Ku Klux Klan Violence and the Problem of Evidence

Abstract This article offers a forensic analysis of one key archive of sexual violence: The official record of a congressional investigation of the Ku Klux Klan and federal trials of Klan members in the years immediately after the American Civil War. The 13 volumes constitute the single most important source of victim testimony on white supremacist violence and are used widely by historians. It also presents daunting problems of interpretation particularly with respect to sexual violence. This analysis challenges historians’ traditional accounts of the Klan as overly reliant on the Republican party narrative that it constituted the terrorist arm of the Democratic party intent on suppressing black men’s new constitutional right to vote. As I argue here, the Klan’s campaign of terror aimed at something far more, as the routine deployment of sexual violence against women reveals. Sexual regulation was the very core of white supremacy. The representation of the Klan in the official record—its signature acts, motives, and victims—was shaped not by the patterns of the violence itself but by the objectives of the investigation in the battle over public opinion and political strategy. In time and place, I argue, the narrow framing of Klan violence around electoral politics involved real costs to black women victims of the Klan with respect to the protection of their civil and political—or human—rights.

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Publication Details

Journal
Law and History Review
Published
2025-05-01
DOI
https://doi.org/10.1017/s0738248025101065
Primary Topic
Race, History, and American Society
Type
article
Field-Weighted Citation Impact
0.00
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article

Ku Klux Klan Violence and the Problem of Evidence

Stephanie McCurry
Law and History Review
Race, History, and American Society
article

Ku Klux Klan Violence and the Problem of Evidence

Stephanie McCurry
article en

Abstract

Abstract This article offers a forensic analysis of one key archive of sexual violence: The official record of a congressional investigation of the Ku Klux Klan and federal trials of Klan members in the years immediately after the American Civil War. The 13 volumes constitute the single most important source of victim testimony on white supremacist violence and are used widely by historians. It also presents daunting problems of interpretation particularly with respect to sexual violence. This analysis challenges historians’ traditional accounts of the Klan as overly reliant on the Republican party narrative that it constituted the terrorist arm of the Democratic party intent on suppressing black men’s new constitutional right to vote. As I argue here, the Klan’s campaign of terror aimed at something far more, as the routine deployment of sexual violence against women reveals. Sexual regulation was the very core of white supremacy. The representation of the Klan in the official record—its signature acts, motives, and victims—was shaped not by the patterns of the violence itself but by the objectives of the investigation in the battle over public opinion and political strategy. In time and place, I argue, the narrow framing of Klan violence around electoral politics involved real costs to black women victims of the Klan with respect to the protection of their civil and political—or human—rights.

Law and History ReviewVol. 43(2)
Columbia University (US)
Openalex Percentile: Top 60%
Race, History, and American Society
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