Year: 1871

have drawn into its folds 80 many
men in any part of our State. is, we
say without hesitation, the


MOST DAMNINa BLOT


upon the character of our State that
history records. This association
has not, so far as the court can
discover from the evidence, the
merit of excuse that vigilance COM
mittees. though entirely self-con-
stituted, ordinarily have. The pur-
pose, as stated by a majority of the
witnesses, was not to punish crime
or any acts forbidden by law, but
in the language of the witnesses
who were members of the organiza-
ton, to put down the Radical par
ty and raise up the Democratic
or Conservative party. Now, it is
very clear that it is not unlawful to
advance the interest and increase
the strength and influences of any
party by the use of any lawful
means, and it may be even praise
worthy in any citizen that he is ac-
tive in the use of lawful means to
advance such principles relating to
our government as he believes best
calculated to promote the happiness
of our people; but when men band
themselves together, even to the
number of fifty in county instead
of five hundred, as is shown in this
case in Rutherford; who band them
selves together by an oath or pro-
mise, unlawful though it be, to obey
all orders, though such orders be to
commit crime-the lives, the liberty,
the property of the best citizens in
such n community cannot be secure.


THEY ARE NOT SECURE.


II our government has not the
power to protect its law abiding citi-
zens in their lives, their liberty and
their properly, which are declared
to be the leading objects, the first
purposes of our Constitution and
our laws, we ask, in Gods name, of
what value is our Constitution and
our laws? / feel that 1 have never
been one of those who have believed
that on: government was such a
rope of sand as to be without the
power to protect itself from such
disintergration as it would always
be liable while bad men lead. If it
was otherwise our Constitution and
our laws would be mere illusion
and only calculated to disappoint
the hopes and expectations of the
good men who framed them. We
do not entertain O doubt as to the
validity of the Fourteenth and Fiji
teenth Amendments of the Consti-
tuition, and these being valid, then
as to the act of July 81, 1870, and
Goth of April, 1871, they are also
valid, as was declared 10y my asso-
ciate in his charge to the grand jury.
These laws oppress no one, but are
only SO framed to secure those from
being oppressed whom the more
powerful and lawless-we may add
the evil disposed-may attempt to
oppress. There is another striking
feature in this organization, accord
ing to the evidence in this case,
which we cannot refrain from men
tioning here. This we regard as
terrible significance, and lends
to the organization infinitely more
power for harm than would other
wise be attendant upon it. Thisis the
fact, that all of the leaders of their
band are of one of the great poll
tical parties of the country, and in
the main their arbitrary and cruel
acts are directed against those who
act and sympathize with the other
of those political parties. For this
reason, then, it is clear to my mind
that the outrages committed by
these clans have not received the
prompt and unqualified condemna-
ton of thousands of intelligent and
influential citizens of our State than
they would have received if they
had been committed under any
other possible circumstances. Gen
tlemen of education and character
good citizens, have not approved,
as we are glad to believe but
some such have not condemned as
the interests of society and good
government demand they should