I wish to state that I make this report after due reflection, and am convinced that reënforcements should be sent to Yanceyville immediately. Please reply, by telegram, to Pelham, as soon as possible. I will wait there for answer. I am, sir, very respectfully, your obedient servant, Lieutenant J. W. POWELL, GEO. B. RODNEY, Captain Fourth Artillery, Commanding Company D. Eighth Regiment of Infantry. A. A. A. General, District of North Carolina, Raleigh, N. C. P. S.-I shall be ready to-morrow, on receipt of order to that effect. A man will be at the Pelham station until a dispatch is received. FRANK G. SMITH. Mem. I telegraphed immediately, ordering Captain Smith to Yanceyville. H. J. H. F. HEADQUARTERS STATION OF YANCEYVILLE, N. C., SIR: I have the honor to report the arrival of my company (H, Fourth Artillery) at this station, the movement having been made in obedience to your telegraphic order of yesterday. Colonel Kirk, with two hundred of his men and all his civilian prisoners, marched hence, very quietly, for Company's Shops, a station on the North Carolina Railroad, at 5 p. m. yesterday, leaving a small force in the court-house, with a major in command. Unless the whole force of militia should return to Yanceyville, no more troops will be required here. All is quiet now. Very respectfully, your obedient servant, First Lieutenant J. W. PoWELL, FRANK G. SMITH, Captain Fourth Artillery, Commanding. A. A. A. G., District of North Carolina, Raleigh, N. C. [IN THE SENATE OF THE UNITED STATES, December 16, 1870. Resolved, That the President be requested to communicate to the Senate all information that he may possess relative to organized bodies of disloyal and evil disposed persons in the State of North Carolina, which have in view or threaten resistance to the execu tion of the laws of the United States, or denial to the citizens of the United States of the equal protection of the laws, and the free enjoyment of the rights and liberties secured to them by the Constitution; and also what murders and outrages for political purposes have been committed by such organizations of disloyal persons. Attest: Official copy, respectfully referred through headquarters Military Division of the Atlantic to the commanding general of the Department of the East for report. By command. E. D. TOWNSEND, Adjutant General. HEADQUARTERS DEPARTMENT OF THE EAST, Official copy, respectfully referred to Captain George B. Rodney, Fourth Artillery, for a full report on the matters within referred to. By command of Brigadier General McDowell. C. MCKEEVER, Assistant Adjutant General. FORT MCHENRY, MD., January 1, 1871. Respectfully returned to headquarters of the Department of the East. I know nothing whatever of the matters within referred to. GEO. B. RODNEY, Captain Fourth Artillery. BROOKLYN, NEW YORK, January 9, 1871. MAJOR: In compliance with indorsement from department headquarters of December 24, 1870, I have the honor to make the following report upon affairs in North Carolina, referred to in the resolution of the Senate of the United States, of December 16, 1870: I commanded the post of Raleigh, North Carolina, from the 1st of May, 1870, until the latter part of October. Civil law having been restored in North Carolina, my duties in relation to the civil authorities, as commanding officer of the military post of Raleigh, consisted of giving such assistance when called upon by them as is authorized by the Constitution and laws of the United States. I was not in position, therefore, to become officially advised of the difficulties and obstacles to the enforcement of the laws of the United States, or of the outrages and murders committed upon citizens, except when called upon by the civil authorities for military aid in the enforcement of civil law. In two instances I furnished the United States marshal with a military force to aid him in making arrests. In one instance it was for resistance to the enforcement of the revenue laws of the United States, and in the other to arrest a party of twelve men charged with banding together, and shooting several times a colored man for political reasons. The arrests were made of nine of them, and a hearing before the United States commissioner resulted in four of these being held to bail for their appearance before the United States court. Application was made in other similar cases for military aid, but it was not furnished, because the marshal did not present the necessary evidence of his inability to make the arrests by the ordinary civil means. I afterward learned from the marshal that he did not make those arrests until he obtained a military force from the State authorities. He claimed that he was unable to make arrests in these cases, because of the organized bands of the Ku-Klux Klan, which it was alleged existed in many parts of the State of North Carolina, and by whom these outrages were committed. That the notoriety of their murderous operations and atrocious character were the only evidence he could present of the necessity for a military force, and sufficient to deter him from au effort to arrest them without it. It was generally conceded, I think, by all parties, that such bands or organized bodies did exist in many parts of the State, though their purpose is differently stated. By some to counteract the effects of an organization known as Loyal Leagues; by others to protect the whites against the negroes, by summarily punishing outrages committed by the latter upon the whites; and by others still to promote the interests of the democratic party. I think it, in a measure, undertakes all these offices.. There were a great many murders and other outrages attributed to them for political purposes, notably that of a State senator, Steaven, of Caswell County. There appeared to be no other assignable reason for his murder. Having no records or data before me, I am unable to make my report upon this subject as full or precise as I otherwise could. Very respectfully, your obedient servant, Major C. MCKEEVER, ROYAL T. FRANK, Captain First Artillery, late Commanding Post of Raleigh. Assistant Adjutant General, Department of the East, New York City. EXECUTIVE DEPARTMENT, STATE OF NORTH CAROLINA, Raleigh, May 9, 1870. SIR: The organization known as the "Ku-Klux Klan" have committed many acts of violence in Orange, Alamance, Chatham, Moore, Caswell, and other counties of this State. Colonel Hayman, the former commandant of this post, had a full company at the town of Graham, in Alamance County, but this force has been withdrawn by the late order. It is very important for Alamance and Caswell, the counties now most infested with this secret armed organization, that troops should be retained at Graham, with instructions to detail a squad for the town of Yanceyville, in Caswell County. I am glad to be able to state that these excesses are abating; but the most effectual mode to fully extinguish them is to place Federal troops in certain localities. The fear of the national power is such that a course of this kind will command the peace, and enable the civil officers of the State to execute legal process, and thus bring offenders I have the honor to be, very respectfully, your obedient servant, P. S.-I have no objection to leaving the detachments to be sent to the discretion of Colonel Frank, the commandant at this post. A true copy: Major General IRWIN MCDOWELL, Commanding Department of the East, New York. W. W. HOLDEN, Governor. Assistant Adjutant General. C. MCKEEVER, STATE OF NORTH CAROLINA, ADJUTANT GENERAL'S OFFICE, MAJOR: By direction of Governor Holden, I have the honor to request that a detachment of Federal troops, (at least fifty men,) be sent to Robeson County, to aid the civil authorities in the execution of the law, and in giving protection to life and property. By order of his Excellency I have recently visited that county, and found the condition of affairs truly alarming. The civil law is openly set at defiance by a gang of desperadoes, who rob and murder very much at their own pleasure. They have gone so far as to lay plans for stopping and robbing the mail train, which passes through a tangled swamp in that county. The census taker informed me he dare not visit certain townships for the purpose of completing his report. He is a magistrate, and has endeavored to bring to justice persons accused of murder. The citizens have became so alarmed and enraged that they have turned out and killed one, and wounded others accused of being in sympathy with the gang aforementioned, when, upon further investigation, they find the innocent have suffered. From the fact that the outlaws and their victims belong to different races, it has given rise to so much of political feeling that there is no hope of peace except through the interference of the United States troops, whose presence all parties unite in soliciting. The power of the State has become exhausted. The sheriff of the county said he could not arrest the felons, or prevent more innocent blood from being shed. The magistrates decline to act further until they receive protection. The presence of Federal troops will intimidate the guilty and encourage the timid to aid in the support of the laws. I have the honor to be, very respectfully, your obedient servant, P. S.-If necessary, the Governor directs me to say that the troops at Graham better be sent to Robeson County than to remain at Graham. HEADQUARTERS DEPARTMENT OF VIRGINIA, The following instructions from the headquarters of the Army are republished for the information of post commanders and for their guidance in all cases where they may be called upon by the civil authorities for military interposition to preserve the peace or for troops to assist in the execution of civil process: HEADQUARTERS OF THE ARMY, GENERAL: The following instructions from the Secretary of War are furnished for your government: To the end that the necessary aid may be rendered by the United States as promptly as possible in any case of insurrection or domestic violence in the States embraced in your military department, you will keep yourself informed of the condition of affairs in said States, and communicate promptly by telegraph to the War Department, through the headquarters of the Army, any facts which may make it the duty of the President, under the Constitution and laws, to employ the military force of the United States. You will also maintain such disposition of the troops under your command that they may be ready to act without delay upon receipt of the President's orders, stationing them at, or from time to time moving them to, points where you may have reason to apprehend a necessity for their use. The following extracts from the Constitution and laws of the United States indicate the conditions under which the military force of the United States may be lawfully employed to suppress insurrection against the government of any State: Constitution, Article IV, Section IV.-The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive, (when the legislature cannot be convened,) agains♦ domestic violence. Act of Congress approved February 28, 1795, Section 1. And in case of an insurrection in any State against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such State, or of the executive, (when the legislature cannot be convened,) to call forth such number of the militia of any other State or States, as may be applied for, as he may judge sufficient to suppress such insurrection. And section 3: Provided always, and be it further enacted, That whenever it may be necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the President shall forthwith, by proclamation, command such insurgents to disperse and retire peaceably to their respective abodes within a limited time. Act of Congress approved March 3, 1870.-Be it enacted, &c., That in all cases of insurrection or obstruction of the laws, either of the United States or of any individual State or Territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States as shall be judged necessary, having first observed all the prerequisites of the law in that respect. By command of General Grant: E. D. TOWNSEND, Assistant Adjutant General. Brevet Major General R. C. BUCHANAN, U. S. A., Commanding Department of Louisiana, New Orleans, La. HEADQUARTERS OF THE ARMY, GENERAL: In reply to your request for instructions relative to the use of the troops under your command in aid of the civil authorities, the Secretary of War directs to be furnished for your information and government the inclosed copies of a letter of instructions to Brevet Major General Buchanan, commanding Department of Louisiana, dated August 10, 1868, and of a letter from the Attorney General of the United States to Alexander Magruder, esq., United States marshal northern district of Florida, dated August 20, 1868. The letter to General Buchanan indicates the conditions under which the military force of the United States may be employed to suppress insurrection against the government of any State, and describes the duties of the department commander in reference thereto. The letter of the Attorney General sets forth the conditions under which the mar shals and sheriffs may conimand the assistance of the troops in their respective districts or counties to execute lawful precepts issued to them by competent authority. The obligation of the military, (individual officers and soldiers,) in common with all citizens, to obey the summons of a marshal or sheriff, must be held subordinate to their paramount duty as members of a permanent military body. Hence the troops can act only in their proper organized capacity, under their own officers, and in obedience to the immediate orders of those officers. The officer commanding troops summoned to the aid of a marshal or sheriff must also judge for himself, and upon his own official responsibility, whether the service required of him is lawful and necessary, and compatible with the proper discharge of his ordinary military duties, and must limit his action absolutely to proper aid in execution of the lawful precept exhibited to him by the marshal or sheriff. If time will permit, every demand from a civil fficer for military aid, whether it be for the execution of civil process or to suppress insurrection, should be forwarded to the President, with all the material facts in the case, for his orders; and in all cases the highest commander whose orders can be given in time to meet the emergency will alone assume the responsibility of action. By a timely disposition of troops where there is reason to apprehend a necessity for their use, and by their passive interposition between hostile parties, danger of collision may be averted. Department commanders, and in cases of necessity their subordinates, are expected, in this regard, to exercise upon their own responsibility a wise discretion, to the end that in any event the peace may be preserved. By command of General Grant: Major General GEORGE G. MEADE, U. S. A., J. C. KELTON, Assistant Adjutant General. Commanding Department of the South, Atlanta, Georgia. HEADQUARTERS OF THE ARMY, ADJUTANT GENERAL'S OFFICE, GENERAL: In addition to the instructions furnished you from this office on the 10th of August, 1868, the Secretary of War directs that your attention be called to the inclosed copy of a letter from the Attorney General of the United States to Alexander Magruder, esq., United States marshal northern district of Florida, dated August 20, 1868, setting forth the conditions under which the marshals and sheriff's may command the assistance of the troops in their respective districts or counties, to execute the lawful precepts issued to them by competent authority. The obligation of the military, (individual officers and soldiers,) in common with all citizens, to obey the summons of a marshal or sheriff, must be held subordinate to their paramount duty as members of a permanent military body. Hence the troops can act only in their proper organized capacity, under their own officers, and in obedience to the immediate orders of those officers. The officer commanding troops summoned to the aid of a marshal or sheriff must also judge for himself, and upon his own official responsibility, whether the service required of him is lawful and necessary, and compatible with the proper discharge of his ordinary military duties, and must limit his action absolutely to proper aid in execution of the lawful precept exhibited to him by the marshal or sheriff. If time will permit, every demand from a civil officer for military aid, whether it be for the execution of civil process or to suppress insurrection, should be forwarded to the President, with all the material facts in the case, for his orders; and in all cases the highest commander whose orders can be given in time to meet the emergency will alone assume the responsibility of action. By a timely disposition of troops where there is reason to apprehend a necessity for their use, and by their passive interposition between the hostile parties, danger of collision may be averted. Department commanders, and in cases of necessity their subordinates, are expected in this regard to exercise upon their own responsibility a wise discretion, to the end that in any event the peace may be preserved. By command of General Grant: Brevet Major General R. C. BUCHANAN, J. C. KELTON, Assistant Adjutant General. Commanding Department of Louisiana, New Orleans, La. WAR DEPARTMENT, Washington City, September 14, 1868. GENERAL: Your communication of September 1, inclosing, for the information of the President, a communication from the governor of Louisiana, making application for troops, and your reply thereto, and a copy of your circular No. 2, of September 1, have been received. The peculiar condition of the Southern States at this time renders it necessary for the Army to do all that the laws allow for the preservation of peace. The mere presence of troops is generally sufficient to prevent a serious breach of the peace. As it is generally lawful and proper for the military commander to send his troops wherever he may apprehend a necessity for their use, it is much better thus to prevent such necessity than to wait until it has actually arisen. |
