Congressional Globe and Appendix. First Session Forty-Second Congress: In Two Parts. Part 2 Page: 191

                                
1871.]
APPENDIX TO THE CONGRESSIONAL GLOBE.
191
42d Cong.... 1st Sess.
Fourteenth Amendment—Mr. Buckley.
Ho. of Reps.
nearly one half of the Republic ? The all-
important problem we are called upon to
solve is, within the Union can we protect
American citizens on American soil and under
the American flag from violence and outrage
and whipping and assassination and murder
committed by armed bands roving over the
country in disguise and at the dead hour of
night? We have nothing to fear from without
the Union, nothing from abroad ; our troubles
are from within; our worst foes are they of
our own national household.
Four short months ago imperial Prance
marshaled a million men to defend her bor-
der against an invading foe ; to-day she is
powerless to restore order in her own capital,
or stop the flow of blood in its streets. Is
our imperial Republic too weak also to pro-
tect the liberty, the property, and the life of
her own citizens, after the exhibition of her
terrible power in suppressing the rebellion ? Is
she powerless also to protect those who give
her their allegiance, who pay their taxes for
her maintenance, yea, more, who are her own
appointed agents to doherbidding? "Security
of life," says M. Guizot, " is the first requisite
in the social state." But the want of security
is so great in some portions of the South that
the people will be driven to take shelter in
some system which shall provide for present
order. I cannot describe the condition of the
people there in better terms than to state that
there is generally an absence of that "domestic
tranquillity," to secure which was one of the
expressed objects of the fathers who framed
the Constitution. If it be true that security
and order are essential to social existence,
then, sir, I am no alarmist in declaring that
the tendency of affairs at the South is to
anarchy.
I have stated the case; I now turn to the
proofs. They shall principally be drawn
from Democratic sources, and shall sustain all
the counts of this declaration. They shall
rebut all that has been said in opposition to
the necessity of the pending bill by the Dem-
ocratic members on this floor, and they shall
establish the fact, in spite of all that has been
said here to the contrary, that there exist in
many places at the South secret, oath-bound
organizations, and in some localities assuming
a magnitude beyond the power of the local
authorities to control or suppress.
I will begin and confine this painful investi-
gation to my own State. I hold in my hand a
slip cut from the New York World, a Dem-
ocratic paper, of March 27, 1871, which reads
as follows:
"Governor Lindaay, of Alabama, in Town—If is
Report of the Condition of Affairs in Jiu State.—Gov-
ernor Lindsay, of Alabama, arrived at the St.
Nicholas hotel, in this city, on Sunday morning,
from Washington. While in that city Saturday the
Governor called upon President Grant and assured
that distinguished functionary that there was no
truth in the exaggerated statements about the ICu
Kluxoutrages in Alabama. lie said that there were
violations of law there, asin other States North and
South, but denies that any political organization
exists there for the purpose of perpetrating outrages
as reported. Some of the southern States are exist-
in;; under restraints imposed, in the judgment of
many of the people, by interlopers and unprincipled
men. But the number of disturbances are small
compared with the newspaper reports. Besides,
they are entirely within the control of the civil au-
thorities of the State. If they were not, and assumed
a magnitude approaching an insurrection or revolu-
tion beyond the power ofthe State to control them.
Governor Lindsay informed the President that he
should not hesitate to exercise his privilege under
the Constitution of the United States to ask for Fed-
eral aid.
"Governor Lindsay confirms the telegraphic re-
port in the \Voi ld of Sunday, tha,t Judge Richard
Busteed, formerly of this city, now Radical judge
of the United States district court of Mobile, Ala-
bama, also called upon the President on Fiiday and
assured him that there was no occasion to entertain
any fear whatever relative to the ability or disposi-
tion of the authorities in Alabama—State, municipal,
andjudiciary—to suppress promptly all violations
of law in that State. Judge Busteed informed the
President that the utmost quiet prevailed through-
out Alabama; that he, as a known northern man,
considered himself perfectly safe to go alone where
he pleased and when he ploased in that State.
Governor Lindsay says that ho was accompanied
upon his visit to the President by Senator Spencer;
that President Grant received him kindly, and as-
sured him that he was pleased to have such assur-
ances from him (the Governor) that Alabama was in
such a healthy condition, and hoped that nothing
would occur requiring the Governor to ask tor his
assistance."
^ But I propose to show that his Excellency's
time being engrossed with the cares of public
life, he has not read tbe Democratic papers at
home, and therefore does not know what is
going on in the State over whose destinies he
is called to preside. The account below is
taken from the Greensboro Beacon of the 23th
of January, 1871, a Democratic journal:
"Lawlessness.—A band of men, on horseback, and
some of them in disguise, rode into Greensboro last
Tuesday night, about one o'clock, firing off pistols
as they rode through the streets; when, reaching
Mrs. Nutting's they halted, we learn, and fired quite
a number of shots, one or more striking the house,
to the great alarm of the family. They passed up
the street to Br, Blackford's buildiug, wheio the
doctor sleeps, and some of them went to his room,
with the intention, it is believed, of doing violence
to his person; but he having got wind, we suppose,
of their intentions, had leit his room.
" ThoVthen returned down the street to Mr. Sher-
iff's, where Mr. Roberts, the jailer, boards. Getting
opposite the house, one of the band dismounted,
went t,o the door, and called for Roberts, directing
him to strike a light and open the door, which lie
did. He was met at the door by a man partially dis-
guised, with his pistol drawn and held up in front
of Mr. Roberts's breast, and was ordered to produce
the jail keys, that they wanted Thomas MeCrary,
who had been put in last week 011 the charge of
stealing a horse from some man living near Belmont,
Sumter county. Roberts replied that he did not
have the jail keys, that they were m the sheriff's
office, the key of which ho had. He was forced to
go to the sheriff's office, get the jail keys, and go
with the band to the jail, on reaching which the
doors were opened aud MeCrary released and taken
off. They are believed to have come from Sumter
county."
Concerning this transaction the editor of the
Selma Argus, a Democratic paper, received
the following letter, to which he replies:
To the Editor of the Argus :
Sir: I see from an article in your last issue (Jan-
uary 27,1871,) that you accuse a body of disguised
men ot going to Greensborough, on Tuesday last,
and releasing a man from the jail in that place who
had been confined for horse-stealing. We inform
you, sir, that yourauthor has told a malicious false-
hood. The man who was released on that evening
was not confined tor horse-stealing, but tor killing a
negro and the taking ot a Yankee's horse, (openly,)
that it might enable hiin to make his escape from a
court (like Blackford's) of injustice. And we say to
you, sir, that the party did not visit Greensborough
on that evening for the purpose of releasing this
man MeCrary, but for the purpose ot catching and
giving Ivlr. Blackford what he lawfully deserves, and
will get before the 1st day of March. We do not
communicate to you for the purpose of clearing our-
selves of but one thing, and that is the release ot a
horse-thief. Sir, itis notourobjectto release thieves;
but, on the other hand, it is our sworn duty to bring
them all to justice; and we in this section of the
country intend and will see that all thieves shall be
punished to the extent of the law; and incases
where the law cannot reach them the party that re-
leased the man in Greensborough will give them all
they deserve, and perhaps a little more.
Yours, truly, &o., K. W. C.
P. S. The writer is a subscriber to your paper, and
would be pleased to see this and an additional article
in your next issue. K.
Alabama, January 31, 1871.
In reply to this communication the editor
of the Argus uses the following language:
" Our version of the affair at Greensborough was
based upon the statement of the Green^oorough
Beacon and the reports telegraphed to the prc&s.
The author of the above letter corrects our errois.
MeCrary was only guilty ^of * killing' a negro and
'taking' ahorse. The object of the disguised men
was not to release a horse-thief, but to lynch a pro-
bate judge. This is the version of one who claims
to have been of tae party of disguised men whose
conduct on the occasion in question was an example
of lawlessness and has already brought evil upon
the innocent victims of the incendiary fires pro-
voked by it.
"And we do not pretend to sayihat a condition of
affairs may not be Drought about m which society
must protect itself aftainst criminals too adroit to be
caught in the meshes ofthe law or too powerful to
be subjected to the penalties of the law. But society i
can resort to summary proceedings for protection
only in extreme cases; and the extremity to justify
such a resort does not now exist in any part of Ala-
bama. Therefore the intervention of mobs, either
to punish or to prevent punishment, is now and here
a crime against the laws and an outrage upon society.
The political power of the State is to a great ex-
tent in the hands of the Democratic party, composed
mainly of southern white men, 4ex-rebe!s.' whoso
Governor is charged with the enforcement of tho
laws, and through this meanswlth the protection of
person and property. If the laws of Alabama are
now violated with impunity by individual offenders,
or set at defiance by armed organizations, the world
will hold the Democracy of Alabama responsible,
and tho voice of northern statesmen, raided in pro-
test against further oppressions upon this people,
will bclust in the condemnation of those who would
befriend us."
After the above occurrence the editor of the
Greensboro Beacon (-Democratic) comes out
in the following candid style:
"But it strikes us that the time has arrived, in
this section at least, when it becomes the duty of all
who have the good o f the country at heart to aid,
to the full extent of their influence, in suppressing
lawless organizations and in securing the enforce-
ment of the laws.
" And one of the first steps to be taken to accom-
plish this most desirable result, is to bring about a
sound public opinion. How, it may be asked, is that
to be done?
" In this work the press can do much, but, judging
of the future by the past, we arc not hopetul as to
unanimity of actiou or views in that quarter. For
to the teachings of some of the newspaper fraternity
are the public greatly indebted for the evils upon
which we are animadverting. So grossly personal
and abusive have many of them been in their polit-
ical discussions, that a portion of their readers have
come to look upon it as not only no crime, but a
patriotic duty, to do personal violence to those who
render themselves obnoxious by their political
opinions,
" Tbe young men of the country, especially those
who by their ability or educational, social, and reli-
gious advantages are capable of exerting a salu-
tary influence on those with whom they come in
contact, can do much in the laudable woik of secur-
ing the enforcement of the laws. And to them we
especially appeal. If necessary, let them organize
companies to repel the raiders and lawless bands
and to aid the civil officers in arresting violators of
the laws.
"In short, we earnestly appeal to all good citizens
to aid in this most important work. In its success
the planting interest, tho great interest of thecoun-
try, is moat vitally concerned."
I pause, Mr. Speaker, to call the attention
of the House, and especially of my Republican
friends who think no additional legislation is
necessary, to three points touched upon in the
ai ticle just read.
There are hundreds and thousands of peace-
ful, law-abiding, industrious citizens among
the white people in my own State, and else-
where, who will welcome with all their heart
any measure we may pass here that shall tend
to bring peace and order out of confusion and
lawlessness, and that shall relieve them of the
terrible feeling of insecurity in property and
person which they now experience. It is for
these honest, industrious men, of moderate
means, who have families to support and chil-
dren to educate, as well as for the more de-
pendent and defenseless class, that I put in this
plea for heip. And are you going to let citi-
zens, under such circumstances, appeal to their
Government for help in vain ? Do you say, let
them make their appeal to the local author-
ities? The writer of the article I have read,
living on the very verge of anarchy, says:
"An apprehension of bringing upon themselves
tlie vengeaneeof these iawless bands prevents good
citizen^ from making an effort to arrest evils which
are telling fearfully en the best interests of society."
Think of it! The best interests of society at
the mercy of lawless bands, and good citizens
flare not arrest the evils they are compelled to
witness. It is not safe to know too much about
crime in such localities. It is even more danger-
ous lo attempt to arrest it.
But, again, this writer declares the first step
to be taken to suppress lawless organizations
and to secure the enforcement of the laws " is
to bring about a sound public opinion." Now,
what is it that manufactures public opinion in
this country ? Why, it is the press. It is the