Friday, April 26, 2013

The Ku Klux Klan Act

In 1871, the United States passes the third of it's enforcement laws.  This law was colloquially known as the Ku Klux Klan Act.  The reason why this law was passed was because there was so much violence going on in the South that the Ku Klux Klan was participating in.  This law was notable because in section four, it states that if a state government is found to be participating in these violent acts, then the writ of habeas corpus shall be suspended.  This was not the first time habeas corpus had been suspended- Lincoln had done so in the war.  These laws were simply a reactionary measure to the unprecedented violence in the South.  African-Americans were having their rights stripped of them by these white terrorists, and were unable to vote or hold office because of fear of retribution.  These marauders made it impossible to be black and live a normal life in the deep south.
The text of the Act is filled with very angry rhetoric, detailing swift retribution from the federal government if any violence occurs.  It essentially calls any type of violence committed by the Ku Klux Klan and equates it to conspiracy to commit violence against the federal government.  This kind of act was needed, because during this time, there was an insane amount of violence and in some cases the state government was unwilling to step in.  In the act, if a state government refuses to step in, then the federal government would declare it a state of open rebellion, and would send in either the militia, army, or navy to put down the insurrection.  The federal government did not want another civil war, so by passing laws like this would hopefully scare the Ku Klux Klan and keep them from committing crimes.
One tactic used by the Ku Klux Klan to keep blacks from voting and holding office was threats and intimidation.  These tactics made it hard for anyone to want to go and try to hold office or vote.  Part of the Act deals with this kind of terrorism, stating that if anyone tried to keep anyone from performing their rights, then they would be locked up for six years with a hefty financial penalty.  This was one of the more common ways that they had to deal with Ku Klux Klan.  Any sort of hefty fine could financially destroy someone and their family, and they hoped that the fear of imprisonment and fines would deter people from committing acts of violence.
One problem that African Americans faced during this time were juries.  Juries during this time were notoriously unfair and anti-black.  Almost any time an African-American man came in front of a jury, they were more likely than not going to be convicted.  To combat this, the Act says that if anyone up for jury duty is in any way shape or form associated with this violence, then they cannot serve on the jury.  From then on, they made every juror sign an oath saying that they had never voluntarily taken part in any form of terrorism. 
The Reconstruction period was one of the most violent periods in American history.  There were several instances where there was unrestrained violence throughout the South, and in some cases, the federal government was almost called in to help deal with it.  This Act was a step in the right direction to help deal with the rising Ku Klux Klan violence in the South.  If this act had not been passed, the Ku Klux Klan would have continued to run around unrestrained in the South and harm law abiding citizens.

2 comments:

  1. Interesting post on the governments reaction to the Ku Klux Klan violence. I didn't know they passed laws as harsh as these at the federal level but they were necessary. Had they not cracked down on them it could have led to major riots and clashes between blacks and whites, and possibly another war.

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  2. It sounds like the government was desperate to resolve the issue once and for all when they passed this act. It's interesting that it was meant as a deterrent to prevent another civil war - it seems to me that this act could have escalated the issue considerably had the KKK chosen to react with violence. If the government was determined to prevent another civil war, could the KKK have called their bluff?

    As an aside, the KKK's use of fear and terrorism to prevent blacks from running for office reminds me of the current situation in Mexico, where people are being executed for standing up to drug cartels. Not a perfect parallel but the same tactics. It's a good thing organizations like the KKK never had enough power to intimidate our federal government or we may have had a second civil war.

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