Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-01-21
HOUSE OF REPRESENTATIVES,
FRIDAY, Jan. ID. 1870
RESOLUTIONS AND pILT.s.

AAS O1A' IL loIb
RESOLUTIONS AND Bills.
BY Mr.. Mcmillan A bill 70 amend the
act to provide for holding special terms Of
the Superior Court. Referred.
By the same A bill to authorize tba
Commissioners of Duplin to lew n special
tax. Lies over
by tne same A bill to amend the net
concerning inspectors of the city of vii,
mington. Referred.
On motion of Mr. Mcmillan, the rules
were suspended and the bill in regard 10
taking fish from tho Northeast branch Of
the Cape Fear river was taken M and
passed its several readings.
SPECIAL ORDER.
The bill to secure the better protection
of life and property.
Mr.. Seymour called for Il reading OF the
bill. Dill on it's third reading).
The bill being read, Mr. Gunter oh.
tanned the floor and moved to lay it on the
table.
The yeas and nays being called upon
the motion resulted in the following ballot:
YEAs-Messrs. Argo, Armstrong, Boddie Gan q.
der, Clayton, Davis, Davidson, Durham, Ellis
FarrOw, Ferebee, Calling, Gibson. Green, Gum
ter, Harris of Franklin, Hicks, High. Hinnant
son, Mcmillan, Mendenhall, Moore of Alamance
NichoIE on. Painter, Profit, Ragland, Robinson
Shaver, Siegrist, Smith Of Wayne bnipes
Thompson, Whitley and Williams OF Harnott--
NAYs-Mr. Speaker, Mossrs Ames, Asllworth.
Banner, Barnett, Barnes, Blair, Bowman, Carson
Cawthorn, Crawford, Dixon, Downing, Eagles
Forkner. Foster, Franklin, GahRgan, Harris Of
Wake, Hodgin, Hoffman, Hudgings, Ingram jus
tice Of rutherford, Kelly of Moore. Kinney, Lea
ry, Long of Chatham: Long Of Richrnond, Mayo
McCanless, Moring, Moore Of Chowan, Merrill
Morris, Peason, Pou, Price, Proctor, Renfrow,
Robbins, Reynolds, Seymour, Smith of Martin,
Stanton, Stevens, Sweat, Sykes, Vestal, Vest
WaIrop, White and Wilson-54.
Mr.. Seymour took the floor, and gave
the reasons why he supported the bill, re
peating in substance the arguments he
used when the bill was put before the
House.
He charged that there were many por-
tons of the State where the laws were not
and could not be enforced; and men of
position and influence countenanced this
violence, and sought to shelter those who
were guilty Of outrages and violent infrac-
tons of the law.
Mr.. s. then proceeded to detail several
outrages, and said organized bands intimi-
dated of1icersgof tho law and witnesses, and
declared that murder arson and rapine
were rampant in certain sections. lie
claimed that the principals Of the bill went
back to the first stages OF English Com
mon law. and it gave no power that was
not given in the time of war.
In regard to the second section, which
has reference to the writ of haLeds corpus,
he would say nothing, for the reason that
he designed Offering an amendment strik-
ing it out.
In reference to the third section, which
he regarded as the most important, he
took the ground that in a trial, for instance
in j 0nes county, for an outrage; that jury
IN, ho1
be obtained who were not biased one way
or the other; therefore he thought the So
lictors should have the power given them
by the section.
He charged that there was party or
ganized in this State whose settled pur-
pose it was to overthrow the Republican
party by illegal means, and to that end
had assembled around them outlaws, debt
ors and Disconnected spirits adopting the
motto that the lend iustifes the means. q"
He concluded by moving to strike out
the second section.
Mr.. Ingram announced his determine
ton to support the bill In remarks of some
length. He repeated, substantially, the
charges brought by Mr.: Seymour.
He proceeded to show tho insufficient
manner in which the laws were executed
in his county by detailing how the Grand
Jury of Arson county failed to perform
its duty on numerous occasions.
Mr.. Seymour's amendment was put to
vote and adopted.
Mr.. Malone moved to strike out in Soc
ton LIST the provisions which empower the
Governor to declare q county in state OF
instruction.
Mr.. Malone then made an elaborate legal
argument against the conshtutionality Of
the bill under Discussion. He deprecated
Al IL I, A1,r tlnrn or,
who preceded him (Messrs. Ingram and
SEYMOUR to array the colored man against
the white and contrasted the spirit of the
speeches of Conservatives to those of the
Republicans, who made it point to appeal
to the worst passions of human nature. dc
charged that the language and spirit oil
this bill was to override, nullify and do
away with section "a of the Bill of Rights
which declares that in time of peace the
military should be kept in strict subordina-
ton to the civil power. He did not think
there was single man here would assert
that war existed in the State, and yet we
have proposition, in time OF profound
peace to tear down the temple OF justice
and erect what may we'll be termed mill
tary despotism. Mr.. Nj. then declared that
any man who stated that the Conservative
party were responsible for what is called
"Ku Klux" outrages, or endorsed violence
and rapine was either fool or designing
liar. He challenged any gentleman to clte
a single instance where opposition h ,
been made to the execution OF tne
law by the proper officers in any county
in the State.
He charged that the bill was Islander
upon the people of the State and did them
cruel injustice for no ono could say ln9
execution of the law had been resisted, ana
in truth, quiet and peace reigned WILL WILL
her borders as much as in any other o'A'0
in the Union.
Mr.. Malone concluded by denonnclns
the whole as an infamous party measuio
gotten up merely to have an effect uPon
the next election by getting up ieehns
between the black and white man.
On motion, the House then adJourhe'
SENATE.
.. SATURDAY, Jan. 10, 1870. :,
MIR. Robbins presented the credent. .he
of ]. nj. Whitesides, Senator elect from .no