The Murder of Burke and the enforcement of the fifteenth amendment

on conviction of such violation of said section; shall a the Murder of Burke and the be punched for the samewith punishments as a Enforcement of the Fifteenth are attached to the said felonies, crimes, and mis- Amendment. demeanors by the laws of the State in.which theoffense That the murder of Richard Burke, may be committed. a colored member of the Alabama SED. S. And be il further enacted, That the dis Legislature, at Guinesville on enight trict courts of the United States; within their of the 18th of August, was’ a diaboli- respective districts, shall have, exclusively of the lo cal outrage, none will have the hardi- courts of the several States, cognizanco of all a crimes and offenses committed Lagainst the prov- CC hood to dony. That it was a Demo- isions of this act, and also, concurrently with the fa cratic movement for political purposes, some will deny but the fact that the Circuit Courts of the United States, of all causes, CC civil and criminal, arising under this act, except murder was committed in the interest as herein otherwise provided, and the jurisdic of the Democratic party can be tion hereby conferrod shall be exercised in con proven. formity with the laws ‘and practices governing A Republican meeting had been United States Courts and all crimes and offenses called to meet at Livingston on the committed against the provisions of this not may 13th inst., but before the day arrived be prosecuted by the indictment of grand jury, or, in cases of crimes and offenses not infinous, the Democrats professed to réceive in- “prosecution may be eithor by.indictment or formation in some mysterious manner information filed by District Attornoy in a that the negroes were going to the Court having jurisdiction. … meeting armed, and so claimed an ex- SEC. 9. And be ilfurther enacted, That the Dis- cuse for themselves to. assemble in trict Attorneys, Marshals, and Deputy Marshals large numbers and prevent any Ro- of the United States, the Commissioner. appoint- ed by the Circuit and Territori 1) Courts of the publican meeting or Republican United States, with powers of arresting, imprison- speeches. The reliable estimates ing, or bailing offenders against the laws of the place the number of armed Democrats United States, and bvery other officer who may at 500. With this demonstration, it be specially empowered by the President is needless to say that freedom of of the United States, shall be and they are speech was suppressed, and Democratic hereby specially authorized and required, A’L HHE EXPENSE THE UNITED STATES, to institute proceed principles triumphant for the time be- ings against all and every person who shall violate ing. A, few negroes brought their the’provisions of this act, and cause him or them guns with them, as is. customary arrested and imprisoned, or bailed, as case with many, even when going to town may be, for trial before such court of United to trade a foolish and silly proceed States or Territorial Court as has cognizance ing at any time. On learning that the of the offense. And with viow to afford reason- able protection to all persons in their constitu meeting had been dispersed they start- tional right to vote without distinction of race, ed home on the Gainesville rond, but color, or previous condition of servitudo, and to were overtaken and disarmed by the the prompt discharge of the duties of this act. Democrats, and many of those without shall be the duties of the Circuit Courts of the arms were maltreated. Since then the United States, and the Superior Courts of the Democratic riotors found it convenient Territories of the United States, from time to to discover that Richard Burke,avery time, to increase the number of Commissioners so as to afford a speedy and convenient means old colored proncher and member of for the arrest and examination of persons the Legislature, gave an ” order” for charged with a violation of this act; and such the negroes to go to Livingston with Commissioners are hereby authorized and re arms, and taking this rumor as the quired to exercise and discharge all the powers best excuse they could find, fifty of and duties conforred on them by this act and the same duties with regard to effenses created by the brave and chivalrous Democracy this act as they are authorized by law to .exorcise attacked the poor old man in his sleep with regard to other offenses against the laws 0 and murdered him. From threats the United States. made by many to the effect that “ne- SEC. 10. And be it further enacted, That it shall groes shall not vote any more,” and be the duty of all Marshals and Deputy Marshals that no more Radical meetings shall to obey and execute all warrants and precepts be held in Sumter County,” that they issued under the provisions of this act, when to them directed and should any Marshal or Dep will “kill all Radical negroes,” and uty Marshal refuse to receive such warrant others of like nature, it is evident that other process when tendered, or to use all proper these demonstrations are for political ns diligently to execute the same, he shall effect, and that by their aid the Domoc- conviction thereof, bo fined in the sum of racy hope to carry the State in the com- $1,000, to the use of the perso deprived of the ing election as they recently did in rights conforred by this act. And the botter North Carolina. It is useless for Demo- enable the said Commissioners to execute their duties faithfully and efficiently, in conformity crats to dony this. No*one will believe with the Constitution of the United States and but that the Democratic londersin any the requirements of this act, they are hereby au- county could prevent all such proceed- thorized and empowerod, within their districts ings in their county if they would try respectively, to appoint in writing, under their It is not a enso of one man murdering hands, any one or more suitable persons, from another out of malico or revenge, but timo to time, to oxocute all such- warrants and other process, as may be issued by them in the a case wherein a large number of peo- lawful performance of their respective duties, and plc are unlawfully banded togother for the persons SO appointed to execute any warrant political purposes, having rules and or process as aforesnid shall have authority to regulations of their own, which they summon and call to their aid the bystanders are sworn to obey, although in conflict posse comitatus of the proper county, or such with the laws of the land, and which portion of the land or naval forcos of the United causes them to shed innocent blood States, or of the militin, as may be necessary to the performance of the duty with which they and commit the highest crimes known are charged, and to insure n faithful observance to any law. It is known that their of the Fifteenth Amendment to the Constitution dath bind them to promise to defeat of the United States; and such warrants 8 the Radical party at all hazards, and to run and be excented by said officers anywherein do their utmost to maintain white the Stato or Territory wi.hin which they are supremacy,” and they act as though issued’ to do this it must be necessary to kill Thus, murderers of the ” White Brotherhood or Ku-Klux, will see a few blacks whenever a good oppor- that their misdemeanors and attempts tunity occurs. Here lies the danger A political organization in the coun- to prevent any one from exercising try with rules in conflict with law, any constitutional right, (the right to bear arms in self defense is one), be- which its members consider superior come felonics under the laws of the to and more binding than the law. If such things are to pass unnoticed, United States, and subjects the offen- the sooner the State is remanded der to a penalty of (cn years in the to a military dictatorship the better it penitentiary and a fine of $5,000. will be for the people. But the Con- United States officers are, by the terms gress which gave the rights of citizen- of the law, required to become prose- cutors; the United States Government ship and suffrage to the colored men have framed a law for their protection pays all the expenses; United States in these rights, which these Democrat- Marshals and their deputies are r’c. ie Ku-Klux would do well to heed, for quired to execute the warrants and when tried by this law they will not may call on the army and navy of the have a jury of their follows-who have United States to help them. And already sworn to clear them at all they are also authorized to appoint hazards-to find a verdict, butsentence any number of assistants who may will be pronounced by the United summons a posse or call on the mili- States Court, and the army of the tary for aid If there are any respectable persons United States stands ready to execute it. These late outrages in Sunter belonging to the Kit-Klux or “White County clearly como-under the juris- Baotherhood,” weadviso them to leave diction of the United States Courts, as it and publicly expose the nefarious will be seen from extracts from the act schemes before it is too late. There to enforce the Fifteenth Amendment trouble ahead for all who continue given below. We trust that some one defy law and commit crimes under will take the pains to give the facts plca of establishing white suprema- and maines of witnesses to somo U. S. ey.” The strong arm of the Govern- Commissioner, and thus test the law. meto of the United States is preparing We give n few sections commencing to meet out justico to those who stil continue to disregard its laws and with section 6: SEC 6. That iftwo or more persons shall band or trample on the Constitution. conspire together, or disguise upon the public highway, or upon the pre mises of another, with WE sometimes see in the Democratic intent to violate any provision of this net, or to papers Republicans accused of such injure, oppress, threaten, or intimidate any citi- enermous crimes that no one but zen with intent to prevent or hinder his froo ex- erciso and enjoyment of any right or privilego natural fool could believe them, and granted or secured to him by the Consitution or henco we have not taken the trouble laws of the United States or because of his having to refute them. As a sample of this exorcised the same, such persons shall bo hold kind of charges, we cite that of some guilty of folony, and, on conviction thereof, shall scribbler, writing from Eutaw to Pom- be fined or imprisoned, or both, at the discrotion croy’s infainous Democrat, which letter of tho Court-the fine not to oxceed $5,000, and was copied by several Domocratic the imprisonment not to exceed 10 years-and shall, moreover, be thereafter inoligible to and papers in this part of the Stato, and disabled from holding any office or place of honor, which assert that S. B. Browno and profit, or trust created by the Constitution or S. W. Cockroll, of Eutaw, were “insti- laws of the United States. gators of the robbery, murdor and SEC. 7. And be it further enacted, That if in the arson at Burton’s Hill last Spring act of violating any provision in either of the These mon had been employed as at: two preceding sections, any other folony, crimo, or misdemeanor shall bo committed, the effender, lorneysb the colored mon who were on conviction of such violation of said section; shall a the Murder of Burke and the be punched for the samewith punishments as a Enforcement of the Fifteenth are attached to the said felonies, crimes, and mis- Amendment. demeanors by the laws of the State in.which theoffense That the murder of Richard Burke, may be committed. a colored member of the Alabama SED. S. And be il further enacted, That the dis Legislature, at Guinesville on enight trict courts of the United States; within their of the 18th of August, was’ a diaboli- respective districts, shall have, exclusively of the lo cal outrage, none will have the hardi- courts of the several States, cognizanco of all a crimes and offenses committed Lagainst the prov- CC hood to dony. That it was a Demo- isions of this act, and also, concurrently with the fa cratic movement for political purposes, some will deny but the fact that the Circuit Courts of the United States, of all causes, CC civil and criminal, arising under this act, except murder was committed in the interest as herein otherwise provided, and the jurisdic of the Democratic party can be tion hereby conferrod shall be exercised in con proven. formity with the laws ‘and practices governing A Republican meeting had been United States Courts and all crimes and offenses called to meet at Livingston on the committed against the provisions of this not may 13th inst., but before the day arrived be prosecuted by the indictment of grand jury, or, in cases of crimes and offenses not infinous, the Democrats professed to réceive in- “prosecution may be eithor by.indictment or formation in some mysterious manner information filed by District Attornoy in a that the negroes were going to the Court having jurisdiction. … meeting armed, and so claimed an ex- SEC. 9. And be ilfurther enacted, That the Dis- cuse for themselves to. assemble in trict Attorneys, Marshals, and Deputy Marshals large numbers and prevent any Ro- of the United States, the Commissioner. appoint- ed by the Circuit and Territori 1) Courts of the publican meeting or Republican United States, with powers of arresting, imprison- speeches. The reliable estimates ing, or bailing offenders against the laws of the place the number of armed Democrats United States, and bvery other officer who may at 500. With this demonstration, it be specially empowered by the President is needless to say that freedom of of the United States, shall be and they are speech was suppressed, and Democratic hereby specially authorized and required, A’L HHE EXPENSE THE UNITED STATES, to institute proceed principles triumphant for the time be- ings against all and every person who shall violate ing. A, few negroes brought their the’provisions of this act, and cause him or them guns with them, as is. customary arrested and imprisoned, or bailed, as case with many, even when going to town may be, for trial before such court of United to trade a foolish and silly proceed States or Territorial Court as has cognizance ing at any time. On learning that the of the offense. And with viow to afford reason- able protection to all persons in their constitu meeting had been dispersed they start- tional right to vote without distinction of race, ed home on the Gainesville rond, but color, or previous condition of servitudo, and to were overtaken and disarmed by the the prompt discharge of the duties of this act. Democrats, and many of those without shall be the duties of the Circuit Courts of the arms were maltreated. Since then the United States, and the Superior Courts of the Democratic riotors found it convenient Territories of the United States, from time to to discover that Richard Burke,avery time, to increase the number of Commissioners so as to afford a speedy and convenient means old colored proncher and member of for the arrest and examination of persons the Legislature, gave an ” order” for charged with a violation of this act; and such the negroes to go to Livingston with Commissioners are hereby authorized and re arms, and taking this rumor as the quired to exercise and discharge all the powers best excuse they could find, fifty of and duties conforred on them by this act and the same duties with regard to effenses created by the brave and chivalrous Democracy this act as they are authorized by law to .exorcise attacked the poor old man in his sleep with regard to other offenses against the laws 0 and murdered him. From threats the United States. made by many to the effect that “ne- SEC. 10. And be it further enacted, That it shall groes shall not vote any more,” and be the duty of all Marshals and Deputy Marshals that no more Radical meetings shall to obey and execute all warrants and precepts be held in Sumter County,” that they issued under the provisions of this act, when to them directed and should any Marshal or Dep will “kill all Radical negroes,” and uty Marshal refuse to receive such warrant others of like nature, it is evident that other process when tendered, or to use all proper these demonstrations are for political ns diligently to execute the same, he shall effect, and that by their aid the Domoc- conviction thereof, bo fined in the sum of racy hope to carry the State in the com- $1,000, to the use of the perso deprived of the ing election as they recently did in rights conforred by this act. And the botter North Carolina. It is useless for Demo- enable the said Commissioners to execute their duties faithfully and efficiently, in conformity crats to dony this. No*one will believe with the Constitution of the United States and but that the Democratic londersin any the requirements of this act, they are hereby au- county could prevent all such proceed- thorized and empowerod, within their districts ings in their county if they would try respectively, to appoint in writing, under their It is not a enso of one man murdering hands, any one or more suitable persons, from another out of malico or revenge, but timo to time, to oxocute all such- warrants and other process, as may be issued by them in the a case wherein a large number of peo- lawful performance of their respective duties, and plc are unlawfully banded togother for the persons SO appointed to execute any warrant political purposes, having rules and or process as aforesnid shall have authority to regulations of their own, which they summon and call to their aid the bystanders are sworn to obey, although in conflict posse comitatus of the proper county, or such with the laws of the land, and which portion of the land or naval forcos of the United causes them to shed innocent blood States, or of the militin, as may be necessary to the performance of the duty with which they and commit the highest crimes known are charged, and to insure n faithful observance to any law. It is known that their of the Fifteenth Amendment to the Constitution dath bind them to promise to defeat of the United States; and such warrants 8 the Radical party at all hazards, and to run and be excented by said officers anywherein do their utmost to maintain white the Stato or Territory wi.hin which they are supremacy,” and they act as though issued’ to do this it must be necessary to kill Thus, murderers of the ” White Brotherhood or Ku-Klux, will see a few blacks whenever a good oppor- that their misdemeanors and attempts tunity occurs. Here lies the danger A political organization in the coun- to prevent any one from exercising try with rules in conflict with law, any constitutional right, (the right to bear arms in self defense is one), be- which its members consider superior come felonics under the laws of the to and more binding than the law. If such things are to pass unnoticed, United States, and subjects the offen- the sooner the State is remanded der to a penalty of (cn years in the to a military dictatorship the better it penitentiary and a fine of $5,000. will be for the people. But the Con- United States officers are, by the terms gress which gave the rights of citizen- of the law, required to become prose- cutors; the United States Government ship and suffrage to the colored men have framed a law for their protection pays all the expenses; United States in these rights, which these Democrat- Marshals and their deputies are r’c. ie Ku-Klux would do well to heed, for quired to execute the warrants and when tried by this law they will not may call on the army and navy of the have a jury of their follows-who have United States to help them. And already sworn to clear them at all they are also authorized to appoint hazards-to find a verdict, butsentence any number of assistants who may will be pronounced by the United summons a posse or call on the mili- States Court, and the army of the tary for aid If there are any respectable persons United States stands ready to execute it. These late outrages in Sunter belonging to the Kit-Klux or “White County clearly como-under the juris- Baotherhood,” weadviso them to leave diction of the United States Courts, as it and publicly expose the nefarious will be seen from extracts from the act schemes before it is too late. There to enforce the Fifteenth Amendment trouble ahead for all who continue given below. We trust that some one defy law and commit crimes under will take the pains to give the facts plca of establishing white suprema- and maines of witnesses to somo U. S. ey.” The strong arm of the Govern- Commissioner, and thus test the law. meto of the United States is preparing We give n few sections commencing to meet out justico to those who stil continue to disregard its laws and with section 6: SEC 6. That iftwo or more persons shall band or trample on the Constitution. conspire together, or disguise upon the public highway, or upon the pre mises of another, with WE sometimes see in the Democratic intent to violate any provision of this net, or to papers Republicans accused of such injure, oppress, threaten, or intimidate any citi- enermous crimes that no one but zen with intent to prevent or hinder his froo ex- erciso and enjoyment of any right or privilego natural fool could believe them, and granted or secured to him by the Consitution or henco we have not taken the trouble laws of the United States or because of his having to refute them. As a sample of this exorcised the same, such persons shall bo hold kind of charges, we cite that of some guilty of folony, and, on conviction thereof, shall scribbler, writing from Eutaw to Pom- be fined or imprisoned, or both, at the discrotion croy’s infainous Democrat, which letter of tho Court-the fine not to oxceed $5,000, and was copied by several Domocratic the imprisonment not to exceed 10 years-and shall, moreover, be thereafter inoligible to and papers in this part of the Stato, and disabled from holding any office or place of honor, which assert that S. B. Browno and profit, or trust created by the Constitution or S. W. Cockroll, of Eutaw, were “insti- laws of the United States. gators of the robbery, murdor and SEC. 7. And be it further enacted, That if in the arson at Burton’s Hill last Spring act of violating any provision in either of the These mon had been employed as at: two preceding sections, any other folony, crimo, or misdemeanor shall bo committed, the effender, lorneysb the colored mon who were