The Montgomery advertiser., 1901-07-25

them in less time than that which the Convention has allowed to khe discus sion of this question to every member. Under ordinary conditions, MT. Pres ident and gentlemen of the Convention, I should hesitate very much to set up my judgment against the judgment or the large number of gentlemen on this floor who differ with me on this propo- sition. but representing, as believe, the sentiments and wishes of my own people, and representing as l know I am my own judgment and my own conscience. I feel that it is my duty to put myself on record as being op- posed to that section of the. majority report which the minority report pro- poses to strike from that report. As said. this is my Judgment, and my conviction. of what I ought to do, and l do this with the greater confidence because have found in my intercourse and association, with the delegates of this Convention that they are men who. as a rule. vote according to their own judgment and according to their own convictions. without regard to the Judgment, opinion. or conviction of any one else. I am glad to say that this Convention has set up no fetish which they blindly follow, that every man votes for himself and according to his own judgment. and that Is what I propose to do upon this occasion. Now, I shall very briefly discuss my views in reference to the unconstitutionality of this provision as compared with the provisions of the Constitution of the United States. l do so as I say with hesitation but I do so because 1t Is my own Judgment and my own con- viction that 1t is in conflict with the Constitution of the United States. Now. Mir President and gentlemen, what are the provisions of the Con- stitution of the United States
 MT. Coleman (Greene)-Just one question:
 4.e .-resid ,nt-wiH the gentleman from Barbour yield?
 Mir. Dent-Certainly.
 MT. Coleman-You are addressing your remarks as I understand, now to the second subdivision?
 MT. Dent-Yes. sir. the descendant clause. I thought everybody under stood that.
 The President-The Chair will state to the Convention that there Is pend- ing an amendment on the part of the minority of the Committee to st.ske out this subdivision to the section, and an amendment to the amendment off, fered by the gentleman from Pike to strike out certain parts of the section. the effect of which would be to make the temporary plan permanent, as I understand.
 MT. Oates-Thc minority report and the motion has not been read and laid before the house formally. It Is the customary rule before discussion.
 The Presidential has not been the custom when the article Is taken up for consideration to read the report of the Committee. It was read in full before the Convention when 1t was filed, but the Secretary did read the motion which the minority made at the con- clusion of the report.
 MT. Oates--I suppose it makes no difference.
 Mir. Dent-In order that I may be fully understood, will read the clause which the minority report proposed to be stricken out.
 The President-The Secretary will read the section.
 MT. Chapman-I rise to a parliamentary inquiry. Has the first clause of this Section been passed upon at all-the first subdivision?
 The President-No sir.
 MT. Chapman-Is that to be passed over until after the second is acted upon?
 Hc He Sihll SIdtCu TUT the information of delegates that for the purposes of general debate upon this Section, the whole Section would be considered as before the Convention, and the different amendments. and when debate is concluded. the Conven- ton takes up this Section to be voted upon. it will be considered paragraph by paragraph, when amendments may be offered, to be voted upon. without debate. and that delegates who desire to offer amendments may refer to their amendments while they are discussing the general question.
 MT. Dent-As I was proceeding to say, I propose briefly to give the req sons why l believed this clause is in contravention of the Constitution of the United States. We have certain rules that have been laid down for the con- struction of matters of legislation. laid down by the Supreme Court of the United States, and one of them Is rule with which everybody is familiar that every man intends the natural and reasonabl consequences of his own acts. Now take that clause under con- sideration and let us see how that rule applied to it would affect it. That rule I will read briefly in a case re- ported in 11S U. s. Reports, page 759. That rule is laid down by, suppose. as distinguished Judge as ever occupied the Supreme Bench, Mir. Justice Field ct California. I will read it: ''The rule is general with reference to the enactment Of all legislative bodies, that courts cannot inquire into the mo- tives of the legislators in passing them. except as they may be disclosed on the face of the acts. or inferrable from their operation, considered with reference to the condition of the coun try and existing legislation. The mo- tiVes of the legislators considered as to the purposes they had in view, will always be presumed to accomplish that which follows as the natural and reasonable effects of their enactments."
 Now Nr. President, you take the clause under consideration, The law fui descendants of persons who have honorably served in the land or naval forces o1 the United States in the war of the American Revolution, or in the war of 1872 or in the war with Mexico, or in any war with the Indians, or in the war between the States, or ip the land or naval forces Of the Confederate States, or of the State of Alabama. in tho war between the States.
 Now, I ask what is the natural and reasonable effect that will fellow that provision if adopted? By way of illus tration. to make my meaning clear, say that we had 9 clause in this pro- visicn which said tha; tho descendants of the settlers of this country. of all the immigrants who came to this coun- try from European countries. that the descendants ot all these people should