The Montgomery advertiser., 1901-07-30

the same The rule Is that If an un- constitutional clause Is found Tn an en- actment, the court will examine and as- certain, first. whether or not the enact- ment would have been made without the objectionable clause: and, second, whether it can be executed with the had clause stricken. If the enactment would have been made without the presence of the objectionable clause, and if, after striking it. the remainder can be executed, the bad clause is con- sidered as stricken and the remainder stands. If there were no grand father clause to be had, this Conven- ton would undoubtedly enact this sec- ton without it; and there can be no doubt that the section could be exe- cuted as well without as with the clause in it.. Then, where is the foundation for the fear which our learned friend from Opelika, General Harrison. ap- prehends for the remainder of the sec- tion? We think there Is none.
 Leaving the law of the case and com- ing to the policy of the clauses, in my humble judgment the soldier and grandfather" clauses of this section will be the brightest jewels in the crown of honor which we hope to see the people place upon the Constitution we are making when we send it back to
 
 how we ever could keep the pledge we have made in specific terms without it. We have some white men in our midst who have not good moral character and who do not understand the principles of our republican form of government, and who have not been convicted of in- famous crime. But with the good character clause and with the soldier and the grandfather clauses in our temporary plan I think we will get them all who are not idiots or insane. I should pause here to pay tribute of respect to the labors of the commit tee who have brought in the suffrage plan, at least as to those portions of it which I agreed to; but my time IS shortening, and have already detain- ed you over long.
 MT. President, there has been lot of discussion here upon the registration provisions in the Article. I am not quite sure that that question comes within the legitimate scope of argu- ment on this section; and if I were not afraid that those who have made the arguments have done so knowing that the arguments now being made upon it are to be final, I would not follow them into it. But it is possible that It is proper here in connection with the character and underst anding clause or this section. So will notice the reg istrars as I pass. In itself the char acter and understanding clause is cer- tainly unobjectionable. By the plain est and most palpable rules of right, man whose blood in some of its gen. erations has not been shed for his coun- try and none of whose generations has ever fought for 1t, ought not to be per mitted to vote unless he has good character and understands the duties of a citizen under government in which he lives.
 But touching the registrars: I am not so sanguine and hopeful upon that matter. But do not agree to the cen sure of the Black Belt," indulged by some. This much Is sure: The charac- ter and understanding clause will give to the registrars wide range or dis- cretion. Their office will be principally political; and 1t Is not changed by the mere fact that Judicial powers are giv- en to them. Great political pressure
 may be brought to bear upon them. And if they do not give to their Work q partisan coloring, it will be because the temptat ation is not sufficiently strong
 or because their characters are such
 that they cannot be led astray.
 Political, like other reforms Is the
 fruit of a changed condition of the peo-
 ples minds. It is not, as rule, er- fected solely by legislative enactments. Fraud has become so common in prac- tiee among us that I fear we will not find ourselves able to keep from the beginning the letter and the spirit of our reformed laws. To the extent that we get registrars who cannot do this. we run the risk of being injured by
 them. And should it turn out that in-
 stead of doing their best. they should
 do the worst they could, God knows we
 would be better off by far with the
 negro at large as we have him now
 than to find ourselves under the do-
 minion of a lot of villainous registrars. I trust then when we come to that part of the Article, the Convention will place around 1t more safeguards than 1t now
 has.
 The temporary plan is too short. Our youths cannot get ready in eighteen months. They need more time to get
 ready. It Is utterly impossible for the
 people of a State to propose in eigh- teen months for the change contem-
 plated. If the limit is left as it is, we will see many boys coming of age who are of good character, and who under stand the principles of our government and are as capable of voting as any one, but who cannot vote because they | have not the requisite education or property qualification. The fact is, | that I have but little respect for these l qualifications when applied to a white | man; and, but for the negro, I would | never put my name to any Constitu- tion placing on the white mans right | to vote any such qualification. The l white man was always qualified to vote. He inherits his qualities. De-
 prive him of education and of property, and place him by the side of any other 1 man on earth, and he would soon have | the property and his own fair share of 1 education. It is the intrinsic force and | intelligence within him that qualities l him. He is the ripened product of | thousRnds of years of good breeding and refinement, having to begin with | the highest and best qualities given to man. The white man of America has
 an ancestry which alone vouchsafes his 1 eminent fitness for the exercise of the | franchise. The meanest white man in
 the State is within the saving .clausae | for. at some time, he had a worthy sire; and his children will look hack, not to him alone, but to the great mass of their ancestry ,and from it. catch up | the inspiration and pride of their race, and move on to honorable and useful life. The white sons of America have l in their veins the celestial ichor of the | immortals, and their pride and worth cannot permanently die. Let's extend
 the temporary plan at least two years i longer.
 MT. Beddow-I desire to offer a short resolution.
 l Trho ,osoIu+iop uyaa raad as follows