power of calling upon the negroes to volunteer in times of war. Nothing in this section prohibits that. The provision in the section un- der consideration does provide that they shall not constitute a part of the State troops. The gentleman from k@ ha