Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-04-26
THE WILMINGTON JOURNAL.
WILMINGTON, n. c., APRIL 81, 1866.
Rur Criminal Code.

Our Criminal Code.
Not MANY wears since, the summary and ettec-
tive manner in which criminals were punished III
North Carolina, was the fruitful theme OF com
mendation by the newspapers OF the country ana
wa recollect especially, that the New York City
papers, without exception, both by editorials and
through correspondents, were most elaborate III
their praise of system OF dealing with male
factors, as compared with their own Their pen
;tentiaries and houses of correction, were pro-
nounced schools for the education OF criminals
to be scattered over the State and throughout the
country, in monthly installments, by means OF Tx
ecutiye pardons and expiration of sentences
Rnt in these modern days of American clVlhza-
ton and refinement, this primitive and enlcclous
system of punishments which is IN accordance with
the Common Law of Englandi is pronounced relic
of barbarism. Now, we must confess decided pre-
ference to this relic, and believe that man VINO
commits murder should be hung, and If convicted
of stealing should be whipped. Nay, we have the
temeritv to think this should be done, even II the
offender be q black And just here, we
suspect is where the shoe plnches. hanging
branding and whipping regarded as very
proper and most efficient modes of dealing with
offenders when the white men were the equaI9,
and possibly in some localities the superlofs Oh
the negro But now that earnest effort IS pc
ing made to render the negro in every thing the
equal. and in many respects, the superior OF the
whites these punishments, because miserable
thief who happens to receive his just deserts, is
negro are pronounced relics OF barbarlSm, OF
which American civilization should be purged,
bv such high-toned and immaculate paragonS OF
onr necnliar American civilization as FOrney and
other Radical editors.
DIR. Forneys paper, the Washington Chronicle,
lust after the final passage of the Civil Rights BILL
advised the States as the surest manner OF pre-
venting any conflict between National and State
authorities under the extraordinary provisions of
the bill. to repeal all laws and clauses of laws,
coming in conflict Herewith. SO we might with
equal force, and with the same certainty of a IA
vorable result advise our Legislature, if they de-
sire to preserve the s-atls Of our criminal code,
to make it apply only to white persons, and it
would no longer be the source of National trouble
or the eloquent theme of especial" and reliable
letter writer's Our criminal code would sink
again into its proper sphere and be referred to
only in terms of approval and remain, as 1t Tor
merly was, protection to good citizens, and a
terror to (white) evil doors.
But Jest aside. We cannot afford to court the
good will and charity of the Radicals at the OK
pense of our Criminal Code. If, as suggested by
a contemporary, poverty prevents lis from erect
ing penitentiary and warehouses;, SO far us the
protection of life and property is concerned, it is
not much to be regretted. For with the abolition
of hanging, branding and whipping, and the sub
stitution in lieu thereof, of imprisonment for Il
term of years, we might expect the present satur
MALTA of crime, fostered by the decentralization of
the war, to continue, al iufnitt2, and crimi-
nal courts as we'll filled as those of the North, and
Police Gazzettes, illustrated with the photographs
of noted criminals, with the scenes of their most
recent exploits and the mangled bodies of therlfo
less victims, become tre-side companion in
North Carolina homes.
Our system of puniShments may subject us to
uncharitable and injurious imputations, under the
present fanatical 7a1ime We should not care for
the good opinion of those who hold the negro
above the reach of punishment, but we should
have regard to the peace and welfare of society,
so as to subject all offenders, white or black, to
summary and effective correction. We concur
with the &o1'0a1'd in saying that - Our laws SO
long as they are in accordance with the Constitu-
ton, and so long as they bear equally in their
punishments on the white and black, do not con-
Germ citizens of other States
With the single exception of the ill-advised and
injudicious interference in this city, interior
ence we have reason to beliye, now regretted by
the officers of the Bureau, negroes wellas whites
when convicted of larcency, have been properly
whipped andwe trust the day far distant when the
administration of justice shall be again interrupted
by the military authority Of the Government
The last proclamation of the President has made
the military subordinate to the civil authority,
and we trust, neither the color of the offender the
desire to obtain the favorable opinion of fanatics
nor the terrors of unconstitutional cnactmcnts of
Congress, shall swerve our Judiciary from the con-
scientious discharge of their duties.
The Next Congress.