The Montgomery advertiser., 1901-08-18

far as the first change is concerned, the proposition restricting enlistment to white persons. in the committee, indi. vidually, was opposed to that change, and the reason 1 was opposed to it was that 1 feared it might interfere with the appropriation which the Con- gress of the United States makes for the support of the militia. It was purely as an expedient. was opposed to the use of negroes in the State mili- tia. But under the system now. in force, it is entirely discretionary with the Governor of the State as to what troops he shall receive and what troops he may not receive. l thought under tha: provision that there would never be any danger of negroes being enlist ed In the State militia unless the Gov ernor approved 1t. and that we were rAasona bly, certain of always having a Governor who would not approve 1t. For that reason, individually, I opposed the change, but the majority of the committee, after considering that phase of the question, and all other phases of the question which were presented to the committee, dec ded In favor of mak- ing the change, and I yielded my indi- vidual judgment to the judgment of the committee. and concurred in tho report after d majority of the commits tee had voted for it.
 The second amendment In the sec .ion, as it now Is in the Constitution, which permits the Legislature If 1t sees proper to organize State Naval Mi- litia, does not confer any power on the Legislature which it does not now pos- sess. The Legislature may as the mat. ter now stands organize a State Naval Militia, but has never done it. The Legislature could organize a milHiai therefore if might be said that there is no need of putting any article in the Constitution about militia at all. The Legislature could certainly do every thing about it. as there Is nothing here on the subject. But inasmuch as there is an article on that subject, believe and the committee believed that it would we we'll for the State to have a State Naval Militia. and the committee saw fit to engraft the sec ond change named authorizing the State to establish a State Naval Mi- litia. We examined the Consultations and statutes of nearly all the coast States, and We found in nearly all of them a provision was made for the esta blishment of State Naval Militias. The Federal Government has general statutes and regulations on that sub- ject. It lends to each State which has organized State Naval Militia boat for the purpose of making cruises. It appropriates from the general govern ment a considerable sum of money for the purpose of defraying the expenses of the State Naval Militia; so the com mittee thought that inasmuch as we could get an appropriation for this pus- pose from the government and a boat for this purpose from the government, that 1t would be we'll to say that the Legislature might provide for it if 1t saw proper.
 MT. President, move the adoption of the renort of the committee as a whole. The report of course, will be subject Go amendment. if any gentleman de- sires to offer amendments. and un- derstand that there are some, but be- fore that is done, ask unanimous con- sent to offer an amendment. When I drew the report, we had not made the change in the Constitution from the words General Assembly" to "Legis- lature." The words General Assembly, instead of Legislature" are used in three sections of the report. ask leave to strike out the words Gen eral Assembly" and insert in lieu tpere- of Legislature in Sections 1, ? and T. The President-Unanimous consent Is
  tee to strike out the words General Assembly" and insert Legislature" in Sections 1. and '. The Chair hears no objection. 1t is so ordered.
 MT. Jones (Montgomery)-As under stand 1t, amendments are now in order to different sections?
 The President-Yes. The Secretary will read the report, and then the amendment of the gentleman from Montgomery.
 The Secretary read the ordinance as follows:
 An ordinance on Militia:
 1. All able bodies white male in- habitants of the State, between the ages of eighteen years and forty-five years, who are citizens of the United States, or have declared their inten- tions to become such citizens, shall be liable to military duty in the militia of the State; and the General Assembly 1 may provide for the organization from | among such citizens of a State Naval Militia.
 g. The General Assembly, in provid- | ing for tfSe organization, equipment and discipline of the militia, shall conform as nearly as practicable to the regula- | tions for the government of the amies of the United States.
 
 elect Its own company and regimental | officers; but if any company or regi- ment shall neglect to elect such officers within the time prescribed by law. they may be appointed by the Governor. 4. Volunteer organizations of in- | fantry, cavalry and artillery may be | formed in such ma nner. and under such restrictions and with such privileges as may be provided by law. 5. The militia and volunteer forces shall. in all cases. except treason. fel- only and breach of the peace. be privi- legged from arrest during their attend ance al musters. parades and elections, and in going to and returning from the | same -
 6. The Governor shall, except as oth- erwise provided herein. be commander in-chief of the militia and volunteer l forces of the State: except when in the service of the United States. and shall,
 with the advice and consent of the
 Senate. appoint all general officers
 whose term of office, shall be for four
 years. The Governor, the Generals and Regimental and Battalion Commanders shall app 1int their own staff, as may be
 provided by law.
 7 The General Assembly shall pro-
 vide for the safe keeping of the arms, | ammunition and accoutrenents, milf
 tary records, banners and relics of the Stae.
 &. The officers and men of the militia | and volunteer forces shall not be en- 4E Ez.s-