The Montgomery advertiser., 1901-07-27

composed of as good men as we had in the Convention, though no better. It has labored diligently, carefully, and honestly not for the purpose, as has been said. by some of the mem- bers of the Convention, of depriving all negroes of the right of suffrage, not to avoid depriving any white man of 1t. but to frame such an Article as will place the ballot, as was said by our President, in the hands of those who are competent to wield 1t, and take 1t from the ignorant and the vic- ious. It so happens that the great ma jority of the negro race belonged to the latter class, and it so happens, therefore, that any provision that we may formulate that would properly acc complish the lawful ends that we seek, would necessarily take that ballot from very much larger portion of the negroes than of the whites, and this particular Article will so operate. The grandfather clause has been attacked as unconstitutional So far as I am concerned, I think the good character clause is broad enough, and sufficient. to admit every man that will be ad- mitted either under the soldier clause. or the descendant of soldiers clause. believe that the number of soldiers that do not bear q good character and do not understand tine obligations and du- ties of citizenship under a republican form of government Is not appreciably large; that it is so small that it can hardly be taken into account even un- der the pledge that the Democratic par ty has made not to exclude any white man from the ballot l believe, toot that the descendants of soldiers-prac- tically all of them-would be admitted to the electorate under the general hA1 the addition of the descendants clause is not necessary for the accomplish ment of our purpose. So far as the soldier clause is concerned-though l believe that, too, is unnecessary. I would not, even if the majority Of the Convention was with me, strike down that clause, because I believe that it Is fitting. now that the people Of Ala bama have assembled in their sover- eign capacity for the first time after those who have defended her liberties have, to a great extent, passed from active scenes, some memorial Of the States gratitude for those who have laid their lives at the foot of the al- tar of patriotism on behalf of their State and their country, should be writ ten in the very Constitution Of our State.
 The particular county that I repre- sent Is and has been opposed to the de- scendants clause. not solely upon the grounds that have mentioned, but be- cause they have teen taught that the descendants clause is unconstitutional and void and that the adoption of that descendants clause will throw down and overturn the entire work of this Convention. That teaching, gentlemen of the Convention, was by those who have ventured upon this subject, without any study or consideration of it. They have seen this particular clause in va rious Constitutions. They have heard of the attack that is being made upon one of them in Washington now, and of the attack that has com- menced in Louisiana on another and they have jumped to the conclusion that they are unconstitutional. But believe that if the majority of this Convention adopts the soldiers clause and the descendants clause. as l be- lieve they will, and those of us who represent my county go back and say to those people mot only have we rnn- sidered the constitutionality of that clause, but 155 of the leading men of the State of Alabama have had it nn- der deliberate consideration and have come to the conclusion almost, though
 
 stitutional," and if We say to them further that "the mere fact that you do not need the aid of that clause is no reason why you should oLj-cr to 1t: that there are other portions of the State that want and demand it: that you have obtained in the third clause of the fourth paragraph everything that is necessary to protect you and keep your ballot pure. and that the bal ance of the State is entitled to these other clauses if they believe them to their interest-then. I douht not for one moment that no further cont.o- versy will be made over it. and I am satisfied. that properly explained. my people will adopt whatever Constitution this Convention recommends. (Ap- plause)
 MT. President. the attack that has been made upon the constituti ona,ity of this provision seems to me to nave been utterly demolished by the rle- sentation this morning made Lv the President. of this Convention, and would not feel that it is necessary for me to add one word to that clear and masterly explanation of the subject that was made by him except for the fact that our respective counties and the people We are personally acquaint- ed With and personally deal with-the people who have sent us here to rep resent them, look in some measure, at least. to the views of their own rep.e- sentatives in the consideration of these matters and in coming to concl sion upon them, and for that reason think 1t proper that l should go on record in clear and definite statement that have not the slightest doubt in the world as to the constitutionality of either of these provisions. (Apolause.)
 MT. White-WilI the gentleman allow me to ask him question?
 MT. Smith-Yes, sir.
 Mir. White-Are you of the opinlon that the grandfather clause in the Lou isiana plan is constitutional?
 MT. Smith-I am not I. am rot enough of politician to know whether 1t Is proper or not proper, but as the gentleman knows, 1 was probably the first man in this Convention to speak out on that subject He probao ply knows that I was appointed on a com- mittee with two of the most learned men. not only in this Convention. but in this State. for the purpose of sug- gesting what might and what might not be lawfully done in the way of re- forming this article. He knows that, with all the respect that I had for the learning and ability of those gentle men. I took issue with them upon that question and made that fight in the in- cipiency of the Convention before l knew whether there was a man in the Convention who agreed with me or