When congress met for its forty-second session in 1871, the cross bones and skull and coffin with which the Ku-Klux were marking their threats had become the symbols of terrorism in the south. So grave was the situation that speakers on the floor of the house, when the session opened, classed the conspiracy of the Klan "less formidable, but not less dangerous to American liberty" than the just-ended war of the rebellion. They charged that as well as binding its members to execute crimes against its opponents in the social-political life of the south, it protected them against conviction and punishment by perjury on the witness stand and in the jury box. Representatives asked why, of all offenders, not one had been convicted.

PRESIDENT URGES ACTION

On March 23, 1871, President Grant sent a message to both houses in which he recommended that all other business be postponed until the Klan was made subservient to the flag.

"A condition of affairs now exists in some of the states of the Union rendering life and property insecure and the carrying of the mails and the collection of revenue dangerous," his message said. "The proof that such a condition of affairs exists in some localities is now before the senate. That the power to correct these evils is beyond the control of the senate authorities I do not doubt; that the power of the executive of the United States, acting within the limits of existing laws is sufficient for present emergencies, is not clear. Therefore, I urgently recommend such legislation as in the judgment of congress shall effectually secure, life, liberty and property and the enforcement of law in all parts of the United States. It may be expedient to provide that such law as shall be passed in pursuance of this recommendation shall expire at the end of the next session of congress. There is no other subject on which I would recommend legislation during the present session."

"FORCE BILL AT DISPOSAL"

The law which was at the disposal of President Harding was popularly known as "the Force bill." Under congressional passage it was entitled "An act to enforce the Fourteenth amendment of the constitution of the United States and for other purposes." President Grant approved it April 20, 1871.

It is aimed at two or more persons who conspire to use force and intimidation "outside the law." It forbids them to go in disguise along a public highway or upon the premises of another person for the purpose, either directly or indirectly, of depriving that person of equal privileges under the law. Punishment for the offense may be imprisonment from six months to six years, a fine not less than $500, nor more than $5,000, or both.

The act took particular action against the practice of the Klanists of protecting each other in court. It provides that every man called for service on a jury in a Klan case shall take oath in open court that he is not a member of nor has ever aided or advised any such "unlawful, combination or conspiracy."

DISGUISE IS BARRED

That individual was declared a violator of the law who shall "go in disguise upon the public highway or upon the premises of another for the purpose, either directly or indirectly, of depriving any person or class of persons of the equal protection of the laws, or of equal privileges or immunities under the laws, or by force, intimidation or threat to prevent any citizen lawfully entitled to vote from giving his support or advocacy in a lawful manner toward the election of any lawfully qualified person for office."