Year: 1871

toward any one of their brethren who
seeks to vote the Democratic ticket. 1t
is as notorious as that the sun shines
above our heads.


Oh, but it is said that is the very thing
we shall investigate by means Of this
committee. Well, we shall see when
the report comes in. We shall see
whether there is q white side and a black
side to it. We shall see whether the
evidence will be produced of the cOorc-
ion, the intimidation, the violence eX-
ercised toward any cOlOred man there
who seeks to vote the Democratic tick
ct. do not say that it has in every in
stance succeeded; I known that in some
localities, where the whites have been
sufficiently srtong to protect them, col
Ored men have voted the Democratic
ticket; but I do know, as a general rule
at least such is the information of the
whole cOuntry-that no colored man,
with safety to his life, where the ne
groes are numerous, where they are the
prevailing portion of the inhabitants,
can exercise his own judgment in cast
ing his vote. But no complaint is made
about that; we hear no tRu-KluX' about
that. Nothing of that kind seems to ar
rest the attention Of Senators; but when
ever the Radical party gets defeated in
a State or in Congressional district OF
the South, then we hear the cry of Ku-
KlUX Klan, of outrRges, of murders, and
of the intimidation that is employed!


But, sir, that is not all. While no man
in this Senate or in this country could
wish more than do that we might have
a perfect picture of Southern society,
that it might be, as it were, photograph
ed and laid before our eyes, so that we
might knew the exact truth, believing as
I do that the exact truth would remove
much of the misapprehension under
which Senasors seem to labor-while no
man is more anxious than am that that
should be the case, I confess that l can
not help having some suspicious about
this matter. I understand these docu-
ments 60 back to 1857


Mr.. Davis. To 1866. -


Mr.. Thurman. To 1865! Then they
go back before peace was declared on
the 10th day of August, 1866. On that
day the President issued his proclama-
ton declaring that the whole country
was at peace and that the insurrertiOn
was at an end. Congress confirmed
that proclamation by the passage of an
act regulating the pay of the army. The
Supreme Court confirmed it by its de-
cision in the case of the United States
z. Anderson, reported in 8 Wallace. So
every department of this Government
has decided that from the Goth day of
August, 1856, there has been no war, no
rebellion, no insurrection in the land.
And now it is proposed to go back, is it,
even anterior to the declaration of
peace, and investigate the outrages that
have been committed down there even
R17a 1r,lo
tial law?


What more do you expect, what more
effective laws do you expect than the
martial law which you proclaimed over
all that country? These outrages took
place when that whole country was
subject to martial law, when a man
could lose his life by the fiat of a court
martial; and yet we are to be told, in
the face of all this, that Congress must
now investigate and report some reme-
dy. I cannot help being suspicious
about such investigations. Still am
not opposing fair examination. I wish
that we could have perfectly fair and
impartial investigation; but 1 want 1t to
go 8 little more than these casual out
breaks that have been referred to. I
want to know whether there is nor sys-
tematic fraud in the Southern States.
want to know whether the power of
the people to elect their own officers is
not annulled by the laws enacted in the
States to which have referred. I want
to know if we have the power, which
the Senator from Indiana has so often
asserted on this floor, to maintain re-
construction and maintain Republican
Government, whether or not it is Re-
publican Government when the Cover
nor of a State can elect the whole Leg
islature by his mere will and by his mere
fiat, and elect aot the Legislature alone,
but appoint every other Office within the
bounds of the State,


No sirj so long as those statutes stand
in the face of the counting out of eight
counties in Florida, because they voted
the Conservative ticket, and the count
ing in of another county which was
Radical, to which the same objections
lay; with the results of the last Louisi-
ana election before US; with the results
of the last election in Arkansas; with
the results of the last election in Texas,
it will be in vain to tell the intelligent
people of America that it is the Radical
party at the South that desires purity of
election, and that it is the Democratic
party that seeks to destroy it.


But again, sir, what, forsOoth, is this
committee to report? What is it to do?
Has there been such violence there?
Then why has not the Executive sup
pressed it; why has he not been called
upon to suppress it? The only power
given in the Constitution for the inter-
ference of the General Government is
the power conferred on the President of
the United States and the Congress of
the United States by the fourth section
of article four.


The United States shall guaranty to
every State in this Union Republican
form of government, and shall protect
each of them against invasion, and on
application of the Legislature, or Of the
Executive when the Legislature can
not be convened), against domestic viO-
lence.


Where have been the acquisitions on
the President under this clause Of the
Constitution? If there has been domes-
tic violence there that the State author
tiles were unable to suppress, what was
the duty of the Executives of those
States but to call upon the President
and what the duty of the President but
to furnish military force to put down
and suppress this domestic violence?
Has there been any such thing within
the year of grace 1870 which is referred
to in the Presidents message? There
may have been for aught know; 1 will
not affirm that there has not been; but
I must say that am ignorant Of it.


We hear of violence in Alabama.
Was it violence that the Government of
Alabama could not suppress? If SO, did
the Governor of that State call upon the
I han I'd Of
thing. / have heard of Outrages in
North Carolina; but the oUtrages that
make the blood tingle in the cheeks of
any man who loves free government,
and that respects humanity were not
outrages committed even by the people,
inexcuseable as they may have been,
but the Outrages committed under color
of law by Kinks lambs" under the Or
der of the Governor of the State. Sir,
it marks a black passage in English
history when that body of murderers
called Kinks lambs rioted in the blood
of Englishmen. There was not a man
acquainted with English history who
did not have the parallel called to his
mind when he read the atrocities of this
Kirk of North Carolina. Sir, an out
rage committed under the color of law
is ten fold an outrage; and inhumanity
committed by authority is tentold an
inhumanity. Until men shall cease to
view things in the judgment of reason
and in the light of humanity there can
be no comparison between the spasmod-
ic outbreaks of the people and the delib-
crate and willful and premeditated ty-
ranny of government.


Mr.. President, have never uttered
one word in defense of Ku-Klux organ
izations. The Senate will bear me wit
ness that no one spoke more strongly
against them than did at the last ses-
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