The Montgomery advertiser., 1901-07-28

when 1t awarded pensions to its old soldiers? Doesn't it recognize the al- legged doctrine of inheritance. when 1t says the pension shall continue to the soldier s widow. Hasn't Alabama adopted the same thing in levying tax each year for the pensioning of the Confederate soldier and for his widow? More than that, Mr. Prest- dent. the Constitution of Massachu- setts, as I have it before me, while 1t lays down a qualicafition for every citi- zen in this State. when it comes to end up, it says, But the soldier shall be ex- empted from certain of them. Reao II for yourselves; 1t is there. Who mas attempted to declare the Constitution If Massachusetts unconstitutional, ana In violation of the Fifteenth Amend ment because it made that exception In favor of soldiers? Shall we oo IL here?
 Now. one other thing, before my time ,uns out. Something has been salo sbout representation-about our repre-. sentation being reduced. Let me cal vour attention to one thing that will strike every thinking man at once, ana that is this: The only authority that Congress has to reduce the representa- tion of the South is under the second section of the Fourteenth Amendment; that says that they shall reduce tne representation in proportion 10 the number of male citizens who are ex- cluded from voting. How are you so- ing to arrive at the proportion! How is Congress ever going to know how many of the male citizens of Albaama are excluded from voting, and thus ap- portion our representation, until new census Is taken, which new census shall show how many people there are fin the State who can read and write. and who are of good character, ana who are old soldiers, or who are de- scendants of soldiers. and who are left out by this provision? You are bound to have figures before you can get proportion? Every school boy knows that.
 Mr- deGraffenreid-Wil the gentle man suspend for the purpose of lettlng me make a motion? l want you to have plenty of time.
 MT. Watts-l don't want EioIe lhaA fifteen minutes.
 MT. deCraffenreid-I move that the rules be suspended, and that the gen. tleman be allowed twenty minutes, or as long as it is necessary for him to finish his speech.
 Upon a vote being taken, the motion was carried and the time of the gentle man extended.
 MT. Watts-If you will look at the Constitution of Connecticut-you have got it in these published pamphlets here-you will see that they have made a provision here for voting, based upon education, and you will ma III Ihe early history of thfs country. almost every Constitution was based upon some qualification of citizenship sPe- ciaIly set out. My friend from ot. CIair saws. You go to these registrars; they are clothed with judicial power; they refuse you the right to vote, ana vou appeaI to the Circuit Court in stead of a Justice of the Peace' people are pretudiced against you, and IL re- mains with the ipse dixit of the Segls, trars as to whether or not you snail vote. Has he forgotten that oy tne naturalization laws or the oni.eu States, unless he shows that he IS man of good character, and that he understands the duties of citizenship, and if the United States puts that test upon foreigners who come here to oe- come a part of our body politic, now can if possibly be unconstitutional TOT the State of Alabama to demand or her citizens intelligence and good charac- ter? Mry friend. Governor JoAes, er- roneouslv says. and unintentionally, no doubt. that the Fifteenth Amendment nlaces negroes on an equality with the whites He is too good lawyer. IT ne has read the decisions, to intentlonaiy say that. The Supreme Court or the limited States in the Cruikshank case, said that the Fourteenth AmenoHent was intended to prevent the arpitrary exercise by the State or tne pV% CTS of government unrestricted py tne established principles of private rights and nuhlic justice The Supreme Court of the United States in Reese VS' O' &. 100 U. s.; in Neal Vs. DelaWare, IO3 U. s.; in Bush vs. Kentucky. iU' r. s.; in Plessy vs. Ferguson. loo u' S. said that as to civil rlgnts, the negro was placed by the Fourteentn Amendment on the same level with the white man, with rights and re- snonsibilities exactly the same, but in some of those same cases, said that the right to vote was not among the rights and privileges mentioned in the Fourteenth Amendment. And IT II should come to the question as to what will be allowed under the Fourteenth Amendment. you would find that in the kentucky tax cases. 115 Y. s.. and in McGoun Vs. Illinois, 17 U. s., 1t was said that the Fourteenth Amendment only requires the same means and methods to be applied lmpartially to all the constituents of each class, so that the law shall operate equally and uniformly upon all persons in similar circumstances. The difference between tho gentleman 1rOH JeIlSISoh MI White) and myself, in that respect is that he put it in his minority report that all citizens cannot conform to it. That is not the rule. The rule is that it must be the same under similar cir cumstances, and that only applies to civil rights, but if you take his form of it. then woman or child could neV- CT get the right to vote.
 Mr. deGraffenreid-May I interrupt the gentleman.
 MT. Watts-Yes Sir.
 MT deGraffenreid-In the Constitu- tion of Pennsylvania, when 1t went into the United States, there was a pro- vision that all people who paid cer- tain tax within ten days before the election should be permitted to vote but there was a provision that the children of freeholders should not be required to pay the tax, was that a standard to which all citizens could at tain
 MT. Enthusiastically not, and no- body ever questioned the constitution ality of that provision.
 Now, something more about the Four taenth Amendment. In the Kentucky and Illinois cases above cited, it is said .'It may safely be said that the rule of construction of the Fourteenth Amendment-tha equal protection clause of the Fourteenth Amendment prescribes no rigid equality, and per nits the discretion and wisdom of the