Report of the Joint select committee appointed to inquire into the condition of affairs in the late insurrectionary states, so far as regards the execution of laws, and the safety of the lives and property of the citizens of the United States and Testimony taken.

1610 CONDITION OF AFFAIRS IN THEE SOUTHERN STATES.
By the CHAIRMAN:
Question. WThenl did this occur?
Allnswer.'- I don't remember; some time last year, though; last winter, perhaps; I am
not posted as to the time.
Question. Was any notice taken by the authorities of it?
Anczver. Yes,-sir; Major Herndon went out and had an inquest. He had a number
of negroes arrest-ed, and several of them put in jail and kept here for some time. There
was a very thorough investio'ationh as far as could be. I suppose there was a considerable effort made ti try to: find out who he was. I don't know what action the grand
jury has taken. The last grand jury was the first one we have had since, I believe.
As I reiiarled, it is exceedingly difficult; when a parcel of men want to commit such
depredations, to find out anything about them; you can't do it.
By i Mr. BUCKLEY:
Qutestion.' -ow is it going to be.remedied?
A.lsweir. That is the question. I wish I knew how to remedy it. I would like to see
it stopp ed. I think this county would like to see it stopped.. We don't want that sort
of thing. I don't think any good citizen does. I don't hear anybody say they want it
to continue. Everybody says'they wvant it stopped.
By Mr. BLAIR:
Question. Don't you think it could be stipped by a good government-a government
that was approved by the people of the State, and had the confidence of the people?
An;swer. I have thought that, probably, might effect a change; and that, probably, if
we had courts —if the officers of the, law - were all of them in unison with the people,
probablvy we wi-ouhld- hate less difficulty, but I don't know.
By the CHAIRXMAN:
Question, W5hat-officers of the law have not been in unison: with the people?
Ansier. Thejudges of our courts seem to be the most objectionable characters.
Questioal. Do you refer to your probate judge?
Ansswer. No, sir; our probate judge is getting along pretty well with the people, I
believe. I donlt think there is so much objection to him as there has been.
Questionl. What jt-dges do. youl refer to-?
Answver. The judges of the circuit courts, more particularly; but Ithink there would
be a better feeling, and they could exert a.-better influence, if we had a: different class
of judges I am inclined to that opinion; not but wwat we have a good judge. Judge
Smith,- the lawyers:: say, is a good judge, impar tial, and discharges his duty well;' bt
le-was eected; to' tthe cffice of circuit judge almost immediately on his arrival in the
South, or very.soon after. The people of this country swere sore; we were not in a
state of:feeling for that thing'. Thpe people were unwilling to bear it.
Question.'Is Jtdge Smith a northern man?
zAnswer. Yes, sir.'Question. Is there any objectionl to him because of the mere fact that he is a'northern
man?
Anser. I don't think there is. I don't think I have heard any objection. There is
a prejudice against him.. Nobody can find any fault with his administration of the law.
Lawyers and-:l all parties speak well of him-. They speak very. well of Judge SmithJ. Q. Smith, who was here, who is a member of the republican party. They all spoke
very highly-of himr, when he held court here a fe weeks ago, as a good prompt judge.
Question. Whalt more could any jdlidge do in the. administration of law than those
gentlemen-?
Answer. Nothing more.that I can say.
Question. Then the fault must lie deeper than in the character of the judges?
Answer. It may be in the prejudice of the people.
By Mr. BLAIR:
Qutestion. Is is inot. -reasonble prejudice against a man who, as soon as he touched his
foot here, was declared judge by ant'act of'Congress; without the act of the people?
An.Swoer. He was elected —yo -know the circumstances-in 1868.
Question. The -ircumstances were- -that they held an election from which one party
abstained because Congriess promised that the constitution should not be adopted
unless a majority of qualified voters went for it; and it failed to receive a majority of
qualified voters; and Judge Smith, who was elected t that election, was declared a
judge after the adoption of the constitution by Congress?
Answ~er. Yes, sir.
Question. Is not that sort of an election a just' ground of prejudice against him, or
anybody else that'takes office under similar crcum.stances,?
A amer. Well, yes, sir.