"6668. If any person or persons, masked or in disguise, shall prowl,
or travel, or ride, or walk through the country or towns of this
State, to the disturbance of the peace, or to the alarming of the
citizens of any portion of this State, on conviction thereof (they)
shall be fined not less than one hundred dollars nor more than five
hundred dollars, and imprisoned in the county jail of the county
wherein convicted, at the discretion of the jury trying the case.
"6669. If any person or persons, disguised or in mask, by day or by
night, shall enter upon the premises of another, or demand entrance
or admission into the house or inclosure of any citizen of this
State, it shall be considered _prima facie_ that his or her intention
is to commit a felony, and such demand shall be deemed an assault
with an intent to commit a felony, and the person or persons so
offending, shall, upon conviction, be punished by imprisonment in the
penitentiary not less than ten years nor more than twenty years.
"6670. If any person or persons, so prowling, traveling, riding, or
walking through the towns or country of this State, masked or in
disguise, shall or may assault another with a deadly weapon, he or
they shall be deemed guilty of an assault with intent to commit
murder in the first degree, and, on conviction thereof, shall suffer
death by hanging; provided that the jury trying the case may
substitute imprisonment in the penitentiary for a period of not less
than ten years nor more than twenty-one years."
In connection with this Tennessee statute, it is interesting to note that
the leading case, reported in the State, based on the act fully sustained
the statute. In the case of Walpole against the State, 9 Baxter 369,
delivered in 1878 by a Supreme Court composed entirely of Democrats, with
several Confederate soldiers the court held:
"It is apparent that the object of this statute was to repress a
great evil which arose in this country after the war, and which grew
to be an offense of frequent occurrence, that of evil-minded and
mischievous persons disguising themselves to terrify or to wrong
those who happened to be the objects of their wrath or resentment.
This was a kind of mob law, enforced sometimes by a multitude of
vagabonds, who grew to be a great terror to the people and placed
human life and property at the mercy of bad men, whose crimes could
scarcely ever be punished because of the disguises under which they
were perpetrated."
In closing its opinion the court said:
"The penalties of a violation of this law are severe, but they have
proved themselves wholesome in the partial suppression already of one
of the greatest of the disturbing elements of social order in this
State. Affirm the judgment."
Public-domain text, read in full here on John Shaqi.
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