Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-12-24
From the Raleigh Sentinel
PR OGEEDlNG ) OF THE l. LEGISLATURE
SENATE.

of which no notice had been given. After
some discussion the motion prevailed.
AN ACT TO SECURE THE BETTER PROTECTION
OF LIFE AND PROPERTY.
The General Assembly of North Carolina do
enact, That the Governor is hereby authorized
and empowered whenever in his Judgment the
civil authorities in any county unable to pro-
tect it's citizens in the enjoyment of life and pro-
perty to declare such counties in state of in
surrection and to call into active service the
militia of the State to such an extent as may be-
| csme necessary TO Tepress such instruction.
Sec 2 That the Governor is hereby authorized
and empowered to request the President of the
United States to suspend the writ of habeas
| corpus in any county or counties declared under
authority Of this act to be in state of insur-
rection. and to afford such assistance ss in his
| Judgment may be necessary to enforce obedience
| to law.
Sec g. That upon motion OF the Solicitor of
District it shall be the duty Of the Judge thereof
to remove the trial of any person indicted for
murder, conspiracy, and in violation of an act
ratified the 18th day of April, 1869, from the
county where such o1fense may have been COM
mitted to such other county as the Solicitor may
designate.
| Fec 4. That the expenses attending the call
| ing of the militia into active service &s herein
provided shall be paid by the Treasurer Of the
State upon the warrant Of the Governor and it
shall be the duty of the Commissioners of the
county declared to be in a state of instruction
and where such service rendered to REIN
burse witein one year the Treasurer of the State
the expenses thus paid; Provided, That when
ever person or persons shall have been con-
Viced OF e violation of the act mentioned in Sec
ton three OF the act said expe of the militia
| shall be taxed on the bill Of costs against the
person or persons convicted, and when collected
the shall be paid into the Treasury Of such
county.
Sec. s. That all laws or Clauses of laws in con-
tlict with this act are eleby repealed.
Sec. This act shall Gc in force from and after
its ratification.
Mr.. Shoffner moved a suspension of the
rules in order to put the bill on its second
reading.
Mr.. Graham raised the point, that as the
10th section of the Constitution, legisla-
tive department, provides that no bill
making appropriation can pass but one
reading on the same day i'll either house,
the motion to put the bill on its second
reading was ont of order, as it had already
been read once, and it contained a provi-
sion to raise tax.
The Chair decided the point not we'll
taken.
Mr.. G. appealed from the decision of
the Chair, and the Chair was sustained.
The motion to suspend the rules pre-
vailed, and the bill was read second
time.
Mr. Robbins obtained the floor, and
said:
This is a bill, Mr.. President, of such an
extraordinary character, that it is difficult
to discuss it with calmness. An ardent
admirer Of the safeguards with which
Anglo Saxon wisdom has fenced in the in
oividual liberty OF the citizen against the
encroachments of tyrannical power, feel
my soul profoundly moved by this propo-
sition to place the rights of every citizen
Of this State at the mercy of one man.
It is unnecessary for me to say that am
not sympathizer with those who violate
law. My voice and influence shall ever be
given in favor of upholding the law-rob-
bers, murderers, barn burners, ravishers,
[ denounce them all as outlaws, deserving
arrest and punishment. If the object and
effect of his bill could be to accomplish
this desperate end in wise and iudicious
manner, I should not oppose, but support
Ii most heartily.
But this bill will do nothing of that
kind. Senators declare that outrages are
committed; but when [ demand who are
the guilty outlaws, no answer is given. All
the crimes are recently perpetrated, and |
the criminals are unknown. Then, Mr.. !
President, to arrest and punish these often |
ders, it is Argus, and not BriareuS, that
we Deed-eyes, not arms, are required |
No Senator will say that anywhere in this !
State there is any open Or forcible resis- |
lance to the civil authority. There is nc |
instruction or rebellion making head and |
defying the law. There is no criminal in |
any county whom the Sheriff and his posse
cannot arrest. Why then propose to send
out military force against invisible and |
enemies Find out the crimi- |
nals-mark them, designate them-and |
then it will be easy to arrest and bring
them before the regular tribunals, wifi
power already at command. Then see
hot Ind olr I, 10
partially, and then peace will everywhere
smile on our land.
This bill clothes your Governor with the
at his sole option, to declare
any county IN State of siege and under
martial law. 1t gives him the whole mill
tary of the State to enforce such edict.
It places the entire Treasury az his COM
mand to pay his soldiers. What more than
this does it take to create military dicta-
torship? If these things can be done,
why do we deceive ourselves by calling
ours free government? What power has
the Kaiser or the Gar which you do not
give your Governor by this bill You say
the power will not be abused or used with
out necessity? Who knows that ? And
were it even certain, does it accord with
the spirit of American institutions to en-
trust our liberties to any one man-the
best man living?
Whittier has fled the old time jealousy
of tyrants and pride of independence that
used to animate American breasts Do I
stand among freemen Nay, I stand in
parliament that seems ready
to do the bidding OF despot. I warn
you, Senators, that the way you are tread
ing leads to liberty's loss.
This bill also authorizes steps to be taken
for the suspension of the RabedS Corpus.
Sacred privilege, bought by the blood of
noble ancestry, and will you strike it down
because now and then some fiendish viola
tor of female virtue meets his just doom at
the hands of woman's avengers
You also propose to authorize any solicit
tor at his pleasure to remove the trial of
any prisoner from his own county to any
other county in the State, however distant.
jury of his peers, taken from his vicin-
age, is not to be allowed. And thus you
strike down another sacred guarantee of
Anglo Saxon law, old as the days of Al
fred. Select your county, pack your jury,
seat your Jeffries on the bench, and then
we shall gloriously repeat the ''bloody
which desolated the South of Eng
land after Sedgemoor; while here at the