The Birmingham age-herald., 1912-08-24

Buckley, from several states north ar rived as chaplain of a negro regiment, from Montgomery; his brother w. M. Buckley, from New York, held his seat as from Lowndes; Burdiclf from Ohio, rampant; Pierce Burton of Massachusetts and western state, was nephew of Capt. c. w. Pierce, commanding the bureau at Demopolis and now candidate for Con gress; Griffin of Ohio, newspaper editor from Mobile; Rolfe. carriage painter from New York, distinguished in his class of delegates as the owner of two shirts at one and the same time. Rolfe omitted to attach his signature to the constitution because he was too drunk There was B. w Norris of Maine, R. M. Reynolds of Iowa. Ben Gordy, unknown; R. M. John son was permitted to represent a district, including Henry county, but he lived in Montgomery. The ''head devil of the Loyal league" Keller of Pennsylvania, was force on the floor Gen. Datus E. Coon of Iowa had become cotton plant CT in Dallas, and now helped the conven- tion on It's course. He had fought For rest The delegate from the district, in- cludng Covington, W. R. Jones, had been reported "barbarously murdered by reb- els" but sat we'll in his seat
 Some citizens of recognized character and ability held seats. B. F. Saffold was a son of one of the most distinguished of lllt carry JuIiSlS OI Ille SIdle. b6nJd1nl0 F. Whelan of Greensboro was a lawyer Of merit and an elector on the Douglas ticket of 1860. Maj. H. c. Semple had "a seat. Joseph H. Speed had a seat. [Flem- ings Civil War, etc.[
 The people lived under the constitution now forced upon them by the sword tor eight years. Its provisions, peculiar to the source of origin, need not be discussed here. An analytical study of the events of the times will discover a remarkable habit of the fragment of Congress, by whose authority the Alabama convention existed and enacted to do most imper- feet and important work, work that was bunglng, contradictory and migatory of the object aimed at. We. shall see this characteristic fully developed in the at tempt made by the fourteenth article of amendment to elevate the negro into the status of equality with the whites.
 The convention, or the more intelligent members, had discovered the mares nest in the reconstruction legislation. This legislation required that the new con stitution of Alabama should be submitted to the registered voters. The instrument would go into effect only after a ma jority of registered voters should have cast their affirmative ballots at a pros- peetive general election.
 This condition precedent to the adop- tion of the constitution was intended to make adoption sure. The law operated the other way. The more intelligent mem- bers at once saw the paradox and at tempted to relieve the situation. com mittee of 13 on the elective franchise re- ported a proviso that every registered voter should cast his ballot flor or against" the constitution. aF'iling in this, the registered voter should be for ever disfranchised. The reason was plain. The registered whites by refusing to cast A ing nay on the adoption of the con stitution. All registered blacks who were kept away from the polls by sickness or lameness, or nattention, or by the polite interference of white employers, would be counted as against adoption.
 Two reports, one the majority and the other the minority came from the com mittee of 1S on the elective franchise. Messrs. Albert Griffin of Illinois, John C. Keffer of Ohio B. W. Norris of Maine and Joseph H Davis, a surgeon of the United States army, brought in the majority re- port. This part of the committee recom- mended that registration and the act of voting should be irrevoeably coupled to- gether. That is to say, he who registered must go to the polls and vote or be ever thereafter disfranchised. The Congress had enacted first that one-half the regis tered vote must be cast for or against the constitution ataa general election in the future and that majority of tbat half would adopt or reject the instrument, but Congress was not going Ito sickle for an exact compliance with its wishes;" Congress might be depended on to put this constitution of Alabama in full force and effect under any or all contingencies. The gentlemen from abroad. visiting the state for obvious reasons of temporary convenience, and enormous profit, incor- uorated in their majority report the form of an oath to be taken by each voter. This oath required the voter to admit the proposition of the civil and political equality of all men" Having taken the oath, he must vote for or against the constitution when it shall be submitted for ratification.
 The proposed method was necessary, the majority report averred because many loyal voters were under the dominion of bad men, to incur whose i'll will would be disastrous. The minority rebels con trolled the lands and possessed a monopoly of the wealth They had been blessed with almost universal amnesty and should be content. They had fought for years to overthrow the most sublimely beneficient government on earth, and were now uuib- bling over a proffered oblivion of their crime. If they would not be adjudged as contumacious and undeservlng of for giveness.' then let them toe the mark and be done with allNheir impudence,
 The scalawag element fired up. Speed from Perry brought in a minority report and spoke bitterly against the carpet baggers' attempt to take more than had already been allowed to them. The pres ident, Judge Peck, came upon the floor and argued at length against the minority report. Some of the negroes favored the scalawag view and spoke their minds freely in convention.
 The majority report failed of ncorpora- ton in the body of the constitution. The constitution prescribed a vote for appli- eants for registration. I voted and was manager of election at my box. I have no recollection, in remotest degree of ever having been required to take any oath at the polls, or that l ever saw any oath of-
 fered to voter. Article of the consti- tuition as perfected disqualified to vote in Alamaha any person to be tsic) disqual-
 fled by '.the proposed fourteenth article of amendment of the constitution of the United States,''
 JOHN WITHERSPoON DUBOSE.