The Montgomery advertiser., 1903-06-20

not as individual acts. It is called peon- age. and its existence is announced as a startling crime against humanity, and in violation of the thirteenth amendment to the federal constitution.
 Obedience to the law, Is the highest degree of patriotism. Personal libe .ty is cherished by every Alabamian, and in it's maintenance, the horrors of war arose, and wrought destruction everywhere. A few yet remain to tell how their comrades died upon the fled, the sufferings they endured. the sacrifices they made, the black pail of bankruptcy and desoiation following as a wake, all for the sake of personal liberty, as they conceived it. This spirit lives in the present generation, and we are slow to accept any statement of an existing vassalage.
 New Mexican System.
 'In New Mexico, 1t was formerly per- missib!e, for an inhabitant to pledge his time and labor, as security for the ful- fillment of an obligation whereby he was furnished with llfe's sustenance It was a voluntary contract. Through its terms, the person was provided with the means of living, and as the burden of debt in- creased, the tenure of contract continued man of wealth. providing for a large number of the poorer class, soon found that he had a retinue of peons following his command, and the odium of the custom. arose from the abuse of the con- tractual relation. In the case of Mariana Jaremelo vs. Jose De Le Cruz Romero, I Gildersleeves (New Mexico) Reports, Judge Benedict presents a learned state ment of the system.
 The thirteenth amendment was declar- ed ratified December IS. 1885 thereby abolishing slavery in the United States. The practice prevailing in the Territory of New Mexico. was brought to the attention of Congress and on the 2nd day of March, 1867. Section 1890 of the Revised Statutes was enacted abolishing the system. which only existed in New Mexico. The fact, that it was made to apply to every State and Territory, was to make of the statute. a general law. This Is manifest from the reading of the following section, In con nection with Section 1901, providing that every person in the military or civil ser vice, in the Territory of New Mexico shall aid in the enforcement of the statute. This requirement. of aid, Is limited. by It's terms, to New Mexico.
 Ripe for Discovery.
 Political disorders discover readily every movement, which may be the sub ject of disapproval. The occasion was ripe for this discovery, when the consti- tuition of 1901, became operative, practi- cally eliminating the negro from the poli- tical arena. The statute. known as the criminal contract law, approved March G. 1901 has been interpreted to mean kin ship to New Mexico peonage. A system of surveillance has been established en- tailins heavy moneyed exp ,nditurc. The result Is, that it is claimed that the Ala bama statute Is unconstit itional, and, therefore, parties operating under it. are indictable under Section 5526 of the Re- vised Statutes. providing punishment for the practice of peonage.
 "The intent of the act of 1901, Is clear to every one acquainted with the tenant system. As rule, altogether irrespon- sib!e, de we find the tenant, and depen- dent upon the landlord for maintenance pending the growing crop. The landlord, furnishing supplies, we must admit, is en- titled to protection against the improvi- dent tenant. who abandons the crop. Unless there is some restraining power, the crop is uncultivated, and the landlord loses the value of his supplies. No ques- ton would arise, as to the validity of statute, providing for punishment of those who procured supplies from the landlord with intent to defraud. The dif- ficulty of showing this intent. independent of the act of abandonment, is apparent. If the criminal intent Is not affirmatively shown. such a statute would not be violated. The loss to the landlord, is irreparable, and ruin confronts him, Gn- less he can protect himself against tho pcrIidy or oareiessness of the tenn De- pendent as he is upon the landlord, is there any sound reason, why the tenant should not be required to perform his contract? Under d proper adI 'inistra- ton of such laws. no confii ct should arise.
 r, Abuse of the Law.
 ''rhe abuse of the law. however, should not he tolera ted, and under no conditions should 1t serve as cloak of oppression. If the Federal Statute is violated, in the exercise of the rights and duties anthoriz- ed and imposed by the State statute, an internecine strife Is immediately launched.
 If the Sta @ statute is unconstitutional is the landlord subject to prosecution under the Federal statute? The question may be answered. by inquiring whether the act done. under the State statute, is condemned under the terms of the Feder- al statute. It would seem that the Federal statute is not violated. unless the terms of the State statute have been abused, by exercising a mastery not therein pro- vided. Peonage in its technical sense. and proper application, Is not prohibited by the Thirteenth Amendment, relating as 1t does only to slavery and involuntary servltude. To this extent, the Federal statute Is unconstitutional, as unwar- ranted by the fundamental law.
 Tt Is suggested, that a method of pro- lection be afforded the landlord other than by statutes. which provoke dissen- sion. and bring Into captious review the honor and loyalty of our people,
 Alabama Legislation.
 Discussing Alabama legislation and the present body of lawmakers Mir. Cooper said:
 'The demand for a new organic law arises from the desire to obviate objec- uonable provisions of the existing instru- ment, and create other features which are deemed necessary under changed condi- ttons Such were the influences actuat- ing the adoption Of the Constitution of 1901. It Is not within my province to re- view the present Constitution. nor would the limits of my remarks justify a dis cussion of 1t.
 "The sessions of the Legislature follow ing the adoption of a Constitution Is al ways important. Many measures in the Constitution are not self-executing. and life must he breathed into them through the medium of the Legislature. The pro- cedure of certain provisions has no place in the fundamental law and can only be defined by legislative act The method of Accomplishing such results requires skill in the highest degree and demands the best talent. Necessarily do we encounter opinions materially at variance in the final settlement of such questions. The Legislature of 1908 has a membership equal to the emergencies and while ac- ton has been apparently slow. and un- eventful. this Is attributable to the wis., dom of care-taking. and the caution of