Sec. 1.Be it enacted, by the General Assembly of Tennessee, That if any person or persons shall unite with, associate with, promote or encourage any secret organization of persons who shall prowl through the country or towns of this State, by day or by night, disguised or otherwise, for the purpose of disturbing the peace, or alarming the peaceable citizens of any portion of this State, on conviction by any tribunal of this State, shall be fined not less than five hundred dollars, imprisoned in the penitentiary not less than five years, and shall be rendered infamous.Sec. 2.Be it further enacted, That it shall be the duty of all the courts in this State, before the impaneling of any grand jury or petit jury in any cause whatever, to inquire of the juror, on oath, whether he shall be associated in any way obnoxious to the first section of this act; and if such juror shall decline to give a voluntary answer, or shall answer affirmatively, such persons shall be disqualified as a juror in any case in any court in this State.Sec. 3.Be it further enacted, That, for the purpose of facilitating the execution of the provisions of this act, it shall be the dutyof the Prosecuting Attorneys of this State or grand jurors, or either of them, to summons or cause to be summoned, any persons he shall have a well-grounded belief has any knowledge of such organization as described by the first section of this act, and if any person shall fail or refuse to obey such summons, or shall appear and refuse to testify, such persons so summoned shall suffer the penalty imposed by the first section of this act; and if such witness shall avoid the service of said subpœna or summons, the sheriff, or other officer, shall return such fact on said process, when the court shall order a copy of said process to be left at the last place of residence of such persons sought to be summoned; and if such person shall fail to appear according to the command of said process, said court shall enter a judgmentnisiagainst such person for the sum of five hundred dollars, for whichsci. fa.shall issue, as in other cases of forfeiture of subpœna.Sec. 4.Be it further enacted, That no prosecutor shall be required on any indictment under the provisions of this act; and all the courts of the State shall give a remedial construction to the same; and that no presentment or indictment shall be quashed, or declared insufficient for want of form.Sec. 5.Be it further enacted, That it shall be the duty of all the courts of this State, at every term, for two years from and after the passage of this act, to call beforeit all the officers thereof, who shall be sworn, and have this act read or explained to them; and the court shall ask said officers if they shall have any knowledge of any person of the State, or out of it, that shall be guilty of any of the offenses contained in this act, and that, if at any time they shall come to such knowledge, or shall have a well-grounded belief that any person or persons shall be guilty of a violation of this act or any of its provisions, that they will immediately, inform the Prosecuting Attorney for the State thereof; and if such Prosecuting Attorney, upon being so informed, shall fail, refuse, or neglect to prosecute such person or persons so informed on, he shall be subject to the same penalties imposed by the first section of this act, and shall be stricken from the roll of attorneys in said court.Sec. 6.Be it further enacted, That if any officer, or other person, shall inform any other person that he or she is to be summoned as a witness under any of the provisions of this act, or any other statute or law of this State, with the intent and for the purpose of defeating any of the provisions of this act, or any criminal law of this State; or if any officer, clerk, sheriff or constable shall refuse or fail to perform any of the duties imposed by this act, upon conviction, shall suffer the penalties by the first section of this act, and shall be disqualified from holding office in this State for two years.Sec. 7.Be it further enacted, That if any person shall voluntarily inform on any person guilty of any of the provisions of this act, upon conviction such informant shall be entitled and receive one-half of the fine imposed; and if any officer, three-fourths.Sec. 8.Be it further enacted, That if any person, guilty of any of the provisions or offenses enumerated in this act, that shall appear before any jury or prosecuting officer of the State, and shall inform him or them of any offense committed by any person or persons against the criminal laws of this State, such person or witness shall not be bound to answer to any charge for the violation of any provisions of any law about which such person or witness shall be examined; and the court shall protect such witness from any prosecution whatever.Sec. 9.Be it further enacted, That where any process shall be issued against the person of any citizen in any county of this State, for any violation of the provisions of this act, and such shall be returned not executed, for any cause whatever, by the sheriff or other officer, to the court from which it was issued, with an affidavit appended thereto, plainly setting forth the reason for the non-execution of such process, then it shall be the duty of the clerk, without delay, to issue analias capiasto the same county, if the home of the defendant shall be in said county, either in part or in whole, when said sheriff or other officer shall give notice tothe inhabitants of said county by posting such notice at the court-house of said county, of the existence of said capias; and if the inhabitants of such county shall permit such defendant to be or to live in said county, in part or in whole, the inhabitants shall be subject to an assessment of not less than five hundred dollars, nor more than five thousand dollars, at the discretion of the court, which said assessment shall be made in the following manner, to-wit: When the sheriff or other officer shall return hisalias capias, showing that said defendant is an inhabitant of said county, in part or in whole, and that the citizens thereof have failed or refused to arrest said defendant, which every citizen is hereby authorized to do or perform. Said court shall ordersci. fa.to issue to the proper officer to make known to the chairman, judge, or other presiding officer of the County Court, to appear and show cause why final judgment should not have been entered up accordingly; which, if any County Court fails or refuses to do and perform, any judge, in vacation, shall grant amandamusto compel said County Court to assess and collect said assessment, to be paid into the State treasury for the benefit of the school fund; provided, said assessment shall not be made of the sheriff or other officer, upon the return of the original, oraliaswrits, show cause why the same cannot be executed, which may be done by his affidavit and two respectable witnesses known to the court as such.Sec. 10.Be it further enacted, That all the inhabitants in this State shall be authorized to arrest any person defendant, under the provisions of this act, in any county in this State without process.Sec. 11.Be it further enacted, That if any person or persons shall write, publish, advise, entreat or persuade, privately or publicly, any class of persons, or any individual, to resist any of the laws of this State calculated to molest or disturb the good people and peaceable citizens of the State, such persons shall be subject to the penalties of the first section of this act; and if an attorney at law, he shall be stricken from the roll of attorneys and be prevented from practicing in any court in this State.Sec. 12.Be it further enacted, That if any person shall make threats against any elector or person authorized to exercise the elective franchise, with the intention of intimidating or preventing such person or persons from attending any election in this State, they shall be subject to the penalties inflicted by the first section of this act.Sec. 13.Be it further enacted, That if any person or persons shall attempt to break up any election in this State, or advise the same to be done, with a view of preventing the lawful or qualified citizens of this State from voting, they shall be subject to the penalties prescribed by the first section of this act; and the attorney of the State in all convictions under the provisions of this act, shall be entitled to a tax fee of one hundreddollars, to be taxed in the bill of costs, and to be paid by the defendant. And the attorney prosecuting for the State shall keep all information given him a secret, unless it shall be necessary, in the opinion of the court, that the same should be made public.Sec. 14.Be it further enacted, That it shall be the duty of all the judges in this State to read this act to the grand juries, and give it especially in charge to said juries.Sec. 15.Be it further enacted, That the treasurer of this State shall not be authorized to pay any judge in this State any salary, or to any clerk, sheriff, or attorney, any fee or bill of costs that may accrue to such parties under the provisions of this act, until such judge or other officer shall have filed with the comptroller or treasurer an affidavit plainly setting forth that he has fully complied with the provisions of this act.Sec. 16.Be it further enacted, That if any person or citizen of this State shall voluntarily feed, or lodge, or entertain, or conceal in the woods, or elsewhere, any offender known to such person to be charged with any criminal offense under this act, such person shall suffer the penalty prescribed by the first section of this act; provided, that this section shall not apply to persons who, under the ancient law, might feed or conceal the party charged.Sec. 17.Be it further enacted, That if any person, guilty of any of the offenses enumerated in this act, shall have, own or possess any real estate held by deed, orgrant, or entry, or by fee, or entail in law, or equity, the same shall be bound for costs, fines or penalties imposed by any of the provisions of this act; and a lien is hereby declared to attach to all estates in law or equity, as above, dating from the day or night of the commission of the offense, which fact may be found by the jury trying the cause, or any other jury impaneled for that purpose; and if in the opinion of the court the defendant has evaded the law, the jury shall find such fact, and the estate of the defendant shall be made liable for the costs of the State; and there shall be no limitation to the recovery of the same.Sec. 18.Be it further enacted, That if any person or persons shall be guilty of a violation of any of the provisions of this act, to the prejudice or injury of any individual, the jury trying the defendant shall, or may find such fact with the amount of injury sustained, which shall be paid to the injured party or person entitled to the same, by the laws of descent of this State, with all costs, and who shall have the same lien on the property of the defendant that is possessed or given to the State by this act.Sec. 19.Be it further enacted, That if any person shall knowingly make or cause to be made, any uniform or regalia, in part or in whole, by day or night, or shall be found in possession of the same, he, she or they shall be fined at the discretion of the court, and shall be rendered infamous.Sec. 20.Be it further enacted, That in addition to the oath prescribed by the constitution and oath of office, every public officer shall swear that he has never been a member of the organization known as the Ku Klux Klan, or other disguised body of men contrary to the laws of the State, and that he has neither directly nor indirectly aided, encouraged, supported, or in any manner countenanced said organization.Sec. 21.Be it further enacted, That the attorneys or prosecuting officers for the State, shall be entitled to and receive five per cent, on all forfeitures or assessments made by this act, on compensations to be paid by the defendant.Sec. 22.Be it further enacted, That the standard of damages for injuries to individuals shall be as follows: For disturbing any of the officers of the State or other person, by entering the house or houses, or place of residence of any such individual in the night, in a hostile manner, or against his will, the sum of ten thousand dollars; and it shall be lawful for the person so assailed to kill the assailant. For killing any individual in the night twenty thousand dollars; provided, such person killed was peaceable at that time. That all other injuries shall be assessed by the court and jury in proportion; and the court trying said causes may grant as many new trials as may, in his opinion, be necessary to attain the end of justice.Sec. 23.Be it further enacted, That all persons present, and not giving immediate information on the offenders, shall be regarded as guilty of a misdemeanor against the law, and shall be punished accordingly.Sec. 24.Be it further enacted, That it shall not be lawful for any persons to publish any proffered or pretended order of said secret, unlawful clans; and any person convicted under any of the provisions of this act, shall not claim, hold, or possess any property, real or personal, exempt from execution, fine, penalty or costs, under this act; provided, that nothing herein contained shall be so construed as to prevent or exempt any person heretofore guilty of any of the offenses herein contained from prosecution under the law as it now stands. This act to take effect from after its passage.[52]
Sec. 1.Be it enacted, by the General Assembly of Tennessee, That if any person or persons shall unite with, associate with, promote or encourage any secret organization of persons who shall prowl through the country or towns of this State, by day or by night, disguised or otherwise, for the purpose of disturbing the peace, or alarming the peaceable citizens of any portion of this State, on conviction by any tribunal of this State, shall be fined not less than five hundred dollars, imprisoned in the penitentiary not less than five years, and shall be rendered infamous.
Sec. 2.Be it further enacted, That it shall be the duty of all the courts in this State, before the impaneling of any grand jury or petit jury in any cause whatever, to inquire of the juror, on oath, whether he shall be associated in any way obnoxious to the first section of this act; and if such juror shall decline to give a voluntary answer, or shall answer affirmatively, such persons shall be disqualified as a juror in any case in any court in this State.
Sec. 3.Be it further enacted, That, for the purpose of facilitating the execution of the provisions of this act, it shall be the dutyof the Prosecuting Attorneys of this State or grand jurors, or either of them, to summons or cause to be summoned, any persons he shall have a well-grounded belief has any knowledge of such organization as described by the first section of this act, and if any person shall fail or refuse to obey such summons, or shall appear and refuse to testify, such persons so summoned shall suffer the penalty imposed by the first section of this act; and if such witness shall avoid the service of said subpœna or summons, the sheriff, or other officer, shall return such fact on said process, when the court shall order a copy of said process to be left at the last place of residence of such persons sought to be summoned; and if such person shall fail to appear according to the command of said process, said court shall enter a judgmentnisiagainst such person for the sum of five hundred dollars, for whichsci. fa.shall issue, as in other cases of forfeiture of subpœna.
Sec. 4.Be it further enacted, That no prosecutor shall be required on any indictment under the provisions of this act; and all the courts of the State shall give a remedial construction to the same; and that no presentment or indictment shall be quashed, or declared insufficient for want of form.
Sec. 5.Be it further enacted, That it shall be the duty of all the courts of this State, at every term, for two years from and after the passage of this act, to call beforeit all the officers thereof, who shall be sworn, and have this act read or explained to them; and the court shall ask said officers if they shall have any knowledge of any person of the State, or out of it, that shall be guilty of any of the offenses contained in this act, and that, if at any time they shall come to such knowledge, or shall have a well-grounded belief that any person or persons shall be guilty of a violation of this act or any of its provisions, that they will immediately, inform the Prosecuting Attorney for the State thereof; and if such Prosecuting Attorney, upon being so informed, shall fail, refuse, or neglect to prosecute such person or persons so informed on, he shall be subject to the same penalties imposed by the first section of this act, and shall be stricken from the roll of attorneys in said court.
Sec. 6.Be it further enacted, That if any officer, or other person, shall inform any other person that he or she is to be summoned as a witness under any of the provisions of this act, or any other statute or law of this State, with the intent and for the purpose of defeating any of the provisions of this act, or any criminal law of this State; or if any officer, clerk, sheriff or constable shall refuse or fail to perform any of the duties imposed by this act, upon conviction, shall suffer the penalties by the first section of this act, and shall be disqualified from holding office in this State for two years.
Sec. 7.Be it further enacted, That if any person shall voluntarily inform on any person guilty of any of the provisions of this act, upon conviction such informant shall be entitled and receive one-half of the fine imposed; and if any officer, three-fourths.
Sec. 8.Be it further enacted, That if any person, guilty of any of the provisions or offenses enumerated in this act, that shall appear before any jury or prosecuting officer of the State, and shall inform him or them of any offense committed by any person or persons against the criminal laws of this State, such person or witness shall not be bound to answer to any charge for the violation of any provisions of any law about which such person or witness shall be examined; and the court shall protect such witness from any prosecution whatever.
Sec. 9.Be it further enacted, That where any process shall be issued against the person of any citizen in any county of this State, for any violation of the provisions of this act, and such shall be returned not executed, for any cause whatever, by the sheriff or other officer, to the court from which it was issued, with an affidavit appended thereto, plainly setting forth the reason for the non-execution of such process, then it shall be the duty of the clerk, without delay, to issue analias capiasto the same county, if the home of the defendant shall be in said county, either in part or in whole, when said sheriff or other officer shall give notice tothe inhabitants of said county by posting such notice at the court-house of said county, of the existence of said capias; and if the inhabitants of such county shall permit such defendant to be or to live in said county, in part or in whole, the inhabitants shall be subject to an assessment of not less than five hundred dollars, nor more than five thousand dollars, at the discretion of the court, which said assessment shall be made in the following manner, to-wit: When the sheriff or other officer shall return hisalias capias, showing that said defendant is an inhabitant of said county, in part or in whole, and that the citizens thereof have failed or refused to arrest said defendant, which every citizen is hereby authorized to do or perform. Said court shall ordersci. fa.to issue to the proper officer to make known to the chairman, judge, or other presiding officer of the County Court, to appear and show cause why final judgment should not have been entered up accordingly; which, if any County Court fails or refuses to do and perform, any judge, in vacation, shall grant amandamusto compel said County Court to assess and collect said assessment, to be paid into the State treasury for the benefit of the school fund; provided, said assessment shall not be made of the sheriff or other officer, upon the return of the original, oraliaswrits, show cause why the same cannot be executed, which may be done by his affidavit and two respectable witnesses known to the court as such.
Sec. 10.Be it further enacted, That all the inhabitants in this State shall be authorized to arrest any person defendant, under the provisions of this act, in any county in this State without process.
Sec. 11.Be it further enacted, That if any person or persons shall write, publish, advise, entreat or persuade, privately or publicly, any class of persons, or any individual, to resist any of the laws of this State calculated to molest or disturb the good people and peaceable citizens of the State, such persons shall be subject to the penalties of the first section of this act; and if an attorney at law, he shall be stricken from the roll of attorneys and be prevented from practicing in any court in this State.
Sec. 12.Be it further enacted, That if any person shall make threats against any elector or person authorized to exercise the elective franchise, with the intention of intimidating or preventing such person or persons from attending any election in this State, they shall be subject to the penalties inflicted by the first section of this act.
Sec. 13.Be it further enacted, That if any person or persons shall attempt to break up any election in this State, or advise the same to be done, with a view of preventing the lawful or qualified citizens of this State from voting, they shall be subject to the penalties prescribed by the first section of this act; and the attorney of the State in all convictions under the provisions of this act, shall be entitled to a tax fee of one hundreddollars, to be taxed in the bill of costs, and to be paid by the defendant. And the attorney prosecuting for the State shall keep all information given him a secret, unless it shall be necessary, in the opinion of the court, that the same should be made public.
Sec. 14.Be it further enacted, That it shall be the duty of all the judges in this State to read this act to the grand juries, and give it especially in charge to said juries.
Sec. 15.Be it further enacted, That the treasurer of this State shall not be authorized to pay any judge in this State any salary, or to any clerk, sheriff, or attorney, any fee or bill of costs that may accrue to such parties under the provisions of this act, until such judge or other officer shall have filed with the comptroller or treasurer an affidavit plainly setting forth that he has fully complied with the provisions of this act.
Sec. 16.Be it further enacted, That if any person or citizen of this State shall voluntarily feed, or lodge, or entertain, or conceal in the woods, or elsewhere, any offender known to such person to be charged with any criminal offense under this act, such person shall suffer the penalty prescribed by the first section of this act; provided, that this section shall not apply to persons who, under the ancient law, might feed or conceal the party charged.
Sec. 17.Be it further enacted, That if any person, guilty of any of the offenses enumerated in this act, shall have, own or possess any real estate held by deed, orgrant, or entry, or by fee, or entail in law, or equity, the same shall be bound for costs, fines or penalties imposed by any of the provisions of this act; and a lien is hereby declared to attach to all estates in law or equity, as above, dating from the day or night of the commission of the offense, which fact may be found by the jury trying the cause, or any other jury impaneled for that purpose; and if in the opinion of the court the defendant has evaded the law, the jury shall find such fact, and the estate of the defendant shall be made liable for the costs of the State; and there shall be no limitation to the recovery of the same.
Sec. 18.Be it further enacted, That if any person or persons shall be guilty of a violation of any of the provisions of this act, to the prejudice or injury of any individual, the jury trying the defendant shall, or may find such fact with the amount of injury sustained, which shall be paid to the injured party or person entitled to the same, by the laws of descent of this State, with all costs, and who shall have the same lien on the property of the defendant that is possessed or given to the State by this act.
Sec. 19.Be it further enacted, That if any person shall knowingly make or cause to be made, any uniform or regalia, in part or in whole, by day or night, or shall be found in possession of the same, he, she or they shall be fined at the discretion of the court, and shall be rendered infamous.
Sec. 20.Be it further enacted, That in addition to the oath prescribed by the constitution and oath of office, every public officer shall swear that he has never been a member of the organization known as the Ku Klux Klan, or other disguised body of men contrary to the laws of the State, and that he has neither directly nor indirectly aided, encouraged, supported, or in any manner countenanced said organization.
Sec. 21.Be it further enacted, That the attorneys or prosecuting officers for the State, shall be entitled to and receive five per cent, on all forfeitures or assessments made by this act, on compensations to be paid by the defendant.
Sec. 22.Be it further enacted, That the standard of damages for injuries to individuals shall be as follows: For disturbing any of the officers of the State or other person, by entering the house or houses, or place of residence of any such individual in the night, in a hostile manner, or against his will, the sum of ten thousand dollars; and it shall be lawful for the person so assailed to kill the assailant. For killing any individual in the night twenty thousand dollars; provided, such person killed was peaceable at that time. That all other injuries shall be assessed by the court and jury in proportion; and the court trying said causes may grant as many new trials as may, in his opinion, be necessary to attain the end of justice.
Sec. 23.Be it further enacted, That all persons present, and not giving immediate information on the offenders, shall be regarded as guilty of a misdemeanor against the law, and shall be punished accordingly.
Sec. 24.Be it further enacted, That it shall not be lawful for any persons to publish any proffered or pretended order of said secret, unlawful clans; and any person convicted under any of the provisions of this act, shall not claim, hold, or possess any property, real or personal, exempt from execution, fine, penalty or costs, under this act; provided, that nothing herein contained shall be so construed as to prevent or exempt any person heretofore guilty of any of the offenses herein contained from prosecution under the law as it now stands. This act to take effect from after its passage.[52]
The same legislature passed a bill authorizing the Governor to organize, equip and call into active service, at his discretion, a volunteer force, to be known as the Tennessee State Guards; to be composed of one or more regiments from each congressional district of the State; provided always that said Tennessee State Guards shall be composed of loyal men.
And it was further provided by the "Militia Law," that upon the representation of "ten Union men, or three Justices of the Peace in any county in the State," that the presence of these troops were needed, that the Governor might declare martial law in such counties, and send thither troops in such numbers as, in his judgment, were necessary for the preservation of peace and order. And it was provided that the expense of these troops to the State should be collected from the counties where they were quartered.
The reader has now some insight into the character of the legislation direct against the Ku Klux. He will not only note the general severity and harshness of it, but the following features in particular:
(1). The anti-Ku Klux statute wasex post facto, as expressly declared by Section 24 of it. (2). It presented no way in which a man could relieve himself from liability to it, except by turning informer, and as an inducement to do this a large bribe was offered. (3). It encouraged strife, by making every inhabitant of the State an officer extraordinary with power "to arrest without process" when he had ground to suspect. (4). Itmust be remembered that in those days in Tennessee "to be loyal" had a very limited meaning. It meant simply to be a subservient tool and supporter of Governor Brownlow. If a man was not that, no matter what his past record, or what his political opinion, he was not "loyal." (5). While the law professed to be aimed at the suppression of all lawlessness, it was not so construed and enforced by the party in power. The "Union" or "Loyal" League was never molested, though this organization met frequently, and its members appeared by day and by night, armed, threatening and molesting the life and property of as peaceable and quiet citizens as any in the State. No attempt was ever made to arrest men except in Ku Klux disguises. But as before remarked there is no instance on record of a Ku Klux being arrested, tried and convicted. Invariably the party arrested while depredating as Ku Klux turned out to be, when stripped of their disguises, "loyal" men.
In some sections of the State a perfect reign of terror followed this anti-Ku Klux statute. The members of the Klan were now in the attitude of men fighting for life and liberty. Hundreds, perhapsthousands, of them were not lawbreakers, and did not desire to be. There had been no law against association with the Klan; they had conceived and done no wrong during their connection with it. They had had no participation in or knowledge of the excesses in which some of the Klan had indulged or were charged with having indulged in. But now their previous connection with the Klan was made a penal offense; and they had no hope except on terms which to men of honor and right principle were more odious than death.
These men were made infamous, made liable to fine and imprisonment, exposed to arrest without process by any malicious negro or mean white man; and even their wives and children were outlawed and exposed to the same indignities; and it is no strange thing if they were driven to the very verge of desperation. It is not denied that they did many things for which the world has been exceedingly slow to accept apology or excuse. But history is challenged to furnish an instance of a people bearing gross wrong and brutal outrage perpetrated in the name of law and loyalty with patience, forbearance or forgiveness, comparable to that exhibitedby the people of the Southern States, and especially of Tennessee, during what is called the "Reconstruction period," and since.
There may be in their conduct some things to regret, and some to condemn; but he who gets a full understanding of their surroundings, social, civil and political, if he is not incapable of noble sentiment, will also find many things to awaken his sympathy and call forth his admiration.
[47]See Major Crowe's statement on p. 22.
[47]See Major Crowe's statement on p. 22.
[48]"At this late day (1901) I am gratified to be able to say that my company did much good service to Tuscaloosa county. Had these organizations confined their operations to their legitimate object, viz: Punishing impudent negroes and negro-loving whites, then their performances would have effected only good. Unfortunately, the Klan began to degenerate into a vile means of wreaking revenge for personal dislikes or personal animosities, and in this way many outrages were perpetrated, ultimately resulting in casting so much well-deserved odium on the whole concern that about the year 1870 there was almost a universal collapse; all the good and brave men abandoning it in disgust. Many outrages were committed in the name of Ku Klux that really were done by irresponsible parties who never belonged to the Klan."—Ryland Randolph.
[48]"At this late day (1901) I am gratified to be able to say that my company did much good service to Tuscaloosa county. Had these organizations confined their operations to their legitimate object, viz: Punishing impudent negroes and negro-loving whites, then their performances would have effected only good. Unfortunately, the Klan began to degenerate into a vile means of wreaking revenge for personal dislikes or personal animosities, and in this way many outrages were perpetrated, ultimately resulting in casting so much well-deserved odium on the whole concern that about the year 1870 there was almost a universal collapse; all the good and brave men abandoning it in disgust. Many outrages were committed in the name of Ku Klux that really were done by irresponsible parties who never belonged to the Klan."—Ryland Randolph.
[49]I have been told that in Tennessee several members of the Klan were executed by its orders for committing evil deeds under name of the Klan.—Editor.
[49]I have been told that in Tennessee several members of the Klan were executed by its orders for committing evil deeds under name of the Klan.—Editor.
[50]Some of the "Dens" disbanded in 1868. "As soon as our object was effected, viz., got the negroes to behave themselves, we disbanded."—Ryland Randolph.
[50]Some of the "Dens" disbanded in 1868. "As soon as our object was effected, viz., got the negroes to behave themselves, we disbanded."—Ryland Randolph.
[51]Most of the carpetbag and negro legislatures of the other Southern States passed similar laws, and Congress enacted a series of three "Force Laws" in 1870-1871. See Burgess' "Reconstruction and the Constitution," pp. 253, 262; Fleming's "Civil War and Reconstruction in Alabama," p. 695.—Editor.
[51]Most of the carpetbag and negro legislatures of the other Southern States passed similar laws, and Congress enacted a series of three "Force Laws" in 1870-1871. See Burgess' "Reconstruction and the Constitution," pp. 253, 262; Fleming's "Civil War and Reconstruction in Alabama," p. 695.—Editor.
[52]This is a good specimen of the "Force Laws" which were meant to uphold the Radical governments in the South against popular disaffection.—Editor.
[52]This is a good specimen of the "Force Laws" which were meant to uphold the Radical governments in the South against popular disaffection.—Editor.
On the 20th day of February, 1869, Governor Brownlow resigned his position as Governor to take the seat in the United States Senate, to which he had been elected. The last paper to which he affixed his signature as Governor of Tennessee, proclaimed martial law in certain counties, and ordered troops to be sent thither. This proclamation was dated February 20, 1869. In a short while it was followed by a proclamation from the "Grand Wizard of the Invisible Empire" to his subjects.
This proclamation recited the legislation directed against the Klan, and stated that the order had now, in large measure, accomplished the objects of its existence. At a time when the civil law afforded inadequate protection to life and property, when robbery and lawlessness of every description were unrebuked, when all thebetter elements of society were in constant dread for the safety of their property, persons and families, the Klan had afforded protection and security to many firesides, and, in many ways contributed to the public welfare. But greatly to the regret of all good citizens, some members of the Klan had violated positive orders; others, under the name and disguises of the organization, had assumed to do acts of violence, for which the Klan was held responsible. The Grand Wizard had been invested with the power to determine questions of paramount importance to the interests of the order. Therefore, in the exercise of that power, the Grand Wizard declared that the organization heretofore known as the Ku Klux Klan was dissolved and disbanded.
Members were directed to burn all regalia and paraphernalia of every description, and to desist from any further assemblies or acts as Ku Klux.[53]The members of the Klan were counseled in the future as heretofore, to assist all goodpeople of the land in maintaining and upholding the civil laws, and in putting down lawlessness. This proclamation was directed to all Realms, Dominions, Provinces and "Dens" in "the Empire." It is reasonably certain that there were portions of the Empire never reached by it. The Klan was widely scattered and the facilities for communication exceedingly poor. The Grand Wizard was a citizen of Tennessee. Under the statute just now quoted newspapers were forbidden to publish anything emanating from the Klan. So that there was no way in which this proclamation could be generally disseminated.
Where it was promulgated, obedience to it was prompt and implicit. Whether obeyed or not, this proclamation terminated the Klan's organized existence as decisively and completely as General Lee's last general order, on the morning of the 10th of April, 1865, disbanded the army of Northern Virginia.
When the office of Grand Wizard was created and its duties defined, it was explicitly provided that he should have "the power to determine questions of paramount importance, and his decisionshall be final." To continue the organization or to disband it was such a question. He decided in favor of disbanding, and so ordered. Therefore the Ku Klux Klan had no organized existence after March, 1869.[54]
The report of the Congressional Investigating Committee contains some disreputable history, which belongs to a later date, and is attributed to the Klan, but not justly so. For several years, after March, 1869, the papers reported and commented on "Ku Klux outrages" committed at various points. The authors of these outrages may have acted in the name of the Klan, and under its disguises; it may be that in some cases they were men who had been Ku Klux. But it cannot be charged that they were acting by the authority of an order which had formally disbanded. They were acting on their own responsibility.
Thus lived, so died, this strange order. Its birth was an accident; its growth was a comedy; its death a tragedy. It owedits existence wholly to the anomalous condition of social and civil affairs in the South during the years immediately succeeding the unfortunate contest in which so many brave men in blue and gray fell, martyrs to their convictions.
There never was, before or since, a period of our history when such an order could have lived. May there never be again!
[53]In the copy of the Revised and Amended Prescript owned by Columbia University Library is bound a letter in which is mentioned this order of destruction.—Editor.
[53]In the copy of the Revised and Amended Prescript owned by Columbia University Library is bound a letter in which is mentioned this order of destruction.—Editor.
[54]The local "Dens" were not affected by this order. Many had already disbanded; many more remained active as long as the Reconstruction régime lasted.—Editor.
[54]The local "Dens" were not affected by this order. Many had already disbanded; many more remained active as long as the Reconstruction régime lasted.—Editor.
Damnant quod non intelligunt. [ 1appendix 1 page 1PRESCRIPTOF THE* *What may this mean,That thou, dead corse, again, in complete steel,Revisit'st thus the glimpses of the moon,Making night hideous; and we fools of nature,So horridly to shake our disposition,With thoughts beyond the reaches of our souls?An' now auld Cloots, I ken ye're thinkin',A certainGhoulis rantin', drinkin',Some luckless night will send him linkin',To your black pit;But, faith! he'll turn a corner jinkin',And cheat you yet.Amici humani generis. [ 2appendix 1 page 2Creed.We the * * reverently acknowledgethe Majesty and Supremacy of the Divine being,and recognize the Goodness and Providence of theSame.Preamble.We recognize our relations to the United StatesGovernment and acknowledge the supremacy ofits laws.Appellation.Article I.This organization shall be styled anddenominated the * *Titles.Art. II.The officers of this * shall consist ofa Grand Wizard of the Empire and his ten Genii;a Grand Dragon of the Realm and his eight Hy-dras; a Grand Titan of the Dominion and his sixFuries; a Grand Giant of the Province and his fourGoblins; a Grand Cyclops of the Den and his twoNight Hawks; a Grand Magi, a Grand Monk, aGrand Exchequer, a Grand Turk, a Grand Scribe,a Grand Sentinel, and a Grand Ensign.Sec. 2.The body politic of this * shall be des-ignated and known as "Ghouls."Divisions.Art. III.This * shall be divided into five de-partments, all combined, constituting the Grand* of the Empire. The second department to becalled the Grand * of the Realm. The third, theGrand * of the Dominion. The fourth, the Grand* of the Province. The fifth, the * of the Den.Duties of Officers.Grand Wizard.Art. IV. Sec. I.It shall be the duty of the GrandWizard, who is the Supreme Officer of the Empireto communicate with and receive reports from theMagna est veritas, et prevalebit.Nec scire fas est omnia. [ 3appendix 1 page 3Grand Dragons of Realms, as to the condition,strength, efficiency and progress of the *swithin their respective Realms. And he shall com-municate from time to time, to all subordinates *s,through the Grand Dragon, the condition, strength,efficiency, and progress of the *s throughout his vastEmpire; and such other information as he may deemexpedient to impart. And it shall further be his du-ty to keep by his G Scribe a list of the names (withoutany caption or explanation whatever) of the GrandDragons of the different Realms of his Empire, andshall number such Realms with the Arabic nume-rals, 1, 2, 3, &c.,ad finem. And he shall instructhis Grand Exchequer as to the appropriation anddisbursement which he shall make of the revenueof the * that comes to his hands. He shall havethe sole power to issue copies of this Prescript,through his Subalterns and Deputies, for the organ-ization and establishment of subordinate *s. Andhe shall have the further power to appoint his Ge-nii; also, a Grand Scribe and a Grand Exchequerfor his Department, and to appoint and ordainSpecial Deputy Grand Wizards to assist him in themore rapid and effectual dissemination and estab-lishment of the * throughout his Empire. He isfurther empowered to appoint and instruct Depu-ties, to organize and control Realms, Dominions,Provinces, and Dens, until the same shall elect aGrand Dragon, a Grand Titan, a Grand Giant, anda Grand Cyclops, in the manner hereinafter provid-ded. And when a question of paramount impor-tance to the interest or prosperity of the * arises,not provided for in this Prescript, he shall havepower to determine such question, and his decisionshall be final, until the same shall be provided forby amendment as hereinafter provided.Ne vile fano.Ars est celare artem. [ 4appendix 1 page 4Grand Dragon.Sec. 2. It shall be the duty of the Grand Dragonwho is the Chief Officer of the Realm, to report tothe Grand Wizard when required by that officer,the condition, strength, efficiency, and progress ofthe * within his Realm, and to transmit throughthe Grand Titan to the subordinate *s of his Realm,all information or intelligence conveyed to him bythe Grand Wizard for that purpose, and all such oth-er information or instruction as he may think willpromote the interests of the *. He shall keep by hisG. Scribe a list of the names (without any caption)of the Grand Titans of the different Dominions ofhis Realm, and shall report the same to the GrandWizard when required; and shall number the Do-minions of his Realm with the Arabic numerals, 1,2, 3, &c.,ad finem. He shall instruct his GrandExchequer as to the appropriation and disburse-ment of the revenue of the * that comes to hishands. He shall have the power to appoint hisHydras; also, a Grand Scribe and a Grand Exche-quer for his Department, and to appoint and ordainSpecial Deputy Grand Dragons to assist him in themore rapid and effectual dissemination and estab-lishment of the * throughout his Realm. He isfurther empowered to appoint and instruct Depu-ties to organize and control Dominions, Provincesand Dens, until the same shall elect a Grand Titan,a Grand Giant, and Grand Cyclops, in the mannerhereinafter provided.Grand Titan.Sec. 3. It shall be the duty of the Grand Titanwho is the Chief Officer of the Dominion, to reportto the Grand Dragon when required by that officer,the condition, strength, efficiency, and progressof the * within his Dominion, and to transmitthrough the Grand Giants to the subordinate *sNusquam tuta fides.Quid faciendum? [ 5appendix 1 page 5of his Dominion, all information or intelligence con-veyed to him by the Grand Dragon for that pur-pose, and all such other information or instructionas he may think will enhance the interests of the *.He shall keep, by his G. Scribe, a list of the names(without caption) of the Grand Giants of the differ-ent Provinces of his Dominion, and shall report thesame to the Grand Dragon when required; and heshall number the Provinces of his Dominion withthe Arabic Numerals, 1, 2, 3, &c.,ad finem. And heshall instruct and direct his Grand Exchequer as tothe appropriation and disbursement of the revenueof the * that comes to his hands. He shall havepower to appoint his Furies; also to appoint a GrandScribe and a Grand Exchequer for his department,and appoint and ordain Special Deputy Grand Ti-tans to assist him in the more rapid and effectualdissemination and establishment of the * throughouthis Dominion. He shall have further power toappoint and instruct Deputies to organize and con-trol Provinces and Dens, until the same shall electa Grand Giant and a Grand Cyclops, in the man-ner hereinafter provided.Grand Giant.Sec. 4. It shall be the duty of the Grand Giant,who is the Chief Officer of the Province, to super-vise and administer general and special in-struction in the formation and establishment of*s within his Province, and to report to the GrandTitan, when required by that officer, the condition,strength, progress and efficiency of the * through-out his Province, and to transmit, through theGrand Cyclops, to the subordinate *s of his Pro-vince, all information or intelligence conveyed tohim by the Grand Titan for that purpose, and suchother information and instruction as he may thinkFide non armis.Fiat justia. [ 6appendix 1 page 6will advance the interests of the *. He shall keep byhis G. Scribe a list of the names (without caption) ofthe Grand Cyclops of the various Dens of his Prov-ince, and shall report the same to the Grand Titanwhen required; and shall number the Dens of hisProvince with the Arabic numerals, 1, 2, 3, &c.,adfinem.And shall determine and limit the numberof Dens to be organized in his Province. And heshall instruct and direct his Grand Exchequer as towhat appropriation and disbursement he shall makeof the revenue of the * that comes to his hands.He shall have power to appoint his Goblins; also,a Grand Scribe and a Grand Exchequer for his de-partment, and to appoint and ordain Special Depu-ty Grand Giants to assist him in the more rapidand effectual dissemination and establishment ofthe * throughout his Province. He shall havethe further power to appoint and instruct Deputiesto organize and control Dens, until the same shallelect a Grand Cyclops in the manner hereinafterprovided. And in all cases, he shall preside at andconduct the Grand Council of Yahoos.Grand Cyclops.Sec. 5. It shall be the duty of the Grand Cyclopsto take charge of the * of his Den after his election,under the direction and with the assistance (whenpracticable) of the Grand Giant, and in accordancewith, and in conformity to the provisions of thisPrescript, a copy of which shall in all cases be obtain-ed before the formation of a * begins. It shall fur-ther be his duty to appoint all regular meetings ofhis * and to preside at the same—to appoint irregu-lar meetings when he deems it expedient, to preserveorder in his Den, and to impose fines for irregularitiesor disobedience of orders, and to receive and initiatecandidates for admission into the * after thesame shall have been pronounced competent and wor-Hic manent vestigia morientis libertatis.Curae leves loquntur, ingentes stupent. [ 7appendix 1 page 7thy become members by the Investigating Com-mittee. He shall make a quarterly report to theGrand Giant, of the condition, strength and ef-ficiency of the * of his Den, and shall convey tothe Ghouls of his Den, all information or intelli-gence conveyed to him by the Grand Giant for thatpurpose, and all other such information or instruc-tion as he may think will conduce to the interestsand welfare of the *. He shall preside at and con-duct the Grand Council of Centaurs. He shall havepower to appoint his Night Hawks, his GrandScribe, his Grand Turk, his Grand Sentinel, andhis Grand Ensign. And he shall instruct and di-rect the Grand Exchequer of his Den, as to whatappropriation and disbursement he shall make ofthe revenue of the * that comes to his hands.And for any small offense he may punish any mem-ber by fine, and may reprimand him for the same:And he may admonish and reprimand the * ofhis Den for any imprudence, irregularity or trans-gression, when he is convinced or advised that theinterests, welfare and safety of the * demand it.Grand Magi.Sec. 6. It shall be the duty of the Grand Magi,who is the Second Officer, in Authority, of the Den,to assist the Grand Cyclops and to obey all theproper orders of that officer. To preside at allmeetings in the Den in the absence of the GrandCyclops; and to exercise during his absence all thepowers and authority conferred upon that officer.Grand Monk.Sec. 7. It shall be the duty of the Grand Monk,who is the third officer, in authority, of the Den, toassist and obey all the proper orders of the GrandCyclops and the Grand Magi. And in the absenceof both of these officers, he shall preside at and con-duct the meetings in the Den, and shall exercise allDat Deus his quoque finem.Cessante causa, cessat effectus. [ 8appendix 1 page 8the powers and authority conferred upon the Grand Cyclops.Grand Exchequer.Sec. 8. It shall be the duty of the Grand Exche-quers of the different Departments of the * to keepa correct account of all the revenue of the * thatshall come to their hands, and shall make no appro-priation or disbursement of the same except underthe orders and direction of the chief officer of theirrespective departments. And it shall further bethe duty of the Grand Exchequer of Dens to collectthe initiation fees, and all fines imposed by theGrand Cyclops.Grand Turk.Sec. 9. It shall be the duty of the Grand Turk,who is the Executive Officer of the Grand Cyclops,to notify the ghouls of the Den of all informal orirregular meetings appointed by the Grand Cyclopsand to obey and execute all the lawful orders of thatofficer in the control and government of his Den.It shall further be his duty to receive and questionat the Out Posts, all candidates for admission intothe *, and shallthereadminister the preliminaryobligation required, and then to conduct such can-didate or candidates to the Grand Cyclops at hisDen, and to assist him in the initiation of the same.And it shall further be his duty to act as the ex-ecutive officer of the Grand Council of Centaurs.Grand Scribe.Sec. 10. It shall be the duty of the Grand Scribesof the different departments to conduct the corres-pondence and write the orders of the chiefs of theirdepartments, when required. And it shall furtherbe the duty of the Grand Scribes of the Den to keepa list of the names (without caption) of the ghoulsof the Den—to call the Roll at all regular meetingsand to make the quarterly report under the direc-tion of the Grand Cyclops.Droit et avant.Cave quid dicis, quando, et cui. [ 9appendix 1 page 9Grand Sentinel.Sec. 11. It shall be the duty of the Grand Senti-nel to detail, take charge of, post and instruct theGrand Guard under the direction and orders of theGrand Cyclops, and to relieve and dismiss the samewhen directed by that officer.Grand Ensign.Sec. 12. It shall be the duty of the Grand Ensignto take charge of the Grand Banner of the *, topreserve it sacredly, and protect it carefully, and tobear it on all occasions of parade or ceremony, andon such other occasions as the Grand Cyclops maydirect it to be flung to the night breeze.Election of Officers.Art. V.Sec. 1. The Grand Cyclops, the GrandMagi, the Grand Monk, and the Grand Exchequerof Dens, shall be elected semi-annually by theghouls of Dens. And the first election for theseofficers may take place as soon as seven ghouls havebeen initiated for that purpose.Sec. 2. The Grand Wizard of the Empire, theGrand Dragons of Realms, the Grand Titans of Do-minions, and the Grand Giants of Provinces, shallbe elected biennially, and in the following man-ner, to wit: The Grand Wizard by a majority voteof the Grand Dragons of his Empire, the GrandDragons by a like vote of the Grand Titans of hisRealm; the Grand Titans by a like vote of theGrand Giants of his Dominion, and the Grand Gi-ant by a like vote of the Grand Cyclops of his Pro-vince.The first election for Grand Dragon may takeplace as soon as three Dominions have been organ-ized in a Realm, but all subsequent elections shallbe by a majority vote of the Grand Titans, through-out the Realm, and biennially as aforesaid.The first election for Grand Titan may take placeDormitur aliquando jus, moritur nunquam.Deo adjuvante, non timendum. [ 10appendix 1 page 10as soon as three Provinces have been organized in aDominion, but all subsequent elections shall be by amajority vote of all the Grand Giants throughoutthe Dominion and biennially as aforesaid.The first election for Grand Giant may take placeas soon as three Dens have been organized in aProvince, but all subsequent elections shall be by amajority vote of all the Grand Cyclops throughoutthe Province, and biennially as aforesaid.The Grand Wizard of the Empire is hereby cre-ated, to serve three years from the First Mondayin May, 1867, after the expiration of which time,biennial elections shall be held for that office asaforesaid. And the incumbent Grand Wizard shallnotify the Grand Dragons, at least six months be-fore said election, at what time and place the samewill be held.Judiciary.Art. VI.Sec. 1. The Tribunal of Justice of this* shall consist of a Grand Council of Yahoos, anda Grand Council of Centaurs.Sec. 2. The Grand Council of Yahoos, shall bethe Tribunal for the trial of all elected officers, andshall be composed of officers of equal rank with theaccused, and shall be appointed and presided overby an officer of the next rank above, and sworn byhim to administer even handed justice. The Tribu-nal for the trial of the Grand Wizard, shall be com-posed of all the Grand Dragons of the Empire, andshall be presided over and sworn by the seniorGrand Dragon. They shall have power to summonthe accused, and witnesses for and against him, andif found guilty they shall prescribe the penalty andexecute the same. And they shall have power toappoint an executive officer to attend said Councilwhile in session.Spectemur agendo.Nemo nos impune lacessit. [ 11appendix 1 page 11Sec. 3. The Grand Council of Centaurs shall bethe Tribunal for the trial of Ghouls and non-electiveofficers, and shall be composed of six judges appoint-ed by the Grand Cyclops from the Ghouls of his Den,presided over and sworn by him to give the ac-cused a fair and impartial trial. They shallhave power to summon the accused, andwitnesses for and against him, and if found guiltythey shall prescribe the penalty and execute thesame. Said Judges shall be selected by the GrandCyclops with reference to their intelligence, integri-ty and fair-mindedness, and shall render their ver-dict without prejudice or partiality.Revenue.Art. VII.Sec. 1. The revenue of this * shallbe derived as follows: For every copy of this Pre-script issued to the *s of Dens, Ten Dollars willbe required. Two dollars of which shall go intothe hands of the Grand Exchequer of the Grand Gi-ant; two into the hands of the Grand Exchequer ofthe Grand Titan; two into the hands of the GrandExchequer of the Grand Dragon, and the remainingfour into the hands of the Grand Exchequer of theGrand Wizard.Sec. 2. A further source of revenue to the Empireshall be ten per cent. of all the revenue of theRealms, and a tax upon Realms, when the GrandWizard shall deem it necessary and indispensableto levy the same.Sec. 3. A further source of revenue to Realmsshall be ten per cent. of all the revenue of Domin-ions, and a tax upon Dominions when the GrandDragon shall deem such tax necessary and indispen-sable.Sec. 4. A further source of revenue to Domin-ions shall be ten per cent. of all the revenue of Pro-Patria cara, carior libertas.Ad unum omnes. [ 12appendix 1 page 12vinces, and a tax upon Provinces when the GrandTitan shall deem such tax necessary and indispen-sable.Sec. 5. A further source of revenue to Provincesshall be ten per cent. on all the revenue of Dens,and a tax upon the Dens, when the Grand Giantshall deem such tax necessary and indispensable.Sec. 6. The source of revenue to Dens, shall bethe initiation fees, fines, and aper capitatax, when-ever the Grand Cyclops shall deem such tax indis-pensable to the interests and purposes of the *.Sec. 7. All of the revenue obtained in the man-ner herein aforesaid, shall be for the exclusive ben-efit of the *. And shall be appropriated to thedissemination of the same, and to the creation of afund to meet any disbursement that it may becomenecessary to make to accomplish the objects of the*, and to secure the protection of the same.Obligation.Art. VIII.No one shall become a member ofthis *, unless he shall take the following oath orobligation:"I, ———— of my own free will and accord, and inthe presence of Almighty God, do solemnly swearor affirm that I will never reveal to any one, not amember of the * * by any intimation, sign,symbol, word or act, or in any other manner what-ever, any of the secrets, signs, grips, pass words,mysteries or purposes of the * * or that I ama member of the same or that I know any one whoisa member, and that I will abide by the Prescriptand Edicts of the * *. So help me God."Sec. 2. The preliminary obligation to be adminis-tered before the candidate for admission is takento the Grand Cyclops for examination, shall be asfollows:"I do solemnly swear or affirm that I will neverDeo duce, ferro comitante.Tempora mutantur, et nos mutamur in illis. [ 13appendix 1 page 13reveal any thing that I may this day (or night)learn concerning the * *. So help me God."Admission.Art. IX.Sec. 1. No one shall be presented foradmission into this *, until he shall have beenrecommended by some friend or intimate, whoisamember, to the Investigating Committee, whichshall be composed of the Grand Cyclops, the GrandMagi and the Grand Monk, and who shall investi-gate his antecedents and his past and present stand-ing and connections, and if after such investigation,they pronounce him competent and worthy to becomea member, he may be admitted upon taking the ob-ligation required and passing through the ceremo-nies of initiation.Provided, That no one shall beadmitted into this * who shall have not attain-ed the age of eighteen years.Sec. 2. No one shall become a member of a dis-tant * when there is a * established and inoperation in his own immediate vicinity. Norshall any one become a member of any * afterhe shall have been rejected by any other *.Ensign.Art. X.The Grand Banner of this * shall bein the form of an isosceles triangle, five feet longand three wide at the staff. The material shall beYellow, with a Red scalloped border, about threeinches in width. There shall be painted upon it,in black, a Dracovolans, or Flying Dragon[55]withthe following motto inscribed above the Dragon,"Quod Semper, Quod Ubique, Quod ab Omnibus."[56]Amendments.Art. XI.This Prescript or any part or Edictsthereof, shall never be changed except by a two-[55]See Webster's Unabridged Pictorial.[56]"What always, what every where, what by all is held to be true."O tempora! O mores!Ad utrumque paratus. [ 14appendix 1 page 14thirds vote of the Grand Dragons of the Realms, inConvention assembled, and at which Conventionthe Grand Wizard shall preside and be entitled to avote. And upon the application of a majority ofthe Grand Dragons, for that purpose, the GrandWizard shall appoint the time and place for saidConvention; which, when assembled, shall pro-ceed to make such modifications and amendments asit may think will advance the interest, enlarge theutility and more thoroughly effectuate the purpo-ses of the *.Interdiction.Art. XII.The origin, designs, mysteries andritual of this * shall never be written, but thesame shall be communicated orally.Register.1st—Dismal.2nd—Dark.3rd—Furious.4th—Portentous.5th—Wonderful.6th—Alarming.7th—Dreadful.8th—Terrible.9th—Horrible.10th—Melancholy.11th—Mournful.12th—Dying.III—White.II—Green.III—Blue.IV—Black.V—Yellow.VI—Crimson.VII—Purple.III1—Fearful.2—Startling.3—Awful.4—Woeful.5—Horrid.6—Bloody.7—Doleful.8—Sorrowful.9—Hideous.10—Frightful.11—Appalling.12—Last.Edicts.I. The Initiation Fee of this * shall be onedollar, to be paid when the candidate is initiatedand received into the *.II. No member shall be allowed to take any in-toxicating spirits to any meeting of the *. Norshall any member be allowed to attend a meetingwhen intoxicated; and for every appearance at ameeting in such a condition, he shall be fined theCavendo tutus.Astra castra, numen lumen. [ 15appendix 1 page 15sum of not less than one nor more than five dollars,to go into the revenue of the *.III. Any member may be expelled from the *by a majority vote of the officers and ghouls of theDen to which he belongs, and if after such expulsionsuch member shall assume any of the duties, rega-lia or insignia of the * or in any way claim to bea member of the same, he shall be severely punish-ed. His obligation of secrecy shall be as bindingupon him after expulsion as before, and for anyrevelation made by him thereafter, he shall be heldaccountable in the same manner as if he were thena member.IV. Every Grand Cyclops shall read or cause tobe read, this Prescript and these Edicts to the *of his Den, at least once in every three months,—And shall read them to each new member when heis initiated, or present the same to him for person-al perusal.V. Each Den may provide itself with the GrandBanner of the *.VI. The *s of Dens may make such addition-al Edicts for their control and government as theyshall deem requisite and necessary.Provided,No Edict shall be made to conflict with any of the pro-visions or Edicts of this Prescript.VII. The strictest and most rigid secrecy, con-cerning any and everything that relates to the *shall at all times be maintained.VIII. Any member who shall reveal or betray thesecrets or purposes of this * shall suffer the ex-treme penalty of the Law.Hush, thou art not to utter whatI am. Bethink thee; it was our covenant.I said that I would see thee once again.Ne quid detrimenti Respublica capiat.Amici usque ad aras. [ 16appendix 1 page 16L' Envoi.To the lovers of Law and Order, Peace and Jus-tice, we send greeting; and to the shades ofthe venerated Dead, we affectionately dedicate the * *Nos ducit amor libertatis.
What may this mean,That thou, dead corse, again, in complete steel,Revisit'st thus the glimpses of the moon,Making night hideous; and we fools of nature,So horridly to shake our disposition,With thoughts beyond the reaches of our souls?
What may this mean,That thou, dead corse, again, in complete steel,Revisit'st thus the glimpses of the moon,Making night hideous; and we fools of nature,So horridly to shake our disposition,With thoughts beyond the reaches of our souls?
An' now auld Cloots, I ken ye're thinkin',A certainGhoulis rantin', drinkin',Some luckless night will send him linkin',To your black pit;But, faith! he'll turn a corner jinkin',And cheat you yet.
An' now auld Cloots, I ken ye're thinkin',A certainGhoulis rantin', drinkin',Some luckless night will send him linkin',To your black pit;But, faith! he'll turn a corner jinkin',And cheat you yet.
Creed.
We the * * reverently acknowledgethe Majesty and Supremacy of the Divine being,and recognize the Goodness and Providence of theSame.
Preamble.
We recognize our relations to the United StatesGovernment and acknowledge the supremacy ofits laws.
Appellation.
Article I.This organization shall be styled anddenominated the * *
Titles.
Art. II.The officers of this * shall consist ofa Grand Wizard of the Empire and his ten Genii;a Grand Dragon of the Realm and his eight Hy-dras; a Grand Titan of the Dominion and his sixFuries; a Grand Giant of the Province and his fourGoblins; a Grand Cyclops of the Den and his twoNight Hawks; a Grand Magi, a Grand Monk, aGrand Exchequer, a Grand Turk, a Grand Scribe,a Grand Sentinel, and a Grand Ensign.
Sec. 2.The body politic of this * shall be des-ignated and known as "Ghouls."
Divisions.
Art. III.This * shall be divided into five de-partments, all combined, constituting the Grand* of the Empire. The second department to becalled the Grand * of the Realm. The third, theGrand * of the Dominion. The fourth, the Grand* of the Province. The fifth, the * of the Den.
Duties of Officers.
Grand Wizard.
Art. IV. Sec. I.It shall be the duty of the GrandWizard, who is the Supreme Officer of the Empireto communicate with and receive reports from the
Grand Dragons of Realms, as to the condition,strength, efficiency and progress of the *swithin their respective Realms. And he shall com-municate from time to time, to all subordinates *s,through the Grand Dragon, the condition, strength,efficiency, and progress of the *s throughout his vastEmpire; and such other information as he may deemexpedient to impart. And it shall further be his du-ty to keep by his G Scribe a list of the names (withoutany caption or explanation whatever) of the GrandDragons of the different Realms of his Empire, andshall number such Realms with the Arabic nume-rals, 1, 2, 3, &c.,ad finem. And he shall instructhis Grand Exchequer as to the appropriation anddisbursement which he shall make of the revenueof the * that comes to his hands. He shall havethe sole power to issue copies of this Prescript,through his Subalterns and Deputies, for the organ-ization and establishment of subordinate *s. Andhe shall have the further power to appoint his Ge-nii; also, a Grand Scribe and a Grand Exchequerfor his Department, and to appoint and ordainSpecial Deputy Grand Wizards to assist him in themore rapid and effectual dissemination and estab-lishment of the * throughout his Empire. He isfurther empowered to appoint and instruct Depu-ties, to organize and control Realms, Dominions,Provinces, and Dens, until the same shall elect aGrand Dragon, a Grand Titan, a Grand Giant, anda Grand Cyclops, in the manner hereinafter provid-ded. And when a question of paramount impor-tance to the interest or prosperity of the * arises,not provided for in this Prescript, he shall havepower to determine such question, and his decisionshall be final, until the same shall be provided forby amendment as hereinafter provided.
Grand Dragon.
Sec. 2. It shall be the duty of the Grand Dragonwho is the Chief Officer of the Realm, to report tothe Grand Wizard when required by that officer,the condition, strength, efficiency, and progress ofthe * within his Realm, and to transmit throughthe Grand Titan to the subordinate *s of his Realm,all information or intelligence conveyed to him bythe Grand Wizard for that purpose, and all such oth-er information or instruction as he may think willpromote the interests of the *. He shall keep by hisG. Scribe a list of the names (without any caption)of the Grand Titans of the different Dominions ofhis Realm, and shall report the same to the GrandWizard when required; and shall number the Do-minions of his Realm with the Arabic numerals, 1,2, 3, &c.,ad finem. He shall instruct his GrandExchequer as to the appropriation and disburse-ment of the revenue of the * that comes to hishands. He shall have the power to appoint hisHydras; also, a Grand Scribe and a Grand Exche-quer for his Department, and to appoint and ordainSpecial Deputy Grand Dragons to assist him in themore rapid and effectual dissemination and estab-lishment of the * throughout his Realm. He isfurther empowered to appoint and instruct Depu-ties to organize and control Dominions, Provincesand Dens, until the same shall elect a Grand Titan,a Grand Giant, and Grand Cyclops, in the mannerhereinafter provided.
Grand Titan.
Sec. 3. It shall be the duty of the Grand Titanwho is the Chief Officer of the Dominion, to reportto the Grand Dragon when required by that officer,the condition, strength, efficiency, and progressof the * within his Dominion, and to transmitthrough the Grand Giants to the subordinate *s
of his Dominion, all information or intelligence con-veyed to him by the Grand Dragon for that pur-pose, and all such other information or instructionas he may think will enhance the interests of the *.He shall keep, by his G. Scribe, a list of the names(without caption) of the Grand Giants of the differ-ent Provinces of his Dominion, and shall report thesame to the Grand Dragon when required; and heshall number the Provinces of his Dominion withthe Arabic Numerals, 1, 2, 3, &c.,ad finem. And heshall instruct and direct his Grand Exchequer as tothe appropriation and disbursement of the revenueof the * that comes to his hands. He shall havepower to appoint his Furies; also to appoint a GrandScribe and a Grand Exchequer for his department,and appoint and ordain Special Deputy Grand Ti-tans to assist him in the more rapid and effectualdissemination and establishment of the * throughouthis Dominion. He shall have further power toappoint and instruct Deputies to organize and con-trol Provinces and Dens, until the same shall electa Grand Giant and a Grand Cyclops, in the man-ner hereinafter provided.
Grand Giant.
Sec. 4. It shall be the duty of the Grand Giant,who is the Chief Officer of the Province, to super-vise and administer general and special in-struction in the formation and establishment of*s within his Province, and to report to the GrandTitan, when required by that officer, the condition,strength, progress and efficiency of the * through-out his Province, and to transmit, through theGrand Cyclops, to the subordinate *s of his Pro-vince, all information or intelligence conveyed tohim by the Grand Titan for that purpose, and suchother information and instruction as he may think
will advance the interests of the *. He shall keep byhis G. Scribe a list of the names (without caption) ofthe Grand Cyclops of the various Dens of his Prov-ince, and shall report the same to the Grand Titanwhen required; and shall number the Dens of hisProvince with the Arabic numerals, 1, 2, 3, &c.,adfinem.And shall determine and limit the numberof Dens to be organized in his Province. And heshall instruct and direct his Grand Exchequer as towhat appropriation and disbursement he shall makeof the revenue of the * that comes to his hands.He shall have power to appoint his Goblins; also,a Grand Scribe and a Grand Exchequer for his de-partment, and to appoint and ordain Special Depu-ty Grand Giants to assist him in the more rapidand effectual dissemination and establishment ofthe * throughout his Province. He shall havethe further power to appoint and instruct Deputiesto organize and control Dens, until the same shallelect a Grand Cyclops in the manner hereinafterprovided. And in all cases, he shall preside at andconduct the Grand Council of Yahoos.
Grand Cyclops.
Sec. 5. It shall be the duty of the Grand Cyclopsto take charge of the * of his Den after his election,under the direction and with the assistance (whenpracticable) of the Grand Giant, and in accordancewith, and in conformity to the provisions of thisPrescript, a copy of which shall in all cases be obtain-ed before the formation of a * begins. It shall fur-ther be his duty to appoint all regular meetings ofhis * and to preside at the same—to appoint irregu-lar meetings when he deems it expedient, to preserveorder in his Den, and to impose fines for irregularitiesor disobedience of orders, and to receive and initiatecandidates for admission into the * after thesame shall have been pronounced competent and wor-
thy become members by the Investigating Com-mittee. He shall make a quarterly report to theGrand Giant, of the condition, strength and ef-ficiency of the * of his Den, and shall convey tothe Ghouls of his Den, all information or intelli-gence conveyed to him by the Grand Giant for thatpurpose, and all other such information or instruc-tion as he may think will conduce to the interestsand welfare of the *. He shall preside at and con-duct the Grand Council of Centaurs. He shall havepower to appoint his Night Hawks, his GrandScribe, his Grand Turk, his Grand Sentinel, andhis Grand Ensign. And he shall instruct and di-rect the Grand Exchequer of his Den, as to whatappropriation and disbursement he shall make ofthe revenue of the * that comes to his hands.And for any small offense he may punish any mem-ber by fine, and may reprimand him for the same:And he may admonish and reprimand the * ofhis Den for any imprudence, irregularity or trans-gression, when he is convinced or advised that theinterests, welfare and safety of the * demand it.
Grand Magi.
Sec. 6. It shall be the duty of the Grand Magi,who is the Second Officer, in Authority, of the Den,to assist the Grand Cyclops and to obey all theproper orders of that officer. To preside at allmeetings in the Den in the absence of the GrandCyclops; and to exercise during his absence all thepowers and authority conferred upon that officer.
Grand Monk.
Sec. 7. It shall be the duty of the Grand Monk,who is the third officer, in authority, of the Den, toassist and obey all the proper orders of the GrandCyclops and the Grand Magi. And in the absenceof both of these officers, he shall preside at and con-duct the meetings in the Den, and shall exercise all
the powers and authority conferred upon the Grand Cyclops.
Grand Exchequer.
Sec. 8. It shall be the duty of the Grand Exche-quers of the different Departments of the * to keepa correct account of all the revenue of the * thatshall come to their hands, and shall make no appro-priation or disbursement of the same except underthe orders and direction of the chief officer of theirrespective departments. And it shall further bethe duty of the Grand Exchequer of Dens to collectthe initiation fees, and all fines imposed by theGrand Cyclops.
Grand Turk.
Sec. 9. It shall be the duty of the Grand Turk,who is the Executive Officer of the Grand Cyclops,to notify the ghouls of the Den of all informal orirregular meetings appointed by the Grand Cyclopsand to obey and execute all the lawful orders of thatofficer in the control and government of his Den.It shall further be his duty to receive and questionat the Out Posts, all candidates for admission intothe *, and shallthereadminister the preliminaryobligation required, and then to conduct such can-didate or candidates to the Grand Cyclops at hisDen, and to assist him in the initiation of the same.And it shall further be his duty to act as the ex-ecutive officer of the Grand Council of Centaurs.
Grand Scribe.
Sec. 10. It shall be the duty of the Grand Scribesof the different departments to conduct the corres-pondence and write the orders of the chiefs of theirdepartments, when required. And it shall furtherbe the duty of the Grand Scribes of the Den to keepa list of the names (without caption) of the ghoulsof the Den—to call the Roll at all regular meetingsand to make the quarterly report under the direc-tion of the Grand Cyclops.
Grand Sentinel.
Sec. 11. It shall be the duty of the Grand Senti-nel to detail, take charge of, post and instruct theGrand Guard under the direction and orders of theGrand Cyclops, and to relieve and dismiss the samewhen directed by that officer.
Grand Ensign.
Sec. 12. It shall be the duty of the Grand Ensignto take charge of the Grand Banner of the *, topreserve it sacredly, and protect it carefully, and tobear it on all occasions of parade or ceremony, andon such other occasions as the Grand Cyclops maydirect it to be flung to the night breeze.
Election of Officers.
Art. V.Sec. 1. The Grand Cyclops, the GrandMagi, the Grand Monk, and the Grand Exchequerof Dens, shall be elected semi-annually by theghouls of Dens. And the first election for theseofficers may take place as soon as seven ghouls havebeen initiated for that purpose.
Sec. 2. The Grand Wizard of the Empire, theGrand Dragons of Realms, the Grand Titans of Do-minions, and the Grand Giants of Provinces, shallbe elected biennially, and in the following man-ner, to wit: The Grand Wizard by a majority voteof the Grand Dragons of his Empire, the GrandDragons by a like vote of the Grand Titans of hisRealm; the Grand Titans by a like vote of theGrand Giants of his Dominion, and the Grand Gi-ant by a like vote of the Grand Cyclops of his Pro-vince.
The first election for Grand Dragon may takeplace as soon as three Dominions have been organ-ized in a Realm, but all subsequent elections shallbe by a majority vote of the Grand Titans, through-out the Realm, and biennially as aforesaid.
The first election for Grand Titan may take place
as soon as three Provinces have been organized in aDominion, but all subsequent elections shall be by amajority vote of all the Grand Giants throughoutthe Dominion and biennially as aforesaid.
The first election for Grand Giant may take placeas soon as three Dens have been organized in aProvince, but all subsequent elections shall be by amajority vote of all the Grand Cyclops throughoutthe Province, and biennially as aforesaid.
The Grand Wizard of the Empire is hereby cre-ated, to serve three years from the First Mondayin May, 1867, after the expiration of which time,biennial elections shall be held for that office asaforesaid. And the incumbent Grand Wizard shallnotify the Grand Dragons, at least six months be-fore said election, at what time and place the samewill be held.
Judiciary.
Art. VI.Sec. 1. The Tribunal of Justice of this* shall consist of a Grand Council of Yahoos, anda Grand Council of Centaurs.
Sec. 2. The Grand Council of Yahoos, shall bethe Tribunal for the trial of all elected officers, andshall be composed of officers of equal rank with theaccused, and shall be appointed and presided overby an officer of the next rank above, and sworn byhim to administer even handed justice. The Tribu-nal for the trial of the Grand Wizard, shall be com-posed of all the Grand Dragons of the Empire, andshall be presided over and sworn by the seniorGrand Dragon. They shall have power to summonthe accused, and witnesses for and against him, andif found guilty they shall prescribe the penalty andexecute the same. And they shall have power toappoint an executive officer to attend said Councilwhile in session.
Sec. 3. The Grand Council of Centaurs shall bethe Tribunal for the trial of Ghouls and non-electiveofficers, and shall be composed of six judges appoint-ed by the Grand Cyclops from the Ghouls of his Den,presided over and sworn by him to give the ac-cused a fair and impartial trial. They shallhave power to summon the accused, andwitnesses for and against him, and if found guiltythey shall prescribe the penalty and execute thesame. Said Judges shall be selected by the GrandCyclops with reference to their intelligence, integri-ty and fair-mindedness, and shall render their ver-dict without prejudice or partiality.
Revenue.
Art. VII.Sec. 1. The revenue of this * shallbe derived as follows: For every copy of this Pre-script issued to the *s of Dens, Ten Dollars willbe required. Two dollars of which shall go intothe hands of the Grand Exchequer of the Grand Gi-ant; two into the hands of the Grand Exchequer ofthe Grand Titan; two into the hands of the GrandExchequer of the Grand Dragon, and the remainingfour into the hands of the Grand Exchequer of theGrand Wizard.
Sec. 2. A further source of revenue to the Empireshall be ten per cent. of all the revenue of theRealms, and a tax upon Realms, when the GrandWizard shall deem it necessary and indispensableto levy the same.
Sec. 3. A further source of revenue to Realmsshall be ten per cent. of all the revenue of Domin-ions, and a tax upon Dominions when the GrandDragon shall deem such tax necessary and indispen-sable.
Sec. 4. A further source of revenue to Domin-ions shall be ten per cent. of all the revenue of Pro-
vinces, and a tax upon Provinces when the GrandTitan shall deem such tax necessary and indispen-sable.
Sec. 5. A further source of revenue to Provincesshall be ten per cent. on all the revenue of Dens,and a tax upon the Dens, when the Grand Giantshall deem such tax necessary and indispensable.
Sec. 6. The source of revenue to Dens, shall bethe initiation fees, fines, and aper capitatax, when-ever the Grand Cyclops shall deem such tax indis-pensable to the interests and purposes of the *.
Sec. 7. All of the revenue obtained in the man-ner herein aforesaid, shall be for the exclusive ben-efit of the *. And shall be appropriated to thedissemination of the same, and to the creation of afund to meet any disbursement that it may becomenecessary to make to accomplish the objects of the*, and to secure the protection of the same.
Obligation.
Art. VIII.No one shall become a member ofthis *, unless he shall take the following oath orobligation:
"I, ———— of my own free will and accord, and inthe presence of Almighty God, do solemnly swearor affirm that I will never reveal to any one, not amember of the * * by any intimation, sign,symbol, word or act, or in any other manner what-ever, any of the secrets, signs, grips, pass words,mysteries or purposes of the * * or that I ama member of the same or that I know any one whoisa member, and that I will abide by the Prescriptand Edicts of the * *. So help me God."
Sec. 2. The preliminary obligation to be adminis-tered before the candidate for admission is takento the Grand Cyclops for examination, shall be asfollows:
"I do solemnly swear or affirm that I will never
reveal any thing that I may this day (or night)learn concerning the * *. So help me God."
Admission.
Art. IX.Sec. 1. No one shall be presented foradmission into this *, until he shall have beenrecommended by some friend or intimate, whoisamember, to the Investigating Committee, whichshall be composed of the Grand Cyclops, the GrandMagi and the Grand Monk, and who shall investi-gate his antecedents and his past and present stand-ing and connections, and if after such investigation,they pronounce him competent and worthy to becomea member, he may be admitted upon taking the ob-ligation required and passing through the ceremo-nies of initiation.Provided, That no one shall beadmitted into this * who shall have not attain-ed the age of eighteen years.
Sec. 2. No one shall become a member of a dis-tant * when there is a * established and inoperation in his own immediate vicinity. Norshall any one become a member of any * afterhe shall have been rejected by any other *.
Ensign.
Art. X.The Grand Banner of this * shall bein the form of an isosceles triangle, five feet longand three wide at the staff. The material shall beYellow, with a Red scalloped border, about threeinches in width. There shall be painted upon it,in black, a Dracovolans, or Flying Dragon[55]withthe following motto inscribed above the Dragon,
"Quod Semper, Quod Ubique, Quod ab Omnibus."[56]
Amendments.
Art. XI.This Prescript or any part or Edictsthereof, shall never be changed except by a two-
[55]See Webster's Unabridged Pictorial.[56]"What always, what every where, what by all is held to be true."
thirds vote of the Grand Dragons of the Realms, inConvention assembled, and at which Conventionthe Grand Wizard shall preside and be entitled to avote. And upon the application of a majority ofthe Grand Dragons, for that purpose, the GrandWizard shall appoint the time and place for saidConvention; which, when assembled, shall pro-ceed to make such modifications and amendments asit may think will advance the interest, enlarge theutility and more thoroughly effectuate the purpo-ses of the *.
Interdiction.
Art. XII.The origin, designs, mysteries andritual of this * shall never be written, but thesame shall be communicated orally.
Register.
1st—Dismal.2nd—Dark.3rd—Furious.4th—Portentous.5th—Wonderful.6th—Alarming.7th—Dreadful.8th—Terrible.9th—Horrible.10th—Melancholy.11th—Mournful.12th—Dying.III—White.II—Green.III—Blue.IV—Black.V—Yellow.VI—Crimson.VII—Purple.III1—Fearful.2—Startling.3—Awful.4—Woeful.5—Horrid.6—Bloody.7—Doleful.8—Sorrowful.9—Hideous.10—Frightful.11—Appalling.12—Last.
Edicts.
I. The Initiation Fee of this * shall be onedollar, to be paid when the candidate is initiatedand received into the *.
II. No member shall be allowed to take any in-toxicating spirits to any meeting of the *. Norshall any member be allowed to attend a meetingwhen intoxicated; and for every appearance at ameeting in such a condition, he shall be fined the
sum of not less than one nor more than five dollars,to go into the revenue of the *.
III. Any member may be expelled from the *by a majority vote of the officers and ghouls of theDen to which he belongs, and if after such expulsionsuch member shall assume any of the duties, rega-lia or insignia of the * or in any way claim to bea member of the same, he shall be severely punish-ed. His obligation of secrecy shall be as bindingupon him after expulsion as before, and for anyrevelation made by him thereafter, he shall be heldaccountable in the same manner as if he were thena member.
IV. Every Grand Cyclops shall read or cause tobe read, this Prescript and these Edicts to the *of his Den, at least once in every three months,—And shall read them to each new member when heis initiated, or present the same to him for person-al perusal.
V. Each Den may provide itself with the GrandBanner of the *.
VI. The *s of Dens may make such addition-al Edicts for their control and government as theyshall deem requisite and necessary.Provided,No Edict shall be made to conflict with any of the pro-visions or Edicts of this Prescript.
VII. The strictest and most rigid secrecy, con-cerning any and everything that relates to the *shall at all times be maintained.
VIII. Any member who shall reveal or betray thesecrets or purposes of this * shall suffer the ex-treme penalty of the Law.
Hush, thou art not to utter whatI am. Bethink thee; it was our covenant.I said that I would see thee once again.
L' Envoi.
To the lovers of Law and Order, Peace and Jus-tice, we send greeting; and to the shades ofthe venerated Dead, we affectionately dedicate the * *
Transcription of Appendix I