Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-03-31
The Ku kIux Bill.

most sADguiue friends anticipate.
The Ku-AIux Bill
We publish elsewhere tue full text of the
Ku-klux Bill introduced into Congress on
were telegrapl.ed yesterday While its
provisions are notifications of the cruel
ties end crimes of Buffers Bill, still its
passage will be fatal to the peace and wei
fare of the South, and will reopen troubles
and eniender bad blood which it is better
for whites and blacks, Conservatives and
Radicals, for the South and the whole
country, should be permitted TO slumber.
1t looks very much as if the ais, de-
feated at the polls, desired to appeal to
arms 10 establish their supremacy in this
section. The effect will be to Stir up strife
for mutual protection to arouse reju-
dices between the races to stife indus
try ; to promote partisan bitterness. -
These mad revolntionists, who care not
for the welfare of the country, but seek
only political supremacy. viii sacrifice the
white and colorcd population # the South
willingly to carry GU: their wicked
schemes.
While Buffers infamous bill was pend
| ing, and this is as wicked in spirit, and
almost as criminal in terms, the New
York EUening Post, one of the most influen-
tial journals of the Republican party, de-
nounced it in the following significant
manner:
! A long list of offences against the United
States is created by the BILL clsssed as INSIDE
meanors, high misdemeanors, felonies and CAPT.
tai felonies; thus to be found on the public high
way, or near house, even "unsrmad" and
''alone,' Or with Others ''wi.h intent to ter
rify" all persons, $50 as to hindrr them from
the peaceful enjoyment OF their legal rights" is
q high misdemeanor in the day time aid
felony at night and the facts of a disguise or
of "a concert with Others" for whatever purpose
is made prfDla Jacie evidence of ''the guilty in
tent" pedler found on Ohristmas eve dressed
as Kriss Kingle on the road, ia thus made liable
to fine of not less than $1,000 and imprison-
mens for not less than FIVE years.
Why not re-ensct the old norman curfew law
at once?
II any person shall be one of a crowd at
night, however large, and " whatever part may
have been taken by EACH" which Shall contain
any person who shall threaten to assault apy
person, each and every member Of the crowd
shall be guilty of felony, and punishable in the
same way. But if any member of the crowd shall
commit any act by which msn is killed or
dwelling house burned, then each and CIV cry me III
Der of it shall be guilty of capital felony and
/" shall be hanged by the neck until he is dead >
The latos Of Drdco, ,cU be seen, neUc, dp-
DFOOChP6 HLiS nrar
proposed to kill any person rot guilty Of any
offence. or to MAX constructive guilt out of cir
cunstances which Ill ght easily be consistent with
Innocence. Many OF The crimes set down in this
till would be the natural consequence of peace
able citizens effort 10 keep tbs peace, and to
protect himself or his neighbours from trouble
The attempt to enforce such a la,c as Mis aoould
make Mecico Of our country at once.
But the fundamental objection to the bill is IN,
dependant OF the cruelty OF its penalties, of it's
loose and indisclimnate definitions OF crime, and
of the boundess and irresistible power for perse-
cution it puts into the hands OF few hundreds
of men, and is more decisive against 1t even than
these. The bill could repeal the Constitution of
The United States, and reUolutiOnize our aoloEe
system Of government.
In lhe first place, it is piece Of special legisla-
ton, suSjecting eleven States to q system OF
criminal jurisdiction entirely different from any
that exists or would be tolerated in the other
States. 1t makes that q crime in South Carolina
which is no crime in New York. 1t makes certain
offences punishable by different tribuu al. and
with incomparably greater severity in louisiana
than in Massachusetts. Congress has no more
poDer to do this than it has TO make different
SETS OF customs or td; laos for different States
But again, the whole subject is:one over which
Congress has no Jurisdiction. THERE'S not O.
Tine IN the Constitution to authorize the General
Government to maintain ctua order in the States.
The State authorities may. indeed, call on the
President to aid them in suppressing insurrec.
ton. But when he gives this aid, he acts simply
rs an auxiliary TO the municipal Executive. and
in support of the municipal laws. The Supreme
Court Of the United States has maintained this
limit of national authority from the beginning.
Il says: All those powers which relate to merely
Legislation. or which may properly be
called internal police, are not surrendered (by
The 6tstesJ or restrained. and consequently, in
relation to these, the authority of State is COM
plete, unqualified, and exclusive" III. Peters
Reports. 102.)
IF such an act tcere passed, tending 10 inter
fere tcih ciuH order, TO disturb The authorities
IF The peace, establishing commissioners" in
'oery county seho forest his prisoners from the
Sheriff and stop his process, sOhdt sOould be the
lstty Of he State offcers' PLAINLY TO RESIST