The Montgomery advertiser., 1901-08-02

the qualifications that entitle the ap- plicant to become an elector at the time he applied for registration and the jury shall determine the weight and effect of the evidence and return verdict"
 The question Is on the amendment of the gentleman from
 Montgomery.
 MT. Jones-I will not detain the Con-
 vention but a moment. If a man owns
 or has title to a twenty five dollar yoke
 of oxen, he is entitled to trial by jury and the assistance of a Judge who
 cannot only advise the jury as to what the law is. but see that it is carried | out If he thinks injustice has been done he can set aside the verdict and grant a new trial. Under the proyi- sions of this section the Judge sits there powerless, he advises the fury what constitutes qualifications, he may see that the evidence as applied to the
 law he gives them is utterly disregard ed by the jury, and yet he is power- less, and the citizen who has a right to
 register is powerless he has no rem edy. It is a novel proposition in our Jurisprudence 1t least, and it seems to me that this section would better meet the judgment of our people if we al- lowed the courts to administer justice, to administer the law of the land, in that case as in any other case. Ger tainly when there is a dispute as to
 mule or a horse that ought not to entitle the claimant to it to any greater rights than the man who insists that he has right tc qualify under the section.
 Mir. deGraffenreid-In Section 13 of
 Article I of the old Constitution, un-
 der the subject of Declaration of
 Rights. I find this: That in prosecu-
 tions for the publication of papers in-
 vestigating the official conduct of off,
 cers or men in public capacity or when
 the matter publisher Is proper for pub
 lie information. the truth thereof may
 be given in evidence: and that in all
 indictments for libel the jury shall
 have the right to determine the law
 and the facts under the direction of
 the court" There are precedents in
 the history of the law of this State.
 MT. Jones-Will the gentleman par
 don question.
 MT. deGraffenreid-Yee, sir.
 MT Jones-If that be the law why not
 put in there under the direction of the
 courts" if it means that.
 MT. deGraffenreid-It is unnecessary.
 MT. President. because the court di-
 rects all trials that come before it. We
 have departed from universal suffrage
 in Alabama. If the Constitution now
 being considered is adopted by the
 people. The reason for it, MT. Presi-
 dent. has been made plain by every
 man who has addressed this Conven-
 tion upon the subject In the black
 belt white supremacy has been main
 tained by fraud at the ballot box. by
 counting votes for candidates when
 those votes were not cast, or by changing votes from one candidate to another. In the white counties it has
 been maintained by the purchase of
 the negro vote. It is the purpose of the people to purify the ballot box. In order to carry into effect the provi-
 sion of this Constitution we must
 nave Board of Registrars. but it was thought by this committee that It was more dangerous to the liberty of the citizen to permit judge, skilled in the law, considering only the law to pass upon the question as to whether an individual possessed the right to vote, than 1t would be to allow jury composed of his fellow citizens. residing in his county know ing him, at elbow with him, to pass upon that question. and it was for that reason that this Committee adopted the provision to which the gentleman objects. It has got an analogy It gets rid of the general charge at the hands of the court. The court stands before the jury and says. gentlemen of the jury. if you believe all the evil dence in this case. this man Is not en-
 titled to registration. We thought that it comported more with the dig nifty of citizen of Alabama that that cpuld be passed upon by men who resided in the same neighborhood and county of the applicant rather than that it should be passed upon. as said, by one man who knew not the defend ant, and who looked upon it from a cold standpoint of the law. Why. Mir President, in ancient time, when the common law was forming, the wit nesses to the case were the jurors in the case. The jurors had to come from the vicinage of the crime. because the law said that the mans neighbor, the man that knew him, the people that knew something of the facts and of the occurrence. would be more likely to render a just verdict than those who did not.
 MT. Weatherly-Mr President. the idea of the Committee in inserting this language in the clause, and which the distinguished gentleman from Mont gomery moves to strike out. was that lHe peOple Ol tne SIdIe could SaIely entrust the juries with the responsibil- ity of deciding the issues of fact touch ing the qualifications of electors. In that, we did no more nor less than to follow the example of the distinguished gentleman from Montgomery. who pro- posed to leave 1t to the grand jury of each county to select--
 MT. Jones-No, to recommend
 MT. Weatherly-To recommend those who should be entitled to the privi- lege of the electorate. We thought if a secret body, sitting in star chamber sessions. could be entrusted with the responsibility of selecting those en- titled to the electorate privilege. surely a jury of twelve, sitting in the open, hearing the evidence in the open, and charged by the judge as to the law. would not go very far afield in exer- cising a proper discrimination in that matter. The manner of the witnesses, their demeanor upon the stand, all though the re might be no controversy in the evidence of the witnesses upon the stand, although technically. under the ordinary course of procedure, there might not be any controversy. yet we thought that it was safest to entrust to the jury even though there might not be conflict in the actual words of the witnesses, to trust to the juries of the drawn from the body of the from the Yicinage, men who knew. who were in touch with, the sub feet in issue could be entrusted with the responsibility of deciding the ques-