The Montgomery advertiser., 1901-07-31

nit that the understanding clause. as we will deeienate H. is constitutional. They admit that the soldiers clause Is constitutionai. This proposition says that if that Dc tree. that even though you strike out the descendant clause. the whole of the remainder of the fabric would I do not make this argument because of any apprehension that any part is unconstitutional. but simply to show you the falsity of the argument they have presented. There is not q proposition adduced here to sus- tain them. They have been over- thrown by argument. and even upon these simple propositions they relied on 90 much there is not . decision or principle of law that sustains them. I will read you only one more line. and that is upcn what courts have declared to be the law where you deny the right of suffrage upon the ground of race, color or previous condition. l say 1t is one which may be exercised to the full limit if the abridgement is made not on the point of race. but upon the point of characteristics of the parties excluded. Here is the case: ITO U, s. the last opinion upon this subject. This is the Mississippi case. The court says: Restrained by the Federal Con- stitution from discriminating against the negro race" (that Is the Mississippi Conyention) "discriminates against its characterfstics, and the offences to which its criminal members are prone" No exception Is made to 1t. "But nothing tangible can be adduced from this" says the court. If weakness were to be taken advantage of, 1t was to be done within the field of perrnissi- ble action under the limitations imposed by the Federal Constitution" Could anything be plainer than that? And the means of 1t were the alleged char acteristics of the negro race. not the administration of the law by officers of the State" do not see, delegates, what may be said in addition to what has been said. The whole argument that the Constitution is in danger if any part of 1t should be declared null and void Is without any support either by authority or reason. when you say you put . standard to which the negro cannot attain, and our legisiation is confined to his characteristics-and 1t Is certainly confined there-the very latest exposition of the Supreme Court of the United States sustains us in that position. But the gentleman has cried fraud" l will ask him to rise in his seat If he Is here. and tell me what court, and at what time court has ever declared a statute to be void on account of fraud, much less the or Tanic law of State. Fraud enters into transactions between parties. but here time and again in regard to the Shelby County case, that they had no relief. because the statute could not be attacked as fraudulent, and by your vote that proposition was sustain cd, and I assure the delegates of the Convention. as a proposition of law. it is sound. The apparation that they are trying to draw up here melts away in air when 1t is exposed to the light of the decisions and principles of law 90 long established in this country. I do not know what to say. gentlemen. The honorable delegate from Jefferson Coun- took a solemn oath before high heaven that the white man should rule. and we have heard the delegate from Mont gomery County complain that the acts of the kuklux were not sufficient to satisfy him. and that he time and again in order that the elections might be carried, even by fraud. encouraged the managers. And yet an officer upon whom high honors were con- ferred. and he. time and agaln--and I class my friend sitting there in the sciences are disturbed by the provision that we must support the Consultation of the United States and, therefore, they cannot see their way clear to vote, for the report of the Committee, have read. and don't say t with any purpose of disparagement, of a certain class of people of whom tt was said that they would strain at a gnat but could swallow a camel" do not know what more could be said to convince these men. We do a man was found in a very bot place, and he desired that he might be sent back to earth. that he had i've breth- ren there to tell of the place, but he was told that if they did not believe what they had heard. they would not
 believe though one came from the dead. (AppIause). The Good Book tells us there were i've brethren. wish there were only live here; but can count four of the minority report, and I can count my friend over there. and on the same side is the delegate
 from St. Clair County. who. In this Convention, said that one of the bright est stars in the crown was the Fifteenth
 Amendment. I do not know how they
 will like that kind of company. (Ap-
 plause). I was shocked to hear man claiming pride in being white man. say that he regarded the Fifteenth
 Amendment as one of the brightest jewels in the crown, or one of the
 brightest something, that was pinned to the Constitution-I don't remember exactly the language now. After hearing him say that. fellow delegates, was not surprised to hear him afterwards say that he feared neither
 man. hell nor the devil. If there was no other reason for calling this Con-
 vention here, and no other reason for would be sufficient for me to his constituents might be eliminated from the suffrage plank as to re. tire the gentleman entertaining those sentiments. And I hope those Nvtng in that community will preserve the re- cord of the man who could endorse the Fifteenth Amendment in Alabama In view of all that we have gone through. will not express my opinion of him. (Applause. ! MT. President. believe as strongly as stand here, not only the fraud, the violence, the bloo,lshed. hut I believe not one of our fair Avomen has ever been assaulted in this lana but that the infamous act may be traced to the fifteenth amendment. And I fF'l shocked as l remember that only few weeks ago, fair youns lady In the gen
 tleman's own county was the victim of an assault from one of these
 black fiends That Is my opinion of one
 A