The Birmingham age-herald., 1913-05-01

| 1874. 1t was in audacity equal to the
occasion when Senator Rufus W. Cobb
of Shelby rose at his place to move the
senate to take up his motion. made in
| the last legislature, to reconsider the
| vote by which Martin, democrat from
the Butler and Conecuh district was
ousted in favor of the youthful carpet
dagger, William Miller, with the result
that Martin was restored and the young
lcarpetbagger relegated to normal OBJ
security. The election riots at Mobile
and sEufaula and Old Spring Hill and
in Sumter county were logical 1nrer-
pretations of the spirit of self-redemp-
ton. They belonged to the scheme, In
troduced at various times by the re-
publican party, under its different
names for 80 years prior with intent to
reduce the south to a negro ruled pro-
vince.
| The senate appointed a committee
| with Senator Peter Hamilton of Mobile,
a great lawyer as chairman, and the
| lhouse appointed a cooperating commit
| tee with Representative II. Purcell of
Henry county as chairman to report on
| the advisability of calling a constitu-
tional convention. December and Janu-
airy were spent by the committees in
deliberation and on February 2, 1875,
they reported in one form to the presi-
house in favor of submitting the ques-
tion OF convention or no convention to
the voters at the polls.
Both houses adopted the lengthy en-
labling act which accompanied the re-
ports. 1t was the first experience of
the state in that kind of legislation.
This enabling act distinctly presented
! the claim of the legislation to limit the
tprerogative of "the people in conven
ton assembled" The theory apparent
was. the constitution then in force
having created a Legislature limited in
its powers to the provisos written in
the constitution contemplated this much
more, namely. that the Legislature
might limit the powers of the people
in convention assembled" when new
constitution was to be made by that
convention.
| 1t may not be malapropos here to
recall, that the first constitution of the
state, that of 1919, was framed by
convention under the enabling act of
Congress justified in all its prescrip-
tions of organization and procedure by
1.-THE relation of the territory to the
federal government The constitution
of 1919 omitted all provision for con-
shtutional convention. No act was ever
passed by the legislature enabling the
people to call constitutional conven-
ition under that constitution. The Leg
1islature, however. submitted amend
ments in 1890, 1896 1S46 and 1850 to
the ballot box. The verdict of the bal
| lot, box was favorable but the vote so
cast had to be submitted to the next
| legislature in order for ratification.
Thus it was the legislature that ini-
tiated the amendment and the legisla-
ture that determined the validity of the
preceding affirmation of the polls.
| The constitution of 1912 then In
force, and the amendments. did not
authorize the Legislature to call con-
Istitutional convention. The convention
! that assembled January 8, 1861, was not
summoned to amend or make a consti-
tuition. or for any purpose specifically
prescribed in the enabling act. 1t was
called by joint resolution of the Leg
islature on February 81, 1885, subject
! to the contingency named. 1t Ssas to
be sovereign convention of representa-
tives OF the people, ito consider, de-
termine and do whatever in the opinion
of said convention. the rights, inter-
ests and honor Of the state of Alabama
requires to be done for their protection"
The ordinance of secession and q new
constitution were the things DONE
! Neither the ordinance of secession
nor the constitution adopted by the
the people. The constitution of 1861,
like that of 1919, which it displaced,
failed to make special provision for a
constitutional convention. The rule of
1872 for amendments by the legislature
twas repealed in 1851.
When news went out that the legis-