Intolerable and Inexcusable Acts that and All that Made them Excusable…
On July 10th, 1906, T.W. Gregory of Austin, Texas delivered a paper before the Arkansas and Texas Bar Associations entitled, Reconstruction and the Ku Klux Klan. His opening comments defined the Ku Klux Klan as the “Invisible Empire,” springing up overnight as a dark ephemeral shadow government fielding its own army of 100,000 men bent on carrying out its bidding. He described this Invisible Empire as one that “passed laws without Legislatures, tried men without courts, and inflicted penalties, sometimes capital ones, without the benefit of clergy.” It defied state and national authorities with impunity and its every act, according to Gregory, was “in defiance of the established order and the spirit and letter of our institutions.” Indeed, the acts of cruelty and oppression committed by The Invisible Empire (in addition to those committed in its name by others with dubious connection to the Klan) were both intolerable and inexcusable.
Intolerable and inexcusable as the acts of the Ku Klux Klan were, Gregory was thoroughly convinced that, given the conditions of the South between 1866 and 1872, hardly any man assembled to hear his paper “would have been other than a Ku Klux or Ku Klux sympathizer.” Academically speaking, Gregory stated that no one in their right mind could approve of the Klan as an organization. But, given that the Klan was comprised of individuals hard pressed by the conditions in which they found themselves, the Klan took on the mantle of something more than a simple organization. The Klan became a collective of individuals, a movement that assumed the “dignity of a revolution, the protest of proud and despairing race against conditions not to be endured…desperate men, challenging fate, and swearing that life, liberty, and the pursuit of happiness should be theirs and their children’s at any cost.”
Gregory concluded that Reconstruction created an unconstitutional vacuum of liberty in the South. Four misfortunes sucked liberty from the post-rebellion South. The first misfortune was the assassination of Lincoln along with his generously kind plan of Reconstruction for the South. The hatred and venom “unsurpassed” directed by Republicans and Southerners alike at Andrew Johnson whose political career was “as a matter of fact” marked by “honesty and consistency,” was the second misfortune that befell the South. According to Gregory, Johnson was “endowed with such a faculty for doing the right thing in the wrong way.” When it came to reforming the Union, Johnson was like a bull in a china shop. The third misfortune was the passage of the Freedmen’s Bureau Bill which removed from the Southern states the right to regulate freedmen as they saw fit and entrusted it into the hands of the War Department. The Freedmen’s Bureau Bill, in the eyes of many white men in the South, was an intrusive attempt to disorder the inherent and necessary racial stratification of Southern society with blacks on the bottom. Finally, the Reconstruction Acts suspended the constitutional rights of Southern states and their white inhabitants by unconstutionally imposing military rule over them.
Ultimately, according to Gregory, these misfortunes allowed for the disenfranchisement of “substantially all of the intelligent class of the South.” Thus, into the vacuum came freedmen, who, Gregory was careful to point out, were mostly illiterate, and now comprised almost the entire electorate. To make matters worse, Northern carpetbaggers and Southern Scalawags (who were “composed almost exclusively of the very scum of creation) controlled the black vote. Insofar as Johnson was unable to check Congress, and the Supreme Court unwilling to act as the “bulwark against unconstitutional legislation and executive tyranny” as intended by the founding fathers. Gregory wrote that, by 1867, “it seemed that every remedy had tried in vain and the limit of endurance reached.”
The Ku Klux Klan: Defenders of The Constitution and Freedom…
At the halfway point of his paper Gregory quotes Woodrow Wilson’s History of the American People to set the scene for a full throated apologetic diatribe regarding the Klan:
“The white men of the South were aroused by the very instinct of self-preservation to rid themselves, by fair means or foul, of the intolerable burden of government sustained by the votes of ignorant negroes and conducted in the interests of adventurers…There was no place of open action or of constitutional agitation, under the terms of reconstruction, for the men who were there real leaders of the Southern communities…They could act only by private combination, by private means, as a force outside of the government, hostile to it, proscribed by it, of whom opposition and bitter resistance was expected, and expected with defiance.”
It was simply unbearable to be treated like some vanquished enemy fully at the whim of their conqueror. But, just when all seemed lost, “fate had prepared a potent weapon, and at the critical moment thrust it into the hands of these desperate and despairing men.”
Where Gregory begins his apologetic description of the Klan is important. He reminded his listeners that at the heart of the story of the Klan is just a small group of young, professional men in Tennessee with time on their hands who formed a secret fraternal organization whose only purpose was to “mystify outsiders and have fun.” Essentially, according to Gregory, for the first year of the Klan’s existence it was not much more than the Kappa’s throwing a raging invitation only kegger while wearing scary looking robes and chanting creepy sounding incantations in barely visible locations. Yet, as new chapters, or “Dens,” sprang up all over the South, members of the Klan began to come to the realization that their goal of mystifying outsiders was having an unexpected side effect: it gave the Klan “amazing influence of the unknown over the minds and actions of men.” Soon members of the Klan shifted their purpose away from a great social prank to the idea that a “great mission awaited the movement.”
The great mission was to take up the banner of the Constitution which existed to protect the weak, the defenseless, and the decent. Of course, this was based on Southern white men’s understanding of what “constitutional” meant, as well as who was “defenseless” or “weak.” The salient point here is that the Klan viewed the carpetbaggers, scalawags, and freedpersons as the true threats to constitutionality and decent people. This was an important principle which underlay the Klan’s purpose for existence: for the defeated South, Constitutionality took on a spiritual immutable epistemology that had nothing to do with the government empowered by the Constitution. As the misfortunes that befell the South during Reconstruction robbed it of its constitutional rights, there were men who would keep the spirit of the Constitution, as they understood it, alive until such time as constitutionality in governmental form could be restored to the Southern states.
In the end, Gregory reiterates that though he does not condone the crimes and excesses of the Klan, the ends and accomplishments of the Ku Klux Klan fully justified its existence as a movement. Even though the Klan was extra-judicial and acted outside constitutional boundaries, it was a more agreeable than the perceived form of extra-judicial, unconstitutional action imposed upon the South by the Northern states. In reality, Gregory is not describing a battle to protect constitutional rights as much as he is describing a battle to deprive constitutional rights. If the acts of the Klan could not be condoned, they could be excused in light of their targets.
In Case You Thought This Kind of Thinking Was Dead and Gone…
For a brief time after the end of major hostilities in the Civil War, Southern whites believed life would return to normal, save they no longer legally owned slaves. It would not be long before the horrors of the war faded into memory and things would go back to what they were before. For Southern whites, Congressional Reconstruction put that dream despairingly on hold. The Ku Klux Klan was the bearer of the banner that things could be great again. More than a banner holder, they were motivated to action by that banner.
I read this document two weeks ago at DeGoyler Library at SMU. Though we have seen a uptick in overt and covert racist demonstrations in the last few years, in those two weeks I have repeatedly come across the very ideas Gregory puts forth in this paper he delivered in 1906, some one-hundred and six years ago. Last week I drove past a man selling dozens of racist flags on the side of the road. This weekend in Hilsborough, North Carolina, Klan members rallied in public outside a courthouse in full regalia. And yet, Gregory’s maxim continues to hold true. Most self-respecting white southerners would never put on a robe and hold a banner in public. The Klan is repugnant, a bunch of violent fringe extremists. But, for white southerners racism, isn’t the problem: their problem is that they believe the government is creating an environment where white people’s constitutional rights are threatened in the name of justice and righting wrongs of the past. This is not a matter of remembering the past so we don’t make the same mistakes today or in the future. This is a continuation of what has always been in our country.
Gregory ended his talk with an ominous threat for those in the future who might try and disturb white hegemony again:
“The Ku Klux machine has been stored away in the Battle Abbey of the Nation, as obsolete, we trust, as the causes which produced it; it will stand there for all time as a reminder how useless the prostitution of forms of law in an effort to do that which is essentially unlawful; but it will also remain an eternal suggestion to the vigilance committee and the regulator.”
 Thomas Watt Gregory. Reconstruction and the Ku Klux Klan : a Paper Read before the Arkansas and Texas Bar Associations, July 10, 1906 / by Mr. T.W. Gregory. Austin, Tex: s.n., 1906.; T.W. Gregory graduated from the University of Texas with a Law Degree, was a member of the Board of Regents of the University of Texas, a Trustee for Austin Presbyterian Theological Seminary, and was actively involved in the UT Ex-Students Association serving as head from 1926-1928. He served as Attorney General of the United States under Woodrow Wilson and was active in state and national Democratic politics.
 Gregory, Reconstruction and the Ku Klux Klan, p 2.
 Gregory, at one point in his paper differentiated between a revolution and a rebellion, noting that a “revolution is a rebellion which succeeds, while a rebellion is a revolution which fails.” p. 3. So, while in his estimation the KKK movement was a revolution, by his same logic the Southern cause was a rebellion.
 Gregory, 4.
 Ibid, 5.
 Richard White, The Republic for Which It Stands: the United States During Reconstruction and the Gilded Age, 1865-1896 (New York, NY: Oxford University Press, 2017), 50.
 Gregory, 6.
 Ibid, 7-8.
 Ibid, 11.
 Ibid, 11.
 It is fair to note that there was a certain whiplash to the treatment of the South during Reconstruction due to the competing understandings and goals of Reconstruction between Johnson and Congress, and even within Congress. The everyday lesson here is, if you have a petulant child, both parents have to be on board or it just makes everything worse. For more on Reconstruction see Negro Militia and Reconstruction by Otis Singletary and This Republic For Which It Stands: The United States and the Guilded Age 1865-1896 by Richard White.
 Gregory, Ibid, 11.
 Ibid, 12.
 Ibid. 13.
 The Klan held an organizing convention in Nashville, TN in 1867 and adopted three (painfully ironic) points of action:
- To protect the weak, the innocent, and the defenseless from the indignities, wrongs, and outrages of the lawless, the violent, and the brutal; to relieve the injured and the oppressed; to succor the suffering and the unfortunate, and especially the widows and orphans of Confederate soldiers
- To protect and defend the Constitution of the United States, and all laws passed in conformity thereto, and to protect the States and people thereof from all invasion from any source whatever.
- To aid and assist in the execution of all constitutional laws, and to protect the people from unlawful seizure, and from trial, except by their peers, in conformity with the laws of the land..
 Ibid, 21; Though earlier he goes out of his way to show that 90% of the time the Klan used what he described as the ignorance and superstitious nature of freedmen and poor whites to simply scare them into falling in line, but if and when they did use deadly force they gave their victims at least a days warning to leave.
 Ibid, 22.