The Montgomery advertiser., 1901-07-19

ath. 10th and 11th amendments have n relation whatever to the rights ot e,u- zenship. The 18th Amendment rsaates to line election of President and viee- President. The 18th Amendment gave freedom to the slave. The 14th Amend nent gave the negro civil rights only; and inc 18th Amendment simply se- cured him from discrimination Tn the grant of the right of suffrage. In the famous Dred- Scott case decided oy Chief Justice Fancy in 1858. dec'sion which electrified the whole Union enc which brought down upon the heaa ot that learned Judge the condemnation of every lover of the negro. 1t was expressly and unqualihediy decided that the negro was not then and never had been a citizen of the United States nor of any State of the Amefican Union. If then Alabama cannot put into her Constitution q pronio'ion against the negro's holding once, n must be by reason of or on account or some Amendment to the Federal Con- stitution adopted since 1sSe. tAke IL that it will not be claimed that this ac- tion ia prohibited by any amendment 70 the Constitution of the United states except the 14th Amendment. The ques- tion then for discussion is. does the 14th Amendment prohibit itE To an. swer that question, 1t is necessary 10 analyze the language or tne Itn Amendment and to consider the Vart' ous decisions rendered since its enact- ment. The first clause is! "Au per- sons born or naturaiized in the United States. and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside"
 Mark you. gentlemen. there are two kinds of citizens spoken of here: Cit A xAa States and citizens of a State, and their rights are dher- ent. You will recognize that there are many citizens of the United States who are not citizens of any State; and there are millions of citizens of the United States who are not citizens of Ala bama. The rights and privileges of cit- izens of the United States are estae- lishsd by the Federal Constitution ana ano by the laws enacted by Congress. The rights of citizens of Alabama are es- tablished by its Constitution and by its laws. The rights of citizens of the United States are under the control of Congress. The rights of citizens Of Alabama are to be governed by It's laws.
 Now. take the next subdivision of the 14th Amendment: 'fNo State shall make or enforce any law which shall abridge the privileges or immunities or citizens of the United States"
 The absence of reference to citizens of the States in this clause, whereas in the previous clause both kinds of citizens are spoken of, shows that the fram.ers of the 14th Amendment had some purpose in the language used and that purpose, 1t seems to me. was to say to the States that wherever priv ilege or an immunity is granted by the Federal Constitution or its amend ments, that Is a privilege and immu- nifty of the citizens of the United States. But wherever the State acts, 1t Is a privilege or immunity conferred by the State and this clause does not say, mark you, that the privileges and immunities of citizens of the State shall Tot be abridged, but only those of the citizens of the United States. There fore, State has a right to make any law 1t pleases for the government of it's citizens and for the administration of it's affairs, with this exception only, that where 1t affects life. liberty or property, the law must apply with equal fierce to all; and where 1t af- fects the suffrage. there must be no discrimination on account of race color or previous condition. Therefore, a State has right to say whether a jury in its own courts shall consist of twelve or less men: whether verdicts shall be unanimous and whether there shall be any jury at all. 1t has the right to prohibit the intermarriage of the races It has the right to provide for the separation of the races upon railway trains, in schools and in public places. It can prohibit or permit women to practice law. It can give women the right to vote. Further. the State can give to a white woman, if 1t chooses. the right to vote and prohibit it to the %. kl aAA 18th Amendment simply protects the negvo male from discrimination in the exercise of the right of suffrage. The State can so further. It can establish in one of the Congressional districts a set of qualicdat!ons for suffrage. and in each and every one of the other Congressional districts it can establish an entirely different set of qualifica- tions for suffrage. That is clearly maintained by the authorities. The on- ly limitation. as I said before. ia that these qualifications must apply to all alike in each one of these difftrent dis tricts.
 Now, read again the other part of this 14th Amendment. Nor shall any State deprive any person of life. iib- erty or property without due process of law: nor deny any person within its Jurisdiction the equal protection of the laws"
 A singular thing occurs right there: You will notice that in the first two clauses, we have been speaking about citizens. This clause commences to speak about persons. It gays "Nor shall any State deprive any person of life. liberty or property" and that ev- cry person shall have equal protection of the jaws. That clause then inclu les not only corporations. hut also iD- cludes women and children. It not on- ly includes citizens. but 1t includes anybody everywhere who has property within the State. Mark you. another thing: While the first clause says pro- tection of life. liberty or property shall be given to every person, the second clause says the equal prctec- tion of the laws shall be given only to those who are within the jurisdictioL of the State. Mark you .again. the am guaxe is not it's laws, but the laws thereby showing that the intsntior was 10 make the State give to it's Citi- gems and to the people within it's jur:s- diction the protection of any and ev- cry law which affects life. liberty or property. Now. it is often said that the 18th Amendment gives the right to vote, That statement is untrue. The 18th amendment does not give any man the right to vote. It simply secures the neero from discrimination in granting