The news of the affair, as was to have been expected, spread rapidly, and as great excitement ensued, J., feeling the insecurity of his position, fled by steamer to Memphis, at the same time counselling the negroes to place themselves under the protection of the authorities. Troy, the seat of justice of Obion, was distant from the scene of rencontre about twenty miles, and thither, at an early hour of the day, the negroes, adopting by-paths and unfrequented routes, turned their steps. But despite the precautions against discovery which they adopted, their movements were closely spied, and before they had proceeded many miles a large force of their enemies was in pursuit. Riding at a break-neck speed, the pursuing party gained on them rapidly, and as they kept out flankers, in order that none of the party might be overran and thus suffered to escape, ten of the refugees were overtaken and put to death ere the raiders were warned that they were trespassing too far on neutral territory.
Eight of the eighteen succeeded in reaching Troy, and at their request were placed in jail, and a strong guard detailed for their protection. Even these extraordinary precautions, however, proved unavailing, and on the first night of their incarceration a large force of disguised men invested the prison, and having intimidated the guard, carried them away prisoners. Further than this, no report has ever been given of the affair, but it may be guessed, with tolerable assurance, that they shared the fate of their companions.
This affair created a profound sensation throughout the entire country, and to it, as much as any other single deed of the night-riders, are due those prompt measures on the part of the general and State governments which operated as such an emphatic check on their movements. Soon after this the Congress of the United States passed a law virtually outlawing the body; and later, in view of certain phases of the subject which best adapted it to the special legislation of which they were capable, relegated the question to the State governments, reserving only the right to adjudicate such causes where States were indisposed to afford their citizens adequate protection.
CHAPTER XIII.
KU-KLUX LAW.
Any person, under color of law, etc., of any State, depriving another of any rights, etc., secured by the Constitution of the United States, made liable to the party injured, 7034—Penalty for conspiring, by force, to put down the government of the United States, etc., 7035—Conspirator’s doing, etc., any act in furtherance of the object of the conspiracy, and injuring another, liable to damages therefor, 7035—What to be deemed a denial by any State to any class of its people of their equal protection under the laws, 7036—What unlawful combination to be deemed a rebellion against the government of the United States (obsolete), 7037—Certain persons not to be jurors in certain cases, 7038—Jurors to take oath; false swearing, in taking this oath, to be perjury, 7038—Any person knowing that certain wrongs are about to be done, and having power to prevent, etc., neglects so to do, and any such wrong is done, is made liable for all damages caused thereby, 7039.
Act of the Congress of the United States. An Act to enforce the provisions of the Fourteenth Amendment to the Constitution of the United States, and for other purposes.
Art. 7034. [1.] Any person, who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject, or cause to be subjected, any person within the jurisdiction of the United States, to the deprivation of any rights, privileges, or immunities, secured by the Constitution of the United States, shall, any such law, statute, ordinance, regulation, custom, or usage of the State to the contrary, notwithstanding, be liable to the party injured in any action at law, suit in equity, or other proceeding for redress; such proceeding to be prosecuted in the several district or circuit courts of the United States, with, and subject to the same rights of appeal, review upon error, and other remedies provided in like cases, in such courts under the provisions of the Act of the 9th of April, eighteen hundred and sixty-six, entitled “An Act to protect all persons in the United States in their civil rights, and to furnish the means of their vindication,” and the other remedial laws of the United States which are, in their nature, applicable in such cases.