The Montgomery advertiser., 1901-07-27

franchise all the Republicans. all the Populists, all the Democrats. all the white men, and all the back men, and turn them over to 19S partisan regis trars. that is the proposition before the Convention. Now, Mir. President and gentleman, while we are discussing the suffrage question, we should Snot forget that all the qualified voters in Alabama have taken an oath to sup port the Constitution of the United States. They had to take that oath before they could register as voters. The law requires 1t. The white people of the State through their white rep resentatives, made the law. They made it freely and voluntarily without any constraint or coercion on the part of the Federal Government or any oth- CT power. When we fiist entered this hall as delegates--
 Mir. deGraffenreid-May ask a question?
 MT. Spears-I do not want to be in- terrupted.
 When we first entered this hall as delegates. the Chief Justice of the Su- preme Court of the State required all of us to hold up our right hand and solemnly swear that we would support the Constitution of the United States;
 
 lowed to enter uopn the discharge of our duties, before we were allowed to commence the work of framing new Constitution. The Enabling Act re- uuired it: the General Assembly had thought it necessary. This oath, gen. tlemen. had been registered in heaven. where the angels will keep 1t and guard 1t until judgment day: then when all the people in all the races of human ity that have lived in all the ages shall have gathered together; when the oid clock of time shall strike her last stroke; when the President or the oni- verse shall call that great convention to order; when the clerk shall open the great journal. and call the great long roll. you and I, MT. President. and all of us will either have to stand up or fall down on our faces and answer how we have kept this oath. Let us nope, let Us trust, let us pray. that no oeie- gate of this Convention will have 10 fall down on his face. Now, MT. Pres ident and gentlemen, since we have so solemnly bound ourselves, since our constituents, since all the quaiined voters of Alabama have so solemniy bound themselves not to do anytnns that will in any way conflict with the Federal Constitution, 1t becomes ou! most serious duty to inquire into ana acnuaint ourselves with every provis- ton and requirement. of that instru- ment on the subject of suffrage, and all other subjects with which we may have to deal.
 The first section of the Fourteentn Article of the Federal Constitution reads as follows: All persons porn ar naturalized, in the United states and subject to the jurisdiction thereol are citizens of the United States art of the State wherein they reside. Ne such State shall make or enforce any law which shall abridge the privneees and immunities of citizens or the ohl.eo States. Nor shall any state oepriS' any person of life, nor deny to an, person within It's jurisdictlon the et .r. Tomrteenth amendment. There is nothing obscure or mysterious about IL It is written in plain iah' araue of the common people; Tbay understand it. They do not nee judge or any court. or any Unlteo States Senator to interpret TOT .,. l tbese old familiar words or thelr n'o,n' 1,n er ton0ue In that first Section the Na- tional Government by constitutional eh- sctment has defined and made cleat l to inc minds of all men the terms | izens of the United States. Tn tna' Section the National Government na, declared in the most solemn IhanhI' known to men that no 3ta.e III . ,n .. Union shall make or eniose .,a @ ~,
 rhich shall abridge the privileges oi inmunities of citii.t ns of the uhitec l states. nor to deny to any citizen Whn in its jurisdiction the equal protectloi os inc law. Now the queries comes up is voting a privilege? Have coul ' held that voting is privilege ratuel than a right? Not many days as' when this Convention had under con stderation the Declaration or hights we adopted this Section which declares that voting is a privilege. IT voting h A privilege then the ordinances tha' w i are now considering Is clearly III con | flict with the first Section or lh' Fourteenth Amendment which l nave ins,t ouoted. Under the present Con- stitution and laws of the state ol Alabama. all men, all male citizens o the United states, 21 years old ana up wards who have resided in this State one year. three months in the county thirty days in the precinct or ward. ar' | entitled to vote, unless they nave peer convicted of some infamous crime. WI have never had in Alabama any pol tax educational or property quallnca
 lions for voting. In this ordinance WI have all these qualifications and man! obnoxious endorsements and restrlc
 lions thrown around the citizens t' hinder and delay and in many case' prevent him from voting. A ReSis
 tration Board Is created for each coun ty. to be composed of three men. The! are given unlimited. arbitrary power They may refuse to register the yer! best citizen with impunity. They art relieved from all legal liability. The! are given a judicial character for tn
 purpose of shielding them from pros ecution in any court, civil or criminal for any wrong or any remedy that The! may see fit to perpetrate against an! citizen by refusing to allow him to b. registered. Now. gentlemen, will anl delegate stand up and contend that th' 1 ordinance we are now considering doe' not abridge the privilege of voting. tha the citizens have exercised and en)oyeS in the State of Alabama ever since lsl9 | Some men say we have nothing to rear for a violation of the Fourteentt Amendment, except that Congress may exercise it's right and cut down oul representation in the Lower House O Congress and in the Electoral Conege Congress may or may not exercise thu power. Whether it dees or does not can have nothing to do with making valid any violation of the Federal Con
 stitution. and if the ordinance tha
 we have under consideration is in vio
 lation oi the Fcurteenth Amendmet
 the Supreme Court of the United State
 on the proper application Of any clti
 zen of Alabama, whose constitutions
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