/I"' 37 i' 36 P 375 .P36 Copy 1 SELF-GOVERNMENT IN LOUISIANA. SPEECH OF HON. HENRY R. PEASE, OW IMISSISSIPFI, SENATE OF THE UNITED STATES, JANUARY 25 AND 2G, 1875. WASHINGTON: COVER NMENT PRINTING OFFICE. 1875. i SPEECH OF HON. HENEY R. PEASE The Senate having under consideration the resolution suhmitted hy Mr. Schurz on the 8th of Janiiary, diiecting the Committee on the Judiciary to inquire what legislation is necessaiy to secure to the people of the State of Louisiana their rights of self-government under the Constitution — Mr. PEASE said : Mr. President, the subject under consideration has developed one of the most reraai'kable, and I may say anomalous discussions known in the annals of congressional debates. On the 5th instant the Senator from Ohio [Mr. Thurman] intro- duced a resolution calling upon the President of the United States to inform the Senate whether any portion of the Army or any officer or soldier thereof had interfered, intermeddled, or in any manner con- trolled the recent organization of the Legislature of the State of Lou- isiana ; and, if so, by what authority such military intervention had taken place. For one week we listened to a series of speeches from the democratic side of this Chamber, arraigning the President before the American people and the world ; denouncing him as a tyrant who had trampled under his feet the Constitntion he had solemnly sworn to uphold ; as ruthlessly striking down the liberties of the jieople with the mailed arm of military power. Why, sir, from the fearful pictures drawn representing the dangers which menace our free institutions growing out of the President's action in Louisiana, characterized by one Senator as "worse than oriental despotism," by another .as "Ciesarism," I confess that I was somewhat startled, and felt like joining Senators in their righteous indignation and appealing to the American people to rise in their majesty and hurl the despot from his throne. The senior Senator from Delaware portrayed the President as having already folded around himself the robes of a military dictator, erected his throne, and, Crom- well like, ho might at any time march his soldiery into this Chamber and disperse the Senate. From the consternation depicted on the countenances of our democratic friends it seemed as if they had indeed seen the " mysterious handwriting upon the wall, " and that the days of the Republic were numbered. The President was not the only victim of this wholesale denuncia- tion, but vials of democratic wrath were poured out without stint upon the heads of the Secretary of War and the Lieuteuaut-General of the Army, the gallant soldier and noble hero, Sheridan. His dis- patch of ten lines, clothed not in the guarded diction of a statesman or of one learned in constitutional law, but in the language of a prac- tical soldier, had caused a howl from the White League bauditti of the South, a liiss from tlie coppevliead democracy of the North, and a general wail and chimor along the entire rebel line from Tammany to Texas. The anomalous feature of the whole proceeding is, that the charges preferred against the President, Ai'my officers and soldiers, and the wholesale denunciation of the republican party, were based upon rumors and partisan newspaper reports. There was not a republican Senator who was not ready and willing to vote for the resolution without interposing an objection, save in the matter of form or phraseology. The Senator from New York [Mr. CoNKLiNG] submitted an amendment so as to make the resolution conform to the phraseology usually adopted in resolutions of that character. I say we were not only ready and willing but anxious to obtain the information sought. We were not prepared, however, to adopt the plan ]nirsued by our democratic friends — that of condemn- ing the President or General Sheridan without a hearing. The resolution was adopted; and while the Senate was awaiting the response of the I'resident, the honorable Senator from Missouri introduced the pending resolution as the basis of an elaborate ora- tion, Avhicli the Senator informed us had been prepared in no parti- san spirit, but with calm deliberation and studied impartiality. The opinions thus formed, and digested in an atmosphere high above party strife, he proposed to deliver in mild and temperate language. Occu- pying a position serenely above the clouds which obscure the vision of less far-seeing statesmen, he had taken in the full situation at a glance, and been thus enabled to frame a judgment not to be influ- enced by any official facts, nor modified by a more comprehensive knowledge of the circumstances. He had tried the President, found the condemnation, and proceeded to pass sentence with judicial fairness, without a hearing and before conviction. Sir, I submit that the Senator's speech was more sweeping in its assumptions and more vindictive in spirit than any other democratic speech Avhich had preceded it in this dcbatt\ Why, sir, he openly assumed that the President had willfully violated the Constitution which he had sworn to obey and defend, and pronounced a malediction against him without a jf)t or tittle of official information; and this the Senator calls calm and dispassionate criticism upon the President's action. Such, sir, has been the character of this debate; such the animus that seems to have pnmipted it; such the spirit in which it has been conducted. And, sir, it is no exaggeration to say that the discussion has developed a degree of party passion, of partisan hatred, based upon prejudged opinions, and has been characterized by a measure of unfairness, bitterness, and recklessness of calumny that is- Avholly without precedent in the history of senatorial debate. Mr. President, I now pass to the consideration of the questions in- volved in tlic Louisiana case, with a profound sense of the magnitude and gravity of tl;e interests involved, particularly in its relations to the present and futuie welfare of the South. Tlie President of tlie United States, promptly responding to the resolution of the Senate, has laid before us his message. Tlie char- acter and tone of this message have been highly complimented by a distinguislied democratic Senator [Mr. Saulsbuuy] on this floor. All agree that it contains a fair and full response to the incjuiries l)rop()uuded by t'le Senate. Instead of any attemj)! being made by the President to interfere with the govenuneut ot- Louisiana, to interfere with tlie organization of a TiCgislature in tliat State, instead of an attempt to overthrow that State governnicnt by military interference, the I'resident did iiotliiiig more than Avas required of liim under the Constitution of the country and tlie oatli he has taken to support that Cur]iose, and many of the republicans rose and left the house in a body. * * * Tlu' excitenunt « as now very great. The acting speaker directed the serge;int-atarms to i)rivcnt the ingress or egress of members or otlicis, ami several exciting scuttles, in wliicli knives and jiistols were drawn, took jilace, and for a lew moments it seemed tliat bloodshed would ensue. * * * lic]>ublicans liad now generally witlidrawn from the hall, and united in signing a petition to the governor, stating their grievances and asking his aid. In view of these facts the governor of the State of Louisiana waa perfectly justiiied in using all legal means within the scope of his ])owers to preserve the peace, to see that the laws were faithfully exe- cuted. 9 I challenge any Senator on this floor who is learned in the law to show me that the President of the United States, in the exercise of the powers and duties devolving upon him as defined in the Constitution, did anything more or less than he was required to do. I challenge any Senator to show that General Sheridan, who seems to have been made the special target for White League venom and democratic denunci- ation, has transcended his powers or his duties, or that General Emory or General De Trobriand has disobeyed in any respect the law of the land. The whole question reduces itself to one single issue : Had the governor of the State of Louisiana the legal right to summon as a posse the military to preserve the peace in that hall and allow the Legislature to proceed under the laws of the State to organize ? Now, sir, I take the broad ground that the governor of that State had full authority to summon the military as a civil posse in snch an emergency to suppress riot and disorder or prevent a breach of the peace. As to the proposition that the governor, as the chief executive offi- cer of the State, and therefore chief conservator of the peace, had the right to issue such an order, we have only to presume that in doing so he exercised a power incident to his office in an exigency, of which exigency he is the sole judge, andwhich could not be properly met by the ordinary means within his reaehor under his control by calling out the posse comifatus, the jiower of the county. Notwithstanding it may be the general impression that the power to call out the posse comitatus is limited to sheriffs or their baililis, marshals, and officers of the like character, yet we have only to refer to the best commentaries upon the common law to find that such limitation upon the exercise of the power is not sustained by authority. In Bacon's Abridgment, which as an authority upon common law cannot be questioned, we find this power is not only allowed the sheriff, but is likewise given to his bailiff" or other ministers of justice; also a constable or even a private person may assemble a competent number of people in order with force to suppress rioters and afterward with such force actually to suppress them. So also we find that a justice of the peace who has just cause to fear a violent resistance may raise tlie posse in mak- ing an entry or detaining lands. In this authority we find that the power is not limited to slieriffs, their bailiffs, and officers of like char- acter, but extends to all ministers of justice, constables, and justices of the peace, and that a power, if not the same, equal in extent is given to tlie private citizen to sui)press riotous proceedings. No one after reading this autliority can for a moment doubt that the highest . executive officer of a State, sworn to uphold the law, can properly exercise it in an emergency or under circumstances which demand its exercise. It is not necessary to rehearse in this connection all the circumstances suiTounding this eventful crisis in order to show that the governor of Louisiana, in view of history as well as immediate .surroundings, was justified in concluding that a riot was imminent, that blood Avould be shed, and that the peace of that State was about to be disturbed. A committee of the House of Representatives rejjorted in relation to the massacre that took place in 1866 at New Orleans, as follows : The committee examined seventy-four persons as to tlie facts of violence and bloodshed upon that day. It is in evidence that men who were in the hall, terrified by the merciless attacks of the police, sou;iht safety by jumping from the windows, a distance of twenty feet, to the ground, and as tlieyjumped were shot by police or citizens. Some, disfigured by wounds, fought their way down stairs to the street, to be shot or beaten to death on the pavement. Colored persons at distant 10 points in tlie city, pcacoably pursuing their lawful business, were attacked by the police, shot, and cnuUy beaten. Men of character and position, some of whom ■were members and some sjiectators of the convention, escaped from the hall cov- ered with wounds and blood, and were preserved almost by a miracle fiom death. Scores of colored citizens bear fn.c;btf ul scars, more numerous than many soldiers of a dozen well-fought fields can show — proofs of fearful danger and .strange escape. Men were shot while waving handkerchiefs in token of surrender and submission. "White men and black, with arms uplifted, praying for life, were answered bj- shot and blow from knife and club. The bodies of some " were pounded to a jelly." A colored man was dragged from under a sticet-crossiug and killed at a blow. Men concealed in outhouses and anmiig iiilis of liinilier were eagerly sought for and slaughtered and maimed witliout remorse. The dead bodies upon the street were violated by shot, kick, and stab. Tlie face of a man "just breathing his last" was gashed by a knife or razor in the hands of a woman. An old gray-haired man, peaceably walking the street at a distance fi'om the institute, was shot through the head. Negroes were taken out of their houses and shot. A policeman riding in a buggy deliberately tired his revolver froiu the carriage into a crowd of colored men. A colored man two miles away from the convention hall was taken fiomhis shop by the police at about four o'clock in the afternocm of the riot, and shot and wounded in the side, hip, and back. One man was wounded by fourteen blows, shots, and stabs. The body of another received seven pistol-balls. After the slaughter had measurably ceased, caits, wagons, and drays, diiven through the streets, gathered the deaA, the dying, and the wounded in promiscuous loads, a Eolicemau in some cases riding in the wagon seated upon the living men beneath im. — Reports of Comtnittees, Mouse of Representatives, second session Thirty-ninth Congress, page 10. Sir, in view of such a history, in view of the fact that Governor Kel- logg knew the nature, the character, the revolutionary intent of the men who only a few days before had paraded the streets with arms in their hands and had made an attempt to overthrow the government — men who were the leaders and abettors in the riot of 1866 and of Sep- tember 14, 1874 — I undertake to say that the governor, knowing these facts, had there not been other and stronger evidence, would have had just cause to believe that danger, that riot, that bloodshed was im- minent. If there could be a case where the chief conservator of the peace would be authorized by law to summon the posse comitatus, it was this case. Not only this, sir ; the governor of Louisiana had" the history of that State for three or four years in his mind. He knew the character of the men who had been engaged in the terrible murder and slaugliter at Colfax ; he remembered the inhuman butchery of the men at Coushatta ; he remembered the terrible assassination of men in Saint Landry, and he remembered that in 1868, in the short sjnice of four or live months, according to the report of a committee of Congress who were sent there to investigate aft'airs in Louisiana, two thousand men had been murdered because of their jiolitical opinions. I read from the report of that committee : The testimony shows that over two thousand persons were killed, wounded, and otherwise injured in that State within a few weeks jiiior to the presidential elec- tion ; that half tile State was overrun liy violence ; midnight raids, secret murders, and open riot kept tlie people in constant terror until the republicans surrendered all claims, and the election was carried by tlic democracy. But, sir, the governor had more immediate proofs of the desperate intents of these men. During the sittings of the returning board they were constantly surrounded by armed and threatening bodies of men. Moreover, the press of the State teemed with tlireats, all looking to bloody work at the assembling of the Legislature on the 4th of January. I quote from General Sheridan's report to the Secre- tary of War, as follows : During the few days in which I was in the city piior to the 4th of January, the general tonic of conversation was the scenes of bloodshed that were liable to occur on that day, and 1 repeatedly beard threats of a.ssassinating the governor and regrets exjiressed that ho was not killed on the 14tb of Sei)tembcr last ; al.so throats of assassination of the republieau members of the house in order to secure the election of a democratic sjieaker. 11 In view of all these facts, I again ask, was not Governor Kellogg jiistitied, was it not his solemn duty to take every precaution, to resort to every means within his reach to preserve the peace and prevent bloodshed? And yet democrats holdup their hands in holy horror that United States military forces were on the ground and their assist- ance called in to act with the civil posse. I now proceed to hrietly cite high legal authority that will not certainly be questioned by our democratic friends, to the effect that the power of the governor as a civil magistrate may be properly exercised in calling upon a military officer of the United States and the troops under his command as persons subject to be called upon to act as jjosse comiiatus ; and, if so. General De Trobriand, when so called, was bound to obey. Referring to the same authority, Bacon's Abridgment, we find that all tbe citizens of the country except the decrepit, persons of insane mind, minors, and females are bound to obey. No title, no dignity, no office, is exempt. Again we find the extent of this call reaching every citizen. From high American au- thority I cite the opinion of one of the most learned and distin- guished members of the legal profession in this country. I refer to Hon. Caleb Gushing, and the 'authority I cite is to be found on page 473, volume 6, of the Opinions of the Attorneys-General of the United States. It is as follows : Tlie posse comitatris comprises every person in the distriet or connt_v above the ago of lifteen years, whatever may be their occuiiation, wlu'tlicreiviliann or not, and iu- chiding the military of all denominations — militia, soldiery, marines — all of whom are alike bound to obey the command of tlie shei ill' or marshal. The fact that they are organized as military bodies, under the immediate command of their own otli- cers, does not in anywise atl'ect their legal character. They are still tlie jjosse comi- iatus. This rule is also to be found in Lord Mansfield's Parliamentary His- tory, page aring njion the hall where they were assembled. This ■wasd(in(> in tlie interest and in the furtherance of slavery, and there never has been, to my knowledge, an instance where a democrat has 13 ever ceusured the action of the President on that occasion. I quote fiu'ther from the history of that proceeding : Colonel Sumner, acting under orders from "Washington, entered tlie house of rep- resentatives. The roll was called by tlie clerk, and this officer remarked that he was about to perform the most disiigiccable duty of his life, and that was the dis- persion of the Legislature. He .said liis orders were to disperse it ; and, in answer to Judge Schuyler, he said he should tiiiplDV all the force neces.sary to carry his orders into effect. ITo then entered tlie senate chamber, and in like manner dis- persed that body. — Wilson's Rise and Fall of the Slave Poiver in America, page 500. Federal troops were also repeatedly used to arrest fugitive slaves. In the city of Boston, in 1854, the United States marines were called upon to prevent the rescue of a fugitive slave. It was in reference to an event of this kind that Hon. Caleb Gushing decided that United States soldiers and marines could be used as the civil posse. In September, 1861, the Legislature of Maryland, a sovereign State occupying a normal relation to the Federal Government, was about to assemble at Annapolis, the capital of the State, and the following order was issued by General George B. McClellau which speaks for itself : Headquarters Army of the Potomac, Washington, September 12, 1861'. General : After full consultation with the President, Secretaries of State, War' &c., it has been decided to efl'ect the operation in'ojiosed for the 17th. Arrange- ments have been made to have a Government steamer at Annapolis to receive the prisoners and carry them to their destination. Some four or five of the chief men in the atfair are to be arrested to-day. "When they meet on the 17th, ymi will please have everything prepared to arrest the whole party, and be sure that umw escape. It is understood that you arranged with General Dix and Governor Seward the modus operandi. It ha.s been intimated to me that th<^ nu^eting might take place on the 14th ; please be prepared. I would be ghid to liave you advi.se me frequently of your arrangements in regard to this very important matter. if it is successfully carried out, it will go far toward breaking the backbone of the rebellion. It would probably be well to have a special train quietly lu-epared to take prisoners to Annapolis. Thus was the Legislature of Maryland interfered with by the mili- tary. Democrats complained of the action of the Government as illegal just as they are doing uow. But it went far to " break the backbone of the rebellion " nevertheless, and in 1864 these same democrats ran McClellan for President. So much for democratic precedent and democratic consistency. In v|ewof the apprehensions entertained by our democratic friends of the overthrow of constitutional liberty in this country, by Federal usurpation and aggression upon the rights of the States, it is a singular fact that they see no danger in organized eftbrts to strike down the fundamental franchise-of an American citizen, the right to express at the ballot-box his views upon all questions of public policy ; they see no danger to republican institutions from lawless minorities w^ho by means of fraud, violence, and intimidation suppress the voice of the majority-.-see no danger in the anarchical tendencies, the revo- lutionary spirit which pervades many of the Southern States. Sir, Xiermit me to say that if ever this Republic is destroyed, the historian will record that the seeds of dissolution were sown in the gradual encroachments upon the rights of the citizen at the ballot-box. Sir, in all their terrible arraignment we find no count in the in- dictment against revolt, murder, and assassination; not a word of censure has fallen from the lips of any democrat in this debate against the gang of murderers who inhumanly butchered the parish officers at Coushatta, or the fiends wiio slaughtered men by the score at Colfax : not a word of condemnation luive we heard of the White 14 League revolt in New Orleans on tbe 14tli of September, in which citizens and public officers were murdered, the archives of the State seized and plundered ; no censure upon the revolutionary action of the usurper, Wiltz, in his attempt to use the military of the United States in the furtherance of his revolutionary designs ; but on the contrary, (and regret that I am compelled to say,) that partisan feeling haa led Senators on the other side to offer extenuations and apologies for treason, revolt, domestic violence, murder, and the most diabolical outrages known in the annals of crime. Sir, I was astonished that an American statesman, a Senator, coiild stand in his place in the American Senate, and in the face of the offi- cial information by the President of the United States now before us, extenuate or apologize for the lawlessness that obtains in the State of Louisiana. I listened Avith close attention and with mingled pleasure and dis- appointment to the splendid display of forensic oratorv afforded the Senate by the distinguished Senator from Missouri [Mr. SciiURZ] in his speech in support of the pending resolution. I am not insensible to the lofty character and patriotic tone of his brilliant utterances. I con- gratulate myself and the Senate that while the honorable Senator referred to the adventurers at the South by way of extenuation for treason and revolution and crime, he had too much self-respect to indulge in the usual diatribe against carpet-baggers or give utterance to the wholesale slander and sweeping denunciation against those who after the war sought homes in the South and saw proper to en- gage in the political work of reconstruction. Perhaps the honorable Senator does not indorse the oligarchical theory that only those are entitled to a voice in public altairs who are "to the manner born," or who subscribe to the dogmas of the secession democracy. But for a more enlightened civilization, a more comprehensive statesmanship, the people of Missouri and the Ameri- can Congress would have been deprived of the service of a brilliant statesman. True American civilization, and the narrow, bigoted, sec- tional pride which refuses to recognize any merit outside of the landed aristocracy of the South are widely different, and I am happy to know thiit the honorable Senator has heretofore subscribed to the former kind of civilization, and per co))scqt(eiitia his place in this body will soon be lilled bj' a representative of quite another type of political philosophy. ^ Secession democracy, however much it may profess to have been modified, liberalized, or if you please Greeleyized, has no high appre- ciation of services, however brilliant and patriotic they may be, if as in the Senator's case the public servant should at s«)me period of his politi- cal life have deserved well of his country for another and a more commendable service than an apologist for treason and revolution. The eminent Senator has a record which Bourbon democracy can never fully indorse or forget. I remember when I first engaged in politics, among the first politi- cal documents that I ever read, and I road them with great pleasure, were the speeches that fell from the lips of the distinguished Senator in defense of universal liberty, and against an oligarchy of a million of men controlling thirty millions. Sir, the history of the honorable Senator is such upon the great questions that have agitated the Amer- ican people for the last decade, that secession democracy at the South or their allies at the North will never, never forget the Senator. Mr. President, I desire to present some of the views of the Senator on these very (inestions as expressed in a report that was submitted 15 by him a few years ago relating to the condition of the South, a most masterly report describing every form, feature, and phase of the con- dition of the South then existing and prospective. In reading this report I was struck with the prophetic utterances of the distinguished Senator. I will read one that struck me with great force, in rela- tion to these adventurers or carpet-baggers that have brought upon the South, as the Senator would have us believe, much of the present difficulty. Here are some of his views in relation to " adventurers " in the South in 1865 : A temporary coutiniiation of national control in the Southern States would also haveamostbeueticial etfectas regards the immigration of northern people and Euro- peans into that country; and such inmiigration would, in its turn, contribute much to the solution of the labor problem. Nothing is more desirable for the South than the importation of new men and new ideas. One of the greatest drawbacks under which the southern pisople are laboring is that for fifty years they have been in no sympathetic communion with the progressive ideas of "the times. While profess- ing to be in favor of free trade, they adopted and enforced a system of prohibition, as far as those ideas wei-e concerned, which was in couflict with their cherished institution of slavery ; and, as almost all the progressive ideas of our days were in conflict with slavery, the prohibition was sweeping. It had one peculiar effect, which wo also notice with some Asiatic nations which follow a similar course. The southern peo])le honestly maint.ained and believed not only that as a people they were highly civilized, but that their civilization was thehighest that could be atiaiuid, :uiai'ous peculiarities of their social organiza- tion ; but very few ever dared to inve.stig;it<' and to expose the true cause of these evils. Thus the people were so wrapped up in self-admiration as to be inaccessible to the voice even of the btst-intentioned criticism. Hence the delusion they in- dulged in as to the absolute sujic liority of their race — a delusion which, in spite of the severe test it has lately undci-iione, is not yet given up, and will, as every trav- eler in the South can testify from experience, sometimes express itself in singular manifestations. Yes, sir, "singular manifestations." It has been expressing itself, I say to the Senator, for the last four or live years in most singular manifestations. It has expressed itself in the mo.st cowardly, in the most dastardlj' nuirders and assassinations that have ever charac- terized any nation in the history of the world. Men claiming to belong to the cliivalry of the South have armed themselves and covered their cowardly carcasses with disguises, and under the cover of night, in bodies of from twenty to one hundred, have visited the lone cabin of a negro and taken him out and beaten him until he died because he had the mauhood to accept what the Senator himself advo- cated and the American Congress had given him — the right to vote. Another singular manifestation, because a man happened to be born north of the Ohio River and brought np and educated to indorse the ideas of American civilization, believe in free locomotion, believe that a man was a man if he had the elements of manhood about him, virtue, intelligence, and honesty — I say because men entertain these views they are tabooed, proscribed, and ostracized. There are some very choice sentiments in this report. I read a sen- timent to be found on page 5 of the document : The incorrigibles, who will indulge in the swagger which was so customary be- fore and during the war, and still hope for a time when the soutliern confederacy will achieve its independence. This class consists mo.stly of young men, and com- piises the loiterers of the towns and the idlers of the country. They persecute Union men and negroes whenever they can do so with impunity, insist clamorously upon their "rights,"aud are extremely impatient of thepreseuceof theFederal sol- diers. I desire to say to the Senator that the condition of things which he found in 18t)5 obtains in 1875. I regret it ; nothing is more pain- ful to me, representing as I do in part here to-day a constituency 16 made up largely of this class of men ; but the truth compels me to confess that this condition of things obtains to a greater or less ex- tent throughout the entire South. Men talk about their rights. You cannot lind one among the unrepentant secession democrats, who only a few years ago marshaled themselves together to overthrow the Con- stitution and to destroy this Government and trample her flag under foot, who is not to-day holding up his hands in horror because the governor of Louisiana summons a portion of the Army to aid as a posse in preserving the peace and preventing a riotous mob of con- spirators from usiu-ping the powers and prerogatives of a Legislature. These patriotic admirers of the Constitution and laws of the coun- try now appeal to Congress and the American people for sympathy ! And as these invocations go up from the secession democracy of the South they are met with a hearty response from every "copperhead"' democrat at the North, until the country resounds with manufactured clamor. When this clamor was raised a few days ago every secession democrat and every copperhead who have through the virtue and patriotism of the American people during and since the war been obliged to hide their faces in shame, when this grand coiq) cVetat was l)romulgated, appeared at the front and are attempting to alarm the American people with a hjqjocriticalcry about the overthrow of repub- lican institutions in this country, because, forsooth. General Sheridan has assumed command of the troops in the city of New Orleans and in the brusqueness of a soldier telegraphed to the President that if he or Congress would give him the authority he would put a stop lo murder and assassination in the South. But I have a little more of this literature furnished us by the dis- tinguished Senator. On page 7 we find the Senator saying : I have read iu southern papers hitter complaints ahont the unfriendly spirit exhibited by the nortliern people, complaints not unfrequeutly flavored with an admixture oiE vicforous vituperation. That is very elegantly put. From personal experience I can verify the truth of this admixture of "vigoroits vituperation." Every man who has the manhood to declare his political sentiments, if perchance they happen to difter from the old slave-holding oligarchy of the South, is denominated a carpet-bagger ; "if he happens to have been born north of Mason and Dixon's line, he is denominated by the i)ress of the country and the jieople of the country as an intruder, and charged as having left his country for his country's good." They are called " penitentiary convicts," "thieves," "incendiaries." That is the kind of vigorous vituperation which a northern man meets if he happens to be a republican. And a southern man who, when these "tire-eating" democrats in their madness undertook to overthj-ow the Government and destroy the South, had the courage to stand up and say he was opposed to their rash and suicidal policy, and had the patriotism to stand by the old tlag, is persecuted and denounced ; such men are murdered by cowardly midnight assassins, by the very class of men of whom the Senator speaks as indulging in this kind of " vigorous vituperation." But he says : Ah far as my experience goes, the "unfriendly spirit " exhibited in the North is all mildness aiul alffction compared with tlic jilipuhir temper which in the South vents itself in a variety of ways and on all possilde oceasicms. No observing nortliern man can come into contact willi the dillcrent classes composing southern society without noticing it. But the S(!nator will say, "That was the condition of things imme- diately after tlie war. It is diflcrent now." I undertake to say that 17 wliile these seutiinents obtained in 18G5, tliey have been growing worse and worse from that day to this. I will read another extract or two, and then pass from this valuable historical document. He says : There are two piiiuipal points to wliieh I beg to call your attention. In the first place, tlierai>i(l ictuiii to iiowcr and iiiMiunce of so many of those who butreceutly were engaged in a bitter war against the I'nion has had one etiect which was cer- tainly not originally contemplated by tlio Government. Treason does, under exist- ing circumstances, uot appear odious in the South. I desire to say to the Senate that the same sentiment obtains to- day. It is not odious with a certain class of people to declare and to maintain that the amendments to the Coustittition of the United States — I refer to the thirteenth, fourteenth, and fifteenth articles of amendment — are no part of the Constitution ; that they are frauds, conceived in iniquity and carried forward in fraud; that, while they are obliged to accept them, whenever the time shall come that they get the power they propose to make these amendments practically a dead letter ; in other words, they propose, if necessary, to revolu- tionize the country and set at naught the coustitutional amendments. "Treason is not odious." In this connection permit me to submit the following, which I quote from the statements and speeches of the leading southern statesmen who subscribe to the doctrines of the democratic party : Three years ago Hon. Alexander H. Stephens said he believed " all of the reconstruction legislation of Congress to be unconstitu- tional, fraudulent, and void." The thirteenth amendment he admitted to be valid, because it had been ratified by the rightful governments of the Soxithern States — the governments dejure, and not the govern- ments de facto afterward established by bayonets. The fourteenth and fifteenth amendments he claimed were no part of the Constitu- tion, because their pretended ratification had been eft'ected by force and fraud. In assuming iiolitical control of the Atlanta Sun, democratic, ho A chief object will be to show, by calm and argumentative appeals to the good sense and patriotism of the true friends of the Constitution. North as well as South, that any departure from the essential princijiles of that platform will bo exceed- ingly dangerous, if uot fatal, to the liberties of the whole country. The platform referred to above is that adopted by the democratic national convention of 18G8. Kobert Toombs, formerly United States Senator, afterward a cabi- net officer in the confederate congress, when asked if he wouhl sup- port the new departure of the northern democracy as expounded by Vallandigham, replied : Kever. I would sooner vote for Horace Greeley than for any democrat upon such a platform. And declared finally — That the people of the South could never be brought to accept the constitutional amendments as finalities, and if the democratic party took that ground they would hiive nothing to do with that party. We n\ ill fight you again Just as soon as_ wo can get readv, and I believe wo can get ready nnich sooner than most people think. I think the South will attempt another war.'and I believe I shall live to see south- ern independence. Our ijeople are losing the hope that they will see Shiloh in their day, but they are training their children to take up the work. On the 25th of May, at Augusta, Georgia, Jefi'erson Davis, who owes his life to the clemency of the Government, thus characterized the people of the North : Filled with that jealousy which springs from the knowledge of their inferiority and of the justice of your i)roteu.sious, aud conscious of broken covenauts aud a vio, 2q 18 latcil Constitution, they mistrust every movement anil tremble with fear when they think that right may again prevail. But wrong cannot always be triumphant. I will say nothing^ and yoir must tlo nothing, even though tyranny oppresses griev- ously upon you. Forbear for a season, and a day will come when all will yet be well. I may not nor may some of you live to see it, but it is surely coming. He who reigns above and lives always will see that justice is done. He will not allow the wicked to always remain in i)ower, nor the righteous to be oppressed. We can wait until that day comes, and in the mean time be quiet. 'Tis an old and wise say- lug, that "a good biting dog never barks much." In a speech at Atlanta lie said : I am not of those "who accept the situation." I accept nothing. These cant phrases that we hear so much of about "accepting the situation," and about our rights having been submitted to the " aibitrament of the sword," are but the excuses odf cowards. I admit that power prevails over truth. I admit that power is so great that it would be folly to resist it; and therefore I am in favor' myself of being acquiescent, and I advise you to the same course ; but I do not admit that our rights have ever been submitted to the arbitrament of the sword. Who has the power to submit your liberties to the arbitrament of battle ? You never delegated that power to your representatives. I, as your executive, never claimed it, and never, dying or living, will I admit it. And then, my friends, about the much- talked-of subject of "accepting the situation." Ton are not called upon to acknowledge that you have done wrong unless you feel it. I don't believe I did any wrong, and therefore I don't ackuoVvledge it. General Leslie, a leading democrat of Kentncky, like Jeff Davis, "accei^ts nothing." In a stnmp speech he said : As to the thirteenth, fourteenth, and fifteenth amendments, I nni nut and out opiiosed to them. I care not who in Indiana, Ohio, or ilsewliero may be for them. Those amendments were iugrafted upon tlui Coustitiitioii of the country and pro- claimed to the country as part and parcel of theCouslitution by force and by fraud, and not in tlie legitin'iate wa.y laid down in the ('(institution. Ten States of this Union were tied hands and feet, and bayonets wcie iiicscnted to their breasts to make them consent against their will to the passnge of these amendments. The procuring of these amendments was a fraud upon this people ami uiion the people of the whole United States ; and having thus been obtaineil, 1 hold they ought to be repealed. There may be some democrats who are not for their repeal, but the great body of our partj' is for it. A prominent Georgia democrat introduced Mr. Davis at Augusta, and in doing so said: History will vindicate you. I know that you are not rash. Ton did what you could to save the Eepublic, to promote peace, to adjust the quarrel. I do not now propose to review the dread drama th.-it closed in the overthrow of the southern cause. That is not a lost cause. It is the cause of constitutional liberty, and will yet triumph. The Vicksburgh (Mississippi) Herald says: The southern people have endured long enough. The democrats North have no special claim upon us. Now that the shoe pinches at home many of them want the South to come forward and aiil in arresting tlie military despotism of Grant, whicli lias for its object tlie ])crpetuation of the republican party. Mr. Davis is a representative man of the South ; by him we are ready to be judged in the future. The Memphis Appeal is especially outspoken. It says : When we assert that the constitutional amendments, except the thirteenth, are odious and will be rescinded whenevci' a convention of the States or absolute demo- cratic power in the Government may render the consuiniition possible, we tell the .simple, unvarnished truth. * * * We are for the lawful repeal of unlawful mockeries of constitutional law. In corroboration I read further from the honorable Senator's report : The people are not impressed with any sense of its criminality. And, secondly, there is as yet among the southern people an utter absence of 7iational feeling. I made it a bii.siness, while in the South, to watch the .symptoms of returning loyalty as they ap|i<:ire(l not only in private conversation, but in the public press and in the s]i'eeclies dili vercd arid the resolutions passed at Union meetings. Hardly ever was thei-e anexiiression of hearty attachment- to the gri'at Uei)uldic, or an ii])i)ealto the impulses of patriotism; liut'wlirnever suhinissioii to the national authority was declared and advocated, it was almost uniformly placed upon two principal grounds : 19 That, under present circnrastances, the southern people could " do no better ; " and then that submission was the only means by which they could rid themselves of the Tederal soldiers and obtain once more control of their own affairs. I desire to say to the Senator that the same sentiment obtains to- day, and that this whole effort now being made at the South is to carry out that very programme. We have read in the press of the country of the patriotic and Christian advice sent to some of the rash revohitionists at the South. I rccoHect reading a few days since some advice given to the rioters in New Orleans from one of our distinguished Senators. He said, " Bear it all ; suffer on ; do not at- tempt to resent your injuries. Your very sufferings, your martyrdom, is coming up before the American people ; it is reaching their sympa- thetic hearts, and in a short time, if you will only keep quiet, you will be restored again to power, and then all Avill be well." That was the substance of the advice. It is simply a policy of "stooping to conquer." But the object and aim of these revolutionists is to get power and the control of those State governments. The American people may attempt to avoid the issue, but it is inevitable. Recent movements at the South mean revolution ; mean destruction to this Republic by breaking down the foundations upon which it rests — the right of the majority to rule. I will pause to read an extract from a letter recently written by Bishop Haven, of Georgia : Papers of the ability of the Times and Tribune, gentlemen of the culture and breadth of Abel Stevens and .James Freeman Clarke, arc only specimens of the general surrender in whole or in part of the northern mind to the Geor{,fia domina- tion. This surrender bids fair to bring forth fatal fruit. It may lead to a recapture by the captured of the whole result of the war. It is the set purpose of the whole South to recover what it has lost— the government of the nation ; and to recover this without any more surrender of their old claims than is possible. Alexander Stephens declared just at the close of the war that what they had lost on the held they would recover in Cnn-ircss, even as Cromwell's rebellion suc- ceeded in the revolution of '88. The present governor of Georgia, declares that under their present constitution feudalism, or the control of labor and the laborer, can be completely secured. . . , , . The wortfs these leaders utter the white South feel. They are unanimous in this desire and purpose. Of course I exclude from this unanimity the men who stood by the Union and still stand by the ideas that Union involves. They propose, by a system of intimidation in some instances and by a system of quiet acquiescence in other places, to get into power. All these agencies they propose to use to get control of the Govern- ment ; and when the time comes, and it is not far distant unless the American people arouse themselves to the danger that menaces the country, when in a short time fifteen of these States will be in the hands of men who are inimical to this Government, who have no more sympathy with free government than they had ten or twelve years ago — men who have been inaugurating and pushing forward in their political policy at the South the doctrine that the amendments to the Constitution that gave freedom to the negro, that gave him the right to vote and that protect him in all his rights, imnumities, and privileges as a citizen, they will abrogate these amendments to the ConstitiUion ; they will place the negro in his " normal place," make him a "hewer of wood and drawer of water" for a "superior race." That is their purpose, and when they control fifteen States of this Union with one or two Northern States they will have, as they had before the war for fifty years, the control of this Government. They made then the American Government kneel down to the Moloch of slavery, and tliey will make it, if they get control again, bow down 20 to the secession democracy of the South. There is another sentence^ iu the Souator's report that I will read, which is proplietic: As to the future peace and liarmmiyof tli(> UiiioTi, it is of the liiLrliest importance that the people lately in rebellion br nut ]nTiiutti-il to Imild uii another "peculiar institution" whoso spirit is in contiict with tlie tinidaniental principles of our po- litical system ; for as Ions -is they cherish interests ijeculiar to them in preference to those tliey have in common with the rest of the American people, their loyalty to the Union will always be uncertain. The distinguished Senator never uttered in his life a truer senti- ment or made a truer statement than that. That is the true solution of the question to-day. It is tlie want in tlie Soutli of loyalty to the Government, and sj'mpathy with free government. The people of that country do not "accept the situation;" they do not regard the revolution as having settled the old political heresy of "State sovereignty." They expect and are entertaining the hope that sooner or later they will reinstate that doctrine, and control at least fifteen of these States under the idea of the independent sovereignty of a State. But, sir, from the speech of the distinguished Senator, we are bound to conclude that ho has changed his views, that he has faced about and counsels us to do liliewise. Under his political teachings the State of Missouri has been turned over to the secession democracy and he would now have the republi- can party deliver Louisiana bound hand and foot over to the White League banditti. There were many sentiments expressed in the Senator's speech which I fully indorsed. I admired its lofty, patriotic tone. It was as a whole an excellent homily on the well-established principles of republican government. But when the learned Senator had linished his eloquent thesis on constitntioual liberty, I felt con- strained to suggest to him that a government of the people for the peoi)le and by the people is no utopianism. Mr. President, just as the American people were congratulating themselves upon the practical application of this theory of govern- ment to all the States, when wo were flattering ourselves that prac- tically the doctrine of State sovereignty which had l)een fostered by an oligarchy of slave-owners in fifteen States of this Union was obso- lete, blotted out by the sword, the work of reconstruction and the restoration of the insurrectionary States upon the basis of universal sitfi^rageand the majority rule had been completed, we find ourselves confronted with a gigantic conspiracy to overthrow these govern- ments and re-establish the oligarchical or minority rule. I refer to 1870 ami 1871, when we were confronted by the conspiracy known as the Ku-Klux organization. The history of that organization has be- come familiar to every American. No man who is acquainted with the history of his country will deny with tlie facts we have before us that at least half a million, (for this is the statement of the chief Cyclops of the organization — I refer to General Forrest of Fort Pillow notoriety) — men were organized in those bands with the object of get- ting control of the State governments by intimidation, by mitrder, and by all kinds of crime. Why, sir, in the history of this world tliere never was such a drama presented as the career of that Ku-Klux organization in the South for a period of three years and mitil Congress acted, imtil the republican party became aroused to the magnitude of the conspiracy. Congress halted just as they liave in the last two years on this question of the South, until it became so notorious, until the blood of thousands of men bad ascended to tlH< " Lord of Sabbaotli," until the American people began to feel that iu the name of Cluiatianity and of hitmantty 21 tbe people of the South, the poor negro, and the northern soldier and the southern Union man must have some protection for life, liberty, and property, you concluded finally to give ns a law that would hunt out these assassins and punish them in the United States courts, and you allowed the Government to use the military to arrest them. No sooner was it done than this revolution, this conspiracy was broken up. When once it is disbanded, lo ! we are confronted with another organization of the same intent, with the same purpose. It is the same old organization revamped, but with more power, and more \'iolent and determined in its purposes, because of the sympathy it receives from the northern democracy, by having on this floor apologists for their assassinations and murders. Men who complain of high taxes and of being plundered of their property because of the infamous radical negro rule can find money enough to buy muskets to arm these White Leagues ; they can contribute of their pittance hundreds and thousands of dollars to organize and arm these bodies of men whose object is to overthrow those governments and ultimately to destrov this Republic. Mr. TH'URMAN. Will the Senator allow me to interrupt him ? Mr. PEASE. Yes, sir. Mr. THURMAN. The Senator has said that assassination and mur- der have apologists on this floor. I demand of the Senator to name an apologist for assassination and murder. Mr. PEASE. I perhaps ought to qualify that remark. I have not heard a Senator stand in his place and advocate murder and assassi- nation, but I have heard, and the country is aware of the fact, that the speeches w^hich have been delivered from that side of the House have been treating lightly the subject of murder and assassination. When we cite you cases numbering hundreds of ]ieaceable, quiet, iuofl;ensive citizens who have been stricken down at midnight, Avho have been murdered in the day-time by your political organizations, you say it is a "radical outrage-mill" gotten up for political pur- poses, 'when we point you to Trenton, when we point you to Cou- shatta, when we point you to New Orleans, "0!"you say, "this outrage business is played out." If that is not a kind of apology for crime, for assassination, I know not what it is. When the facts ■were presented by the distuiguished Senator from Indiana, [Mr. Morton,] particularly when lu: said that mur(li- uttered a truersentimcjit.) I say when th(\y have finished their ])olifical work, they will turn to cutting the throat of the citizen, murdering him or liis uio'.icv. Tliat is tlie tendcncv of this tiling: and if these 23 pi'ecedents are allowed to go on nnuoticetl; if a band of insurrection- ists, a band of rioters, can overturn a government in a day ; if a mi- nority can rule the majority, and it is winked at by the American Congress, how long will it be before yon will have the same sort of thing iu your own democratic ranks ? Some ambitious candidate will say, "I received a majority of the votes ; there has been some fraud iu the returning board," and he will arm his clan and overturn your government, and you will lind yourselves iu the condition of Mexico and the South American states. It devolves upon the Ameri- can statesman, it devolves upon every patriot, to look this question square iu the face ; and it is the duty of the American Senator, the American Eei)resentative iu this Congress, to meet it. If further leg- islation is needed, let us have it ; but I can say to you, sir, from my knowledge of the situation, all that it is necessary to do is to let the American people know and feel that there is patriotism, that there is virtue enough left in the republican party, the party which preserved this country through four years of internecine war, carried it through that terrible struggle, to defend it and to secure the glo- rious achievements of universal freedom in this country. That is all we want. Let that be announced, and white-leaguers will hunt their holes and their syuipathyzing copperhead democrats at the North will retire, and we shall have peace and quiet and order iu the South. This body of meu have adopted the policy by whicli Avhen they are unable to vote down they propose to strike down with the hand of the assassin. These assassins, these bands of conspirators, these revolutionists have the audacity to come up before the country and ask the American people, ask the American Senate, to surrender to them. Why, says the distinguished Senator from Virginia, [Mr. Johnston,] " Let us alone ;" " let us have our way ; " let us revolu- tionize Arkansas, let us overturn Louisiana ; let us, as a minority, overrule and destroy the rights and privileges of the majority. Let us aloue. Ask us to surrender ! Are we prepared to follow the hon- orable Senator from Virginia and accede to his demands ? Surrender what? The State of Louisiana to the democratic party. That of itself would be a small matter, iu fact, a heavy burden woiild be taken from us, for a burden it has been indeed. Warmoth had bank- rupted the State, and then, under the leadership of the distinguished Senator from Missouri, saddled the republican party with all the dis- aster and reproach of his maladministration, while he sought refuge and was received iu the very bosom of the democracy. Sir, before we make terms of capitulation to the enemy let us fully understand what it involves. In the lirst place, it will involve the cowardly surrender of a fundamental principle of our rexsresentative form of government, namely, the right of the majority to rule. Sec- ond, it would involve the sacritice of all the glorious achievements of the war, universal liberty, and equal protection for all iu their per- sonal and political rights. I apprehend that the American Senate is not ready to accept such ignominious terms, or so utterly lost to every sense of justice and patriotism as to turn over a State government into the hands of the worst set of political banditti known in the annals of any government. In the langiiage of the honorable Sena- tor from Missouri, we might well say, "that it would furnish unmis- takable indication of the decline of free institutions in America." When the American people are so lost to patriotism, so lost to that fidelity which every American should exercise toward his coimtry that we will surrender the achievements of the great war of the rebell- ion, costing its millions of treasure and its rivers of blood — when wo 24 are ready to surrentler that, I say, we may well exclaim iu tlie language of the distinguished Senator that "free institutions are on the decline and will soon fall to rise no more." I will go as far as the Senator in the maintenance of constitutional liberty, both iu form and iu essence ; but I do not appreciate that kind of liberty which is not regulated by law. I fail to see any excel- lence in that kind of self-government where a minority, by means of the pistol and the bowie-knife, riot, murder, and assassination, subverts the Avill of the majority. I do uot envy the reputation or covet the glory that attaches to any Senator who stands in his place in the American Senate and defends a policy which shields treason, revolu- tion, and the whole catalogue of crimes, and strikes down those sub- lime safeguards of personal and political liberty secured in the four- teenth and lifteenth amendments to the Constitution. Jan nary 26, 1875. Mr. PEASE resumed and said : Mr. President, I now proceed to examine some of the statements that were presented to the Senate in the speech of my honorable friend from Georgia, [Mr. Gokdox.] The Senator stated upon "his honor as a gentleman, a Senator, and a man," that the people of Georgia are loyal to the United States. They have no war to make upon the United States. Well, sir, grant that they are loyal, does that entitle them to any special merit f One would suppose, from the Senator's earnest manner iu reminding the Senate and the American people of the present loyal attitude of the people of Georgia — " ?)i^ j^cojj/e," as he denominates them ; I suppose he refers to the white people, an oligarchy of twenty thousand slave-holders who have managed and controlled affairs iu Georgia for one hundred years — that he thought this entitled them to some special consideration and sympathy. That was the impression that I received from tlie protestations of the Sen- ator. Sir, loyalty is a good thing ; patriotism is commendable ; to love one's country and respect its flag is a good thing ; but when a people have to protest their loyalty in order to give it currency, it presents at least some grounds for suspicion or doubt as to its genuineness. '■ T\w hilly iloth protest too much, uiethiulis." Now, sir, as to the loyal attitude of the secession democracy of Georgia Mr. GORDON. Mr. President, my only reply is that I did not say anything of tliat sort at all. Mr. I'EASK. In reply to that feature of the Senator's speech as to the real loyalty that actuates the hearts of the class of people that he presented to us, I simply refer to one fact which occurred within a few nioaths in tliat State, and I presume it will not bo denied by the Senator, for it is notori;ms that in the organization of the militia in many portions of that State the companies that were organized un(h'r the law passed in 1873 absolutely refused to carry the Ameri- can flag. I have hero a petition which has been presented to Con- gress, signed l)y numerous persons living in Georgia, and I desire to read from c(^rtain portions of it : Tlie State of (rcorjria has received from the Ilnited States aiiiee (he (lose of the late warl.IFO hreeeli-loailinuM-iHe-imiskets, sTOriile-iiiiiskets, ,VJO i>istols, .M)0 cavalry sahers, 5 li^iht li jKiuinlei- hroiize villus, anil .50 iiou-eommissioiicil oltieers' swords with aceoiiteniiiiits, eartriil^ies, ^te., aniountiiig iu all to the value of fd-l, 105.38. 25 I uudcrstood the honorable Senator to say, in relation to this matter of arms in the hands of the people of the South, and particularly of Georgia, that not one white man in a hundred was armed now who was armed before the war. I venture the assertion that prior to tlie war they had no such armed and equipped militia as is set forth in the petition just read. I will add that, unless the people of Georgia are different from the white people in the vicinity where I reside, the men who are not armed are the exception to the rule. The carrying of concealed weapons is the crying evil of the whole southern country. I quote further from this petition : TliegovcriiDr has ilistiibuteil them as follows : To 21 white companies 1,180 breech- loadiii;; riHe United States, made a discrimination between said companies on account of race, color, aud former condition of servitude. Again, the memorialists say : Tour memorialists respectfully call your attention to the following additional facta : All or nearly all of the whitr comjianies are composed of men who fought in the coufeilerate army to ilestroy the Union. ^lany of the colored comjianies .ire composed of men who fought iu the Union Army to sustain the Government. The white companies choose the confederate gi'ay for their uniforms ; the colored com- panies prefer the Union blue. On the litth day of .Jaiuiary last the white compa- nies of Savannah celebrated the anniversary of the birtli of (Jeneral Kobert E. Lee, (to which, however, we did not object,) and were reviewed by (leneral Joseph E. Johnston. No natiiuial flag was disp]ayeeen unable to arrest, convict, and punish perpetrators. Conse(iuently, tliere are no correct records to be consulted for infor- mation. There is ample evi'deuee, hmvever, to show thatmore than twrlvf hundred persons have been killed and wouuded during this time, on account of their polit- ical sentiments. Frightful massacres have occurred in the pari.shes of Bossier, Caddo, Catahoula, Saint Bernard, Saint Landry, Grant, and Orleans. The general character of the massacres in the above-named parishes is so well known that it is Tinnecessary to describe them. The isolated cases can best be illustrated by the following instances, which I take from a m.nss of evidence now lying before me of men killed on account of their political principles: In Natchitoches r;nish the number of isolated cases reported is tliirty-tliM'c. In the parish of Bienville the number oliti(al dutyof every member of this club to discouulcnancc and socially iimscribc all w hilc men who unite themselves with the radical i)aity, and to sn])plant every political opponent in all his vocations by the employment and support of tliose who ally themselves with the white man's party; and we pledge ourselves to exert our energies and use our means to the consummating of this end." The following is from the Enterprise of the 6th of August, published at Franklin, Saint Marys I'arish : "\Vc ask for no assistance; we- protest against any intervention. * * * Wg own this soil of Louisiana, by virtue of our endeavor, as a heritage from our ancestors, and it is ours and ours alone. Science, literature, history, art, civiliza- tion, and law li(d(mg alone to us, and not- to tlie negroes. They have no record but barbarism and idolatry, nothing sini^e the war but that of error, incapaerisli in the atteni])t. "Conu' wiuU, may, upon the radical paity nui.st rest the whole responsibility of ihis conjiict. and as sure as there is a .ju.d (^tod in heaven their uunaturu!, (^old- blooded, and revengeful measiu'es of reconstruction in lAnxitiiiiw.i ivill meet with a it'rriile retributimi." 35 Tlie t'o)lridge crossing a small rivei, and couinienced shooting them indiscrimi- nately, then and there killiirg four and wounding others, one of whom has since died of his wounds, and some are known to have escaped. We have these reports lying on our tahle.s as to the character of crime iu the State of Teuuessee, especially iu relation to the Trenton affair. Iu this conuectiou, allow me to say, that we have iu that report an exhibitiou of the couditiou of tilings as rcgartls the courts of the cDuntry. One Senator says: "Why do you republicans of the South complain that you cannot get justice? thatyourlaws are not executed? that crime is not punished f You have the executive officers, you con- trol the courts, you control the constabulary forces, and why is it that you cannot get justice and punish crime; who is to blame?" In that report you will ascertain the condition of things in the State of Ten- nessee. A murderer has an opportiuiity under the laws of that State of challenging thirty-tive jurors; and in the case there reported, "where there is a conspiracy, a large number of men indicted, when they come to be tried, each ojie of them has au opportunity to chal- lenge thirty-tive jurors; and there are so many included in the,se indictments that they can challenge the whole county perenijjtorily, and you cannot impanel a jury to convict them. And a similar law obtains in many of the Southern States. We are asked " How is it that you do not punish crime at the South ?" I can answer that question so far as it relates to the State of Mississippi. I blush when I say it, but the cause of truth, the interest I feel in presenting the facts to the American Senate and the American people, compel me to say that in the State of Mississippi, where our laws are executed with as nuich impartiality as iu any other southern State, I do not know among the several hundred homicides committed in that State a single instance, since recon- struction, where a white man has been convicted of killing a negro; 37 iind I ventu e the assertion tliat there have been over live hundred murders of negi'oes in that State by white men, and not one of them punished; but I do know of a hxr^e number of colored men who have been hung or incarcerated within our penitentiary walls for even making an assault upon a white man with intent to kill. Sir, it is impossible to convict a white niau of murder, because if a white man kills a negro there is a public sentiment there which excuses and palliates the crime. This is the natural outgrowth of slavery. Under the slave refjline a man who killed his neighboi"'s negro was liable to the owner for tlie price of the negro, and in some instances, if he was a favorite servant, he would demand further satisfaction, and kill the slayer of his negro. But it was not regarded as homicide to kill a negro in many of the States in the South ; and that estimate of a negro's life obtains to a greater or less extent to-day throughout the South, which palliates the slaying of a negro. There is probably uo State in the Union that has more stringent punitive laws than the State of Mississippi, and yet we cannot con- vict or punish white men of murder, because of the depraved public sentiment and the want of a proper api>reciation of the value of hu- man life, the natural outgrowth and concomitant of the institution of slavery. Men who have trafficked in the bodies and souls of men, of buying and selling God's image, become, as a natural sequence, cal- lous to the idea of the sanctity of human life. The State of Texas is another State controlled by '*' intelligent, hon- est men," and, as the honorable Senator from Georgia would havens believe, when they control in the South there is protection for life and property. Let us see al)Out Texas. Over six hundred murders have been committed since 'Governor Coke, a. demociatic governor, succeeded Governor Davis. There is a fearful record in a little over a year and a half of nix luiiKhrd murders. In Texas six hundred mur- ders are comnutted in a year and a half. This is no statement of "an outrage-mill." I will now cite a statement in I'egard to the condition of crime in the State of Texas under democratic rule, taken from a democratic source. I refer to the Saint Louis (Missouri) Republican, a democratic paper of the Bourbon type. It says, in speaking of the condition of Texas : "Whole comities are under the absolute control of orgauizcfl liamls of desperate men, who set the laws of the State at tleflanee auille^'y contiibutions upon the peo- ple, at will. This is a statement certified to by a democratic editor of one of the leadiiig western papers of the condition of Texas. I pro})Ose now to call the attention of the lionorable Senator from Georgia to the con- dition of his own State. I refer again to the press of his State. It is conceded that the i)nblic press is the great formative power of public sentiment, and at the same time an index of tlie condition of society in the community or section of the country wliere it is located. I read from the Daily News, one of the leading democratic pajjera ptiblished at Atlanta, Georgia, as follows : Against the fate that confronts us what have the southern people? Is it that "prudence" which such jtapers as the Louisville Courier-.! oui'nal advocate, but which men less gifted than the editor of that pajier call a dastardly submission ? No! Our only ho])e is in a stern, resohite resistance, a resistance to the (h^ath, if necessary, with arms in our hauils. Let there be "Wliite Ijcatjues" formed in every town, vilUiuo, and liaiiilet of the South; and let us orjianiKO for t^lie great struggle whicli sec iiis to be incvilalih-. If the October elections whiidi arc to he held at theXorth are favorable to tin- radicals, the time will have .arrived for us to prepare for the very wor.st. The ladicalism of the republican ii.arty must be met by the radi<^alisui of white men. AV'(^ have no war to make auainst the United States Government, but against the republican jiarty our hate must be unqueuch- 38 able, our war iutermiiiable and niercikss. Fast tlietiuji' away is the day for wordy: protests and idle appeals to the niagnaniuiity of tlio repnblicait party. By brute force they are endeavoring to force us into acquiescence to their hideous programme. We have submittel long enough to indignities, and it is time to meet brute force with brute force. Every Sontlieni State should swai-m with White Leagues, and we should stand ready to act tlie moment Grant signs the civil-i-ights bill. It will not do to wait until radicalism has fettered us to the car of social equality before we make an effort to resist it. The signing of the bill will be a declaration of war against the southern whites. It is our duty to our- selves, it is our duty to our children, it is our duty to the white lace whose prowess subdued the wilderness of this continent ; whose civilization tilled it with cities and towns aud villages ; whose mind gave it power and grandeur, and whose labor imparted to it prosperity, and whose love made peace and haiipiness dwell within its homes, to take up the gage of battle the moment it is tlirown down. If the white democrats of the North are men, they will not stand idly by and see us borne downby noithern radicals and half -barbarous negroes. But no matter what they may do, it is time for us to organize. We have been temporizing long- enough. Let northern radicals understand that military super^asiou of southern elections and the civil-rights bill mean war, tliat war means bloodshed, aud that we are tenibly in earnest^ and even they, fanatical as they are, may retrace their steps before it is too late. And again, I desire to present some soutliern democratic testimony as to the existence of White Leagues and tlie murders and massacres which have taken place as an otiset to the Southern Associated Press denials ot tlie existence and purposes of the organization. From the Atlanta News I will read the following extract from one of its edi- torials : Here is what he says about the condition of the South and tlie pur- poses of Wliite Leagues : Violence is to be deprecated aiul avoided, if possible : but where these men lia^e been killed they have brought about their deaths by their own acts, aud do not merit the sympathy of anybody. We shall not imitate the example of some of our Congressmen by condemning the killing of the men. We are not defending murder ; we are not .justifying assassination. We admit that there have been instances in which gross outrages have been perpetrated by men who disgraced thek section by their acts. At the same time, we recognize the existence of a state of affairs which compels a summary procedure. AMiat was liinud the Camilla massacre, which occuiTcd in this State in 18C8, was justifiable in any sense of the word. Had every negro been killed who took part in the conflict, the whites would have been justified iu killing them. So also in Mississipi^i, recently ; so also iu Louisiana. Wlien Grant holds up our people to public view as assassins, let us tell the story as it exists. There is no denying that men were killed at Coliax and at Cou.shatta. There is no denying, too, that Ihcy were killed by the whites: but, deplorable as their killing was, they were the xictinis of their own di.shonesty, their own vil- lainy, their own incendiarism. They have found out in Georgia that tliere is an "irrepressililc con- flict," and the leading paper of the State urges tlie ]>eopl(' to form leagues aud arm themselves for the inevitable siruggh'. I stated to the Senate that tliere was a conspiracy existing in tlie Soutli, the ob- ject of which was revolution, rebellion against the Government of the United States. I am aware that it was a startling anuouucement ; but here is a statement from high authority, a leading newspaper in the State of Georgia edited by one of the ablest men of that State, in which he calls on tlie ])eople lo ann fheinmircii, to orf/aiiize for the sfnifff/h wliieh he Hai/s is iurritablc. "■ War miisf conic. Jl'c iiiiisf utrikefor our rUjlds." That is the same spirit that pervaded the South in 1860 when the secession democracy "tired the southern heart" into a liame of rebellion. The same is true of the democratic press of the South ; the same rash appeals are made to the ]M'o])le to organize for revolution. The struggle, they say, "is inevitable." Why, sir, wlieu I see the temper 39 and tone of the press of the Sonth, it wonkl seem that history was indeed repeating; itself ; that the dial had been turned back a decade and that we were really on the eve of another rebellion. The same spirit animates the leaders of the secession democracy that chai'acterizc^d their efforts in 1861. In justice to the people of the South it is proper that I should make a distinction. I am happy to be able to say that there are thousands of southern men who do not subscribe to the rash follies of the democratic jjarty. There is the old whig party, the men wlio still cling to the doctrine advocated by Henry Clay. These men were at heart loyal. They opposed the efforts of the secession rule-or-ruin democracy to plunge tJie country into an internecine war. .They pointed out the fearful results to the South, and the sequel ])roved the truth of their asserticns, but they are as powerless to-day as in ISol. The same rash leaders of the secession democracy who brought bankruptcy and utter ruin upon the beautiful south-land ; who plunged her into revolution and left her desolate, an utter waste ; tilled the land with lamentation and woe ; her industries stricken down ; her cities and towns reduced to ashes. The very men who brought this destruction upon the South are to-day attempting to revive the old secession party. They control the press of the South. They propose to again " lire the southern heart ;" they advocate and indorse the organization of leagues for murder and assassination. " The struggle," in the language of this Georgia editor, " is inevita- ble," and we must arm. I do not exaggerate the condition of the South when I say that there are in the South to-day at least half a million of men organized and armed with the most improved weapons, Winchester rifles and needle- guns. What does all this mean? Does the Senator from Georgia say that in his State there is peace, qniet, and order ; that the people are loyal ; that tliey are disposed to counsel peace and quiet ? But I will proceed to read : By brute force tlwy (the republicaus) are ende.ivoriug to force r.s iuto acquiescenco to thcu" hideous prograuiiue. What "hideous programme" has the republican party jtroposed? What is the programme that is so hideous to the chivaliic editor of the Atlanta News? Why, sir, it is the programme of universal lib- erty, the doctrine of ecpial protection under American law. That is " the head and front of our offending." Because we demand that the Ku-Klux assassins who go to the cabin of the poor, defenseless negro masked and under the cover of night to scourge and murder him, shall be arrested, and, if necessary, to use Federal bayonets; that they shall be tried, and, if found guilty, punished by a Federal court. That, sir, is " the hideous programme " that lie speaks of. Becausfe we demand that an American citizen shall have the pro- tection of American law at home as well as abroad ; because we ad vocate that doctrine the southern aristocratic democracy propose to arm themselves and organize White Leagues for riot a)id murder. Why, sir, a fcwyeai's ago a man who had not become a citizen of the United States, who had only made a declaration of his intention to he- come such, was seized by the Austrian authorities. I refer to Martin Koszta. The Austrian authorities attcm]ite(l to take him because of some crime alleged to have beeucomnntted against that government. One of our glorious, noble tars, standing uji in tlie defense of the theory that an American citizen was enlithnl to tlie protection of the American ti:ig on the high seas, proposed to pour a broadside into the Austrian cral't if Koszta was not (leliverod up inunediately. Tliis action 40 of an American naval officer met ^itli a hearty apj>roval from every American all over this broad land. And so in the case of Dr. Houard, the Virginins prisoners, and ahnudred of instances that have occurred in the history of this country. Yet Avhen in 1875 the republican party demand of these democratic revolutionists at the South, these White Leagues and assassins at the South, that they shall respect the life of an American citizen, white or black, this is a "hideous programme," an insult, an outrage upon the chivalric Ku-Klux democracy of the South too intolerable to be borne. • I will not detain the Senate by reading further from tliis paper. There are several more very important points in it, but I pass. I will refer to one other instance of the peaceful condition of Geor- gia. In August last a body of Georgians from Atlanta invaded the State of South Carolina, and. by means of murder and other kinds of violence controlled the election in the interest of the democratic party ; and yet the honorable Senator from Georgia would have us xmderstand that the people of Georgia are " law abiding;" that the jjeople of Georgia allow every man to vote as he pleases ; that there is no intimidation used to control the vote of the negro or any class of people. We find a band of men known as the Georgia Tigers in- vade an adjoining State, and undertake to control, and do control, the election of a whole county in South Carolina, and murder men in the attempt. How much this sounds like the old border-rufiian tales from Kansas! Now I have another matter, and I am sorry the Senator is not in his seat. I desire to read the statement of a gentleman who is responsible as a ''gentleman and a man" for what he says. I am authorized by this gentleman to present this statement to the Senate. In the late canvass in Georgia, in the town of Montezuma, as the distinguished Senator from Georgia was passing through that city, it was arranged that the rail-train should stop and he should make a political speech. On this occasion, I am informed by this gentleman that the honorable Senator used this language, or words of a similar import : " I suppose there is not a white reiinl.lican in this county," referring to Macon County ; "if there is one, the good people of Macon County should drive him from her soil, and not per- mit him to live there." The gentleman who authorized me to make that stateiuout is, I am informed, a man of high character. His name is Jack Brown; he Avas the playmate, school-mate, and confederate in the late war of the honorable Senator. And yet the Senator says that in the canvass he made in his State he advocated the right of every man to vote as he pleased ; he was opposed to intimidation. We are informed that he stood on the stump in his State and advised liis fellow-citizens to acts of violence because of differences in politi- cal opinion. I do not say that the Senator uttered such a sentiment ; I give the authority. Hut I do undertake to say tliat if the Senator himself never uttered that sentiment, tliat that kind of doctrine, that kind of sentiment is lieard on every stump from democratic orators in every southern State. 1 have heard it; I liave listened to it myself in the State of Mississippi. And yet wo are told there is no intimi- dation ! By the same authority I am informed that in the town of Americus, where 1 l)elieve the distinguished Senator from Georgia lives, at least two hundred white men would have voted in the recent election for the republican candidate for Congress but for the proscription and os- tracism that iirevailed. He says, referring to liis own son-in-law, who 41 ^tvas employed, as book-keej)er in one of the leading mercantile iinus of that city, the firm known as Pickett & King, after the election the democrats of that town, and the democratic press demanded of this mercantile firm that they shonld discharge this book-keeper, simply beoanse ho had voted for his father-in-law, the republican candidate for Congress. The fact is, as stated by this gentleman, that in the town where the honorable Senator lives, because a man liappens to vote for one of his kindred if he is a republican, the democratic press of tlie town and the whole democratic party of the town, insist that liis employers shall discharge him. The Senator, in speaking of tlie jieaceful condition of affairs in Georgia, referred to the school-houses that dotted it. He said that all over the hills and vales of the State of Georgia were to be found school-houses where the colored people were educated, which was another evidence of the good feeling between the races; and he cited an instance of tlie benevolence of tlie southern peojde. He called the attention of tlie Senate to cme benevolent man who had donated $100,000 to endow certain eleemo)synary institutions for the colored people. Upon examination I find that this man's name was Lamar, Mr. G. B. Lamar, that he was the father of the notorious "Charley Lamar," of the " Wanderer" notoriety,who brought from Africa a cargo of slaves a few years before the war. It tiu'us out that this benevo- lent individual, who had been a slave-trader all his life, amassed his fortune in buying and selling- slaves, gave $50,000 to Savannah to found an asylum for indigent negroes, and the same amount for Augusta; and it further appears that this man who donated so lib- erally to this commendable purpose, was a loyal man during the war, and has recently received several hundred thousand dollars from the United States Treasury for losses incurred during the war. He has founded an asylum for the colored people, and the honorable Senator would have us believe that such benevolence Avas characteristic of the feeling that exists among our democratic fi'iemls at the South toward the negroes in relation to their education. I have some facts on that question ; but I will not detain the Senate by reading them, but I beg leave to incorporate them in my speech. I desii'e to refer the Senate to the condition of education in the Southern States, and I take this occasion to say that in almost every instance (and I know whereof I atfirm, because I have had the honor to be connected with the educational interests of the South) when those States were reconstructed there was no such thing as an efficient school system in the South, and in many Southern States there was no such thing known. These States had, with scarcely an exception, no school laws, and where they had, tliey were practically inopera- tive ; but immediately after reconstruction, in those States which were u nder republi can admini atra ti on , school-h ouses were built, educa- tional faciliti{>s were provided for the blacks and whites alike. When the State of Mississippi was reconstructed, there was not a single free school in the State. Under republican administration, iu three years over fwo thousand school-houses were built and over three thousand schools were organized. Nearly one hundred thousand chil- dren were receiving tuition in the schools under the jiatronage of a republican administration. The same was true of Tennessee in 1868; but when the power i)assed from the republican party into the hands of the democracy, one of their first acts was to close the schools. The schools were broken up, and not until quite recently have the people of Tennessee paid any attention to the revival of their school system. 42 This Avas true also of Georgia. Uuder ropiiblicau rule seliouls were established. As soon as the 8tate passed into the hands of the dem- ocrats the schools were ]iractically abolished ; and they have to-day a mere nominal school system. I undertake to say, that the difterent benevolent and educational associatious in the North have contributed more money to support the education of the colored children and the Avhite children in the State of Georgia, than the democratic party have ever contributed during the whole history of that State. The same is true of Texas. The amount of the Peabody fund distributed in the South since the war is $)3,.500,000. The contributions for educa- tional i>urposes at the South by the American Missionary Association of the North since the war have amounted to .|1,663,()()0. Tlie Gene- ral Government expended, through the Freedmen's Bureau, nearly .$6,000,000 for educational j)urposes in the S(uith. In the six months ending June oO, 1869, northern or foreign b(;nevolence had conti'ib- uted $365,000 for the education of southern youth, white and colored. During the last ten years the same benevolence has contributed, aside from the Peabody gift, over $8,000,000 for southern education ; and nearly all these contributions have come from republican sources. In the State of Mississippi, when the democratic party began to feel that they were coming again into power and the Ku-Klux organiza- tions were being formed, instead, as the honorable Senator would have us believe that the southern people were anxious to educate the negro and the masses of the people, the Ku-Klux democracy burned our school-houses. Over hfty school-houses, including church buildings used for schools by the negroes, were burned in Mississippi l)y these lawless bauds ; and it is the same class of men who are foremost iu the White League movement to-day. I append a statement of the condition and ]>rogress of free schools in the Soutli, made uj) from ortlcial sources, which will fully substan- tiate my remarks upon this subject: ARKANSAS. First piildic .scliool-lionsp in the State was hnilt l)y tlit^'teednieu in 1804. No free jmblic siliools for white oi' coloteil cbildicu uiitil after tlio wai'. — Report Siiperinfendciit Freedmen's Sdwols Arkansas, 1864. On liir aihnifar 10 sohool-housos and 1 church used for school purposes were burned by ■white num in Georgia. This was the second year alter the war. — Report Inspector of Schools Freedmen's Bureau, Juhj, 18G7. In 1867 a northeiu benevolent society sustained two schools for poor whites, num- bering 255i)upils, at Atlanta. — Report Inspector of Scliools Freedmen's Bureau, 18G8. LOUISIANA. Outside of Kew Oileans thei'e was no systcTu of free schools before the war. In 1873, 101 .school-houses were built, 8G4 schools in operation, 1,474 teachers oiu- 43 ployed, and 57,433 pupils taught. Tlie lands appropriated by Congress to aid ptiti- lic schools had been so unwisely managed as to render little or no aid prior to 1870. — Reports Supermtendeiit Public Indntction Louisiana, 1870-'73. SOUTH CAROLINA. In 1870, 110 school-houses wei-e built, 630 free puldio schools maintained, 734 teachers employed, and 23,441 pupils taught. — Report of Superintendent Public Instruction State of South Carolina, lrf70-'71. TENNESSEE. Tennessee had no eflScient fiee-school system until 1867. In twenty-two months under republican supervision 3,903 schools had been started ; 4,614 teachers em- ployed, 185,845 pujjils taught ; during the same time 629 school-houses have been erected, of which 61 were " buint or destroyed" during the same x^eriod. — Report Superintendent Public Instruction Tennessee, October, 18G9. ' As soon as the State ])assed under democratic control the school law was repealed, and the systt lu in vogue before the war re-established. The first report after this change showed that but twenty-three counties out of ninety-four levied any tux for ■school i)urposes. aSTuniljer of schools reported 478; the enumeration of scholastic population was 165,067, against 418,729 in 1869. — Report Superintendent Public In- struction Tennessee, 1872. Granger County, Tennessee, in 1869. had 46 white and 8 colored schools, with 4,125 white pupils and 450 coloied. In 1872 the superintendent reports "3 schools; scholastic population about 3,200 ; no school tax voted." — Comparison of above re- ports. Dyer County, in 1869, had 41 schools, 43 teachers, 1,389 pupils ; in 1871 it had no public schools, and the county refused to vote a school tax. — Goinparison of abov& reports. TEXAS. Free-school system established in 1871, and under its operation 129,542 liupils had been gathered in schools before September of that year. In May, 1872, 1,921 .schools had been organized, 2,'-!9!i toacliers emidiiycd. and 84,007 pujiils taught. In 1873 the school law was so amemled as to almost destroy the ofiicicncy of the sys- tem. Thns in September, 1871, there were 587 schools, with 28,t00 ]iii])ils. In SieiJ- tember, 1873. tluic were 85 schools, with 2,913 pupils; while theiniiiibcrof teachers employed had drcieiised from 710 in 1871 to 98 in 1873. In 1871 Tex;is h;id but one or two public school-houses. About 5,000,000 acres of land were set aiiart for ed- ucatioiKil puri loses. In 1858 a law was passed ;i]iproiiriaiingthc ])!'oceedsof the sale of all pul>lic hinds to the educational fund: but during tln' ivliillioii this revenue, amounting to a236,000, was divi'rted fiom its purjiose to assist in carrying on the wai' against the Government. Of the permiuunt schoool fund $l,2s5,327 was diverted from its jjurposo and used in the sanu; m:Miiier. Seven hundred and seventy-six thousand seven hundred dollars of I'nited States indemnity bonds belonging to tlia school fund were also disposed of in like manner. — See Official Reports Sujicrintei^ dent of Public Instruction Texas for 1871, 1872, 1873. THE SOUTH. Amount of Peabodyfund, |3,500,000. — Appleton's Cyclopedia, 1369. Contributions to eclucational work in the South by the American Missionary A.^- •sociiition .$1,663,00U in ten years; expended for education by the General Govern- ment through the I'reedmen's Bureau about 16,000,000. — Meport Commissioner of Education, 1871, page 15, note. In six months, ending June 30, 1869, northein and foreign benevolence had can- tributed 1365.000 for the education of southein youth, w^hite and colored. — Report Inspector of Schools Frr.ediiieiis Bureau, 1869. During the last tin ycai s the smne bcnevcdcnce has contributed, aside from Pea- body's gift, over t-H.i)iiii. 000 Idr sdiitlici-n education. — Reports of American Mission- ary Association, Frcciluicn's A id Societies and Church Missionary Poards. Now, sir, suppose we admit, as tlio Senator from Georgia claims^ that the people of his section are wronged, maligned, subjeeted to misgoveruuient, " a foot-ball for political adventurers." That there has been some bad government in the South no one denies. There i.s no question but that there has been in quite too many instances of questionable management of the public funds ; but I undcrf akt- to say, that in almost every case where the public treasuries of the Southern States have been rol)bed or plundered, it has been done to a greater or less extent, by democrats or their agents. In almost every in- stance some democrat has had an interest in the scliemcs of robbery and extravagance. There is hardly an t>-Nception. 44 The democratic party seek to divert attention from the real issne in the South, by parading what they call " misrule," "radical thieving," "negro domination "in the South as a palliation for outrages and crime. They allege that the people are being plundered by " strangers," "adventurers," and pluuderei's, as the Senator from Georgia denomi- nates the northern immigrants and Federal officers who have settled iu the South since the war. And for this reason the southern de- mocracy are justiiied in organizing themselves into secret bands for the purjjose of murder, assassination, and revolution ; justiiied in at- tempting in defiance of law to overturn existing State and municipal governments. I will repeat, that if you take the history of the South since reconstruction, and there is scarcely an exce]>tion to the rule, where a large State debt has been imposed, and excessive taxes levied, the democracy are to a greater or less extent responsible. Those who have been most interested in procuring legislation granting sub- sidies to one franchise and another, and who have been the principal beneficiaries of these schemes, are democrats, who are howling to-day about robbery and corruption in the South. I make the statement without fear of successful controversy, that at least one-half of the indebtedness of the Southern States has been brought upon them in granting subsidies to railroad corporations, and no republican, white or colored, have received any part of the spoils. For an illustration take the city of Charleston. I am informed by reliable authority that the x^eople of that city, with a view to revive commerce and to attract capital, voted large sums of money as an in- ducement for capitalists to open railway communication. What is true of that city is true of Savannah, and true of nearly every other southern city. In the campaign of 1872, in every deraoci'atic newspaper were exhib- ited tables comparing the condition of the Southern States before the war under democratic rule with republican rule since reconstruction. They attempted to make it appear that the republicans were abso- lutely bankrupting those States. The State of Louisiana, which has been held up as a special victim of radical misrule, in about eighteen months under democratic rule, when not a carpet-bagger or negro had anything to do with State affairs, but under a democratic administration was plunged in debt nearly l|18,000,000 ; and of the debt that hangs over Louisiana to-day, which the democracy parade so much before tlie, American people as an evidence of the outrage perpetrated upon the poor people of the South, more than one-half her indebtedness was contracted in eight- een months under democratic rule. These are facts that cannot bo controverted. Lest this may be doubted, I submit a tabular state- ment of each item of expenditure, which, however, I Avill not detain the Senate to read. * * * * KECATirrLATIOX. ATOOnnt of appropiiations in 1S65 cl. 177, 546 17 Amount of apiiropiiatious iu 1366 o, ;iOO, 3!)9 75 Amonut of appropriations iu 1867 10, (iSl, 608 90 Total 17,129.554 82 Bonded debt before tbe war 3, 990, 000 00 Outstanding indebtedness 1805 362, 855 76 Total 21, 482, 410 58 Less amount taxes ccdlectedin 1366 and 1S07 3,379,682 00 Amount of State debt transmitted to republican administration 18, 102, 728 58 45 The Logislatnre that made the above appropriatiou was elected iu 1865, and was almost uuanimonsly democratic, composed mostly of such old leading democrats as J. M. Lapeyre, D. F. Kenner, A. Voor- hies, J. B. Eustis, W. B. Eagan, and John McEnery. Wo have seen at the extra session of December, 1865, they appropriated !|1, 177,546.17 ; iu 1866, Cti5,300,399.75 ; iu 1867, $10,651,608.90; making a total of $17,129,554.82 appropriated by a single Legislature almost unani- mously democra.tic. Now permit me to present a few facts relating to the political con- dition of Louisiana before the war. It is represented that all was peaceaMe when honesty and intelligence controlled. Our democratic friends hold up the present demoralized condition of the State as the result of oppressive legislation and misgovernment under reijubhcau rule since the war. Gayarre, the historian, referring to the condition of affairs in Louisi- ana iu 1856, says : that Governor Herbert, in his valedictory message, referred with deep mortification to the scenes of intimidation, vio- lence, and bloodshed which had marked the late general elections iu New Orleans. He sa id that the repetition of su ch outrages would tarnish our national character and sink us to the level of the anarchical governments of Spanish America; that before the occurrence of those "great public crimes," the hideous deformity of which he could not describe and which were committed with impunity iu midday light and iu the Ijreseuce of hundreds of persons, no one could have admitted even the jiossibility that a blood-thirsty mob could have contemplated to over- awe any portion of the people of this State in the exercise of their most valuable rights ; " but tliat what would then have been denied, even as a possibility, is now a historical fact." Referring to the internal condition of the State, Governor AYickliffe said: Bountifnl as nature has been to Louisiana, the skill of the engineer is still essen- tial to her full development. With twenty-live millions of acres of fertile lauds, hardly a tenth is in cultivation ; with a sea-coast a third in length of the State, wo have a tonnage almost in its infancy. With capacity to produce all the cotton needed for the Biitish Empire and all the sugar required for this great confedera- tion, we are as yet but laggards in their growth. With thousiinds of miles of iuter- aal navigation, our productions frequently can find uo market, and North am! South Louisiana are strangers to each other. Toward the cultivation of tliesi- inillious of acres, toward the improvement of tln-se miles of navigation, toward ((-uuntiiig to- getherthese sections, discreet and tiimly legislation cau domiuli. Asyetuothing. absolutely nothing, has been accoiuplisl'ied. A fund for iiitirnal iniprovcmeut has exi.sted for years. Large amounts of it have been expended. Yet it would be dif- ficult for even a curious inquirer to discover any benefit that has resulted from it. These were sad truths from the lips of the chief magistrate. He further said : It is passing strange that, in a popular government, without privileged classes, without stipendiaries ou the bounty of the State, mismanagement and recklessuesb should be tolerated. Although the presidential election which had secured the success of the democratic party, represented by James Buchanan, to which Governor Wickliffe also refers, had been considered as determining whether the Southern States should continue or not to remain in the Union, and although it had been for this reason the most important which had been held since the foundation of the Federal Govern- ment, yet out of 11,817 votes registered in the city of New Orleans only 8,333 were cast, showing apparently at least an inexplicable 46 4ip;itliy on the part of 3,484 citiz ms. The governor commented ou this regrettable fact in the follo^viag language : It demonstrates that some extraordinary cause was at work to prevent a large proportion of lawful voters from enjoying tlie sacred fi-ancbise of the Constitu- tion. It is well known that at the two last general elections many li'lfjy in tlie hands of orj^aiiized ruffians, who coianiitted acts of violence on niultitiuii's of our naturalized fellow-citizens who dared venture to exercise the riglit of Milfrage. Thus nearly one-third of the registered voters of Xew Orleans have been deterred -from exeicising their highest and most sacred iirerogative. The expression of such elections is an oi)en and palpable fraud ou the people, and I recommend you *oj).dopt such m(asiir<'s as shall etiectually juevent the true wiU of the majority irora being totally silenced. The evil pointed out by the governor was of the utmost magnitude, but there was one still more dangerous than any which resulted from open \iolence. It was that corruption which enabled foreigners just landing ou our shores to vote, and which imt two or three thousand illegal voters at the disposal of whatever party had the means of liuying them. This was the main cause, which, by producing intense disgust, went much further than fear of assassination to prevent hon- est citizens from resorting to the ballot-box. They knew all our elec- tions to have become so hopelessly fraiululent that it was disgraceful to participate in them, and had retired from the political arena in «ul!en dispair. Again permit me to refer to the State of Mississippi, which I have the honor in part to represent. The State of Mississippi, under dem- ocratic rule, in the days when "honesty and intelligence" (in the language of the Senator from Georgia) ruled and controlled that country — in about nine yeais of democratic rule, the democratic party absolutely squandered and robbed that State of nearly $20,000,000 ; and during a period of thirty-five years of democratic rule in Mis- sissippi they absolutely plundered and squandered $40,000,000! To prove this, I cite my honorable colleague [Mr. Alcorn] who, when a candidate for governor in 1869, in an able speech, arraigned the dem- ocratic party, (tlie leaders of which are the very men who are to-day furnishing tlie pabulum for democratic newspapers North in the crj* of " thief," " plunderer," and like epithets,) proved and demonstrated — and there was not a, democrat in Mississi])pi who could controvert his statement — thtit the democratic party had stolen out of the trust funds and K(|uan(le:ed the public funds of that State to the amount of l|40,0()0,UU0. And because in the State of South Carolina, under negro rule, as it is called, the State has contracted a del)t of a few millions of d(dlars, the most unheard of and terrible misrule in the history of this government is complained of! Mr. President, I will cite an authority wliich will not be ques- tioned by our detnoeratic friends as to the condition (d' Mississiii]>i in 1838, in the palmy days of democratic rule in that State. iNo negro ^lomination or radical rule is here portrayed, luit pure, unadulter- ated denu)cratic administration. Governor McNntt, in liis message to the Legislature, says : "He could not ascertain the triu' situation of the State treasurer's books. Tlie total receipts into tlici treasury Irom the 7th of December, 1837, to 31st of December, 1838, amounted to !|196,9l9.1)(i, and the disbmsements $3,'30,(;44.19, showing an excess of expenditures over receii)ts of upward of $1.^,000." And referring to a democratic auditor of juibiic accounts, Jobn 11. jNIalory, he says : Itappears tliat he is a defaulter to the amount of fr)4.0"P.9G. The ti'ust imposed has been sadly abused, and he has been enabled thus long to conceal his defalca- tion. 47 Agaiu, sliowing tlie condition of the administration of justice at that time, on page 31, senate journal, we tiud the governor making use of the following: Sheriffs and coroners have resigned aliont tlie commencement of tlie court for the evident purpose of preventuig tlie term being held, and thus defeating the regular administration of the laws. Further evidence of disorganization follows on page 3'2 of said journal : I am advised that the final records of the courts are rarely made up pursuant to law. It is believed that they are imperfect in almost every office of the. State. When a new clerk comes iut*) 'office he linds the fees for such service collected and the work undime. He refuses, therefore, to bring u\t the uufluished business of the office, and the records are suifered to remain in their imperfect state. At page 36 attention is called to the "judicial legislation" of the. liigh court, superior court of chancery, and several circuit courts. The complaint is that " in many cases parties are j)rohibited from being heard by counsel in open court, but are required to submit written arguments and briefs," precluding a reply to the arguments ^and authorities adduced by the opposite party, and placing it "in the power of the judge to overlook the adjudications cited, to the mani- fest injury of suitors." Allusion is also made to the probate courts : Too much power is given tfl the judge in vacation, and in numerous cases the securities of extscutors, administrators, and guariliaus are utterly insolvent when taken. At page 38 of the senate journal we find the following : The long list of dcfaulteis given in the auditor's report, and the innuensc amount of arrearages icinahiiiiii uniiaid, show that sumething is wrong iu the present sys- tem. It is outrageous tluit taxes should be wrung from the hard earnings of the jieople and siiuaudercd by the othcers the^ have chosen to collect them. Page 39, another extract from the message is as follows : Thirty-three tax collectors are in default the sum of |90,tU7.46 for taxes accruing prior to the year 1838 ; suits have been ordered against them on their bonds. Twen- ty-six tax collectors are in default in the sum of $'26,1)8().2T for taxes assessed in the year 1838. It is believed that these sums fall far sliort of the actual defalcations, immense suraS are yearly collected which are not returned on ilu- roll of the assess- ors, and under the existing laws it is impracticable to bring officers thus in de- fault to accovint. The following extracts from the message of Governor McNutt, (sen- ate journal of 1H42, page 1.5,) reveal a sad state of public affairs, and show conclusively that no improvement had taken place in the ad- ministration of the government during his four years' of service : The duties of niauy of our officers are for long periods of time piM-formed by deputies and clerks. If they are competent to discharge such duties, they deserve tlie salarif s drawn by their principals; if tmdoserving, they are unht to be in- trusted with the management of such important offices. Relative to 'the auditor, treasurer, and secretary of state, he says : They frequently absent themselves for long periods of time without even noti- fying the executive of their intentions. During their absence the business of their offices is left in the charge of clerks who neither give bonds nor take the oath of office. Under such circumstances the public business is often neglected and the funds of the State endangered. It is further stated (page 16) that thousands of dollars are annually lost to the State by delays and failures in tin; prosecution of suits by the district attorutjys against def;i niters. A suit had been pending on the bond of a defai'ilting auditor (who owed the State upward of .fioO.OOO) three years ; the State emi)l(>yed assistant counsel, but no judgment was obtained. In the mean time the securities of the de- faulter had become insolvent, and the whole claim good for nothing. 48 In another place (page 14) we find that assessors and collectors re- sign and no tax-rolls are i-eturned, &c. Again — let me cite you another case. The good old Commonwealth of Virginia, which has never been misgoverned by carpet-bagger,?, radicals, and negroes, that State to-day, so far as its financial condi- tion is concerned, has more than doable the debt of any Southern State under a republican administration. Her indebtedness is over $45,000,000 ; and yet an attempt has been made to convince the Amierican peoi)le that the republican party of the South have been plunging those States into an indebtedness and bankruptcy without parallel and beyond precedent. But in Virginia they see no bank- ruptcy, uo misrule. It makes a great difference whether a democrat steals or a republican, and of the two I am inclined to think that a republican thief is the more culpable. Here are the debts of the Southern States as given in Poor's Man- ual of Eailroads for the year 1874-75, the latest authority on the sub- ject : Alabama Ill, 2.'i8, 83G 07 Arkansas 10, 885, 000 00 Georgia 1 4 , 87 1, 084 00 Kentucky 2, 720, 710 OO Louisiana 22, 308, 800 00 Maryland 10, 741, 210 60 Mississipiti X o debt stated North Carolina 29,547,045 OO South Carolina 20, 650, 235 00 Tennessee 20,966,382 19 Texas 3,715,978 88 Virginia 45, 718, 112 23 Mr. President, I will now cite a case or two of the management of the municipal affairs of some of our southern cities. Tlie city of Louisville, Kentucky. That city has five times the indebtedness of the State of Mississippi, and it has always been under democratic control. Take the city of New Orleans. That city has never been tinder the control of republicans, and the indebtedness of that city alone, I am informed, is greater than the whole indebtedness of the State of Louisiana. So nmch for the honest, economical management of the democracy in the control of the finances of the South. I know of my own per- sonal knowledge in the State of Mississippi, that in almost every case where there has been a job, where colored officials have been im- posed upon, the men who have profited by these schemes and appro- priations of the public funds and pUmderings, if you please, have l)een democrats, who are to-day leaders in that party. The men who have thus enriched themselves are the men who arc leading the white-leaguers in their bloody work in Mississippi and in other por- tions of the South. I do not know of a single nortifern man or a single southern man who has been connected with the republican party, and is in good standing with the party to-day who has made a dollar that was not legitimately aiul honestly made ; but I do know that various attempts have been made by democrats of that State to secure legislation in favor of various kinds of schemes by which they might be benefited. Why, sir, the city of Vicksburgh is in- debted to-day several hundred thousand dollars in bonds issued for internal improvements and railroads, and democrats, white-leaguers, have been the principal beneficiaries of these city grants ; and yet the indebtedness of tlie city of Vicksburgh and the county is paraded by the Associated Press and the denu)cracy of this country as a justi- fication for violently driving their sheriff from office and turning out 49 of office the men that tlie people have elected, and are even setup as a complete defense for nmrder and assassination. Much of the clamor about taxation in the South is greatly overdrawn. I present to the Senate the following tabulated statements, compiled from the last census, which I have obtained from an able article published in the New York Nation dated March 28, 1872. Although figures show taxation to be high in the South, yet it is certainly not so alarmingly out of ratio with other communities as to justify the lawlessness that exists. It appears even that certain Northern States are taxed higher than any Southern State. Rate of taxation per thousand dollars. l.mvada : «26 34 2. Louisiana ^^ °% 3. Arkansas :[° ^^ 4. Mississippi ^' .^ 5. Maine 1^ ^o 6. Nebraslca " °:? 7. Alabama " ]l 8. Kansas - |^ ^^ 9. South Carolina \7, tii 10. New Hampshire :J~ °« 11. Iowa ]~ l* 12. California {f fi 13. Massachusetts j j °° 14. Minnesota IJ ^l 15. Oregon }} ~^ 16. Virginia ]] ^^ 17. Florida jl f 18. Missouri |" °° 19. Ohio 1" »^ 20. Maryland 1" ■^ 21. Illinois 1" i^ 22. Georiiia ;; ' 2 23. Kentucky " 4S 24. Vermont... j* "' 25. West Virjiiiiia ^ "^ 2(5. North Carolina ^ "* 27. Indiana ■ ° pi 28. New Jersey ' ?° 20. Connectici* I ^^ 30. "Wisconsin ' ^ 31. MlchiK.in I ^^ 32. New York 1 ■" 33. Rhode Island I ■^^ 34. Texas - I i" 35. Tennessee JJ '^ 30. Pennsylvania *" ?* 37. Delaware * -^ Bate of taxation per head. 1. Nevada " 30 2. Massachusetts :}' ^)f 3. California ]'^ -'^ 4. Connecticut \\ ^ 5. New York. , JJ 07 6. New Hampshire ■*" ~~ 7. Rhode Ishmd ^ ^° 8. Loiii.siaua ^ ak 9. Ohio « «^ 10. Illinois ^ ^^ 11. Maine ° ^^ 12. Maryland ° ^■' 13. Nebraska ° i"^ 14. New Jersey ° i,^ 15. Mi-ssouri ° "° 16. Iowa ' ^?. 17. Kansas ' fi 18. Pennsylvania ^ ;:" 19. Vermont ** *° 4Q 50 20. Indiana 6 42- 21. Oiejron 6 39 22. Minnesota 6 02 23. Arkansas 5 9t 24. Wisconsin 5 10 25. Michigan 4 57 26. Mississippi 4 51 27. Kintiukv 4 34 28. South ( iirolina 3 92 29. West Virginia 3 89 30. Virginia 3 76 31. Delaware 3 34 32. Alabama 2 99 33. Tennessee 2 69 34. Florida 2 64 35. Georgia 2 21 36. North Carolina 2 20 37. Texas 1 38 One thing f urtlier about taxation in my own State. We see a great deal in the way of testimony before congressional conunittees and in other ways about the taxation on real estate having increased in Mississippi from one mill to twelve or fourteen mills, the present State tax. Sir, this is strictly true. Taxation in Mississippi on real estate has been increased tenfold, I do not doubt, and I will tell you how and why. Before the war, when that Stato was absolutely controlled by an oligarchy of twenty-live thousand (Icinocratic land-owners, they adopted a revenue system that i)laceil all the burdens of government upon the industry and enterprise of the country, while property, wealth, was almost completely exempted. Under that system the tax uijou real estate was limited by law at -pj of 1 per cent, and the land owuer lixed his own valuation upon his land. Lands whose actual valuation was in some instances fifty d(dlars per acre were assessed at fifty cents per acre. Why, sir, under that system of taxation a oor, tree negro barber, whose property consisted of a razor, shaving- brush, and comb, paid more revenue to the State government than a emocratic planter worth $10, QUO in negroes and lands. As an ex- hibit of the equitable mode of taxation in the palmy days of demo- cratic rule in Mississippi, I read from the provisions of the revenue I iws of Mississippi as they existed prior to reconstruction : Auctioneers, 2 per cent, on gross sales ; stocks, 3 mills on the dollar ; lianks, |500 ; brokers, 3 mills on their gross sales; mechanics, (including milliners,) J of 1 per cent; on sales of merchandise, 3 mills; on all trMiisieiit sales, i'x mills upon gross receipts; each hack, cab, carriage, or omnibus used for transporting passengers^ 51 85 per head on liorses drawing same ; drays or wagons used for transporting freight, it drawn by one horse, $5, if drawn by two bors.-s, 5^10; on eacli wharf-boat, ijlO; for every steamboat or tlat-boat which may land at said whart-boat, $1 ; on gross sales of trade boats, 5 mills; on water-ratt engaged ni the g"!* "y^f/«t. *i'*;J^«- steamboats, $250 ; all other boats, over sixty and under oiu^ hundred tons, iiO ; over fortf tons and under sixty, I'JO ; all under twenty tons, .*1U ; every stallion or jack the price which may be charged for the seas.,n ; ten-pm alley |50, on every hcense Piai ted-by any county, city, or town having a population of two tlnmsand, i»500; ff one thousand'and unJler two thousand, $-200; in all other places, iflOO; news de- pots, m-, playing-cards. 50 cents; on gross amount of ])rizes, Slier f "t ; on each juggler, niagiciau" or slcght-of-hand performer ^U)(); poll tax, fi; dogs, 40 eents , 4 percent, per mile on all trayelers over r;uhoads ; on tc-es ot otfacers, 3 nnlls ; i ot 'percent, on all moneys loaned; .ni all physicians who advertise their special cures 125 per month; vendors of ice-cream upon the street, |2o per month, in ad- vance: on all bequests and inheritances, 1 percent; each pistol, liaying one or more barrels, $2; single barrel, |1 ; shot-gun, rifle, or army guns 50 cents ; bowie-knUe, sword-cane, or clirk, |2 ; on all rents, 3 mills. All subjects of taxation above enumerated were liable to taxation by the counties, in addition to that of tbe Stale, and collected in the same manner. Tbe taxation on property ^va8 limited, as I have before stated, to tIj of 1 per cent. ,.*••+,„+ It is one of tbe cliief glories of republican reconstruction in that State that it has wiped out this unequitable system of taxatiou and placed the burdens of Government where they belong— on wealth and not on industry. . j. ^i ^■^ I mio-ht startle tbe Senate by some illustrations of the practical workings of this system as the records show them, but 1 will not dwell on results which are self-evident. The bad faith of the demo- cratic press of the C(uintry in concealing materjal facts and parading alleged increase of taxation in Mississippi, on real estate, as an evi- dence of corrupt administration is only one of the numerous methods which they have acbipted to impose ui»on the credulity of the north- ern people. The increase of taxatiou on wealth or property has been an act of justice. _ , p • ■ t,- The honorable Senator from Georgia speaks of oppression in hia State Sir I will now call the attention of the Senator to a class of people who are indeed oppressed in his State and plundered of their substance, and whose daily toil is no guai-antee against daily oppres- sion. I refer to a half million of colored people. So grievous are their wrongs that they are leaving the State. The statistics will sliow that daring the last eight or ten years tliousands ot the labor- intr population of Georgia have Hed because of oppression many of "whom are settling in Mississippi. The Vicksburgh and Meridian Railroad, in Mississippi, transported several thousand emigrants from Georo-ia over its line last year. All these immigrants, as they passed through our State, told the same story of oppression. Ihey said: " The colored people have no rights which a Georgia democrat is bound to respect. We are seeking a country where we can have civil liberty, enjoy the privileges of freemen, and eat in peace the bread our own hands have earned." . Mr President, in this connection allow me to refer to a convention recently held in Georgia-a convention of Georgia democratic plant- ers • and to show the animus of that convention toward the negro, 1 will quote the language of one of the speakers, a Mr. W. D. Murray. In his address Mr. Murray said : I have practiced whipping some of my negroes lately, and I always make the viotimlpmrnise not to prosecute me wliile the chastisement is going on. In this ■way I manage to keep my negroes under perfect control. There is the statement of a Georgia planter, made only a few days ago in a convention in Georgia. Yet we are informed by the honor- 52 able Seuiitor from Georgia that the negro is treated well in that State ; that he is protected iu all his civil and political privileges in Georgia. Another speaker, one Mr. .Statt'ord, said he was iu favor of memorial- izing the State Legislature to pass a lawmaking it a misdemeanor to entice laborers away from Georgia farmers, iuducing them to move westward. I will read an extract from the Atlanta Herald njjon this subject : The iiej;TO is reinai'kablo for his love of locality. lie jirncially pref(?r8 to stay around tlie old farm place where he was raised, and will do so uiilVss all the condi- tions tempt him to leave it. The single obstacle of full, high-priced railroad fare would settle the matter with two-thirds of theiu. It is a notorious fact that in many districts where the colored peo- ple are in large majorities the right to vote is abridged by the whites through one device and another. But, says the honorable Seuator, "Under the wise administration of the goverumeut of Georgia their lands are so valuable that a ne- gro cannot buy them, and because of the maladministration of affairs in republican Mississippi, lands can be bought there for five cents an acre." Well, Mr. President, I am not surprised to learn that laud is held at a very high value by a Georgia democratic planter when a negro proposes to buy it, for they maintain the same doctrine that they adv(jcated in 18(i5, wdien they attempted to prohibit the negro from purchasing land by law. I call the attention of the honorable Senator to the value of land in Georgia as compared with tlie land in Mississippi. According to the census report of 1870 I find the aggregate value of land in Geor- gia to be $268,169,207; in Mississippi, $209,197,345. Georgia contains nearly twice the area of Mississippi, and it is a much older State ; and yet the lands in Mississippi are nearly as valuable in the aggre- gate as those in the large State of Georgia. I leave the Senator to draw his own conclusions as to the comparative value of laud iu the face of these statistical facts. Sir, the colored Georgian comes to Mississippi for his rights, not for land. Not one in a thousand of the poor negro immigrants under the benign, wise, and prosperous democratic administration in Georgia has been able to accumulate money enough to buy land even at live cents an acre. They bring to Mississippi niusch- and hibor, and we in return give them liberty, equal personal i)ri vilegcs and rights, under the laws of our State. The Senator vaunts before the American Senate and the country that in Georgia "uo negro sits at a white man's table," and that in Mississippi social equality obtains, and that is one of the reasons he assigns for the ra,])id emigration from this State. He represented to the Senate that because (d' the inducements of social equality held out in the State of Mississippi, because the negro was allowed, as he had been informed, " a seat at the white man's table," he was leav- ing Georgia. The Senator said "There is no such equality between white men and negroes in Georgia, thank God!" He had heard that it is different iu Mississippi. Mr. President, I undertake to say, and I believe, that it is different in degree. I trust it is. I take this occasion to say that some of the most highly esteemed citizens of Mississip]ii, men who are "to the manner boru," who in the ques- tion of blood, brains, and bullion will com])are with any of our friends of Georgia, have so far rid themselves of irrational prejudices as to recognize the claims of the colored man to eqiuil i)riviiegos at thea- ters, on steamboats, and in liotels, and allow the people to enjoy equal privileges. In the State of Mississijipi we have a civil-rights law that gives to all onr citizens eqmxl privileges, equal rights, and equal protection. I am happy to say that in the State of Mississippi, in some degree at least, a man is esteemed hy the standard of char- acter, of manhood, and not hy the color of his skin. Virtue, intelli- gence, and patriotism are appreciated in Mississippi though they are inclosed in a colored skin. I can readily understand and most fully appreciate how honorahle and high-miuded men can shrink from con- tact with the low and the base, with murderers and assassins, be they black or white ; but I fail to estimate highly the arrogant assumption which vaunts itself that a man is too good to associate with his equals, and perhaps superiors, because of a difference in the color of his skin. I will presuine to say that the American Senate places no very high value on any such display of accidental superiority. Frohi my observation I do not understand that the colored people of Geor- gia, or anywhere else in this country, have any very inordinate desire to be entertained at tlie Avhite man's table ; but they do desire to be recognized and protected in their rights uiuler American law the same as the wliife people. Tliat is the kind of equality the colored people of the South s(!ek. They seek it in Georgia, but they seek in vain. They come to Mississippi and they have these rights, and they will continue to have theui if the American Congress and the Ameri- can people can be led to appreciate the present conditi(m of affairs and give us protection. But unless we have it, oiu- civil-rights law will be a dead letter. Unless we have that protection, the whire- leaguers who have murdered our citizens by the hundreds in the streets of Vicksburgh in the last month will control the State, and the poor negro will be in a worse condition than he was under the service of his former master. The honm'able Senator from Missouri thinks that the colored men ought to divide tlieir votes between tlie two parties. The honoral)le Senator can rest assured of one thing, that the col- ored people of the South will be very reluctant to divide their votes in favor of a party whose leading representatives in the United States Senate and in the national Capitol proclaim their inferiority and herald their degradation. When tlie poor negro understands the fact that a democratic Senator can here in this Chamber put himself out of the way to parade the fact that in democratic Georgia white men do not recognize the eipiality of their colore.i\ s as a citizi-u with the politicalexptTiciicf of less than Icn years, would i-niic-ci llir Jiiistakes. failures, and imperfect eUbrts of tliis brief experimental period, and thereupon in.slitute a con trast between the negro and the white man, and ahonld conchide from snch com- pariiou that ueKio citizeiisliip is a failure, and tliat the negro shouUi be remitted sulistuntially to his foniii-r condition as a political chattel, not a political entity coutrolluig iiis null action, hut a political vahu- to he controlled hy white men, un- generously estimates hniiiaiiity and but poorly apjireciatcs either the temper of the times mit some of the laws that were parsed in the ditt'erent Southern States relating to the liberties of the people, some of the most infiimous laws that were ever enacted in the historj of civilized legislation. The following are some (f the provisitms of the "black code"_ of Mississippi, denominated in the statute-book "An act to confer civil rights on freedmen, and for ither purposes," approved November 24, 1865: 5G Be it enacted, cSc, That all freedmen, free negroes, and mulattoes, may sue and be sued, implead and be impleaded, in all the courts of law and equity of tlie State, and may acquire personal property and choses in action by descent or pur- chase, and may dispose of the same in tlie same manner as white persons : Pro- vided, That the provisions of this section shall not be so construed as to allow any freedman, fiee negro, or mulatto to rent or lease any lauds or tenements ex- cept in incorporated towns or cities in which places the corporate authorities shall control the same. Sec. 5. Be it further enacted, That every freedman, free negro, and mulatto shall on the second Monday of January, 1866, and annually thereafter, have a lawful home or emploj-ment, and shall have written evidence thereof. Sec. 7. Every civil officer .shall, and every person may, arrest and carry back to his or her employer any fi-eedman, fiee negi'o, or mulatto who shall have quit the service of his or lier emiiloyi'r before the expiration of his or her term of service; and said offlccr or iieisini .sliall be eutilli'd toi'eceive for ari'esting and carrying back every deserting (■iii|)loy6 aforesaid the sum of hve dollars, and ten cents jier mile from" the place of arrest to the place of delivery, and the same shall b(^ i)aid by the employer, and lulil as a set-oif for so much against the wages of said employ^. ^C. 8. Uptm the atUdavit made by the employer of any freedman, free negro, or mulatto, or auy credible person, before any justice of the peace, or member of tUe board of police, that any freedman, free negro, or mulatto employed by said eni- Eloyer has deserted said emplojanent, such justice of the peace, or member of the oard of police, shallissue his warrant, retainable before himself or other sucli officer, directed to any sherifl', constable, or spey any siii'h deserving freedman, free negro, or mulatto, or sliall sell to auy sucli tieeihnaii, free negro, or mulatto any food, raiment, or other tiling, he or she .shall lie guilty of a misdemeamu'. and upon conviction shall be lined not less than twi'uty-tive dollars ; * * * and if said fine and costs are not innniMliately paid, the court shall sentence said convict to not exceeding two iiionllis im]iiis(ui!iieiit iu tlu' c(Hinty jail, aud he or she shaK more- over be liable in damages to the paity injuiedT Seetion 2 of au act to ameutl the vagrant laws of the S^ate pro- vides : All freedmen, free negroes, or mulattoes in this State over the age of eighteen years found on the second Monday in Januajy, 1866, or thereafter, with no lawful employment or business, or found assembling themselves together e/ther in the day or night time shall be deemeU vagrants, and on conviction shall be lined fifty dollars. * , * * * * * Sec. 5. That all fines collected under the provisions of this act shall bepaid into the county treasury for geneial county puiposes, and in ca.se any fi'eeduuiu, free negro, or mulatto shafl fail for five days after the iiupo8iti(m of' any hue or forfeiture upon him or her for violation of any of the provisions of this act tJ pay the same, then it .shall be, and is hereby, made the duty of the sheriff of theproper county to hire ovit said fieediiian, free negro, or mulatto to auy person who will fiu the shortest period of service pay said tine or forfeiture and aV costs. Preference shall be given to the em]doyer, if there be one, in which •asf he shall be entitled to deduct and retain the amount so paid from the wages of such freedman, free negro, or mulatto then due or to become due; and iu cas» such freedman, free negro, or mulatto cannot be hired out, he or she may be deaA with as a pauper. Sec. 6. In order to secure a supp(n't for such indigent fre'dmen, free uegr-oes, and. mulattoes, it shall be lawful, au4ieii collected shall be paid into the county treasurer's hands and constitute a fe infamous, the sulistitution shall be, in tlie case of a white per- son, imprisounient for a time proportioueil to the line, at the rate of one day for eaeh dollar; and in the caseof a person of color enforced labor, without unnecessary pain or restraint, for a time proportioned to the fine, at the rate uuishment of the offense is limiteiug not oxceedingthiTty-nine stripes on the hare liack, or botli, at the iliscretiou of tbe jury. Section Iv! makes it unlawful for any negro, mulatto, or person of color to own, use, or keep in jjossession or under control any bowie-knife, dirk, sword, fire-ai'ms, 59 ■or ammunition of any kind, unless by license of the county .judge of probate, under a penalty of forfeiting; thein to tlie informer and of standing in the pillory one hour, or be whipped not exceeding thirty-nine stripes, or both, at the discretion of the .jui'y. Section 15 provides that persons forming a military organization not authorized by law, or aiding or abetting it, shall be fined not exceeding $1,000, and imprison- ment not exceeding six miiiiths, or he pilloiied for one hour, and be.whi])ped not exceeding tliirt.v nine stri[ies. at tlic di-^cretiou of the inry. The penalties to be threefold upon persons who accepted odices in such organizations. No. 35. — An ordinance relative to the police of negroes recently emancipated within the parish of Saint Landry. "Whereas it was formerly made the duty of the police .jury to make suitable regu- lations for the police of slaves within the limits of the ])arish ; and whereas slaves h ive become emancipated by action of the ruling powers ; and whereas it is neces- a iry, for public orunishment as hereinafter provided. Sec. 6. Be it further ordained. Tliat no negro shall be permitted to preach, exhort, or otherwise declaim to congregations of eolmed people, without a s]>icial iiermis- sion in writing from the president of tlie police .jury. An.y negro vinlaling the pro- visions of this section shall ]i;i.v a line of ti was true in almost every southern' State. Wlien the proposition was made for them to accept the fourteenth amendment to the Constitution, it was spurned with contempt, as they have spurned and resisted every step in the progress of recon- struction, under the lead of the same rash, tiery, intractable men who would now overthrow the results that have been wrought out and who are determined to do so peaceably if they can — forcibly if they must. Notwithstanding these adverse circumstances, notwithstanding the opposition of the democracy, we succeeded in framing a constitution that we are indeed proud of. It will compare favorably with the organic law of any State in any country, and tliere is one feature par- ticularly to which I will allude. In tlie constitutional convention a liroposition was offered by a rciiublican, an adventurer, as they are called by way of opprobrium, that the credit of the State should never be loaned to any corporation, and that was opposed by the democratic members of that convention. In 1869 under the resubmission act of Congress, when the question came up as to whether we would retain that clause in our constitution, the leading democratic pai)er in that State, the ])a]ier that to-day is howling about the plundering and robbery and the terrible condition of the South brought about by mis- rule under r('])ubli(ans, advocated voting that clause of the constitu- tion out. But the loyal, patriotic republicans of Mississippi voted in its favor, and to-day as a consequence our debt is only nominal, is a mere bagatelle. After we had fi-amed and ado]ited our constitution we continued the work of reconsinutiug our State. We found its treasury empty, not a dollar iii it. The democracy had robbed the State of all its trust fund. W(! coiiHueiu'ed the work of re])airing our public l)ui]diug8. We found the cajiitol ready to fall to tlie ground ; we found our asy- lums for the l>lind, the deaf and dumb, and for the insane, in ruins ; we have repaired and rebuil tthese public buildings ; we have estab- 61 lished a school system e(in;il to that of any State in this Union, and to-day in Mississippi nuder repnhlicau rule one hundred thousand chiUli'en are driuking from the fountains of knowledge ; we have biiilt up our jails and our court-houses; wo have rebuilt the bridges that were burned during the devastation of war. We have accom- plished all tiiese things under republican rule, and to-day the State is not in delit to exceed a million dollars, and she owes most of her debt to her own trust fund. We can pay every dollar we owe, and will in less than two years. We have swept out the abominable " black code" that disgraced the statute-books of Mississippi; we have sub- stituted an equitable system of taxation in the place of the imjust and oppressive revenue laws formerly in existence ; we have consti- tuted good courts and tilled them with good judges ; we have estab- lished universities and normal schools for both white and black citi- zens. Our government has been enlightened and progressive. No distinction lias ever been made between citizens and no spirit of in- tolerance or proscription has ever prevailed against any class of men. One of the first things we did was to remove all restriction upon the right of sulirage and to instruct our Senators and Representatives to favor universal amnesty in the national Legislature. Up to the time of the Vicksburgh election last sunnuer universal peace and good-will reigned throughout the State. That it does not now is due eutii-ely to the democratic White League. The expenditures of our State government are less by a number of thousands of dollars this year than they ever have been any year since the war, and the present feeling and tendency of the republican party is in favor of the utmost economy in our State. And I may say that I believe this is true of every republican State South. What is the present political status of Louisiana and South Carolina in this re- sjiect ? Is it not a fact that they are improving and reforming? Ls it not true that the State of South Carolina is better governed to- day, that there is more economy, that they are ou the road to reform? And what is true of South Carolina is especially true of Louisiana. Under Governor Kellogg's administration they have reduced and limited the indebtedness of the State, and lessened taxation almost one-third. Thei'e has been a system of economy and refoi'm inau- gurated ; and vet the democracy have the audacity to say that the tendency of hings South under republican administration is destruc- tion and th pe pie are therefore justified in these revolutions. You woukl think, to hear them talk, that there had never been anything but virtue in the South until the advent of the "carpet-baggers;" but that since the Gstablisliment of rei>ublican rule, virtue, patriotism, and honesty are unknown. We have had bad men, Mr. President, I do not deny it, but most of them have been driven out from our ranks and are in the democratic party to-day. One word, Mr. President, if the Senate will bear with me, on this question of " carpet-baggers." Sir, we are a nation of '' carpet- baggers." "Carpet-baggers" landed npon Plymouth Rock in 1620; "carpet-baggers" founded the first colony on the James ; and "car- pet-baggers" have pioneered and settled every State a tul Territory of this Union. Wherever civilization makes an advance it is tlie carpet- bagger that makes it. Why, sir, out of twenty governors of Missis- sippi prior to the war only one was a native of the State, and out of fifty-nine members of Congress and Senators who represented Mis- sissijjpi in this Ca]iitol before the war only three or four were " to the manner born." I (h)ubt not tliis is Irue of all oiu- Western States. It is the feature of our civilization. Here is a list of carx)et-bagger8 in the present Congress: m [Note. — The word "native," signifies tliat the member is a native of the State, and "foreigner," tliat he is a uon-native or foreigner; the few unknown being classed as non-native.] States. Alabama Arkansas California Connecticut Delaware Florida Georgia Illinois Indiana Iowa Kansas New Hampshire New Jersey New York North Carolina. . Ohio Oregon Pennsylvania . . . Ehode Island Kentucky Louisiana Maine Maryland Massachusetts . . Michigan Minnesota Mississippi.. Mis.souri Nebraska C native \ foreigner. ( native \ foreigner. ( native \ foreigner. < native \ foieigner. ( native ) foreigner. ( native ) foieigner. , ( native ( foieigner. ( native... .. I foreigner. 5 native.. . . . \ foreigner. ( native I foreigner. ( native I foreigner. C native X foreigner. ( native.,. . . \ foreigner. . ( native , . . . \ foreigner. ( native I foieigner. ( native \ foreigner. < native \ foreigner. ( native .. . , \ foreigner. C native I foreigner. , C native \ foreigner. , ( native .. .. \ foreigner. . \ native \ foreigner. , ( native .. . . \ foreigrner. , ( native \ foreigner. , ( native . . . . . X foreigner. ( native ( foreigner. ( native - . . . X foreigner. ( native ( foreigner. . ( native . ,. X foieigner. 63 states. Nevada. South Carolina. Tennes.see. Texas Vermont. "West Virginia. ( native \ fortdguer. ( native ( foreigner. . C native I foreigner. . < native I foreigner. . C native l foreigner. . ( native I foreigner. . S native foreigner. . Wisconsin. ( native I foreig ner. Total native Total non-native.. 149 141 117 130 Why, sir, how did you expect to carry out your reconstruction ex- cept by the " carpet-bagger ? " You adopted the thirteenth, fourteenth, and fifteenth amendments, and put on paper some very wise legisla- tion in regard to tlie rights of American citizens. But, sir, legisla- tion don't carry itself into ett'ect. It was the " carpet-bagger " that carried out your legislation, and at the risk of his life put the ballot practically in the hands of those to whom you had given it as a right. Without the "carpet-bagger " your amendments and your leg- islation would have been a dead letter, and unless he is sustained the work already accomplished will come to naught. Mr. President, I hfive endeavored in my humble way to show to the Senate in the first place that this great clamor that has been raised in this country over Louisiana was perfectly groundless. I have endeavored to show that the President of the United States, in his action in Louisiana, has done nothing more and nothing less thau he was required to do under his oath, to uphold aiid sustain the Con- stitution. I have shown that the military officers in command of the Army in the State of Louisiana have simply obeyed the law. I have shown that all this outcry about "military usurpation" and the "terrible blow struck at liberty " iu the removal of five men from the legisla- tive hall in New Orleans is groundless and for a purpose. I have en- deavored to show that so far from a legislature being invaded, it was nothing but a mob ; and that the five men who wt'ic ejected from the hall had no right to be there participating in its organization. I have endeavored to show that there was such a condition of things in Louisiana thfit the governor of that State was authorized and re- quired to do what he did ; and had he done anything less he would have been derelict of his duty. When he had the evidence that the law was being trampled under foot, that a mob had entered the very legislative halls, he called upon the poi^fic comitatus to preserve the peace and protect the majority of that Legislature from mob violence^ LIBRARY OF CONGRESS 64 014 544 679 P I say he callerl the j^ossc comitntiis, and I have endeavored to show that in calling upon the military he was justified under the laws of the country ; that it is a well-established principle of connnou law both in England and this country that the posse includes all citizens, not excepting persons in the military service. I cited to sustain this position the opinion of a most distinguished lawyer, the Hon. Caleb Gushing, to the eftect, that a conservator of the peace has a right to call upon the military of any denomination or character as a jJosse comitatiis ; and therefore, the chief conserva- tor of the peace in Louisiana was justified in calling upon General De Trobriaiid and his troops to assist him to preserve the peace. I have endeavored further to show that this hue and cry about the condition of aft'airs in the South, the plundering of the people by "adventurers" and "strangers," is for the most jiart gotten up for po- litical eifect, and is not founded on facts. I have endeavored to show that outrages, murders, and assassinations have been prevalent in the South, and that organizations of men, led on by a vile " ban- ditti" for the purpose of overthrowing the southern governments, exist there ; and the fallacy and absurdity of the attempt made by the opposition to make it appear that these statements are only for partisan eftect. In closing, I desire to say to my democratic friends, I desire to say to the distinguished Senator from Ohio, [Mr. Thurmax,] that instead of palliating he ought to denounce these things. I have great confi- dence in his patriotism ; I admire his ability as a statesman ; and I do not believe that if he understood the facts as I understand them, if he knew the real condition of aftairs in the South, he would hesitate to give them his censure. I call upon him to investigate this matter and carefully weigh the facts that have been presented, and I say to him that if he as the leader of his party in the Senate would stand in his place and denounce these outrages and say to these miserable murderers at the South, " Stoji your murder, stop your assassination, and if there is not force and power enough in your State governments to punish you, we will see that the strong arm of the National Gov- ernment will reach to you ; " if the Senator will make that announce- ment, and it shall be known that that is the policy of his party, we shall hear no more cries about outrages in the South. Every base Ku-Klux and white-leaguer will disajipear ; we will have peace and quiet in that country. But so long as these uiurderers and their inhu- man and diabolical crimes find a kind of a[)ology in the very Halls of the national Capitol, so long we shall sufter violence and outrage and revolution, and in the end, in my humlde jutlgment, if continued it will result in the overthrow of our republicau institutions. LIBRARY OF CONGRESS 014 544 679 A