The New York herald., 1871-09-02
The South Carolina Ku KIux KInns-The
President and the Ku KIux Bill.

up again In cabinet Council at Washington
We had been consoling ourselves with tn,
opinion that these terrible Ku Klux Klans hat
taken new departure" had given up the
iawless nocturnal adventures, and had quietly
disbarded and dispersed. But Senator Scott
OF Pennsylvania, of the Congressional Investi
eating Ku Klux Subcommittee, tells differ
rent story. And he has had so much to tel
upon the subject that the President or
Wednesday last, from his cottage by thu
sea" went down to Washington to hear him
and was so much impressed with what he
heard o! the lawless doings of the irrepressi.
BILE Ku Klux in some of the mountain dis
tricts OF South Carolina that the revelations
and suggestions of Senator Scott were made
the subject of yesterdays Cabinet Council.
In special Washington despatch we pub
lished yesterday a pretty full report of the
Senator's indictment and specifications. II
thus appears that when Mr. Scott and his
committee went down into South Carolina
| to look into these Ku Kux troubles be
found such state of terrorism exist
| ing in the counties of York, Chester,
Spartanburg and the adjacent counties
that he felt compelled publicly to announce
that if any witnesses before the committee
were molested after the departure of the COM
mitee, or if these Ku Klux outrages were
resumed, he would feel himself obliged in
honor to inform the President and urge the
enforcement at once of The extreme powers
given him in the Ku Kux bill 1t was only
upon this promise that Mr.. SCOTS committee
were able TO obtain the attendance of any wit
nesses at all against these dreadful and mys-
terious Ku Klux moss troopers. Now, since
the Senator's return home, it appears these
outrages have been resumed, and that the
witnesses, white and black, who appeared
before the committee against them are the
especial objects Of hostility of these Ku Klux
marauda ars; that for several weeks past they
have ridden extensively through the districts
Of Spartanburg and Greenville, and that at
or near the town of Greenvile large number
of negroes have been whipped; that local
Jures on the Ku Klux outrages are of no ac-
count, snd so on to the end of the catalogue
Under these circumstances and representa-
tons it appears that the President feels him
self bound to enforce the Ku Klux bill in the
dsaffected districts reported by Senator Scott,
the Senator urging the enforcement of the
law, not only as an act of justice, but of
mercy to all concerned This means
that the repressve forces of the army
shall take the place of the civil authorities in
the disaffected Ku Klux districts aforesaid,
under the powers in the premises conferred
upon the President by Congress. But where
is the constitutional authority for this act?
the fourteenth amendment first section, which
declares tina. ''all persons born or naturalized
in the United States and subject to the jurs-
diction thereof are citizens of the United
States and of the State in which they reside"
and that ''no State shall make or enforce any
law which shall abridge the privileges or i'm
munties of citizens of the United States, nor
shall any State deprive any person of life,
liberty Or property without due process of
law, nor deny to any person within its juris-
dic!iOn the equal protection of the laws" 1t
is claimed that Congress-, having the power to
appropriate legislation" has legislated ap-
propriately in the Ku Klux bill, especially as
the act is fortified by the fourth section of the
fourth article, which ordains that ''the United
States shall guarantee to every State in this
Union republican form of government, and
and, on application Of the Legislature or of the
Executive (when the Legislature cannot be
against domestic violence
1t is also claimed that the powers conferred
upon President Grant in this bill are substan-
TALLY the same as those conferred upon Presi-
dent Washington for the suppression of the
Pennsylvania whiskey insurrection; but
whether the authority for this Ku Klux bill
does or does not exist in the constitution, the
law is the constitution to the Executive and
TO all concerned till otherwise declared by the
supreme judicial department of the govern
ment. The only question, then really before
us, in reference to the enforcement of this
law at this time, is the question of expedi-
ency. 1t will be remembered that before the
passage Of this Ku Klux bill, under the au-
thority of an old act Of Congress, President
Grant, on application of the Governor of
South Carolina, issued proclamation warn
ing certain lawless and disorderly persons to
retire peaceably to their homes within twenty
days or prepare for the consequences of mar
tial law; and it will be remembered too, that
that was the end of that affair. Under the
Ku Klux bill thirty days grace is given,
and it may be that in proclaiming the en-
forcement of the law these thirty days
grace will secure restoration of law and
order in the districts concerned. But if it
should turn out otherwise, what then? Then,
of course, the United States army will take
the place. of the civil authorities of the State
in reference to these Ku Klux Klans, and so
South Carolina will be held az a State incom-
peteut TO take care OF itself