: Library of the University of North Carolina Endowed by the Dialectic and Philan- thropic Societies. wii it Ii il i il S708R Wile, 000327 ET Se ita FOR USE ONLY IN THE NORTH CAROLINA COLLECTION tintere 1 , WASHINGTON: : F, & J. RIVES & GEO. A. BAILEY, REPORTERS AND PRINTERS OF THE DEBATES OF CON¢ | 1871. ; ae BOL wee iv {\ - hype beee55 ‘Enforcement of Fourteenth Amendment, The House having under consideration the bill (Hl. R. No. 320) to enforce the provisions of the four- teenth amendment to the Constitution of the United States, and for other purposes— Mr. WADDELL said: Mr. Speaker: I rise to the performance of a sacred filial duty to my mother State. And it is fortunate for me that [am called upon to do so to-day, because very recently, in another place, another of her children in- trusted with her honor and her dearest inter- ests, a sentinel upon her highest watch tower, has betrayed his trust. Sir, in the criminal code of the Romans there. was no provision made for the punishment of parricide, be- cause it was considered an impossible crime. The unnatural being who could slay father or mother was considered as outside of the range of possibilities in creation. What shall be said of the American citizen who, when his mother State lies prostrate and helpless under accumulated calamities, unparalleled in ihe history of this country, when she stretches her bleeding arms and utters her pleading voice to him to aid and defend her, not only turns a deaf ear to hercry, but can become the will- ing tool of her defamers and despoilers; can, not only stand by consenting unto her death, but can himself give the last, final stab to her honor and her life? Sir, such a character as that and occupying his position was fitly de- seribed in the burning language of the poet- patriot of Ireland: ‘‘Unovrized are her sons till they’ve learned to be- ray, Und'stinguished they live, ifthey shame not their sires; Ana thetoreh that would light them thro’ dignity’s way Must be caught from the pile where their country expires.” ay O~ 2 + Mr. Speaker, it ought not to operate to the prejudice of the State most. deeply interested in the legislation contemplated here that her Representatives have deferred to others and have yielded to them all the earlier hours of this debate. Such a course was consonant with our feelings, and I think somewhat character- istic. It isimpossible, evenin the hour allowed by the rule, for any opponent of this bill to do justice either to the subject or to himself. I shall not discuss it in its constitutional aspects, but [ ask the indulgence of the House for a few moments while comment upon the alleged causes which are supposed to justify it, partic- ularly as touching my own State. In its effects the bill is ostensibly to be of universal appli- cation, but the debate has developed the fact, if it was not already known, that it is merely a party scheme, the operation of which is in- tended to be confined to that portion of the country which gentlemen take particular pleas- ure in designating as ‘‘the insurrectionary States.’’ It is an indictment against them, founded upon voluminous hearsay testimony, and the prosecutors have, unfortunately, I think, for the peace of the country, presented their arguments to the House, not in the calm spirit which should characterize the discussion of asubject so vast and far-reaching, but rather in the temper of the heated partisan. Now, sir, I shall not follow this example. I am not of that political temperament and never was, and it is gratifying to me to feel- that there are gentleman on the other side who know the fact. My friend, the honorable gen- tleman from Pennsylvania, [Mr. Keer, | to whose manly and generous conduct [ am chiefly indebted for my prompt admission to the seat I oceupy, a friendly service fer which 4. I wish to make this public acknowledgment, knows that ever since the termination of the late war my efforts have been directed to the promotion of peace, justice, and good order in my native State; he knows that as early as the summer of 1865, before the Government had taken any step toward the enfranchisement of that race of which he is the eloquent cham- pion, and when the majority of those who are ‘now his political associates were afraid to |-advocate that measure J, alone and in the face jof a public opinion of which even he had iscarcely a just appreciation, made a. public fspeech in its favor. For this reason I have hoped that what I may say in regard to the “condition of affairs in North Carolina would be accepted by him and others as at least free from misrepresentation and undue prejudice. Mr. KELLEY. Will the gentleman allow me a moment? Mr. WADDELL. Certainly. Mr. KELLEY. I wish to testify to the truth of what the gentleman has stated. Mr. WADDELL. I hope this will not be taken out of my time. . Mr. KELLEY. I do it out of the gratitude I have borne him from those early days for an argument in behalf of that oppressed race, that would have done credit to any, the most enthusiastic, northern man. Mr. WADDELL. Itis grateful to my feel- ings to hear those things, but 1 have not time to yield further. h Thave voted, Mr. Speaker, on every occasion for an investigation into these alleged outrages in my State, not because I believed ‘in the necessity or in the power of Congress to send out such an itinerant grand jury, but because { was unwilling to give the slightest ground for the suspicion that either I or my constituents were averse to the most rigid investigation which could be instituted into the terrible crimes which are laid at our doors; and after I was appointed on the committee of thirteen, I tried, on three different occasions, to get the floor in order that I might ask to be excused from serving, because I desired to see that committee composed exclusively of gentlemen from the northern States. I was willing for an investigation, because I am satisfied that, when the whole truth is known, the people of the North will begin to understand some of the grievous burdens which the people of North Carolina have been compelled to bear, and which they have borne in a manner that justi- fies me in saying thatif inexhaustible patience be an attribute of God, they have exhibited at least one Divine quality. Ido not deny that crimes have been com- mitted in North Carolina. I donotdeny that in a small portion of the State bands of dis- guised men have violated the criminal laws of the State. Although without personal knowl- edge on the subject, the published testimony satifies me that such has been the case, just as Iam satisfied that similar outrages have oc- curred, and are daily occurring, in the States of the North and Northwest—the only differ- erence being that the Ku Klux of the South wore disguises, which prevented recognition and consequent punishment, while those of the North commit their crimes undisguised and in open day. ‘. Mr. ELDRIDGE. I wish to call the gen- tleman’s attention to the fact that in Iowa the other day men disguised went into a post office there, took out the postmaster and lashed him, Mr. WADDELL. Yes, sir; men disguised with masks. Mr. ELDRIDGE. According to the alleged Ku Klux plan. Mr. WADDELL. I do not excuse or palliate these offenses, nor do my constituents; and I do not intend to be forced into any such posi- tion by gentlemen, who appear to be unable or unwilling to distinguish between opposition to unjust and unconstitutional legislation and sympathy with the crimes to the suppression of which that legislation is directed. But while I admit that crimes have been committed and » that from various causes the perpetrators of them have escaped punishment, I do most emphatically deny that the people, or any con- siderable portion of them, countenance or en- courage the wrong-doers. I deny that there has been or is now any resistance to the exe- cution of the laws, State or Federal. I deny that the property or lives of loyal men (which too often means licensed thieves) are not safe down there; and I assert that the humblest officer in the State, even though he be a negro constable, so black that charcoal would make a white mark on him, can go in safety, alone, and at midnight, and arrest the best citizen of the State. Admitting all that can justly and truthfully be said against her people, I assert that in no State of this Union is there now or has there been less crime of any kind than in the State of North Carolina. I assert that amore quiet, © peaceable, and law-abiding people than her citizens do not live on earth, not even except- ing that favored land which was blessed by the nativity and now rejoices in the existence of the gentleman from Massachusetts. Still they have been pilloried before the world as a decivilized community, in which social chaos prevailed; the State has been represented as one in which the genius of murder held high carnival, as an accursed land of outlaws and assassins, in which there was no protection for life, liberty, or property, and upon which the iron hand of military power must be laid to reduce it to order and peace! We, her Representatives on this floor, have sat quietly and listened to the denunciations of our people by gentlemen who have no other acquaintance with them than such as they have ») gathered from their slanderers and traducers, until we would have been lost in amazement except for the fact that no style of argument other than that of generosity can surprise us. We have no bitter words to say to gentlemen on the other side while defending our State and our people. They have worn the collar six long, weary years in silence and sorrow, and if they had not been sustained by the deathless spirit of true heroism and love of liberty they would have utterly succumbed to their fate. They must still submit to whatever legislation is provided for them; but, although reduced to a condition of political degradation heretofore unknown in this country, although smitten by poverty, plundered and oppressed, they still struggle manfully on, clinging to the hope that their countrymen will yet do them justice, and restore to them their rights. I will describe to youina few words the true condition of the people of North Carolina after the war, and their experience during the past five years of Republican rule, while under the absolute control of ‘‘the party of progress and great moral ideas,’’ and I will say at the outset that no party in the history of this country ever had such an opportunity to per- petuate its power by intrenching itself behind impregnable lines, and no party ever so ut- terly wasted its opportunities and so covered itself with disgrace. Coming out of the great struggle like a strong man exhausted by fever, the State lay prostrate and helpless. I shall not insult the intelligence of the House by dwelling on the evils attending the annihila- tion of the entire labor system of a country at a single blow, nor shall I harrow my own feel- ings by a recital of the sufferings and humili- ations to which our people were subjected. Suffice it to say that they presented a con- dition which demanded, if not the experiment of active charity, at least the privilege of exemption from further molestation. They had complied with all that was required of them by the Government, and only desired to rebuild, as best they might, their waste places. The, public debt of the State, principal and interest, was about seventeen million dollars, an immense sum to people so impoverished as they were. Well, sir, without going further into details, this was our condition when ‘‘the party of great moral ideas’’ took possession. ‘hey proclaimed their intention to be, while elevat- ing the colored race, to inaugurate a new era of reform in all other respects—an enterprise; for his participation in which, one of the new legislators declared that his name would descend to ‘‘de arkives of grabity,’’ a region which the plummet of philology has, I believe, never yet explored. They took charge of all the departments of the State government, and after multiplying | | officers ad tnfinitwm under a constitution en- tirely new to the people; after wiping out the judicial system which had become venerable, and to which the people were attached, even descending in a spirit of petty revenge to the business of changing the names of localities offensively ; after destroying the State Univer- sity without substituting anything in its stead, and after many similar preliminaries, they increased the State debt at a single bound to the comfortable figure of $35,000,000 for the purpose of building railroads and developing resources generally—a legislative feat which was accomplished by the judicious expendi- ture of $200,000 by a loyal gentleman in the establishment of a free bar-room in the capitol, with peanuts thrown in. ‘Ten millions of this debt having been declared unconstitutional by the supreme court, there was still left and now stands a debt of $25,000,000. No railroad has been built, and the money was used by a loyal gentleman named Littlefield, from Pennsyl- vania, and an enterprising native named Swep- son, partly I believe in buying out the State of Florida from a gentleman from Wisconsin. Loyal Leagues had been organized through- out the State, in which the colored population were welded together in solid mass under oath in opposition to the native whites, and the practical teaching of these organizations was that the latter must be kept down. ‘The crop thus sowed began to come up in crimes, the perpetrators of which sometimes escaped de- tection, and sometimes were convicted only to be pardoned and turned loose on society again. I said a few moments ago that I had no per- sonal knowledge of any of these outrages, but I will qualify that expression. In the practice of my profession I was present in court once when a very bad case was testified to. The prosecuting witness, who was the victim, was a poor colored man, who exhibited his scars and told the pitiful story of how, while sitting by his humble hearth, in the twilight of an autumn evening, he had been seized, conducted from his house to the bushes, and there cruelly flogged by three of his neighbors. They were colored neighbors, and in answer to his demand why he was so outraged, they told him that he had stayed at home on the day of election, instead of going and voting the Republican ticket. They admitted, as [ was informed, before the committing magistrate that they had done the deed under instructions from the chief of the Loyal League for that county. Those men were tried by a white jury, sentenced by a Democratic judge to the penitentiary, and duly pardoned out by the Republican Governor, Mr. Holden. Similar occurrences took place in other parts) of the State, except that generally it was a white man’s property burned up or his wife | or daughter insulted ; and, as might have been ——— —- — texpected, retaliation sometimes occurred, and then it was that these deplorable crimes were committed, crimes which I denounce as severely as any man in the United States; crimes which | am happy to know no longer take place in North Carolina, and which have never been countenanced, so far as I know, by any decent man in the State.) I have not told the hundredth part of the story. J have said nothing about the imbecile, drunken, and (in at least one case) corrupt judges who have been foisted on those people, and who now grease the bench, and soil the ermine once worn by a pure and learned judi-. ciary. I have not even mentioned the acts of Governor Holden in importing a band of cut- throats, under Kirk and Bergen, into the State, and the tortures inflicted upon aged, distin- guished, and unoffending citizens, for which he has been impeached, convicted, and removed from office. I will not dwell on these things, for I wish to avoid the utterance of any intem- perate language, or to give expression even to the righteous indignation which their remem- brance excites. I will allude to one matter, and in doing so Lhope I shall carefully regard the proprieties of this occasion. It has been asserted that the perpetrators of these cowardly crimes were confederate soldiers, who might be tried by drum-head court-martial for violation of their parole and shot. Mr. Speaker, the only evi- dence of that fact is the statement of a self- confessed perjurer, that he ‘‘ supposed’? it was so, because almost every man in the country had been in the army. Sir, this is the most cruel slander which has yet been hurled against a gallant people. Whatever the opinion enter- tained in regard to the criminality of the south- ern people in waging war by those who received ; a different political education, I spit upon and the world will laugh to scorn the allegation that the soldiers who fought four years against overwhelming odds and so brilliantly illus- trated the martial qualities of the American people are a set of skulking and cowardly assassins. No, sir, whatever else you may say about them, you cannot utter that libel with- out making yourself ridiculous, and no one of the thousands of gallant Federal soldiers who met them when this continent shook be- neath the thunder of artillery and the tread of armies will ever so disgrace himself and dishonor his own comrades as to speak that slanderous word. ‘They were crushed, sir, and returned with bleeding hearts and tattered gar- ments to desolated homes, but, thank God, sir, they kept their plighted faith, and their honor is unstained. Now. Mr. Speaker, to return to the bill | under consideration, I wish to utter my solemn srotest against its passage, not merely because it will affect the people whom I represent, but — se as an American citizen, who, regardless of your incredulity, still loves his country and earnestly desires to promote her glory and prosperity. If the people of the South were inspired by a sentiment of revenge toward their country- men, if, like Samson of old, they wished to involve the whole American people with them- selves in a common ruin, | know no way in which that sentiment could be more swiftly and surely gratified than by the passage of this bill. Pass it and you tear down the last column on which rests the still fair but dis- figured temple of American liberty. Pass it, and by congressional enactment you will have Lestablished an absolute despotism, not over the South alone, but over the whole country. Pass it, and the whole power of this Govern- ment will be in the hands of one, whose hands never relax their grasp on anything that is put intothem. And then you will see that of which you have now buta glimpse; then you will indeed see him ‘‘instruct his priuces after his will and teach his Senators’’—not to oppose his schemes of aggrandizement. If gentlemen will not listen to the protest of the people of the southern States against this rank usurpation, because they are accus- tomed to disregard appeals from that quarter, let them at least, for their own sake and that of their children, whose rights and liberties are imperiled, cease this violent, unconstitu- tional, and revolutionary legislation, which can bring only evil upon the country, the whole country; for the man must be a stark fool who cannot see that, however strong the dis- position to limit the operation of this bill to the southern States, it will inevitably and in- ~ exorably extend its deadly influence over the whole land. I feel, Mr. Speaker, the extraordinary cir- © cumstances by which I and my southern col- leagues find ourselves surrounded on this oc- casion. I feel that I stand here to-day a mes- senger, sent back by those who have passed through the bitter waters of a Dead sea, to warn their more fortunate brethren who have not yet reached its shores of what awaits them’ in its passage, and to arrest their footsteps. It will be well with them if they heed the warn- ing. Bat if they do not,.if they will persist in their blind march into the region of political darkness and death, we will at least have the satisfaction of knowing that the calamities which surely await them are in no wise charge- able to us. Ido not doubt that some gentlemen on the other side really believe all the horrible stories which have been told them in regard to the condition of affairs in North Carolina and throughout the South, and are sincerely con- cerned about it. It is, perhaps, natural for ' those who have been taught from childhood to regard the people of that portion of the country as semi-barbarians, if not absolutely hostes humani generis, to lend a willing ear to any discreditable report concerning them. It is not, perhaps, extravagant to say that, un- consciously it. may be, they are just the least bit prejudiced on this subject. But I accord to them, notwithstanding this, a willingness, if not a desire, to do justice even to us. Do those gentlemen ever study the situation of our people by the light of history and the experience of other nations? With their esti- mate of southern character, ought they not to have expected even worse things during the past six years than their own credality has been able to realize? When general demoralization accompanied victory and unlimited prosperity for them, did they expect defeat, humiliation, and bankruptcy to bring an elysium of peace, order, and contentment to us? With capital all gone, labor completely disorganized, and the whole land in tears, did they expect unbroken quiet to reign and the shattered wheels of local government to turn smoothly, though in the hands of ignorance and vice? And yet, sir, has not the recuperative energy of those people been the wonder of our day? Is not the rapidity of their progress toward prosperity, in spite of the paralyzing legisla- tion to which they have been subjected, and the numberless evils with which they have been afflicted, unparalleled in the history of the world? Js not the single fact that the cotton crop of this past year is the largest but one _ which was ever raised, and the additional fact _that there has been an equal development of the other industries of the country, an over- whelming argument to disprove the existence of such a state of things as has been repre- sented here? Ay, sir; no amount of hearsay testimony given by interested witnesses as to for this measure. the prevalence of general disorder thronghout the South can stand a moment against such facts as these. They are the most unerring witnesses that can be found, and they are unim- peached. Now, Mr. Speaker, I shall bring my remarks to a close, and in doing so I desire to address myself to gentlemen who contemplate voting The people of those States which gentlemen seem to take pleasure in designating as ‘‘the States lately in rebel- lion,’’ people whom gentlemen still continue to denominate ‘‘rebels’’ in this sixth year of . peace, are quite accustomed to military rule, the suspension of the writ of habeas corpus, and the Jike. It is no new thing to them. Bad and disgrace@l as it is to American civil- ization, itis better than some of the so-called civil governments which have existed in those States. If your eagerness to secure the bless- ings of that kind of government is so great that you cannot be happy until it is established everywhere throuhout the country, perhaps, those of us who have experienced those bless- ings ought not to be so selfish as to oppose -your equal participation in them. It is barely possible, after all, that under the influence of a catholic spirit the southern people may rejoice with you in the accomplishment of your purpose. But I serve notice on you now and. here, before the American people, that when your purpose is accomplished, when b a reckless violation of the Constitution of your country, in order to carry elections and | to maintain a party in power, you shall have delivered over your constituents, bound hand and foot, to the mercy of a military despot, you cannot turn your frightened gaze toward those upon whom you have so long been accus- tomed to lay your burdens, and pile upon their bowed heads this last load of crime and folly. Pnoromoun Pamphlet Binder Gaylord Bros. Makers Syracuse, N. Y PAT. JAN 21, 1908