Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-10-07


good intentions of the democratic party of
New York, and full belief that the de-
nunciation of Tammany is a pitiful farce.
If the republicans of the State would only
be true to themselves they would carry
the State like whirlwind.
SPEECH OF SENATOR SHERMAN.
Senator Sherman made speech at Lam
was to show the hopelessly divided condi-
ton of the democratic party. He said
there was little difficulty in answering one
democrat by quoting another, upon al
most any political question of Importance.
They unite, he said, only in demanding
amnesty to such rebels as Davis, Toombs
and Stephens, so that that they may come
back to the House of Representatives.
This and an unreasoning opposition to our
laws for the protection of the ballot-box
and of the loyal people of the South, and
an eager desire for office, is all that holds
the democratic party together.
fTOCteu1OK To h CONSIDERATION OF Lne hu-
Klux law, and particularly the section enjoin-
ing upon the President the duty of seeing that
the laws are faithfully executed, when a State
administration will not or cannot, Mr.. Sher-
man said:
''Now, in the present condition of the South
it is far better for the peace of the whole
country that this duty should be performed
by the President rather than by the Governor.
A call by the Governor for the State militia
u
are, of organized bands of white rebels
leagued against the blacks. would only be re-
sponded to by the blacks, and thus we would
have a civil war of races, and the South
would realize what they seem to be counting.
This high power to preserve the public peace
is far more safely lodged with the President,
and the actual experiment shows the wisdom
of the policy. A small company of United
States soldiers have been able to prevent
crimes and arrest criminals, when the attempt
by local militia would have led to civil war.
The fourth section provides that when the re-
belion in district or county of State had
become so numerous and powerful as to defy
both the authorities of the State and the
United States, and the preservation of the
public safety became impracticable, then such
district or county might be declared by the
President to be in state of rebellion, and
the privileges of the writ of habeas corpus
mSHt US suspCHuCuJ Uut uOt iOuSeT tudu uU-
til the close of the next session of Congress.
This section confess voted for with reluc-
lance; not that there is any doubt of the
clear constitutional power of Congress to
pass it, and the President to enforce it, but
that believed a wiser remedy was to be
found in an ancient law of England called the
Statute of Winchester in force for six hun
dred years, and universally regarded by their
lawyers and Judges as the great palladium of
1avv and order q suhetifufa 90 tha
tary features of this act proposed a section
containing the substance of this old act. 1t
provided that when in any city or county any
person was injured in his person or property
by mob of armed and disguised men, with
view to deprive him of rights conferred by
the Constitution of the United States, and
the local authorities would not and did not
protect him, he might sue the city or county
in the Courts of the United States, and re-
cover damages for the wrong done him.
This, in substance, is now the law in most of
the New England States, in New York, Ken
lucky and Maryland The principle is right
and just, that when the community in which
man lives does not protect him from mob
violence, the community ought to suffer, and
not the citizen. This law would have enabled
every man outraged by the KuKlux Khan to
have sought this remedy from the county in
which he lived, and which owed him protec-
ton, rather than sue disguised outlaws who
could not be identified, and were worthless
when identified. Such law could be en-
forced bysthe Courts in civil actions, without
soldiers in arms. The lawyers would en-
force it, for they would be sure of their proof
and their fees, and every taxpayer, when re-
quired to pay his share of the damages would
find out about the KuKlux and be glad to nut
end to their atrocities. This section, after
full debate, was twice passed by the Senate
but, as usual when wise measures are de-
feated, it was by combination of all the
democratic members and few republicans in
the House. l am happy to say that the great
majority of the Republican representatives
gave it hearty support, and | trust at the
next session of Congress we may see it the
law of the land, All these crimes
were committed by Democrats against Re-
publicans. Their motive was compounded
of hate of the negro and the desire to deprive
him of and deter him from enjoying rights
conferred upon him by the Constitution of the
United States. Do the Democratic leaders
deny these atrocities? Hardly. No honor
able man can do it without sense of shame.
but they tell us that the reconstructed Gov
ernmehts OF the South are coyered with fraud
and speculation. Mr.. Groesbeck says some
rebels are excluded and the negroes are TO-
norant. II is clearly proven that all the i'm
provlaehce' waste and peculation in the new
state governments were participated in by
both parties, but the KuKlux Khan does not
aim its blows at thieves. They do not murder
the men charged with peculaiion. They aim
at poor aegro preachers and school teachers
almost always at those who are lifting the
negro race from its ignorance The mon
who participated in improvident schemes of
expenditure are the very men who direct the
movements of the KnKiux Khan, and set them
upon ipoor and unoffending negroes. The
only part Of Mr.. Groesbeck's speech that !
could not read with patience was his attempted
palliation of the work of disguised barbarians