The Montgomery advertiser., 1901-07-09

convict camp in Monroe County. His report was printed in the newspapers and doubtless every gentleman of you read it. He stated that there were some sixty odd men in . single pen and a house with four walls and no openings for ventilation except door which had to be locked at night. Think of human beings being confined In such a place. Without the ordinary con- veniences which are necessary where men are gathered. They lay along the two sides of the house without air In the midst of the foulest and most un- mentionable things. That is the result of the conditions In Alabama. re- member one instance which can cite to you as to the effect of this system. There was a man to whom was talk ing once. and he was the first one to call my attention to the flogging of white men--in q conversation with him asked him why he flogged the con- victs. I knew 1t was unlawful and I said why do you flog these negroes, and he said. "Oh, we fiog them. and white men too." That man afterwards stood his trial in Arkansas for mur. dering prisoner. Graduated from Alabama schools. he went to Arkansas and finally reached the penitentiary for maslslaughter. He escaped from the penitentiary and went on his career of taking care of people, suppose. That man was a product of the Alabama system. T take it that nobody who knew that man would come to the con- ciusion that he was innateiy . bad man. that all that was the matter with him was the result of being afnicted with the power given to him by the unfortunate state of affairs that Ax- iSted in Alabama
 We are asked how we can punish them. It has been stated by the gen- tleman from Jefferson that all these cases of flogging are for failure to per- form some task. The man had n mind was a man unable to perform a task that the negro from Sumter Coun- ty performs.
 MT. Rogers-I though these con- victs were numbered as to their capacity and that certain classes were given certain tasks and certain others given others, I would not expect your friend to perform the task my negro performs.
 MT. Piilans-He is not my friend.
 MT. Cunningham-Does the gentle man from Mobile understand that these convicts are elassed and tasked by the State?
 Mr. Pillans-That was just stated by the gentleman from Sumter.
 MT. Cunningham-Does the gentle. man also understand that notwith- standing the classification by the State that the records of Pratt City will show that from fifteen to thirty are month- ly taken from the mines by the com pany's physician notwithstanding the State says they are able to work?
 Mir. Pihans--I know nothing of the details of that matter, but am happy If the humanity of my friend has been penetrating enough to perform such noble work. am not an encyclopedia of convict management. I have never burdered my mind and have never sought to learn how to manage con- victs. but there can be no doubt that if other States manage convicts with out the lash. we can do it. and 1t ap- years by the speech of one gentleman who is opposing the report that down in Mexico the. peon is protected by law from the lash.
 Mir. Lomax-I move the amendment offered by the gentleman from Mobile be laid upon the table.
 A call for the ayes and noes by MT. White was not sustained. and a viva voce vote being taken, the amendment was laid on the table.
 Section r was read as follows:
 IT. That all persons shall before con- viction be bailabie by sufficient sure- ties. except for capital offenses when the proof is evident or the presumption great; and that excessive bail shall not in any case be required.
 MT. Lomax-That Is the same as the old Constitution. and move that 1t be adopted.
 A vote being taken, the section was adopted.
 Section IS was read as follows:
 IS. That the privileges of the writ of habeas corpus shall, not be suspend ed by the authorities of this State.
 On motion. the section was adopted.
 Section 19 was read as follows:
 10. That the treason against the State shall consist only in levyings war giving them aid and comfort; and that no person shall be convicted of trea- son except on the testimony of two wit nesses to the same overt act, or his confession in open court.
 Mir. Lomax-The word "the" follow ing the first word that" is incorrectly inserted, and l ask that 1t be stricken out by consent. I also ask to inset the word own" before the word "cC--- fession."
 The consent was given. and both amenQmenLB ndQe lHe SSctlOH duopiSu.
 Section 20 was then read as follows:
 20. That no person shall be attainted of treason by the General Assembly; and not no conviction shall work cor ruption of blood or forfeiture of estate.
 On motion, the section was adopted.
 Section 21 was read as follows:
 2l. That no person shall be impris- oned for debt
 MT. Oates-I desire to offer an amend mcnt.
 The amendment was read as follows: Amend Section 21 by adding thereto "except for willful and fragrant fraud"
 Mir. Oates-I have but a few words to offer in support of that amendment. I remember well when we used to have a law which imprisoned man for debt, and I remember very well when 1t was abolished, and have observed how 1t has worked since, and, as a general am decidedly in favor Of if. But there are cases of the most 1 fasrant fraud in which parties have no remedy against the perpetrators, and this provides that in cases of WILL | ful or fragrant fraud, there may be for debt. Of course. l that leaves 1t to the Legislature. And they might provide proper penalties:
 MT. Carmichael-I move to lay the anne endment on the table.
 A vote being taken. the motion was carried, and. on motion. the section was adopted. ,
 Section P was then read as follows:
 22. That no power of suspending laws shall be exercised by the General Assembly.