Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-04-02
HOUSE OF REPRESENTATIVES,.

HOUSE OF REPRESENTATIVES,
WEDNESDAY, March "a, 1869.
Mr.. Stilley, from the Committee of the
Judiciary, reported favorably upon the bill
making the act of going masked, painted,
Or otherwise disguised, q felony.
The bill was placed upon the calendar.
BY Mr.. Malone A bill to define the
duties of the Superintendent of Public
poses. Ordered to be printedan referred
to the Judiciary Committee.
SPECIAL ORDER
Bill making the act of going masked,
painted, Or otherwise disguised, felony
Mr.. Downing said he offered the bill in
consequence of intelligence reaching the
city of outrages by persons going disguised
Or masked. He moved the previous ques.
ton on taking the vote.
Mr.. Rodnett, in explaining his vote, said
this attempt of man who had not drop
of North Carolina blood in his veins-that
it. was cowardly attempt, that this is a
proposition to make high felony under
the gag of the previous question. The
cause of the disturbance which originates
for an outrage upon yOung girl, "A years
ofage.
The House refused to sustain the call for
the previous question. Yeas 46, nays Al.
The question REQUIRED on the passage of
the bill on its second reading.
DR.. Durham said this was an attempt to
make crime without any charge of crinai-
nal i,atemt This bill attempts to punish for
a simple act. A man might playfully and
without wrong design be punished. If a
man disguises himself for the purpose of
crime he would go for inficting punish
ment-but the mere putting on mask is
no evidence of crime. If the bill required
that evidence should be left to the jury
with intent to commit crime it would be
less Objectionable. No lawyer ever heard
of such a proposition in country where
jury trials are respected.
Mr.. Ingram said many objections to the
bill existed.
Mr.. Malone offered the following amend
ment to section first:
"And any person who shall join any Sc
cret political organization in which preten-
ded oaths are administered.
Hrrris, of Wake, colored, advocated the
bill.
Mr.. Pou thought mob law was not iusti-
fable in any case, and that he did not JUS
tify the stirring up ill feelings between the
races. He knew several of these masked
parties who were white men, and members
of the Republican party. He was in favor
of making the mere fact of disguise, with
out any proof of intention, felony.
Mr.. Pou favored the striking out the
third section of the bill as it gave too
much power and might lead to abuses
it is suggestive of violence and blood
shed.
Mr.. Hodnett spoke at length against the
bill, especially the 5th section of the bill
as il would be u warrant to any man to
shoot and kill another on a mere grudge
or mistake of his own with impunity. He
wished no such extraordinary bills, and
hoped that quiet would prevail among the
people, and forget the past unhappy diff
ferences.
Morris, cojored, favored the bill; had de
termined to vote for the bill as soon as be
heard it read by tha Clerk
Mr.. Jarvis said he did not belong to any
secret organization, neither did he favor
crime committed under any pretext, but
here you propose to enact IL law, that /
! A finds B disguised, he shall shoot hin
down and be guilty of no offence. Thl
act has no precedent in judicial history
Is it not sufficient if a man blacks himsel
|
him punished by the Courts?
Mr.. French spoke in favor of the bill.
Mr.. Downing advocated tho bill as OF
fered, and said that in many portions o
the State these men cannot be punished
by Courts
Mr.. Malone opposed the bill. He though
that no man ought to be punished withou
evidence of guilty intent He thought tha
this discussion and attempt at Legislation
of this kind did much harm. It goes nea
the idea that great lawlessness pervade
the country-that the Courts are made
quate to punish violence. If tho Court
are inadequate it certainly would be IN
safe to give the power to punish into th
hands of individuals who might use thi
power for regenge-and might result i
bloodshed in every neighborhood of tn
State.
This whole movement originated in
ridiculous attempt to pander to letter wr
ters and partizan newspaper articles whlc
tend to infame and misrepresent the trl
condition of affairs. A few weeks ago "
passed joint resolution inviting immigrs
ton, and reciting that peace and Tranquil
ity existed in the State, I had hoped ths
no farther effort would be made to nadgny
these tabled statements of crime, and thf
, immigration would flow in the State kr
| if this body is to dignity every little nsisere
Bile report Of disturbance into g huge cic
sOar, then We may we'll despair of buildin
up the State. Foreigners will not come
our State where such lawlessness seems
, exist.
1 Mr.. Bowman spoke in favor of the bill
and said that if the Sd section could /
, amended so as to suit the House he woul
have no objection. He thought that if
. man was found disguised to commit GRIN