The Montgomery advertiser., 1901-07-26

that not only my colle48 - IT klv H<z < nority report, but I Qnd many YFgn3lf them two of the distinguished hwyffe and greatest statesmen in Al4D4rnH. our two honored United States Sen@- tors. who agree with us in this mat ter. Now. briefly, fellow deleGateS, for I have no set speech to make. nor z do propose to quote any particuiar authorities. but refer only to n nov elementary principles of law Hn1cA has induced me to join in tho xhzneti- ty report in opposition to thu eecuou, The fourteenth amendment e tuo Constitution of the United States ulG16 the colored man . citizen of tho uu1- ted States. Up to that timet hA W11 not citizen. The fifteenth nxnon4> ment says that, tThe right ez . c1el- gen of the United States to vota eholJ not be denied or abridged by the UnI- ted States or by any State on eoceuN< of race. color or previous condition o3 2 servitude." When I first took tho oath to support that clause. I would rather have swallowed . mustard plas- ter, but l have sworn 1t repeatedly and I swore 1t here in this hall when I took my seat, and whether like it or not. before God. win die before will violate my own convictions, ana however much I may love my race ana my people. however much may be- lieve in their superiority to rule (an4 thank God. they are ruling and will rule. whether you adopt new Conntl tuition or not.) But this article io on inhibition upon us. am not only willing. but I desire to carry out ev- cry pledge in the Democratic platform as far as it can be done. And ! he- lieve 1t can be done without violating this article. but do believe that by the adoption of this grandfafher clause, you lay the straw that will break the camel's back. and that ths plan laid out by this Committee will be failure. My distinguished friends say that all power is vested ip the state. to regulate the privilege of snf- frage. That Is so without this tnhi- bition. I admit that Alabansa as sovereign State could regulate it as it pleased until this inhibition by tho Congress of the United States had been placed upon 1t. This says plnin- ly that neither the United States nor any State shall abrogate or deny on account of race. color or previous com dition of serutude any privilege as regards the suffrage. Does, this do it7 Why. I have but to refer to the speeches that have been made, to the one that has just preceded me, that wa are white men, and that we intend not to. disfranchise one white man and to disfranchise every negro. Gehtlen1en of the Convention. you cannot do 1t.
 MT. Sanford (Montgomeryl-I say to you that there is nothing here against the negro voting. and his children vot- ing. There were 1S6.000 negroes in the Union army and 10000 negroes from Alabama. and therefore 1t does not violate the Constitution of the United States.
 MT. Harrison-I don't know where my friend gets his figures, but think they are very much exaggerated so far as the number of negro soldiers are concerned. feel complimented that my friend from Montgomery has come near me to interrupt me. because be- lieve that what I say is making him think some, I say. Mir. President. that an inhibition has been placed upon Us as representatives of the State of Ala bana not to make any abridgement upon the right of suffrage to any cif- izen of the United states, and that negroes are now citizens Aof the uni- ted States. Take the grandfather clause. My friend here says that there were so many. but I appeal to your own general knowledge to say is he correct? Pray. tell me to whnt OK tent did the negroes ever participafe in any of these wars set out In the grandfather clause7 4 few of them may have gone into the Union army In the latter part of it. but they were so few that 1t would amount to poth- ing. ask you. my friendss what is the object in placing that clause therey Why do you want to put 1t there7 Ask yourselves the question and let your own conscience answer it. If be- lieved with the majority of the Com mittee I would gladly go with you. I never gave the right of suffrage to the negro, but as has been well said by my distinguished friend from Montgomery on yesterday, propose to deal with the situation as I find it. propose to carry out in good faith eral government. devoted four of the best years of my life to the Confeder- ate cause and after coming homei and after going through the da<k days of reconstruction. In common with the people of Alabama accepted the situa- ton and for one I propose to carry 1t out in good faith, however unpleasant 1t may be to me. It is an established principle of law that needs no author ity to sustain it. that we cannot do indirectly that which we are directly prohibited from doing. This clause of the Constitution says that we shall no abridge the right of suffrage on acc count of race. color or previous condi- tion of servltude. ask you to apply that principle to the clause. When we single out wars from the Revolution down. when the negro was not even citien ana could not possibly participate in them.
 We simply say that these soldiers or their descendants. who were white men, may participate. Is not this true? My distinguished friend from Madi- son said 1t was simply to allow them, the descendants of soldiers, to retain the privilege which they already had
 Suppose this is so. Does not the ne- gro have his right today? And if you allow the white man to retain 1t, and not the negro, pray tell me is not this
 a discrimination. Isn't it doing indi- rectly what the Constitution says di- rectly that we shall not do?
 Tell me, is there any difference be- cause to class who has had that right you say retain 1t, and you then
 take it from another class who has also had that right, that 1t makes the discrimination any less apparent than If neither class had enjoyed the privi- lege and it was given to one and not the other. An, isn't it a subterfuge? The Supreme Court of Alabama, in a case in one of the '7Os says that the
 law abhors subterfuges and dodges.
 Isn't this a mere dodge? And if 1t be a dodge, can we afford to do 1t? Ought we to do it? An, but my distinguished friend says in his argument that this