USA > Tennessee > Williamson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 59
USA > Tennessee > Maury County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 59
USA > Tennessee > Rutherford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 59
USA > Tennessee > Wilson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 59
USA > Tennessee > Bedford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 59
USA > Tennessee > Marshall County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 59
USA > Tennessee > History of Tennessee from the earliest time to the present , together with an historical and a biographical sketch of from twenty-five to thirty counties of east Tennessee, besides a valuable fund of notes, original observations, reminiscences, etc., etc. V. 1 > Part 59
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with all its accompanying horrors, and, therefore, could not remain neu- tral, engaged in the arts of peace. In this emergency Gov. Harris de- termined to convene the Legislature, and accordingly issued the following proclamation:
WHEREAS, An alarming and dangerous usurpation of power by the President of the United States has precipitated a state of war between the sovereign States of America,
Therefore, I, Isham G. Harris, governor of the State of Tennessee, by virtue of the power and authority in me vested by the constitution, do hereby require the senators and representatives of the two houses of the General Assembly of said State to convene at the Capitol in Nashville on the 25th of April, inst., 1861, at 12 o'clock, MI., to legislate upon such subjects as may then be submitted to them.
In testimony whereof I have hereunto set my hand and caused the great seal of the State to be affixed at the department at Nashville on this the 18th day of -April, A. D. 1861. ISHAM G. HARRIS.
On the 16th of April Gen. Cheatham, of the Second Division of Ten- nessee Militia, called for reports from all the organizations under his command to be made instanter. On the 18th Gideon J. Pillow issued an address to the "Freemen of Tennessee to organize rapidly to pro- tect the State, its 'beauty and booty' from Northern vandalism, and the depopulating ravages of war," and asked such organizations to report promptly to Gen. Cheatham. A similar call was made at Memphis and in other portions of the State. At this time a majority of the people of Tennessee needed no encouragement to continue the formation of militia companies and regiments, to arm and otherwise equip themselves to re- pel an invasion of the State, and to thoroughly fit themselves for the art of war. In this course they were enthusiastically and loyally supported by the press, the church, the leading citizens and the Executive. The most serious drawback was the want of serviceable arms. It is singular, but true, that from private sources the State drew the greater portion of her first supplies of arms. Under the stern pressure of the times the volunteer militia were required to bring from their homes their flint-lock muskets, their squirrel rifles, their percussion guns, their shot-guns, their pistols, or any other firearms that could be used with effect in dealing death unsparingly to an invading foe. By the 26th of April sixteen companies were stationed at Nashville, engaged in drilling and other military preparations, and nearly as many more were assembled at Mem- phis. East Tennessee, through the influence of William G. Brownlow, Andrew Johnson, Thomas A. R. Nelson, Horace Maynard and others, and by reason of its lack of slave population, supported the Federal Govern- ment by a large majority, though even there volunteers for the Southern cause were not wanting. Late in April there was established at Nash- ville, Memphis, Jackson, Columbia and other cities, mainly through the loyalty of the ladies to the Southern cause, "Bureaus of Military Sup-
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plies," where contributions of money, blankets, clothing, provisions and any necessary supplies for field or hospital were received. In all direc- tions the stern and stirring preparations of a nation at war were steadily and rapidly advanced.
The Legislature convened on the 25th of April and determined to hold a secret session. The Governor in his message said that as the President of the United States had "wantonly inaugurated an internecine war upon the people of the slave and non-slave-holding States, "etc., he would therefore "respectfully recommend the perfecting of an ordinance by the General Assembly formally declaring the independence of the State of Tennessee of the Federal Union, renouncing its authority and reassuming each and every function belonging to a separate sovereignty; and that said ordinance, when it shall have been thus perfected by the Legislature, shall at the earliest practicable time be submitted to a vote of the people to be by them adopted or rejected." He also advised such legislation as would put the State on a war footing-the raising of a vol- nnteer force for immediate service and the perfect organization of the militia, the appropriation of a sufficient amount to provision and main- tain such force, and the establishment of a military board. He also announced that since the last session of the Legislature 1,400 rifled mus- kets had been received by the keeper of public arms. By act of the Legislature, April 27, the Governor was authorized to have organized all the regiments that were tendered him; and his refusal to furnish volun- teers under the call of the Federal Government was cordially approved. On the 1st of May the Legislature passed a joint resolution authorizing the Governor to appoint three commissioners to meet representatives of the Confederate Government in convention at Nashville, May 7, 1861, to enter into a league, military and otherwise, between the State and such Government; whereupon Gov. Harris appointed Gustavus A Henry, of Montgomery County; Archibald O. W. Totten, of Madison County, and Washington Barrow, of Davidson County such commissioners. On the 30th of April the Confederate commissioner, Henry W. Hilliard, addressed the General Assembly on the subject of the league between the two gov- ernments and his address was ordered printed. May 1 the Governor was directed to open a correspondence with the governor of Illinois to demand of him the restitution of the cargo of the steamer "C. E. Hillman," which had been seized by the Federal troops at Cairo. He was also directed to station suitable guards at all the leading railroad depots and bridges of the State. April 26 there were appointed a joint select com- mittee on Federal relations, a joint select committee on military affairs and a committee on ways and means. There were also incorporated at
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this session the Powell River Lead Mining Company, the Bumpass Cove Lead Mining Company, the Hickman County Saltpeter Company, the Confederate Paper-Mill Company in Shelby County, the Nashville Gun Factory and the Memphis Arms Company. By the 4th of May there were stationed in West Tennessee, mainly at Memphis and Jackson, thirty-nine companies of infantry, two companies of cavalry, two companies of artil- lery and one company of sappers and miners .* On the 6th of May the following bill was passed:
AN ACT TO SUBMIT TO A VOTE OF THE PEOPLE A DECLARATION OF INDEPENDENCE AND FOR OTHER PURPOSES.
SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That im- mediately after the passage of this act the governor of this State shall, by proclamation, direct the sheriffs of the several counties in this State to open and hold an election at the various voting precincts in their respective counties, on the 8th day of June, 1861. That said sheriffs, or in the absence of the sheriffs, the coroner of the county shall immediately advertise the election contemplated by this act. That said sheriff's appoint a deputy to hold said election for each voting precinct. And that said deputy appoint three judges and two clerks for each precinct, and if no officer shall from any cause, attend any voting precinct to open and hold said election, then any justice of the peace, or in the absence of a justice of the peace, any respectable freeholder may appoint an officer, judges and clerks to open and hold said election; said officers, judges and clerks shall be sworn as now required by law, and who, after being so sworn, shall open and hold an election, open and close at the time of day, and in the manner now required by law in elections for members to the General Assembly.
SEC. 2. Be it further enacted, That at said election the following declaration shall be submitted to a vote of the qualified voters of the State of Tennessee, for their ratification or rejection:
DECLARATION OF INDEPENDENCE AND ORDINANCE DISSOLVING THE FEDERAL RELATIONS BETWEEN THE STATE OF TENNESSEE AND THE UNITED STATES OF AMERICA.
First, We, the people of the State of Tennessee, waiving any expression of opinion as to the abstract doctrine of secession, but asserting the right as a free and independent people, to alter, reform or abolish our form of government in such manner as we think proper, do ordain and declare that all the laws and ordinances by which the State of Tennessee became a member of the Federal Union of the United States of America are hereby abrogated and annulled, and that all obligations on our part be withdrawn therefrom; and we do hereby resume all the rights, functions and powers which by any of said laws and ordinances were conveyed to the Government of the United States, and absolve ourselves from all the obligations, restraints and duties incurred thereto; and do hereby henceforth become a free, sovereign and independent State.
Second, We furthermore declare and ordain that Article X, Sections 1. and 2 of the constitution of the State of Tennessee, which requires members of the General Assembly, and all officers, civil and military, to take an oath to support the Constitution of the United States (be and the same are hereby abrogated and annulled, and all parts of the Constitution of the State of Tennessee, making citizenship of the United States a qualifi- cation for office, and recognizing the Constitution of the United States) as the supreme law of the State, are in like manner abrogated and annulled.
Third, We furthermore ordain and declare that all rights acquired and vested under the Constitution of the United States, or under any act of Congress passed in pursuance thereof, or under any laws of this State and not incompatible with this ordinance, shall remain in force and have the same effect as if this ordinance had not been passed.
*Report of Gen. S. R. Anderson, who, April 26, 1861, had been appointed by Gov. Harris to oversee the organization of the volunteer militia forces of West Tennessee.
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SEC. 3. Be it further enacted, That said election shall be by ballot; that those voting for the declaration and ordinance shall have written or printed on their ballots "Separa- tion," and those voting against it shall have written or printed on their ballots "No Sepa- ration." That the clerks holding said election shall keep regular scrolls of the voters, as now required by law in the election of members to the General Assembly; that the clerks and judges shall certify the same with the number of votes for "Separation" and the number of votes "No Separation." The officer holding the election shall return the same to the sheriff of the county, at the county seat, on the Monday next after the elec- tion. The sheriff shall immediately make out, certify and send to the governor the num- ber of votes polled, and the number of votes for "Separation" and the number "No Sep- aration," and file one of the original scrolls with the clerk of the county court; that upon comparing the vote by the governer in the office of the secretary of State, which shall be at least by the 24th day of June, 1861-and may be sooner if the returns are all received by the governor-if a majority of the votes polled shall be for "Separation" the governor shall by his proclamation make it known and declare all connection by the State of Ten- nessee with the Federal Union dissolved, and that Tennessee is a free, independent gov- ernment, free from all obligations to or connection with the Federal Government; and that the governor shall cause the vote by counties to be published, the number for "Sepa- ration" and the number "No Separation," whether a majority votes for "Separation" or "No Separation."
SEC. 4. Be it further enacted, That in the election to be held under the provisions of this act upon the declaration submitted to the people, all volunteers and other persons connected with the service of the State, qualified to vote for members of the Legislature in the counties where they reside, shall be entitled to vote in any county in the State where they may be in active service, or under orders, or on parole at the time of said 'election; and all other voters shall vote in the county where they reside, as now required by law in voting for members to the General Assembly.
SEC. 5. Be it further enacted, That at the same time and under the rules and regula- tions prescribed for the election herein before ordered, the following ordinance shall be submitted to the popular vote, to wit:
AN ORDINANCE FOR THE ADOPTION OF THE CONSTITUTION OF THE PROVISIONAL GOVERN- MENT OF THE CONFEDERATE STATES OF AMERICA.
We, the people of Tennessee, solemnly impressed by the perils which surround us, do hereby adopt and ratify the constitution of the provisional government of the Confed- erate States of America, ordained and established at Montgomery, Ala., on the 8th day of February, 1861, to be in force during the existence thereof, or until such time as we may supersede it by the adoption of a permanent constitution.
SEC. 6. Be it further enacted, That those in favor of the adoption of said provisional constitution and thereby securing to Tennessee equal representation in the deliberations and councils of the Confederate States shall have written or printed on their ballots the word "Representation," those opposed the words""No Representation."
SEC. 7. Be it further enacted. That in the event the people shall adopt the constitu- tion of the provisional government of the Confederate States at the election herein or- dered, it shall be the duty of the governor forthwith to issue writs of election for dele- gates to represent the State of" Tennessee in the said provisional government. That the State shall be represented by as many delegates as it was entitled to members of Congress to the recent Congress of the United States of America. who shall be elected from the several congressional districts as now established by law, in the mode and manner now prescribed for the election of members to the Congress of the United States.
SEC. S. Be it further enacted, That this act take effect from and after its passage.
W. C. WHITTHORNE, Speaker of the House of Representatives. B. L. STOVALL, Speaker of the Senate.
Passed May 6, 1861.
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HISTORY OF TENNESSEE.
The following military bill was also passed:
AN ACT TO RAISE, ORGANIZE AND EQUIP A PROVISIONAL FORCE AND FOR OTHER PURPOSES.
SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall bethe duty of the governor of the State to raise, organize and equip a provisional force of vol- unteers for the defense of the State, to consist of 55,000 volunteers, 25,000 of whom, or any less number which the wants of the service may demand, shall be fitted for the field at the earliest practicable moment, and the remainder of which shall be held in reserve, ready to march at short notice. And should it become necessary for the safety of the State, the governor may call out the whole available military strength of the State.
SEC. 2. Be it further enacted, That in the performance of this duty, the governor shall take charge of the military, direct the military defense of the State, organize the different arms, and with the concurrence of the military and financial board, hereinafter provided for, control the military fund, make contracts for arms, ordnance, ordnance stores, pro- cure material for the construction of arms, employ artificers, organize one or more armor- ies for the construction of arms, and do all other things necessary for the speedy and effi- cient organization of a force adequate for the public safety. And he shall organize a military and financial board, to consist of three persons of which he shall be ex officio president, and who shall discharge such duties as he may assign them in effecting the ob- jects and purposes of this act, and appoint such number of clerks as may be necessary under such rules and regulations as they may adopt.
SEC. 3. Be it further enacted, That the force provided for by this act, shall be organ- ized into regiments, brigades and divisions, and the whole to be commanded by the senior major-general, who shall immediately enter upon the duty of organizing the entire force for the field, the force authorized by this act, shall be mustered into service for the pe- riod of twelve months, unless sooner discharged.
SEC. 4. Be it further enacted, That the staff of said force shall consist of one adju- tant-general, one inspector-general, one paymaster-general, one commissary-general, one quartermaster-general and one surgeon-general with such number of assistants of each as the wants of the service may require; and that the rank of quartermaster-general, inspec- tor-general, adjutant-general and commissary-general shall be that of colonel of cavalry, and the rank of their assistants shall be that of lieutenant-colonel and major of infantry and captain of cavalry, all of whom shall be appointed by the governor, subject to the confirmation of the General Assembly in joint session; Provided, That the governor may fill vacancies in said offices, occurring when the Legislature may not be in session, and the appointees shall at once enter upon the discharge of their duties, subject to the con- firmation of the Legislature when thereafter in session. There shall likewise be appointed by the governor, subject to like confirmation, one ordnance officer, with the rank of col- onel of infantry, who shall take charge of the ordnance bureau of the State, direct the construction of arms, under the governor and military and finance board, receive or reject the same, certify the fulfillment of contracts, and have the general supervision of the arm- ory of the State, with such assistants as the service may require, not exceeding three, who shall have the rank and pay of captain of infantry. The members of the military and financial board shall be nominated by the governor and confirmed bythe General Assembly.
SEC. 5. Be it further enacted, That there shall be organized by the governor, a med- ical department, consisting of the surgeon-general, and two other surgeons, the members of which department shall be nominated by the governor and confirmed by the General Assembly, who shall examine all applicants for surgeon and assistant surgeon, and certify their qualifications to the governor for commission in said service, and which department shall be subject to field service as other surgeons of the army. And the said department are hereby directed, other things being equal, to recommend from volunteer forces such regimental surgeons and assistants as the service may require.
SEC. 6. Be it further enacted, That there shall be two major-generals, and such number of brigadier-generals as the proper and efficient command of said force may re- quire, who shall be nominated by the governor and confirmed by the General Assembly,
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with power to appoint their own staff; and a chief of engineers with such assistants as the service may require, to be nominated and confirmed in the same manner.
SEC. 7. Be it further enacted, That the senior major-general shall immediately enter upon the duty of organizing the whole force for the field.
SEC. 8. Be it further enacted, That the governor be authorized to determine the field of duty which the safety of the State may require, and direct said forces accordingly.
SEC. 9. Be it further enacted, That for the purpose of carrying out the provisions of this act, the governor of the State is hereby authorized to issue and dispose of five million dollars of the bonds of the State of Tennessee, similar in all respects to the bonds of the State heretofore issued, except that they shall not have more than ten years to run for maturity, and bear interest at the rate of eight per cent per annum, payable semi-annually at such point as may be therein designated; Provided, That three millions of said bonds shall be held as a contingent reserve fund. and not used unless in the opinion of the governor, by and with the concurrence and advice of the military and financial board, the exigencies of the service and the public safety imperatively demand it; and said bonds shall be in denomina- tion of not less than one hundred, or greater than one thousand dollars.
SEC. 10. Beit further enacted, That the public faith and credit of the State is hereby pledged for the payment of the interest on said bonds and the final redemption of the same; and that an annual tax of eight cents on the one hundred dollars on the property, and one-half cent upon the dollar on the sales of merchandise or invoice cost, whether bought in or out of the State of Tennessee, which said one-half of one per cent is to be in lieu of the one-fourth of one per cent now levied, be assessed and set apart. and held sacred for the payment of the interest on said bonds, and the creation of a sinking fund for their final redemption; Provided, that no more of said tax than is sufficient to pay the interest on said bonds shall be collected, until the expiration of two years from the issuance of the same, and that the whole amount of said sinking fund shall from time to time, as the same may accumulate, be used by the governor in the purshase of said bonds; Provided, They can be had at a price not exceeding par rates.
SEC. 11. Be it further enacted, That banks and branches purchasing said bonds from the governor, shall have the privilege of classing the bonds so purchased, in the classifica- tion of their assets, as specie funds; and that the banks of the State are hereby authorized to invest their means in said bonds; Provided, That the State shall have the right to pay said bonds so purchased and held by said banks in their own notes; and individuals own- ing said bonds, having purchased the same previously of the State, shall hold the same free from taxation, either State, county, or otherwise.
SEC. 12. Be it further enacted, That in order to save expenses, so much of the act of the late extra session of the Legislature, as requires the supervisor to make monthly pub- lications of bank movements, be, and the same is hereby repealed.
SEC. 13. Be it further enacted. That when peace shall be restored to the country, or the present danger pass away, that the governor of the State, or other rightful authority, under which said force may be at the time acting, shall issue a proclamation declaring the fact, and shall thereafter discharge the forces raised under this act, and from and after which this act shall cease to be in force.
SEC. 14. Be it further enacted, That the county courts of this State are empowered to assess and collect a tax on property and privileges in their respective counties; to provide a fund for the relief and support of families of volunteers whilst in actual service. when. from affliction or indigence, it may be necessary; Provided, That the said fund thus raised shall, in all cases, be expended for the benefit of the families of volunteers residing in the county where the same is raised; and the revenue collector, for collecting said tax, shall 'receive no compensation-and the same shall be paid by him, under order of the county court, to the persons to whom the same may be appropriated.
SEC. 15. Be it further enacted, That the county courts be authorized to issue county scrip anticipating the tax necessary in effecting the objects of the preceding section.
SEC. 16. Be it further enacted, That the county courts of this State are authorized and empowered to appoint and raise semi-annually a home guard of minute men, whose
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term of service shall be three months, in their respective limits, to consist of companies of not less than ten for each civil district, whose officers, when elected by the companies re- spectively, shall be commissioned by the county courts, and whose duty it shall be to pro- cure a warrant from some justice of the peace, and arrest all suspected persons, and bring them before the civil authorities for trial; to see that all slaves are disarmed; to prevent the assemblages of slaves in unusual numbers; to keep the slave population in proper sub- jection, and to see that peace and order is observed. The Home Guards or Minute Men shall be armed and equipped by each county at its own expense, and a tax may be assessed and collected for the purpose, as well as to compensate those engaged in this branch of duty, if, in their discretion, compensation should be made. The Home Guard shall assemble in their respective districts to take precautionary measures at least once in each week at the call of the commanding officer, and shall be momentarily ready for service at his call. Persons engaged in this branch of duty shall, upon failure to obey the call to duty by the commander, forfeit not less than one dollar, nor more than five for each offense, to be collected in the name of the chairman of the county court, before any jus- tice of the peace, to be applied by the county court in defraying the expenses of this branch of the public service, unless such failure was the result of sickness or other good cause. A general commander shall be appointed for each county by the several county courts, whose duty it shall be, when necessary, to take charge of all the Home Guard or Minute Men in his county and direct their operations. And the county court is author- ized to issue county bonds or scrip for the purpose of raising money immediately to meet the expenses contemplated by this section.
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