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 60
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 60
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 60
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 60
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 60
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 60
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 60
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SEC. 17. Reit further enacted, That the property of all volunteers raised under the provisions of this act shall be exempt from execution and other civil process whilst in act- ual service; but this section shall not apply to the Home Guards.
SEC. 18. Be it further enacted, That the governor, in raising the volunteers provided for in this act, shall have the discretion to accept into the service volunteer companies ten- dered from other States and from the Confederate States, if, in his opinion, the exigencies of the service or the public safety requires it.
SEC. 19. Be it further enacted, That each regiment of infantry shall consist of one colonel, one lieutenant-colonel, one major and ten companies; each company shall con- sist of one captain, one first lieutenant, two second lieutenants, four sergeants, four cor- porals, two musicians, and not less than sixty-four nor more than ninety privates; and to each regiment there shall be attached one adjutant, to be selected from the lieuten- ants, and one sergeant-major to be selected from the enlisted men of the regiment by the colonel. The regiment of cavalry shall consist of one colonel, one lieutenant- colonel, one major and ten companies, each of which shall consist of one captain, one first lieutenant, two second lieutenants, four sergeants, four corporals, one farrier, one blacksmith, two musicians and sixty privates. There shall be one adjutant and one ser- geant-major, to be selected as aforesaid.
SEC. 20. Beit further enacted, That each regiment shall elect its own colonel, lieu- tenant-colonel and major, and that each company shall elect its captain, its lieutenants, sergeants and corporals. Regimental musicians shall be appointed by the colonel, and the company musicians by the captains of companies. The colonel shall appoint his staff from his command.
SEC. 21. Be it further enacted, That the pay of major-general shall be three hundred dollars per month; of brigadier general two hundred and fifty dollars per month. The aid-de-camp of a major-general, in addition to his pay as lieutenant, shall receive forty dollars per month, and the aid-de-camp of a brigadier-general shall receive, in addition to his pay as lieutenant, the sum of twenty-five dollars per month. The monthly pay of the officers of the corps of engineers shall be as follows: Of the colonel two hundred and ten dollars; of a major, one hundred and sixty-two dollars; of a captain, one hundred and forty dollars; lieutenants serving with a company of sappers and miners shall receive the pay of cavalry officers of the same grade. The monthly pay of the colonel of the corps of artillery shall be two hundred and ten dollars; of a lieutenant-colonel, one hundred and
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eighty-five dollars; of a major, one hundred and fifty dollars; of a captain, one hun- dred and thirty dollars; of a first lieutenant, ninety dollars; of a second lieutenant, eighty dollars; aud the adjutant shall receive, in addition to his pay as lieutenant, ten dollars per month. Officers of artillery serving in the light artillery, or performing ord- nance duty, shall receive the same pay as officers of cavalry of the same grade. The monthly pay of the infantry shall be as follows: Of a colonel, one hundred and seventy-five dollars; of a lieutenant-colonel, one hundred and seventy dollars; of a major, one hundred and fifty dollars; of a captain, one hundred and thirty dollars; of a first lieutenant, ninety dollars; of a second lieutenant, eighty dollars; the adju- tant ten dollars per month in addition to his pay as lieutenant. The monthly pay of the officers of cavalry shall be as follows: Of a colonel, two hundred dollars; of a lieu- tenant-colonel, one hundred and seventy-five dollars; of a major, one hundred and fifty- two dollars; of a captain, one hundred and thirty dollars: of a first lieutenant, ninety dol- lars; of a second lieutenant, eighty dollars; the adjutant, ten dollars per month in addition to his pay as lieutenant. The pay of the officers of the general staff, except those of the medical department, shall be the same as officers of the second grade. The surgeon-gen- eral shall receive an annual salary of twenty-five hundred dollars, which shall be in full of all pay and allowance. The pay per month of the major-general's staff shall be the same as officers of the same rank in the infantry service. The monthly pay of surgeon shall be the same as that of major of cavalry, and the pay of assistant surgeon shall be the same as the pay of first lieutenant of cavalry, and the rank of surgeon shall be that of major of cavalry, and that of assistant surgeon the same as of the first lieutenant of cavalry.
SEC. 22. Be it further enacted, That the pay of officers as herein established shall be in full of all allowances, except forage for horses actually in service, and the necessary traveling expenses while traveling under orders; Provided, that officers shall not be enti- tled in any case to draw forage for a greater number of horses, according to grade, than as follows: The major-general, five; the brigadier-general, four; the adjutant and inspec- tor-general, quartermaster-general, commissary-general, and the colonel of engineers, ar- tillery, infantry and cavalry, three each. All lieutenant-colonels, and majors, and cap- tains of the general's staff, engineer corps, light artillery and cavalry, three each. Lieu- tenants serving in the corps of engineers, lieutenants of light artillery, and of cavalry, two each. No enlisted man in the service of the State shall be employed as a servant by -. any officer of the army. The monthly pay of the enlisted men of the army of the State shall be as follows: that of sergeant or master workman of the engineer corps, thirty dol- lars; that of corporal or overseer, twenty dollars; privates of the first-class, or artificers, .seventeen dollars, and privates of the second class, or laborers and musicians, thirteen dol- lars. The sergeant-major of cavalry, twenty-one dollars; first sergeant, twenty dollars; sergeants, seventeen dollars; corporals, farriers and blacksmiths, thirteen dollars; music- ians, thirteen dollars, and privates, twelve dollars. Sergeant-major of artillery and in- fantry, twenty-one dollars; first sergeants, twenty dollars each; sergeants, seventeen dol- lars; corporals and artificers, thirteen dollars; musicians, twelve dollars, and privates, eleven dollars each. The non-commissioned officers, artificers, musicians and privates serving in light batteries shall receive the same pay as those of cavalry.
SEC. 23. Be it further enacted, That each enlisted man of the army of the State shall receive one ration per day, and a yearly allowance of clothing: the quantity and kind of each to be established by regulation of the military and financial board, to be approved by the governor. Rations shall generally be issued in kind, unless under circumstances rendering a commutation necessary. The commutation value of the ration shall be fixed by regulation of the military and financial board to be appointed by the governor.
SEC. 24., Be it further enacted, That all the officers in the quartermaster's and com- missary departments shall, previous to entering on the duties of their respective offices, give bonds with good and sufficient security, to the State of Tennessee, in such sum as the military and financial board shall direct, fully to account for all moneys and public prop- .erty which they may receive. Neither the quartermaster-general, the commissary-gen-
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eral, nor an other or either of their assistants, shall be concerned, directly or indirectly, in the purchase or sale of any articles intended for, making a part of. or appertaining to pub- lic supplies, except for and on account of the State of Tennessee; nor shall they, or either of them, take or apply to his or their own use, any gain or emolument for negotiating any business in their respective departments other than what is or may be allowed by law. The rules and articles of war established by the laws of the United States of America for the government of the army are hereby declared to be of force, except wherever the words " United States" occur, "State of Tennessee " shall be substituted therefor; and except that the articles of war numbers sixty-one and sixty-two are hereby abrogated. and the following substituted therefor:
ART. 61. Officers having brevets or commissions of a prior date to those of the corps in which they serve, will take place on courts martial or of inquiry, and on boards detailed for military purposes, when composed of different corps, according to the ranks given them in their brevet or former commissions, but in the regiment, corps or company to which such officers belong, they shall do duty and take the rank, both in courts and on boards, as aforesaid, which shall be composed of their own corps, according to the commis- sion by which they are there mustered.
ART. 62. If upon marches, guards or in quarters, different corps shall happen to join or do duty together, the officer highest in rank, according to the commission by which he was mustered in the army, there on duty by orders from competent authority, shall command the whole, and give orders for what is needful for the service, unless otherwise directed by the governor of the State, in orders of special assignment providing for the case.
SEC. 25. Be it further enacted, That all mounted non-commissioned officers, privates, musicians and artificers shall be allowed forty cents per day for the use and risk of their horses; and if any mounted volunteer shall not keep himself provided with a serviceable horse, such volunteer shall serve on foot. For horses killed in action, or that die from injuries received in the service, or for want of forage, volunteers shall be allowed com- pensation according to their appraised value at the date of mustering into the service.
SEC. 26. Be it further enacted, That the military board shall procure for the service. a supply of the army regulations of the United States, and provide by regulation a badge- to designate the grade of officers in the service, and such flags and banners as may be necessary.
SEC. 27. Be it further enacted, That the pay of volunteers who have been enrolled for service before the passage of this act, if actually mustered into service, shall be counted from the time of their enrollment; and the commanding officer of artillery may appoint recruiting officers to muster into service recruits to be assigned to companies afterward. who shall receive pay and subsistence from time of enrollment.
SEC. 28. Be it further enacted, That any ten companies, with the requisite number. of men, offering themselves in a body, shall be mustered into service as a regiment, may immediately organize by electing their field officers, and be commissioned by the governor. The seniority of captain shall be fixed by the brigadier-general regularly in command; Provided, that in all cases where regiments shall have previously organized and elect- ed their officers, such organization and election may be treated by the governor as good and valid.
SEC. 29. Be it further enacted, That each of the members of the military and finan- cial board shall receive compensation at the rate of fifteen hundred dollars per annum.
SEC. 30. Be it further enacted, That officers of artillery, from colonel to captain inclusive, shall be nominated by the governor and confirmed by the General Assembly.
SEC. 31. Be it further enacted, That all persons against whom indictments or pre- sentinents for misdemeanors may be pending, and who have enlisted under this act in the service of the State, the same may be dismissed in the discretion of the judge before. whom the same is pending, as well as for forfeitures against the defendant and his. securities.
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HISTORY OF TENNESSEE.
SEC. 32. Be it further enacted, That the keeper of the public arms be, and he is hereby directed to make suitable and proper arrangements for the convenience and pro- tection of the arsenal of the State; and that for the expenses incurred for such purposes, the sum of twelve hundred dollars is hereby appropriated, for which the comptroller will issue his warrant upon the treasury, upon the certificate of such keeper, and approved of by the military board.
SEC. 33. Be it further enacted, That the municipal authorities of all incorporated towns in this State be authorized to borrow money by issuing the bonds of such corpora- tion, or otherwise, for the military defense of such town; and in all cases where corporate authorities of said towns have already issued their bonds for the purpose aforesaid, the same is hereby declared legal and valid.
SEC. 34. Be it further enacted, That to enable the county court to carry into effect without delay the provisions of the fourteenth, fifteenth and sixteenth section of this act. the chairman of the county court is empowered to assemble at any time the members of the quarterly court, who, when assembled, shall have all the powers exercised by them at the regular quarterly sessions.
SEC. 35. Be it further enacted, That the corporate authorities of towns and cities are hereby empowered and authorized to levy a military tax upon personal and real estate, not to exceed the one-half of one per cent, and on privileges not greater than one-half the amount now paid to the State; such money to be raised shall be used for military purposes under the direction of the authority so levying and collecting the same.
SEC. 36. Be it further enacted, That it shall be the duty of the inspector-general of the State, to be appointed under this act, and such assistants as the governor may appoint to muster into the service of the State of Tennessee each company and regiment after the same are inspected, at such times and places as the governor shall designate, and when said troops are so mustered into the service of the State, they shall be subject to all the rules and articles of war as adopted by this act.
SEC. 37. Be it further enacted, That it shall be the duty of each captain upon being mustered into the service to furnish a complete roll of the officers and men in his company to the inspector-general, who shall file one copy of the same in the adjutant-general's office, and one copy to be delivered to the colonel of each regiment then formed, and it shall be the duty of the adjutant-general to furnish blank forms to the captains of com- panies.
SEC. 38. Be it further enacted, That the governor, by and with the consent of the military and financial board or bureau, shall be anthorized to purchase and carry on any manufactory or manufactories of gunpowder, which may be deemed necessary for the use of the State, purchase or lease any interest in any lead, saltpetre, or other mines, and work the same for the use of the State, and may also in the name of the State make con- tracts for the manufacture of fire-arms or any other munitions of war, to be manufactured in the State, and make such advancements in payment for the same as may be deemed advisable to insure the ready and speedy supply thereof for the use of the State. Provided, that when such contract is made or entered into the individual or company making the same shall give bond and security for the repayment thereof, if the arms or other muni- tions of war for which such advancement may be made shall not be furnished within the time agreed upon for their delivery, or shall not be of the character contracted for.
SEC. 39. Be it further enacted, That for the purpose of aiding in supplying the State with arms for the public defense, that the act of January 30, 1861, incorporating the Mem- phis Arms Company, be and the same is hereby confirmed, and the corporators declared to be entitled to exercise all the rights and privileges intended to be given by said act; and it is further enacted, that M. Clusky, John Overton, Robert C. Brinkley, Sam. Tate, M. J. Wicks, Roberson Topp, William R. Hunt, Fred. W. Smith, J. E. R. Ray, Moses White and Ed. Munford be added to the list of corporators.
SEC. 40. Be it further enacted, That the governor and all other authorities having charge of finances in the movement contemplated by this act shall make full reports to
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the General Assembly of the State to the amount expended, as well as the various pur- poses for which such expenditures may have been made.
SEC. 41. Be it further enacted, That this act take effect from and after its passage.
W. C. WHITTHORNE, Speaker of the House of Representatives.
B. R. STOVALL, Speaker of the Senate.
Passed May 6, 1861. A true copy. J. E. R. RAY, Secretary of State.
On the 7th of May the following message was communicated to the Legislature:
EXECUTIVE DEPARTMENT, NASHVILLE, May 7, 1861. Gentlemen of the Senate and House of Representatives:
By virtue of the authority of your joint resolution, adopted on the 1st day of May, inst., I appointed Gustavus A. Henry, of the county of Montgomery; Archibald O. W. Totten, of the county of Madison, and Washington Barrow, of the county of Davidson, "commissioners on the part of Tennessee, to enter into a military league with the authori- ties of the Confederate States, and with the authorities of such other slave-holding States as may wish to enter into it; having in view the protection and defense of the entire South against the war that is now being carried on against it."
The said commissioners met the Hon. Henry W. Hilliard, the accredited representa- tive of the Confederate States, at Nashville, on this day, and have agreed upon and ex- ecuted a military league between the State of Tennessee and the Confederate States of America, subject, however, to the ratification of the two governments, one of the dupli- cate originals of which I herewith transmit for your ratification or rejection. For many cogent and obvious reasons, unnecessary to be rehearsed to you, I respectfully recommend the ratification of this League at the earliest practicable moment.
Very Respectfully,
ISHAM G. HARRIS.
CONVENTION BETWEEN THE STATE OF TENNESSEE AND THE CONFEDERATE STATES OF AMERICA.
The State of Tennessee, looking to a speedy admission into the Confederacy estab- lished by the Confederate States of America, in accordance with the Constitution for the provisional government of said States, enters into the following temporary convention, agreement and military league with the Confederate States, for the purpose of meeting pressing exigencies affecting the common rights, interests and safety of said States and said Confederacy. First, until the said State shall become a member of said Confederacy, according to the constitution of both powers, the whole military force and military oper- ations, offensive and defensive, of said State, in the impending conflict with the United States, shall be under the chief control and direction of the President of the Confederate States, upon the same basis, principles and footing as if said State was now, and during the interval, a member of said Confederacy, said force, together with that of the Confed- erate States, to be employed for the common defense. Second, the State of Tennessee will, upon becoming a member of said Confederacy under the permanent constitution of said Confederate States, if the same shall occur, turn over to said Confederate States all the public property acquired from the United States, on the same terms and in the same manner as the other States of said Confederacy have done in like cases. Third, what- ever expenditures of money, if any, the said State of Tennessee shall make before she becomes a member of said Confederacy, shall be met and provided for by the Confed- erate States. This convention entered into and agreed in the city of Nashville, Tennes- sce, on the seventh day of May, A. D. 1861, by Henry W. Hilliard, the duly authorized commissioner to act in the matter of the Confederate States, and Gustavus A. Henry,
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-
Archibald O. W. Totten and Washington Barrow, commissioners duly authorized to act in like manner for the State of Tennessee, the whole subject to the approval and rati -. fication of the proper authorities of both governments, respectively.
In testimony whereof the parties aforesaid have herewith set their hands and seals, the day and year aforesaid; duplicate originals.
[SEAL. ]
HENRY W. HILLIARD,
Commissioner for the Confederate States of America.
[SEAL. ] GUSTAVUS A. HENRY,
[SEAL.] A. W. O. TOTTEN,
[SEAL. ] WASHINGTON BARROW,
Commissioners on the Part of Tennessee.
Immediately upon receiving the report of the commissioners the Legislature passed the following joint resolution:
WHEREAS, A military league, offensive and defensive, was formed on this the 7th of May, 1861, by and between A. O. W. Totten, Gustavus A. Henry and Washington Barrow, commissioners on the part of the State of Tennessee, and H. W. Hilliard, commissioner on the part of the Confederate States of America, subject to the confirmation of the two governments;
Be it therefore resolved by the General Assembly of the State of Tennessee, That said league be in all respects ratified and confirmed; and the said General Assembly hereby pledges the faith and honor of the State of Tennessee to the faithful observance of the terms and conditions of said league.
The following is the vote in the Senate on the adoption of the league: Ayes: Messrs. Allen, Horn, Hunter, Johnson, Lane, Minnis, Mcclellan, McNeilly, Payne, Peters, Stanton, Thompson, Wood and Speaker Stovall -14. Nays: Messrs. Boyd, Bradford, Hildreth, Nash, Richardson and Stokes-6. Absent and not voting: Messrs. Bumpass, Mickley, New- man, Stokely and Trimble-5.
The following is the vote in the House: Ayes: Messrs. Baker, of Perry; Baker, of Weakley; Bayless, Bicknell, Bledsoe, Cheatham, Cow- den, Davidson, Davis, Dudley, Ewing, Farley, Farrelly, Ford, Frazier, Gantt, Guy, Havron, Hurt, Ingram, Jones, Kenner, Kennedy, Lea, Lock- hart, Martin, Mayfield, McCabe, Morphies, Nall, Pickett, Porter, Rich- ardson, Roberts, Sheid, Smith, Sowell, Trevitt, Vaughn, Whitmore, Woods and Speaker Whitthorne-42. Nays: Messrs. Armstrong, Bra- zelton, Butler, Caldwell, Gorman, Greene, Morris, Norman, Russell, Sen- ter, Strewsbury, White, of Davidson; Williams, of Knox; Wisener and Woodward-15. Absent and not voting: Messrs. Barksdale, Beaty, Bennett, Britton, Critz, Doak, East, Gillespie, Harris, Hebb, Johnson, Kincaid, of Anderson; Kincaid, of Claiborne; Trewhitt; White, of Dick- son; Williams, of Franklin; Williams, of Hickman, and Williamson-18.
The action of the Legislature in passing the ordinance of secession, in adopting the provisional constitution of the Confederacy, in passing the army bill and in ratifying the league between Tennessee and the Confederate Government, all subject to adoption or rejection by the peo- ple of the State, and all done amid great excitement within a few days,
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met the heartiest and wildest reception from all portions of the State. The only opposition encountered was in East Tennessee; but the Gov- ernor, as commander-in-chief of the provisional army, determined to occupy that portion of the State immediately with troops in the hope of subjecting it to the Confederate cause. As soon as possible, by virtue of the authority vested in him by the army bill, he made the following military appointments, all of which were ratified by the General As- sembly:
EXECUTIVE DEPARTMENT, NASHVILLE, May 9, 1861.
Gentlemen of the Senate and House of Representatives:
I have nominated and herewith submit for your confirmation the following gentlemen: For major-generals, Gideon J. Pillow, Samuel R. Anderson. For brigadier-generals, Felix K. Zollicoffer, Benjamin F. Cheatham, Robert C. Foster, third; John L. T. Sneed, W. R. Caswell. For adjutant-general, Daniel S. Donelson. For inspector-general, William H. Carroll. For quarter-master general, Vernon K. Stevenson. For commis- sary-general, R. G. Fain. For paymaster-general, William Williams. For surgeon- general, Dr. Paul F. Eve. For assistant surgeon-generals, Dr. Joseph C. Newnan, Dr. John D. Winston. For assistant adjutant-generals, W. C. Whitthorne, James D. Porter,
Jr., Hiram S. Bradford, D. M. Key. For assistant inspector-generals, J. W. Gillespie, James L. Scudder, John C. Brown, Alexander W. Campbell. For assistant quartermas- ter-generals, Paulding Anderson, George W. Cunningham, Samuel T. Bicknell. George W. Fisher, Thomas L. Marshall, Thomas Peters, John G. Finnie, W. P. Davis, J. H. Mc- Mahon. For assistant commissary-generals, Calvin M. Fackler, John L. Brown, Miles Draughn, Madison Stratton, James S. Patton, W. W. Guy, P. T. Glass.
For assistant paymaster-generals. Claiborne Deloach, William B. Reese, Jr., Thomas Boyers. lieutenant-colonel of artillery, John P. McCown. For military and financial board, For Neill S. Brown, James E. Bailey, William G. Harding.
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