The Ku-Klux Klan (1871)

BY THE FEDERAL GRAND JURY

To the Judges of the United Slates Circuit Court:

IN closing the labors of the present term, the grand jury beg leave to submit the following presentment: During the whole session we have been engaged in investigations of the most grave and extraordinary character—investigations of the crimes committed by the organization known as the Ku-Klux Klan. The evidence elicited has been voluminous, gathered from the victims themselves and their families, as well as those who belong to the Klan and participated in its crimes. The jury has been shocked beyond measure at the developments which have been made in their presence of the number and character of the atrocities committed, producing a state of terror and a sense of utter insecurity among a large portion of the people, especially the colored population. The evidence produced before us has established the following facts:

1. That there has existed since 1868, in many counties of the State, an organization known as the "Ku-Klux Klan," or "Invisible Empire of the South," which embraces in its membership a large proportion of the white population of every profession and class.

2. That this Klan [is] bound together by an oath, administered to its members at the time of their initiation into the order, of which the following is a copy:

OBLIGATION.

I, (name,) before the immaculate Judge of Heaven and Earth, and upon the Holy Evangelists of Almighty God, do, of my own free will and accord, subscribe to the following sacredly binding obligation:

"1. We are on the side of justice, humanity, and constitutional liberty, as bequeathed to us in its purity by our forefathers.

"2. We oppose and reject the principles of the radical party.

"3. We pledge mutual aid to each other in sickness, distress, and pecuniary embarrassment.

"4. Female friends, widows, and their households, shall ever be special objects of our regard and protection.

"Any member divulging, or causing to be divulged, any of the foregoing obligations, shall meet the fearful penalty and traitor’s doom, which is Death! Death! Death!"

That in addition to this oath the Klan has a constitution and by-laws, which provides, among other things, that each member shall furnish himself with a pistol, a Ku-Klux gown, and a signal instrument. That the operations of the Klan were executed in the night, and were invariably directed against members of the republican party by warnings to leave the country, by whippings, and by murder.

3. That in large portions of the counties of York, Union, and Spartanburgh, to which our attention has been more particularly called in our investigations during part of the time for the last eighteen months, the civil law has been set at defiance, and ceased to afford any protection to the citizens.

4. That the Klan, in carrying out the purposes for which it was organized and armed, inflicted summary vengeance on the colored citizens of these counties, by breaking into their houses at the dead of night, dragging them from their beds, torturing them in the most inhuman manner, and in many instances murdering them; and this, mainly, on account of their political affiliations. Occasionally additional reasons operated, but in no instance was the political feature wanting.

5. That for this condition of things, for all these violations of law and order, and the sacred rights of citizens, many of the leading men of those counties were responsible. It was proven that large numbers of the most prominent citizens were members of the order. Many of this class attended meetings of the Grand Klan. At a meeting of the Grand Klan, held in Spartanburgh County, at which there were representatives from the various dens of Spartanburgh, York, Union, and Chester Counties, in this State, besides a number from North Carolina, a resolution was adopted that no raids should be undertaken, or any one whipped or injured by members of the Klan, without orders from the Grand Klan. The penalty for violating this resolution was one hundred lashes on the bare back for the first offense, and for the second, death. This testimony establishes the nature of the discipline enforced in the order, and also the fact that many of the men who were openly and publicly speaking against the Klan, and pretending to deplore the work of this murderous conspiracy, were influential members of the order, and directing its operations even in detail.

The jury has been appalled as much at the number of outrages as at their character, it appearing that eleven murders and over six hundred whippings have been committed in York County alone. Our investigation in regard to the other counties named has been less full; but it is believed, from the testimony, that an equal or greater number has been committed in Union, and that the number is not greatly less in Spartanburgh and Laurens.

We are of the opinion that the most vigorous prosecution of the parties implicated in these crimes is imperatively demanded; that without this there is great danger that these outrages will be continued, and that there will be no security to our fellow citizens of African descent.

We would say further, that unless the strong arm of the Government is interposed to punish these crimes committed upon this class of citizens, there is every reason to believe that an organized and determined attempt at retaliation will be made, which can only result in a state of anarchy and bloodshed too horrible to contemplate.

, 42 Cong., 2 sess. (Washington, 1872), II, pt. i, No. 22, pt. 1, pp. 48–49.