The Pensacola journal., 1907-05-04
Thinks It An Extremely
Dangerous Thing For
The State.
REAL EFFECT WILL
BE MULTIPLICATION
Rights OF Negro More Than
Once Affirmed by the
Supreme Court.
FlORlDA'S SENIOR SENATOR
HOPES THAT HOUSE WILL NOT
FOLLOW ACTION OF UPPER
BRANCH, BUT WILL VOTE
AGAINST THE RESOLUTION.

The Beard amendments to the Flor.
| ida state constitution, disfranchisinG
| the negro, which passed the state sen
ate some days ago and which is now
before the house. has been widely dis
cussed all over the state, but no
where has it been treated more CX-
lhaustively than il is in the following
interview which The Journal has Sc
cured from Senator S. II. Mallory on
the subject.
Senator Mallory was seen by Il
Journal representative at his Office in
the Brent building and when asked
for an interview readily aSSented-
A Serious Mistake.
In my judgment" said Senator
Mallory, the passage through the
state senate, by the requisite ma
jority, the proposed suffrage amend
ment 10 our constitution was seri-
Gus mistake, and | earnestly hops
that the house of representatives viii
refuse to concur in the sCnate's ac-
ton.
Few southern men will deny that
the 14th and 18th amendments 10 tho
Constitution of the United States are
sources of very grave political and eco
npmiC problems which menace the Sc
curity Of our Institutions and the vel
fare of our people, and | agree with
those who believe that the methods
BY which those amendments were in
corporated into the Constitution of
the United States cannot be sustained
by any process of logic.
THE safety Of the Republic ana
the preservation Of our dearest inter
ests from the baleful effects OF those
amendments is 4 question of supreme
moment to all of us, and its proper
solution is worthy the best efforts OF
every man among us. But ] must con-
fcsS that the Senate's recent action
gives no promise To my understand
ing of any such solution and, in my
Judgment, if confirmed by the house
of representatives and ratified by the
voters OF the state, it can lead only
TO disappointment, confusion and last
ing injury to the state.
The senate's proposition Is To SO
change our existing state constitution
as to exclude the negro, and other
persons not white. from the right 10
vote in Florida. because of their race
or color.
Article Is of the Constitution of
the United States G5th amendment
is in the following language, VIZ:
1.-The right of citizens OF the United
states TO NOic Sndll llDL ne utAlCi VI
abridged by the United States, or by
any state, on account of race. color or
previous condition of servitude- The
congress shall have power 10 enforce
this article by appropriate legislation.
"On March 30, 1870, the Secretary
Of State of the United States declared
BY proclamation that this amendment
had been ratified by twenty nine Of
the thiTty-seven states. whereby IL
WAS declared Il aart Of the COnstitU-
tion Of the United States and since
that date. it has been so held
and treated by the cOnSts throughout
the land. including the supreme court
of the United States. and every de-
.partment of government. state and
federal.
Whatever NAV he our individual
views as to the unconstitutional
methods by which the 14th and 18th
amendments were added to the Con
sritution of the United States. it can
not be denied that they are, in fact,
mart OF that constitution to-day
THE effect. therefore. Of the SEN
ate-s proposition. if carried 10 its con-
cIusioD. will be TO put the state and
Tho people Of Florida in the attitude
of sOlemnIy and deliberately abrogat-
ing and nullifyinG an article Of the
Constitution Of the United STATES. -
have the state say TO the United
States that though your constitution
is the paramount law Of the land,
which all of my people are bound 10
support. protect and defend. and
which YOU are bound to uphold and
vindicate, by all the power your gov
ornmenr can command. Florida never
tbeIess docs not acknowledge this par
ticular inhibition Of that instrument
and will therefore aGnul II.
1T will be observed that the pro-
Dosed amendment is in no sense
enuivocal or of doubtful meaning or
.inten. L represents no question calling
for Interpretation. or construction by
the courts. but Is unequivOcal- direct
and positive in its nesatiOn Of any re-
straint imposed on the state BY the
18th amenment. and presents the sim
pie and single issue-whether the IN
hibition embodied in that amendment