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But no diffunce if it do fail in oder respex, my feller-sitterzens, it won't do to say dat dis consummant k am a failure, and ostrumsize it from de langwidge. I am not one ob dose dat am committed to de beleef dat it am a bow-legged nonjuscrip, a onaccountable freak of de English alfybet, an'
good for nuffin but to lean up agin more spectifle consummants, and thow de lines out'n shape.
An' if dat be de sollum trufe, I pauses once more to ax whar is de st.i.tch in de temple of langwidge dat dis alfumbettycle beformity was made to order to fit into, so to speak. What ar' its mishun in de worl', and how is we to arrive at dat pint. In diggin' about de roots of dis boss conundrum, Mr. Cheermon, we wants to have nuffin to do wid scientifficle reductions, nor logickle absc.r.a.ptions, as we understans de metumsquizzicle bearin' ob dose terms; but, on de oder han', if the court am exquainted wid her own diktum, and she think she do, we feels bemooved to argify strate to de pint in hand. Now, in respex to de consummant beforesed, I taiks de hi groun' dat if dere is any offis dat it can fill better than any oder consummant, dat, dat am its mishun. Or to miscomterpret my persac meanin' wid more purpyscruity, if dare is enny spot in de presinks of de langwidge dat can't navumgate widout it, and dat it can't navumgate widout, dat, _dat_ am de shoo fur it to war. Havin' adjostled dat pint to de weakes' understandin', we nex' inquire if dere is enny wurd in de d.i.c.kshummary dat can't be spelt into a syllumble widout de ade of dis consummant. I taix it upon miself to say, Mr. Cheermon, dat dere is such a word, and widout enny furder surc.u.mloscrution, or bein' too pertickler about de orrytorrycal effec of mere metumsquorricle figgurs of speech, I will perceed to denounce it in your heerin'. (Sotto voce.) Kill. (A pause, followed by a lumbering sound and the disappearance of two woolly crowns.)
I trus', Mr. Cheermon, dat dis am considered no interb.u.mption, an' if enny oder brudder should feel discomposed to roll off de bench jurin de fudder discontinuance of dese remarks, it won't be tuk as no mark of misrespex to the gemmen who has de floor. But, to rejerk to de subjec' in ban'. De bes'
excepted, and de only excepted, siggerfication of de consummant k, am de mistickle wurd just denounced in your hearin', and I shall ax you to squeeze dat pint, while I maix a rapid sarch over d.i.c.kshummary groun' for de indecks belongins of de rejineder part of dis word klu, dat is, de consummant l, and de avowal u. In respex to de consummant l, I would wish to say in de fust place, fustly, dat the mixtur' of learned doubts enterin' into its conjugation am not near so obfusticatin' as de las'
beforesed, an' dat havin' obtaned de persac fractional squantum of de befogoin, we can, as it wur, look fowards to subsumquent revolutions of de topic. Darfore, widout enterin' into de rejux system of argyfyin fudder dan to appli de rools dat was foun' to wurk so hamboniously in respex to de las' named, we arrives at de delusion dat de mos' acceptumble renderation of de consummant l is to be foun' in de mistickle terms lick, licks, and "lick 'em," or de las' beforesed in purtickler, or all three in purpentickler. Now, if enny brudder whose sperience and obserwashun am purtickler sensitiv on dis pint, feels cauled upon to say dat de most pinted complication of dis consummant is to be foun' in de word "lam," or dat it was made to order for de word "lash," or was put into de alfumbet wid special reffermence to de wurd "larrup," or was made out'n whole clof as a prehitch for "lambaste," I will 'low him dat privumlege, and widout been outdone in dishonorableness, will give him de floor when I discludes.
In pointrefax, Mr. Cheermon, when we looks at all de crosses and dotses of dis argyment, when we sees all its pros and cros, de delusion am forced upon us, _roles bolus_ (nolens volens), so to speak, and in de langwidge of one of our country's most ill.u.s.trious poicks, "Dat do settle it."
Havin' foun' den, my feller-sitterzens, by jiggernometrical injuction, de persac valyer of de quant.i.tums k and l in de trombonial k-l-u, we will now perceed to exburden our conshusness of sum thoughts havin' reffermence to de avowal u. If dat which needs no splainin' may be made de subjec' of splainatory logic, widout on de oder han' rejucin' de speaker to de distressin' condishun of hyperbolus, I shall, in a brefe s.p.a.ce of time, more or less, egshibit to dis orgunce de close a.n.a.llumgy dat exists betwixt de avowal u, and de pussonal p.r.o.noun "you." I takes it for granted, Mr. Cheermon, dat every individooal dat has a place in dis orguss resemblage, am fermilliar, either by "hearsay" or "theysay," wid dat principul of de Common Law dat purvides dat whar wurds are to be miscomterpreted, dat de meanin' is to be fastened onto um what am neares'
at han', and dat if dey am already purvided wid a resonably far siggerfication, dat it shall be onlawful to prowl off in sarch of one what soots yer better. Dat pint bein' settled, I will not do enny gemmen in dis orgunce de misrespex to persoom dat if a Klu-Krux wur to pint a six-bar'l blunderbuss under his oil-factory of smell, and say "you," as loud and suddint as a clap of armytillery, dat he would disclude dat he meant sum odder feller, and fail to locomoshy in de odder direction. Takin' den, my feller-sitterzens, de consummants k and l in de trombonial (trinomial) k-l-u, and it will be seen dat dey have close refermence to de avowal u, and _visum versum_, and dat in dese three alfumbettycle cosines, and de mistickle siggerfication detached to each, ar' de whole substanshuation of de mystiffercation of de Klu-Krux-Klam.
Den, Mr. Cheermon and feller-sitterzens, if dese be de mos' obdurous intenshuns of dose ruffumlians, duz it not, let me ax, bemoove this loil body to take immejit steps to surc.u.mvalidate, deturrimerate, homswogglemerate, and murder-r-r-- [This expression stuck in the speaker's throat, for, being attracted from the up-stairs of his eloquence by what he at first mistook for an outburst of enthusiasm on the part of his hearers, but was afterwards induced to believe proceeded from some more serious cause, he looked around him upon great waves of panic that lashed the building from side to side--at first converting all obstacles into a causeway for their terror, but at length flowing into currents that beat strongest where the drifts of wrecked and storm-tossed furniture formed artificial banks. Having the organ of comparison well developed among the other faculties, the brain of the statesman took in the situation at once; for, observing with what success doors and windows were swept from their moorings at the heads of the retreating columns, he saw the twenty or more ghostly embodiments that occupied his rear in imagination only, and, hesitating for one instant, he joined the a.s.sault on the "imminent breach," ballasting his flight with cries that bore a marvellous resemblance to the changes of which the last word of the "befogoin" is susceptible. Reaching a neighboring window at the end of two vigorous jumps, he pa.s.sed out into the night--a distance of "eighteen foot in the clur," as he afterwards testified--and regaining his feet and the top of his bent simultaneously, "the startled ear of outer darkness" heard something like the report "murder," at brief intervals of time accommodated to long intervals of s.p.a.ce, for about the period employed by an Erie express train in exhausting a winter horizon.]
CHAPTER XI.
EFFECTS PRODUCED. A PERIOD OF ALARM.
Excitement throughout the State--Scenes at the Capitol--Metropolitan Arrests resisted--Secret Police--Government Officials Notified of the Extent of the Disaster--A Quorum of the Legislative or Judicial Bodies not Attainable--No Departures from the City--The K. K. K.
Cabal Receiving that Attention from Caucusing Legislators which its Importance Demanded--What the State Judiciary Demanded--A Mob at the State-House--At Sunset the Situation Unchanged--A Sortie from the Capitol--Mobs along the Route--Seeking Refuge from the Excited Populace--Out of Danger--The New Situation--Governor Brownlow Escaping from the Temporary Fortress by an Alley-way--An Ugly Specimen of the Genus Ku-Klux--The Governor Recovers from the Att.i.tude of a Suppliant--An Amusing Episode--"But how many suns, O Man, would look upon the Deed Unavenged?"--A Canard which Grew out of this Affair.
On the day following the grand _coup de main_ of the Klan to which we have directed attention in the previous chapters, and which, in bringing depression to League affairs, sent the former's mercury to a feverish height, great excitement prevailed throughout the State; and at the business centres, and more especially the capital, something like a popular demonstration greeted the arrival of news from provincial quarters. The wires had been buzzing with intelligence of the disaster since early dawn, and yet the news and telegraph offices found it impossible to throw off the steaming bulletins giving additional particulars, or summing up the history of the exploit in localities already heard from, with sufficient speed to meet the cravings of the mult.i.tude. The streets of the capital were filled with pa.s.sengers, who, with white faces and lips compressed, seemed as firmly intent on reaching some point of general rendezvous as it was indubitably certain that they had nothing definite in view, but were tossed to and fro by a burning thirst for news that must and would not be satisfied. Occasionally, as the crowd kept this frantic pace, individuals would suffer themselves b.u.t.tonholed, and made the subjects of lengthy confidences, but rarely, as one man's property in the commodity of the hour was something which all might share at the bulletin-board; and so all day long the human tides ebbed and flowed along the news-channels, never manifesting impatience, but ever quickening their speed to keep pace with the now fairly excited messengers. Merchants and shop-keepers stood in their doors wearing prurient countenances, and anon, sending would-be purchasers away with curt replies; for since the sun rose on that eventful morn, had not traffic grown out of fashion? Women and children kept within doors without commands to that effect, for there was something in the very air of the crowds without that not only did not invite confidence, but positively frowned upon all advances thereto. The Metropolitan guards, who had special instructions, and whose force had been doubled since morning, moved along their beats wearing grave countenances, and occasionally scanning the faces of the crowd with furtive stare, as if in search of some secret which they half suspected lay hidden there. Once they ventured upon an arrest, being guided by their suspicions only, as was evident from their embarra.s.sed movements; but though they employed a strong guard, and sought out the most thinly peopled avenues in making away with their prisoner, they had not proceeded above two blocks before they were set upon by the crowd, and compelled not only to relinquish their charge, but to seek safety in flight. It was even whispered that there was a secret police force abroad, deriving its authority from the opposition element in politics; but this was industriously denied in quarters where the facts should have been known, and after it became a rumor, every effort was made to quell suspicion. But, however that may have been, after the unsuccessful feint to which we have called attention, no further effort was made to interfere with the calm-faced crowds which, looking neither to the right nor left, persevered in that unvarying procession which led them to and from the news centres. A K. K. K. placard, which had been posted at a popular street corner during the previous night, and which, for contrasted reasons, had been given a wide berth by the rival factions, became, as the evening wore along, the one subject which seemed to possess sufficient interest to attract the regards of pa.s.sers-by, and it is probable that its importance (like some sentient wonders that we wot of) was derived from the circ.u.mstance of its connection with weightier subjects.
It was probably past the hour of noon before the extent of the Ku-Klux raid was certainly known to the State authorities, and to say that the intelligence cast a palpable gloom over the various departments of government, would hardly particularize the situation with that definiteness which the curiosity of the reader may demand. After the noon recess it was found impossible to a.s.semble a quorum of either the legislative or judicial functionaries, and when visitors sought individuals belonging to these branches, with a view to conference on private topics, they were, oftener than not, sent away with the intelligence that they had left the city. But this was scarcely true in any case, for not only was there no hegira of State officers from the scene of their labors on this day, but out-bound trains flew along the landscapes with hardly any reasonable ballast in the way of pa.s.sengers.
The secret of the whole business, as revealed soon after, showed that some very extensive caucusing was being done, and that the K. K. K. cabal, for the first time in its history, was receiving that attention from the government authorities which its importance demanded. It is not known with certainty what was resolved upon at these meetings, but it may be guessed, with tolerable a.s.surance, that those bold measures soon afterwards inst.i.tuted in the House (though enterprised too late for any practical use) received their inspiration from this excited period. And it was soon after published as an item of news, that the judiciary demanded of their law-making colleagues some immediate legislation that would enable them to grapple with the new problem in jurisprudence which the movement presented.
About the middle of the afternoon there was a popular demonstration in the neighborhood of the capitol, the crowds lounging in that direction in an objectless kind of way, but when, finding themselves under the shadow of the great building, developing a sudden enthusiasm for something, or some individual, they scarce knew what. For more than an hour they besieged the State functionaries with loud huzzahs, and only when they saw that the demonstration had been misunderstood, or that they would be given the cold shoulder, in any event, did they relinquish the purpose of hearing some report from their law-givers, and being heard in return. But when the countermarch movement began, very little time was consumed by the crowd in transporting itself out of sight and hearing--individuals, and especially those who had been conspicuous in the movement, walking hurriedly, and with their heads down, as if to conceal an expression of chagrin that lurked in their countenances.
At sunset the situation was unchanged, the main streets emptying themselves of their human currents, in obedience to some suburban attraction at intervals, only to be filled next hour with the chaffering mult.i.tudes, who resumed their fatuous pursuit of the unknown quant.i.ty in the news-problem with the same heat that it had been undertaken in the early portion of the day. It was at this precise hour that the Governor was observed to leave the State-house, accompanied by two gentlemen of his staff, and walk hurriedly along Cedar Street, in the direction of the public square. The crowds seemed determined to place their own interpretation on this movement, and having a.s.sembled in large force at the point where College street intersects that along which the party were pa.s.sing, loud hootings were indulged in, and in forcing a pa.s.sage through the crowd, the obnoxious individuals subjected to rougher jostling than was thought to be required by the emergency. Turning to reply to some taunt volunteered from the crowd, one of the gentlemen lost his hat by a blow from behind, and was deprived of the gratification which he might otherwise have received upon relieving himself of a few sentences of eloquent invective, by a storm of derisive cheers, which drowned every other sound. At the next crossing the demonstration was equally as large, if not so aggressive, and when the official trio reached a neighboring building, and immured themselves within its walls, they doubtless looked back upon the reminiscence with feelings of relief. But from after developments, it may be inferred that they had no sooner felt themselves exempt from the perils which had lately beset them, than they entered upon a conference to devise ways and means of escape from their temporary fortress (for such the building in which they had taken refuge proved to be). This would not have been difficult of accomplishment, in any event, and the tactics resolved upon by the besieged rendered it comparatively easy of attainment.
In less than ten minutes the throngs, who had a.s.sembled with no more serious object in view than to gratify an idle curiosity, and express their unfriendliness to their taskmasters by the methods usually adopted, had been taken up by the absorbent elements of the crowd flowing newsward, and were no more. If the Governor's party had expected resistance of this character, they were to be deceived, for by the time the lamps were lighted, almost a calm pervaded that quarter; and when, a few moments later, the first of the party (who proved to be Governor Brownlow) left the building by a postern-gate in the rear, he was seen by none but the spies who had been set to watch. Hurrying along an alleyway, the honorable refugee had crossed two squares ere he emerged upon the broad street which led across an unfrequented portion of the city, to the vicinity of the mansion which he occupied. Halting here to reconnoitre and indulge a moment of quiet reflection, after the exciting events through which he had pa.s.sed, he was suddenly encountered by a form of the peril from which he was seeking to escape that had more than once been suggested to his fancy, but which now presented itself in such palpable outline, and with an att.i.tude so positively menacing, that his courage forsook him for the moment, and he recovered from the manner of a suppliant just in time to save himself from a very humiliating scene. The _thing_ in question was an ugly and even frightful embodiment of the genus Ku-Klux, which, having been successful in its contemplated surprise, was very naturally disposed to dictate terms to its victim. As no violence was intended, it had time, however, for but a few tragic sentences, adopted from a repertory prepared for the occasion, before the frightened official had recovered his wits and his Greek.
Raising himself to his full stature, the Governor denied the a.s.sumed ghostliness of his interlocutor in these precise words: "Do you not know, fiend, that I possess the authority to have you shot or hung, and that I am strongly persuaded to exercise it?"
To which the "fiend" retorted in the following laconism "But how many suns, O man! would look upon the deed unavenged?" and realizing that they were quits, the parties to this amusing by-comedy went their respective ways.
The report of this transaction reaching the public ear via the sensation-mongers, a few hours later, it was taken up in its amended form and bandied about the coffee houses and street-corner gatherings until it finally lost all proportions, and at nine o'clock, precisely, was guilty of sending an old gentleman to bed, on the outskirts of the city, under the conviction that Governor Brownlow had been murdered by the Ku-Klux.
But though for twenty hours her streets had flowed with lava tides of that wild element of which mobs are made, and whatsoever was leonine in her temperament had been appealed to by rumors of war, that rode past on every breeze, somewhere in the "wee sma' hours ayont the twal," the last star had paled in the news' firmament without witnessing anything more tragical than may be found among the occurrences related in this chapter, and the tired city slept.
CHAPTER XII.
KU-KLUX HORRORS IN TENNESSEE.
The Klan Outlawed--A Price set upon the Heads of its Membership--A Rash Act of one of its Dens--Strong Provocations--Negro Insurrectionists Placed in the Jail at Trenton--Prisoners Wrested from the County Authorities by Two Hundred Men Disguised as Ku-Klux--Subsequent Ma.s.sacre--Detectives in Pursuit--Members of the Order Indicted--Efforts to Convict the Accused--Failure of Prosecution--Affair in Obion--Why these Horrors are Cla.s.sed as Twin Editions--Description of Madrid Bend--K. K. K. Transactions in this Remote Quarter--Planters' Jealousy--Message from Mr. J. to the Leaders of the Party--Cool Treatment it Received--The K.'s Declare their Intention of Punishing one of the Laborers on J.'s Farm--His Defiance--Arming the Blacks--A Fierce Skirmish--J.'s Flight--Ma.s.sacre of Fleeing Blacks--Eight Colored Men taken from the County Jail at Troy--Their Fate a Mystery.
In Tennessee, where the Klan took the form of a political party, which bitterly antagonized the Brownlow administration in every issue of government, the principles which it supported (despite the bad qualities inherent in its organization) gave it a success altogether unproportioned to the means employed. Notwithstanding it was outlawed by act of the Legislature, and a price set upon the heads of its membership, it continued to flourish long after Brownlowism had ceased to be an element in the politics of the State. But, after a comparatively uneventful history during the years which intervened, in the summer of 1874 a rash act of one of its Dens, located in Gibson county, in the western portion of the State, operated such a loss of influence to the body throughout the State, that it at once became ineffective; and here, in the autumn of this year, the latest remnant of the organization on Southern soil fell into disintegration, and ceased to exist.
A brief history of this transaction may prove not uninteresting to the reader, as it was one of the most daring and venal of all the acts of these regulators, and influenced national affairs as has no other local event within the present century. In a remote settlement in the eastern portion of this county, a party of negroes had organized themselves into a military company, which not only conducted night drills and made occasional raids into the surrounding settlements, but threatened that at no distant day they would devastate the neighboring country, and prove the heralds of an insurrection that would give the Southern country into the hands of their race. The whites in the immediate vicinity bore their midnight levies with tolerable resignation, and would, doubtless, have dismissed their taunts as meaningless, if these had not been supported by acts which left no doubt as to the warlike quality of their designs. They had proceeded so far as to procure arms and ammunition, and nominate a day for the threatened outbreak before any interference was attempted, and when this was finally resolved upon, it was effected quietly by arresting some of the more prominent conspirators at their homes. These parties were incarcerated in the county jail at Trenton, and though the feeling of indignation ran high in every portion of the county, it is believed that a resolution to drop the subject here, or submit to such meagre satisfaction as it was in the power of the courts to render in such cases, was general.
Such peaceful and eminently wise counsels were not to prevail, however, and on the night succeeding that upon which these prisoners had been committed to the county authorities for safe keeping, a large body of men (estimated at from two to three hundred), disguised as Ku-Klux, rode into the town, and laying siege to the jail, soon effected their object of taking from thence the alleged insurrectionists. In view of the formidable force employed, no resistance was offered, and the prisoners, being tied securely on horses, which had been provided for that purpose, were placed at the head of the column and conducted six miles from Trenton in an easterly direction. Here a parley was called, and some dispute arising as to what disposition should be made of the prisoners, they were commanded to make their escape, and at the same instant fired upon, the volley being repeated twice. Of the company of ten who were commended to this terrible fate, two were killed outright, two were badly wounded, and the remainder (disappointing the wishes of their captors, it is thought), made good their escape. The news of this event spread rapidly, and as it met with almost universal condemnation, a vigorous pursuit was organized, and every effort which a thoroughly aroused and indignant community would be likely to employ, undertaken to discover and arrest the perpetrators. Knowing that disaffection had existed among the raiders, and a large portion, if not a majority of their number, had refused to partic.i.p.ate in the ma.s.sacre, this clew was adopted by the authorities, and a detective force employed, which it was thought could not fail of success. Several days were consumed in the pursuit and investigation, and at the end of that time it was announced that one of the party had become "State's witness,"
and that a full expose of the affair would follow.
The faith that was reposed in this story shows how unequal was the estimate which the State authorities placed upon the resources and influence of their secret enemy, and how illy adapted to the ends in view was the machinery of prosecution employed by the courts in this and similar causes. The party who had professed a willingness to betray his a.s.sociates in this affair could only be prevailed upon to embrace a very small number in the accusations he made, and, at the subsequent trial, completely failed to sustain the points of the indictment which had been founded on his sworn admissions.
The arrests were made, however, and after a long and tedious contest between the State and Federal courts, regarding the subject of their jurisdiction--which could not fail to prove advantageous to the accused--the trial, or something which bore a resemblance thereto, was proceeded with. Viewing the resources of the two parties to the presentment, and the efforts put forth by each, it could not have been a success on any terms, and, under the existing conditions, proved a judicial farce of the first magnitude. The negroes who had made their escape from the scene of the ma.s.sacre, and who had held out promises that they could identify their would-be lynchers, failed to meet the tests which were imposed at the trial; and the State's witness, mainly relied upon, either could not, or would not, criminate his a.s.sociates beyond a few general statements, that would not have justified even a partial verdict. After a lengthy trial, pending which the State authorities put forth their utmost exertions to establish the guilt of the accused, it was announced that an _alibi_ had been proven in each case; and so ended the Gibson county horror.
In Obion, a county adjoining Gibson on the west, the details of even a bloodier affair than that recounted above were given to the public a few years earlier, but which, for some reason, never found its way into the courts. We give the outlines in this place, because these horrors, in view of the _locus in quo_, will always be cla.s.sed as twin editions in future histories of the Ku-Klux riots.
In what is known as Madrid Bend, a peninsular territory formed by a curve in the Mississippi River at its junction with Reelfoot Lake (which occupies the rear of the district), are situated a number of large farms, supporting hundreds of negro laborers, and here, as might have been expected, that doctrine of cause and effect, inversely applied, to which we have referred in a previous chapter, had its perfect work. On such soil the K. K. K. vine could not fail to prosper; and accordingly, at an early day, a Den was organized, which soon afterwards took upon itself the duty of regulating the affairs of the little kingdom. Loyal League meetings were broken up; carpet-baggers were requested to skip on brief notice; the enfranchised ma.s.ses were not permitted to vote too early, nor too often; but, what is sincerely to be regretted by the honest historian, called upon to chronicle these events, and the law-loving public at large, matters did not stop here. The weird brotherhood went further still, in enforcing their ideas of good government, and were wont, at those periods of the "calm, still night" when the queen of its realm did not exercise her beams too freely, to visit the neighboring farms, and, at the end of the lash, administer lessons in morals, social polity, etc. The "man and brother" was not permitted to offend in too palpable breaches of morals, even on his own territory, and certain home duties were strictly enjoined upon him. These _ex cathedra_ performances proceeded in fact to great lengths, and naturally gave dissatisfaction to the controllers of the farming interests in the Bend.
One of these, whom we shall designate as Mr. J., a large proprietor, who felt himself particularly outraged, in view of the fact that his farm had been several times visited in this clandestine manner, finally protested, and signified to those whom he regarded as the leaders of the movement his perfect ability to control his own affairs. No reply was made at the time, but not long after this one of the negro laborers on J.'s farm had the misfortune to commit a misdemeanor amenable to severe punishment under the K. K. K. code, and it soon after became apparent that the neighborhood Den would adopt the usual plan in meting out justice to the offender. Upon receiving this intelligence, J., seeing that his authority was not only set at nought, but defied, became enraged, and notified the parties that they must proceed at their peril, as he would arm the negroes on his plantation, and lead them in an effort to resist the proposed attack.
Unawed by this proclamation, the Klan made its dispositions, and at about twelve o'clock on the night designated, appeared on the scene. A fierce skirmish ensued, as was to have been expected. The negroes had not only been fully equipped, as their employer had threatened, but were stationed behind barricades, with which their wooden houses were lined, and hence fought to the best advantage. The attacking party, on the other hand, was compelled to occupy open ground, and so far from being shielded by the darkness, the relative situation of the parties adjudged that circ.u.mstance favorable to the enemy. The combat was a brief one, and under the conditions which they were forced to accept, could not have resulted favorably to the besiegers. They finally withdrew, having had one man killed and three wounded in this ill-advised affair. The negroes, on their part, suffered no loss whatever.
But the end was not yet, and while fortune favored the cause of the resisting faction in the skirmish of which we have given brief particulars, they must have realized, from their knowledge of their surroundings, that the blood which had been shed would be required at their hands. The scene, moreover, was remote from any garrisoned point whence they might have received aid from government troops in the event that the attack was renewed.
The news of the affair, as was to have been expected, spread rapidly, and as great excitement ensued, J., feeling the insecurity of his position, fled by steamer to Memphis, at the same time counselling the negroes to place themselves under the protection of the authorities. Troy, the seat of justice of Obion, was distant from the scene of rencontre about twenty miles, and thither, at an early hour of the day, the negroes, adopting by-paths and unfrequented routes, turned their steps. But despite the precautions against discovery which they adopted, their movements were closely spied, and before they had proceeded many miles a large force of their enemies was in pursuit. Riding at a break-neck speed, the pursuing party gained on them rapidly, and as they kept out flankers, in order that none of the party might be overran and thus suffered to escape, ten of the refugees were overtaken and put to death ere the raiders were warned that they were trespa.s.sing too far on neutral territory.
Eight of the eighteen succeeded in reaching Troy, and at their request were placed in jail, and a strong guard detailed for their protection.
Even these extraordinary precautions, however, proved unavailing, and on the first night of their incarceration a large force of disguised men invested the prison, and having intimidated the guard, carried them away prisoners. Further than this, no report has ever been given of the affair, but it may be guessed, with tolerable a.s.surance, that they shared the fate of their companions.
This affair created a profound sensation throughout the entire country, and to it, as much as any other single deed of the night-riders, are due those prompt measures on the part of the general and State governments which operated as such an emphatic check on their movements. Soon after this the Congress of the United States pa.s.sed a law virtually outlawing the body; and later, in view of certain phases of the subject which best adapted it to the special legislation of which they were capable, relegated the question to the State governments, reserving only the right to adjudicate such causes where States were indisposed to afford their citizens adequate protection.
CHAPTER XIII.
KU-KLUX LAW.
Any person, under color of law, etc., of any State, depriving another of any rights, etc., secured by the Const.i.tution of the United States, made liable to the party injured, 7034--Penalty for conspiring, by force, to put down the government of the United States, etc., 7035--Conspirator's doing, etc., any act in furtherance of the object of the conspiracy, and injuring another, liable to damages therefor, 7035--What to be deemed a denial by any State to any cla.s.s of its people of their equal protection under the laws, 7036--What unlawful combination to be deemed a rebellion against the government of the United States (obsolete), 7037--Certain persons not to be jurors in certain cases, 7038--Jurors to take oath; false swearing, in taking this oath, to be perjury, 7038--Any person knowing that certain wrongs are about to be done, and having power to prevent, etc., neglects so to do, and any such wrong is done, is made liable for all damages caused thereby, 7039.
_Act of the Congress of the United States. An Act to enforce the provisions of the Fourteenth Amendment to the Const.i.tution of the United States, and for other purposes._
ART. 7034. [1.] Any person, who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject, or cause to be subjected, any person within the jurisdiction of the United States, to the deprivation of any rights, privileges, or immunities, secured by the Const.i.tution of the United States, shall, any such law, statute, ordinance, regulation, custom, or usage of the State to the contrary, notwithstanding, be liable to the party injured in any action at law, suit in equity, or other proceeding for redress; such proceeding to be prosecuted in the several district or circuit courts of the United States, with, and subject to the same rights of appeal, review upon error, and other remedies provided in like cases, in such courts under the provisions of the Act of the 9th of April, eighteen hundred and sixty-six, ent.i.tled "An Act to protect all persons in the United States in their civil rights, and to furnish the means of their vindication," and the other remedial laws of the United States which are, in their nature, applicable in such cases.
ART. 7035. [2.] (1.) If two or more persons within any State or Territory of the United States, shall conspire together to overthrow, or to put down, or to destroy by force the government of the United States, or to levy war against the United States, or to oppose, by force, the authority of the government of the United States, or by force, intimidation, or threat, to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States, contrary to the authority thereof, or by force, intimidation, or threat, to prevent any person from accepting or holding any office of trust, or place of confidence, under the United States, or from discharging the duties thereof, or by force, intimidation, or threat, to induce any officer of the United States to leave any State, district, or place where his duties, as such officer might lawfully be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or to injure his person while engaged in the lawful discharge of the duties of his office, or to injure his property, so as to molest, interrupt, hinder, or impede him in the discharge of his official duty, or by force, intimidation, or threat, to deter any party or witness in any court of the United States from attending such court, or from testifying in any matter pending in such court, fully, freely, and truthfully, or to injure any such party or witness, in his person or property, on account of his so having attended or testified, or by force, intimidation, or threat to influence the verdict, presentment, or indictment of any juror or grand juror, in any court of the United States, or to injure such juror in his person or property, on account of any verdict, presentment, or indictment, lawfully a.s.sented to by him, or on account of his being or having been such juror, or shall conspire together, or go in disguise upon the public highway, or upon the premises of another for the purpose, either directly or indirectly, of depriving any person or cla.s.s of persons of the equal protection of the laws, or of equal privileges or immunities under the laws, or for the purpose of preventing or hindering the const.i.tuted authorities of any State from giving or securing to all persons within such State the equal protection of the laws, or shall conspire together for the purpose of in any manner impeding, obstructing, hindering, or defeating the due course of justice in any State or Territory, with intent to deny to any citizen of the United States the due and equal protection of the laws, or to injure any person in his person or property for lawfully enforcing the right of any person or cla.s.s of persons to the equal protection of the laws, or by force, intimidation, or threat, to prevent any citizen of the United States lawfully ent.i.tled to vote from giving his support or advocacy, in a lawful manner, towards or in favor of the election of any lawfully qualified person as an elector of president or vice-president of the United States, or as a member of the congress of the United States, or to injure any such person in his person or property, on account of such support or advocacy: each, and every person so offending, shall be deemed guilty of a high crime, and upon conviction thereof, in any district or circuit court of the United States, or district or supreme court of any Territory of the United States, having jurisdiction of similar offences, shall be punished by a fine not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, as the court may determine, for a period not less than six months, nor more than six years, as the court may determine, or by both such fine and imprisonment, as the court shall determine. (2.) And if any one or more persons engaged in any such conspiracy shall do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby any person shall be injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the person so injured or deprived of such rights and privileges may have and maintain an action for the recovery of damages, occasioned by such injury or deprivation of rights and privileges against any one or more of the persons engaged in such conspiracy, such action to be prosecuted in the proper district or circuit of the United States, with and subject to the same rights of appeal, review upon error, and other remedies provided in like cases in such courts under the provisions of the Act of April ninth, eighteen hundred and sixty-six, ent.i.tled "An Act to protect all persons in the United States in their civil rights, and to furnish the means of their vindication."
ART. 7036. [3.] In all cases where insurrection, domestic violence, unlawful combinations or conspiracies in any State shall so obstruct or hinder the execution of the laws thereof, and of the United States, so as to deprive any portion or cla.s.s of the people of such State of the rights, privileges, immunities, or protection named in the Const.i.tution and secured by this act, and the const.i.tuted authorities of such State shall either be unable to protect, or shall from any cause fail in or refuse protection of the people in such rights, such facts shall be deemed a denial by such State of equal protection of the laws of the United States, to which they are ent.i.tled under the Const.i.tution of the United States; and in all such cases; or whenever any such insurrection, violence, unlawful combination, or conspiracy shall oppose or obstruct the laws of the United States, or the due execution thereof, or impede, or obstruct the due course of justice under the same, it shall be lawful for the President, and it shall be his duty, to take such measures, by the employment of the militia or the land and naval forces of the United States, or of either, or by other means, as he may deem necessary for the suppression of such insurrection, domestic violence, or combinations; and any person who shall be arrested under the provisions of this and the preceding section, shall be delivered to the marshal of the proper district, to be dealt with according to law.