Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-03-27

Southern Outrages.
The subject of kuklux outrages and what can
be done to put stop to them is occupying much
Of the attention of the press, as well as of con-
gress. AS to the existence of these villainies no
question is made by republicans, although dem
ocratic papers, except few in the southern
states, where the facts are too patent and famil-
lar to be ignored, stupidity deny the truth of the
reiterated reports of wrong and outrage and in
sist that the crimes undoubtedly committed
there have no political motive. But as to the
remedy for the evil there is a very wide diversity
of opinion. Some profess to believe that the
passage Of a general amnesty law will cure all
these disorders; that the men who are now pro-
voked by the deprivation of all legitimate polit-
zeal influence into making their power felt in
this lawless way, will, by enfranchisement, be
soothed and sobered and led to turn their ener-
gies into legitimate channel. Another opin-
ion is that education, slow as its operation must
be, is the only hope for establishing order,
peace and good government at the south.
Others think that the passage of law by
congress aff1xing penalties to such acts
as the kuklux are in the habit of
committing, and giving jurisdiction of
these offences to the United States courts, would
have beneficial effect. Others again believe it
necessary TO establish new tribunals and new
methods of procedure, at variance with the or
binary modes of administering justice, and
adopted expressly to meet the peculiar difficult
ties of this situation. Another thinks that only
the presence of troops and the declaration of
martial law will meet the exigency; and still
another opinion is that nothing can be done by
the United States to cure these disorders, and
if the people of the states where they exist pre-
fer not to enforce their laws against them, they
must take the consequences in the loss of popu-
lation, wealth and business, until they learn and
profit by the lesson that order and respect for
individual rights are the only foundation of
prosperity.
Among all these differences of opinion two
things seem to us very clear. One is that it is
not wise or right for congress to disregard the
constitutional limits of its authority and pass
measures Of a doubtful character because it feels
that something must be done, and thinks its
constitutional powers are unequal to the emer-
gency. The other is that additional penal en-
actments will not reach the case. The evidence
of this is abundant. There are laws for in
stance, imposing heavy penalties for obstructing
the mails or the collection of the revenue, and
giving to the United States courts Jurisdiction
of these offenses, yet it is found impossible in
Kentucky to enforce these laws against the per-
sons who attacked the colored mail agent Glib
son. Senator Stevenson, of Kentucky, in his
reply to Mr.. Sherman's speech on the kukIux
bill, undertook to show that the outrages in his
state were exaggerated and that they were COM
mitted not by democrats, but by republicans;
that the assaults upon Gibson in particular
were made by republicans, and the United
States authorities had failed to prosecute for
that reason. But Colonel Wharton, the district
attorney for that district, in a card published in
the louisville papers of the 23d instant, indig-
nantly denIes ttsis charge and exposes the real
nature of the difficulty. Unless, he says, the
grand juries are furnished wish facts upon
which to found indictments there can be no
anial or prosecution, and no one has or will put
any federal officer in possession of facts upon
which to found an indictment. They doubtless
fear the fate which befell Mr.. Lighter, who,
having divulged the acts OF the kuklux, was,
upon his return home, taken out of his house
IN the night time by an organized band and
hung. Senator Stevenson seems to know who
the assaiants of Gibson are, and the district
attorney promises that if the senator viii give
him facts and names the offenders shall be
brought to justice without any inquiry as to
politics.
This difficulty OF procuring evidence, and the
additional one of obtaining juries who can be
trusted to find verdicts in accordance with the
evidence presented, are foand to be almost in
surmountable obstacles in the way of enforcing
existing laws against these offenses. They
would be equally fatal to the success of other
laws that might be enacted. 1t is one of the
obligations Of the kuklux, as disclosed in the
testimony of some of the North Carolina mem
bers before the committee of the senate, to de-
fend their associates by false testimony if neces-
sary, and to put themselves in the way of being
placed on juries, SO that they may acquit their
confederates when on trial. Congress cannot
constitutionaily authorize any other method of
trial by the verdict of jury, nor can it, even if
there were reason to hope for good results from
doing so, go much farther than it has
already in the way Of penal enactments
to protect citizens in the free exercise
and enjoyment of the rights granted or Sc
cured 10 them by the constitution and laws of
the United States. Any act of violence or in
hmidation with intent to hinder the exercise OF
these rights is already made felony punish
able in the courts of the United States, and the
president is authorized to employ the land and
naval forces, or the militia, at his discretion, to
aid in the execution of judicial process.
We have no faith in the necessity of further
congressional legislation on this subject, nor
that any possible legislation would be of much
practical value, nor do we think that an act OF
amnesty would be seasonable just now. And
yet we do not regard the case as altogether hope
less. In South Carolina the state authorities
have invited the aid of the federal power 10 sup
press organized resistance TO the laws. This, of
course, will help in restoring order there. Some
thing may be done in other states by stationing
small bodies Of troops in the disturbed districts
whose presence will encourage the well-disposed
70 disregard the terrors of the kuklux, and who
viii be at hand to aid the civil author
tiles Of the United States in executing
the precepts OF the courts and in
protecting witnesses. Provision NAV be made
also for an increased number of deputy mar
shais, purely civil officers, but who NAV be able
by their presence in considerable numbers ~
prevent violence in many cases, to procure evi.
dence and to make arrests, which would be i'm
possible for few officers in large district. In
other words, what is needed is not the enact.
ment of more stringent laws, making new
offences with heavier penalties, nor the estab-
lishment Of new tribunals unknown to our con
stlsntion, but rather the Strengthening of thu
executive arm, so that the regular and constitu
fional courts may have the means of performing
their functions and Executing their DEGREES witt
efficiency and certainty.
CoEeREss.--In accordance with the vol,
passed in the house on Thursday, no session o
that branch was held on Saturday. In the sen
ate Powell Clayton appeared and took the oatl
Of once as senator from Arkansas Mr.. sumne
onefed a resolution directing the secretary of th,
navy 70 communicate TO the senate the amoun
o. eApenaitnfe incurred In the support and nav
n no - -