The Montgomery advertiser., 1901-06-26

to consider what they are doing. Are you going to incorporate into the fun- damental law. to remain probably for fifty years. that the families of any Sheriff or deputy, or any of his posse, who get killed in resisting mob, are to be compensated by the Legislature? Gentlemen 1t reminds me of a law that was passed In 1868. by what was known as the Carpet-bag Legislature. We had someKu Klux about then, and 1t was said they killed several people. but never believed it. I never had any respect for them, because I re- garded them as utterly inefficient for not killing some people they allowed to escape. That Legislature enacted a law that wherever any one was killed mysteriously. where they did not know who did it. that the county should be liable to the widow of the slain. She could sue the county and recover large damages So as to make the people very vigilant in ferreting out such viola tions of the law. We'll sir. that ex. cited contempt for the authorities who enacted it of all our best people, and as soon as they got an opportunity it was wiped out.
 Now, sir, I do not intend to '.harac- terize this pending proposition nv any such language as that. It Is well in- tended by my eloquent and learned friend from Montgomery. It is we'll intended by the gentlemen who have voted for it. It is in spirit. they believe. of true kindness. to be ex- tended to the bereaved of any officer who is killed, but do you not know. gentlemen, has not experience taught you. that If such be the law. every time that anything can be attributed to such a cause, where there is any tendency tending to show that man has lost his life in that way, the play will be made. before the Legislature as to how much money will be appro- priated?
 Now, gentlemen. if any man should lose his life in that manner, no one would sympathize with his family more than I would. but to incorporate such a provision Into the fundamental law Is departure from anything we have ever had in it. It is dangerous. You cannot tell. nor can I. what is coming in the future. I will ask you this ques- tion, will it add anything to the per- formance of their duties on the part of sheriffs? Will it, or not? presume that none of them would seek death in order that their families might be rewarded by the Legislature. would not suppose they would be that reck- less. will they not perform their du- ties just as we'll without any such provision? And is there anything ex- traordinary in the requirement. of them which has been adopted by this Con- vention? Nothing in the world. It Is simply a requirement. in plain lan- guage that the sheriffs and their off, cers. shall do their duty in respect to prisoners in their custody. Then why this extraordinary proposition? It is wholly unnecessary. It is dangerous to put 1t in the fundamental law, where n,@A r. ~H. of the whole State. We had better leave that out, and leave in the pro. vision already adopted to govern sher- ifs in the performance of their duties. There is nothing In it that will stim- ulate sheriffs to recklessly sacrifice their lives. He simply must do his duty, and when he does that. no Cover nor is going to impeach him. If the mob overpowers him, breaks the Jail, takes out his prisoner and puts him to death. it will not be his fault. The question primarily to be considered by the Governor who must initiate the action towards his impeachment, Is, did you strive to do your duty, and the Governor can receive evidence to de- termine that proposition. If he did not, what ought the Governor to do?' He ought certainly to order his impeach- ment, and then try 1t before our high est court and if guiltless he would be acquitted. So there is nothing in any aspect of the case to require a man unnecessarily to sacrifice lives. He is not in the attitude of the soldier. My friend has eloquently said that it was the duty of the soldier to put on the garb and stand at his post and die there in obedience to orders I have no doubt but my friend is gallant enough to ex- ecute such an order, but soldier Is a man who is under the orders of his superiors all the time, and the excel fence of a soldier is the obedience to orders. The Sheriff is the man who or ders. He is the Captain. He is the man to eexrcise the discretionary pow CT.
 Gentlemen it is unnecessary for me to add to what my friend and former comrade in the Congress of the United States. the delegate from Macon, has well said. The question has often been presented in the Congress of the United States, body that is the most liberal of any in the world in granting pen sions to soldiers and to their widows and children but as he truly stated, 1t has never gone a single step in the di- rection of civil pension list, though the power that has been brought to bear to influence members thus to act has been very great. The single ex- ceptiOn is the provision for the widow of President Garfield, who was slain, and I will state my recollection is, though I may be wrong in 1t, do not think that is general law, applicable to the widows of the Presidents That was an exceptional case, as you all know, and believe that is what in- fluenced Congress to pass that act.
 Gentlemen, 1t is always, in private life and in public affairs, disagreeable to me to differ with my friend over there. because the personal relations between us are so remarkably kind. and hope ever will be, but here is a solemn duty we all have. I see it quite differently from what my friend does, and differently from those gen. tlemen who I think in the first place were largely influenced by his remark able speech uttered on Saturday af- ternoon about the duties of sheriffs, comparing them to soldiers who in the estimation of my friend are very much like the French Marshall who when surrounded with enemies and they de- manded his surrender, said a French Marshall dies but never surrenders. That is too high standard to erect for the sheriffs of the counties of this State. Direct what is his duty, and if he is overpowered that is all that Is required of him, nothing more.
 Now, Mir. President, again returning my thanks to the Convention for their patience in hearing what I had to say, l will conclude my remarks by asking AI.f