The Montgomery advertiser., 1901-07-26


 have rightly exercised 1t. that Is. every one of them. can reply that the me- gro has had the right and has exer- cised 1t, and therefore is qualified to ex- ercise 1t. You assume. on this floor. that one race does 1t well: when 1t reaches the Supreme Court of the United States they may deny that as- sumption and say they have the right to assume that such is not the fact. They have already declared nj the case of Neal vs. Delaware the reverse of that, where they say that the presump- ton that there weKe no negroes in Delaware capable of jury service, in- dulged by the courts of the State, was c vfolen. presumption. even though made by the Supreme Court. In decid- ing this matter the Court will look at the history of the times. They will look at the conditions as they exist. They will take judicial knowledge. or that common knowledge known of us all, and then declare what the effect Of this instrument is. My frienis, the majority of this Committee, in adopt ing Section 19. have expressed their fears. This child of theirs is a crea- ture of the thirteenth century, born out or time, whose great -gran,if.,ther lives in the State of Louisiana, and whose grandfather lives in the State of North carolina, its immediate parents are the majority of this Commit. .ee, ana they do not seem to have II at confidence In its robustness and loayey- ny that parents usually have. By this section they prophecy it's cary death. Iney nave made a ;hr )ud of it's swaddling clothes, have made the song or its birth it's funeral dirge. Ne thinks l. see over the hill standing by a new-made grave ,tu:iy judicial oTcer with spade in his hand. see the procession passing over the hill. ! see thia infant being borne to it's Iast resting place. and Tt a turn m the road l see the majority of this Com mittee with the index finger of inc right hand pointing in the direction of the tomb. saying "We will show won the way Mir. President. they are not Hiouhtedi they are on foot, and I want to say that l may be in that process sun; put II l am t will be simply 3s a friend of the family. I am in no w,y connected with the deceased. Now ur rresident. what is the necessity of this 2 why IS 1t proposed to incorporate into .hs constitution of Alabama this e,ause. It was put into the ConstItu- era o, Louisiana because they had e his an educational qualification of anu III ueIdult Of nOE- sessing the education required bv tha constitution, then a property onaliae eaton which would have deha rraa ry many white men from voting in that state. Remember We have neither an Uucalionai U, nor property Qualification
 e nave nothing except that A man ha ot sooo character and understands the outies and responsibilities of cit;xene snip. Tn Louisiana they only took one norn or the dilemma, they took what f caueo the descendants of grand na.ners clause, but they laid aside the unoersta anding clause. We propose to h,,t t not only the grandfather clause Missi. nT unoerstapding clause as well.
 ssIssippi took the understandinn clause. North Carolina took tbs anora tather clause. but North Carolins aieo nao an educational qualff1catjon that ut out many of her white men We sh no eoucatfonal qualification to n- ous white men under the ternoo taIy plan. Then why the. neceseit,, nurdenlng this scheme with ts,. oL thas IS wholly unnecessary Whe, saouId we take the chances in tha fsas y 'ne oonditiou1 which threaten us
 we are toid oh the floor of this Con' n'pn this morning that the North wss ,,, ohe more friendly than if of tha 'ne past and that the President u,i.t "s ohiteo States is looking noyy tIa,. .asor upon us. I think the gen tieman who gave utteranca tn een
 speech did not see the platform r,oaa Aaa S' the Republican party in Ohio mna
 the dietation of Mark Hanna and Wr
 foraker. the Presidents own State in when they declared that the disfran- chlsement Of the black man in tbs oouth must stop. It is not the first tune we have seen the cloud rising on that horizon. We hear today the nut tering thunder and we know. if wA know anything, that the Republican party will not lose the great States of Indiana, Illinois, New York and Ohio by keeping their hands off of us when the negroes in those States de- mand that their race in the South shall be protected, and the negroes in every one of those States control the balance of power politically. The time is com ing. and rapidly coming, when in the Congress of the United States it will be declared that Alabama's representa- ton in Congress and in the electoral college shall be reduced in proportion to the vote that has been taken away from this race. Can We afford to spare that nowS Do we not need every vote in Congress and every vote in the electoral college to save Alabama from discrimination that may be made against her there? I believe that the Republican party of the North Is wait ing until the trap Is full. They have seen Louisiana. Mississippi, South Car olina. North Carolina fall into line and they gre looking for Alabama and Vir- ginia and possibly Florida and Arkan- 'sas to follow. When the tran is full they will make a blow at the South and her people will feel it. Moreover if this suffrage plan Is declared to he unconstitutional by the courts of the United States the entire life electorate must fall. You lawyers are familiar with the principle that when fraud en- ters into a transaction. though a part of the consideration may be genuine. and part of ie simulated. you can not separate the one from the other. but the whole transa action must fall. You no doubt remember the line of cases beginning with Ivy vs. Stringfcl- low, believe it is in the 73rd ala.. which declares that in the sale of per sonal property and real estate made In the same transaction for gross sum. you cannot enforce the vendors lien because you cannot separate the con- sideration agreed to be paid from the personal property. The life electorate formed under these three provisions. one under good character and a knowl- edge of citizenship. I am sure if this clause is declared invalid by the courts the life electorate established by our suffrage plan will all fall as it will baimpoSSible to determine under which