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.

ALABAMA-SUB-COMMITTEE. 1755
houses, tearing them from their homes and the embrace of their families, and, with
violent threats and insults, inflicting on them the most cruel and inhuman treatment; and whereas this organization has become a wide-spread and alarming evil in
this commonwealth, disturbing the public peace, ruining the happiness and prosperity
of the people, and in many places overriding the civil authorities, defying all law and
justice, or evading detection by the darkness of the night and with their hideous costumes: Therefore, be it enacted," &c.
I desire to inquire of you how far the facts thus grouped together in this preamble
have been verified by your own experience and information throughout your judicial
circuit and other parts of the State up to the time this act was approved.
Answzer. My answers already given cover the principal portion of this. I think this
preamble uses a little stronger language than I would be disposed to use if I were
drawing up one myself.
Question. Predicated, I mean, on the state of facts at the time that preamble was
drawn and adopted, (26th December, 186S,) how far would you modify its recitals as
to the condition of society at that time?
Answer. In my own circuit, in the greater portion of my own circuit I should modify
it considerably, especially in regard to "overriding the civil authorities, defying all
law and justice, or evading detection by the darkness"-well, I do not know, putting
it in the alternative. The principal modification I would make to that preamble
would be, that this would be confined to comparatively a few persons. I would
modiify this preamble in that respect.
By Mr. BUCKLEY:
Q;estion. At the time that that law was passed did not these troubles exist to a greater
extent in North Alabama, and not so much in your circuit?
Answer. Well, sir, at the time this law was passed, in my own circuit I do not thinkl
this organization existed at all, except in thQ county of Tuscaloosa. I say not at all;
perhaps that would be going a little too far. If this preamble was confined to a small
portion, was modified so as to apply to a small portion, of the citizens, I would be willing to adopt it; but it should not apply to the great mass of the people. Now, in
Tuscaloosa County, which, at the time of the passage of this law, was the most disorderly, perhaps, in my circuit, these disorders were confined to comparatively very few
persons.
By the CHAIRMAN I -:
lQuestion. Do you mean to say that the same persons committed all the different
outrages?
Answer. Not the same persons. The same outrages were not committed in all
instances by the same persons, but wherever they were committed they were committed by a very few persons comparatively.
Question. Were they not sometimes committed in different parts of the same county,
at about the same time, indicating that the organization was larger than it would appear to be in one particular locality'?
Answeo. No; I think not; not about the same time.
Question. What, in your opinion, then, was the extent of the organization in Tuscaloosa County when it was largest i
Answeo. I have no fixed opinion about that. You mean as to numbers?
Question. Yes, sir.
Answier. I have no idea on that subject; I could not form any opinion.
By Mr. BUCKLECY:
Question. Was it not large eno(ugh, judge, to cause a great deal of intimidation
among the better class of citizens? Were not a great many good citizens compelled,
through fear, to keep quiet and to make no effort to put down these things, through
fear of personal violence themselves?
Answer. Put that question again.
Question. Was not the number sufficiently great to cause a great many good citizens
to shrink from attempting to put down this lawlessness, through fear of personal
violence?
zAnswer. I think it probable that it did have that effect upon a good many personsc In
other wordls, I thinki the combinatilon was too strong for public opinion to have free
action; or if it could have had free action, it did not have it.
By the CTmAIRMANx:
Question. Did this combination, whether it was great or small, commit the outrages
that are described in this preamble?
Anscer. Some of them.
Question. What outrages enumerated in this preamble would you omit?
Answier. I would omit that of robbery. I do not know of anybody that was robbed
by them. There were men that were killed and whipped by them.