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, V.2 > Part 39
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This oath disfranchised a large number who would otherwise have voted at the election, and a protest against the action of Gov. Johnson was prepared and signed by the electors on the MeClellan and Pendleton ticket. and presented to the President by John Lelyett, but Mr. Lincoln declined to interfere in the matter. The election was accordingly hell
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in conformity with the Governor's proclamation, and resulted in an almost unanimous voto for the Lincoln and Johnson electors, who met at the re. quired time and cast their votes, which, however, were not received by Congress.
November 30, 1564, a call was issued by the executive committee of Middle Tennessee, for a convention to be held in Nashville on December 19, "for the purpose of forming a ticket to be run for a State Constitu- tional Convention by the loyal men of the State." At the appointed time the presence of the Confederate Army in the vicinity of Nashville prevented the assembling of the convention, and it was postponed until January S, 1565, at which date a large number of delegates, representing fifty-nine counties, assembled. The convention was organized with Col. S. R. Rogers, as chairman. A business committee to whom were referred all resolutions, was appointed. composed of the following delegates: Sam- uel Milligan, chairman, J. C. Gaut. Horace Maynard, J. R. Hood. Joseph S. Fowler, William Basson, William Spence, H. F. Cooper, Dr. A. Gregg, J. B. Bingham and Col. R. K. Byrd. Two reports were presented. The majority report proposed amendments to the Constitution, to be submitted to the people of Tennessee on the 22d of February following, providing for the abolition of slavery. the disfranchisement of all officers, civil, jadi- cial, and others, who had acted in hostility to the United States Govern- ment, the abrogation of the ordinance of secession and all laws passed after May 6, 1561, and the repudiation of all debts contracted in aid of the Rebellion. A resolution was also adopted requiring voters at the elec- tion for the ratification of the amendment, and at the first State election to subscribe to an oath similar to the one required at the Presidential election in the preceding November
A minority report was presented by J. R. Hood, denying the author- ity of this convention to propose amendments to the constitution, and favoring the calling of a regularly elected Constitutional Convention, to be held some time in February. After a long discussion, the majority report was adopted. William G. Brownlow was then unanimously nom- inated for governor. After which the convention adjourned, having been in session for six days. On the 26th of January Gov. Johnson issued a proclamation confirming the action of the convention, and ordering an election to be held on February 22, 1865, to vote upon the amendments, and. provided the amendment carried, also one to be held on March 4. for the election of a governor and members of the General Assembly. The election of February 22 passed off quietly. The proposed amend- ments were adopted almost unanimously, but the vote was quite small. On February 25. although the completed returns had not been received.
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Gov. Johnson issued a proclamation declaring the adoption of the amend. ments. Accordingly, the cleetion of the March 4 was held. and William C. Brownlow was chosen governor by a vote of 23,222 to 35. On the 3d of the following month the Legislature convened. William Heiskell. of Knox County, was chosen speaker by the lower House, and Sammel R. Rolgers, also, of Knox County, by the Senate. On April 5, 1865. Gov. Brownlow was inaugurated, and on the following day transmitted his message to the Legislature. He denounced secession in his most vigor- ous style, and advocated the ratification of the amendment to the United States Constitution abolishing slavery. On account of the unsettled con- dition of the country, and the alarming prevalence of crime, he recor- mended that persons convicted of horse stealing, house-breaking and highway robbery be punished with death. "Let the proof in all such cases be clear and unquestionable, and then let the offenders be hung, even for the first offense." He advised that the pay of all State officers and members of the General Assembly be increased, reviewed the financial condition of the State, and discussed the subject of the common schools, railroads, the State Bank, and other State institutions.
The Legislature remained in session until Monday, June 12. One of the most important measures adopted was an act to limit the franchise. known as the "Arnell bill." By its provisions the right of suffrage was restricted to the following persons: White men over twenty-one years of age who were publicly known to have entertained unconditional Union sentiments from the outbreak of the Rebellion; or who had arrived at the age of twenty-one years since March 4, 1865, and had not been en- gaged in anmed rebellion against the United States Government: also those who had served in the Federal Army and had been honorably dis- charged; those who had been conscripted by force into the Confederate Army, and were known to be Union men; and those who had voted at the elections in February and March, 1865. All other persons were dis- franchised. For all persons who had held civil or diplomatic offices un- der the Confederate States, or who had held a military office above the rank of captain, if in the army, or lieutenant, if in the navy; also for those who had resigned seats in Congress or positions in the army or navy, or had absented themselves from the United States for the purpose of aiding the Rebellion. the term of disfranchisement was to continue for a period of fifteen years from the passage of the act. For all persons not included in any of the above classes the right of suffrage was to be withheld for five years. It was made the duty of the clerk of each coun- ty court to open and keep a registration of votes, and before him proof of loyalty was to be inade. It was provided. however, that "no man of
HISTORY OF TENNESSEE. . 751
publicly-known Union sentiments" should be required to make oath upon registering, and that no person not registered was to be permitted to vote. A person challenged by an admitted voter was required to take an oath of allegiance and fidelity to the State and the United States Govern- ment, and any persons taking the oath falsely was declared guilty of per- jury, and subject to the pains and penalties attached to that crime.
By the passage of this ant a very large proportion of the former vot- ers of the State were disfranchised, and it was regarded by them as an act of great injustice. At this session, also, the revenuo laws of the State were amended, and a high tax was levied on the sales of merchan- dise and other commercial and legal transactions. The Legislature ad- journed to meet on the first Monday in October, at which time it again convened. Meanwhile an election for congressmen had been held Aus- ust 3, 1865, under the new franchise law, and the following men were chosen: N. G. Taylor, Horace Maynard, Edmund Cooper, W. B. Stokes, WV. B. Campbell, D. B. Thomas, I. R. Hawkins and J. W. Leftrich. Upon the beginning of the next session of Congress these members, to- gether with Joseph S. Fowler and D. S. Patterson, senators-elect, pre- sented themselves for admission, but were refused their seats upon the grounds that Tennessee had not yet been restored to her position in the Union. June 16, 1865, Congress submitted the fourteenth amendment to the United States Constitution to the States for their ratification, and three days later Gov. Brownlow issued a proclamation convening the Legislature on the 4th of July for the purpose of considering it. A quorum of the lower house could not be obtained for several days, and as a last resort the sergeant-at-arms was ordered to arrest and bring in the members who had absented themselves to prevent the ratification of the amendment. A. J. Martin, of Jackson County, and P. Williams, of Carter County, were brought in, and on the 19th of July a ballot was taken, the arrested members refusing to vote. The result is tersely given in the following dispatch :
NASHVILLE, TENN., July 19, 12 o'clock MI. Hon. Edwin M. Stanton, Secretary of War, Washington, D.C .:
My compliments to the President. We carried the constitutional amendment in the House. Vote, forty-three to eleven, two of his tools refusing to vote.
WILLIAM G. BROWNLOW.
Only two other States, Connecticut and New Hampshire. had preceded Tennessee in this action. As soon as information of the ratification reached Congress, a joint resolution was adopted declaring that "the State of Tennessee is hereby restored to her former practical relations to the Union, and is again entitled to be represented by senators and represeut- atives in Congress." The resolution was signed by the President, who
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returned it with a special message, in which he stated that he had signed the bill merely to avoid delay, and added: " My approval is not to be con- strued as an acknowledgment of the right of Congress to pass laws pre- liminary to the admission of duly qualified representatives from any of the States."
As has been stated, the Thirty-fourth General Assembly re-assembled on October 2, 1865. The majority of both Houses held extreme radical views on the question of restricting the elective franchise, but there was a determined minority in favor of a much more liberal policy in dealing with those who had participated in the Rebellion. On January 19, 1866, a new "franchise bill" was introduced. Its provisions were very similar to those of the act which it was intended to supersede, except that they were more comprehensive. It excluded from the privilege of the fran- chiso all who hal borne arms against the United States, or who had in any way voluntarily aided the Rebellion; also those who had ever sought or accepted office, civil or military, under the so-called Confederate Gov- ernment. It established an office of Commissioner of Registration in each county, and certificates of registration were required at all elections municipal, county and State.
It soon became apparent to the opponents of the bill that, unless some unusual measures were adopted to prevent it, it would become a law. Consequently, when it came up for a third reading in the House, enough members absented themselves to prevent a quorum, and contin- ued to do so for several days. Finally, the majority of the absentees tendered their resignations .* Gov. Brownlow, assuming the seats of all. members willfully absenting themselves to be vacant, issued a proclama- tion for an election to be held on March 31, 1866, to fill the vacancies. Nearly all who had resigned were candidates for re-election, and with five exceptions, were returned with large majorities. Meanwhile, both the Senate and House had continued the session by adjournment from day to day, and upon the restoration of a quorum, the consideration of the franchise bill was resumed. It passed both Houses, and became a law on May 3.
During this session an attempt was made to erect East Tennessee in- to a separate State. A similar effort had been made at the beginning of the war, but it was suppressed by the Confederate State authorities. In April, 1866, Gen. Joseph A. Cooper published a letter advocating the measure, and on the 3d of May following, a convention of delegates from twenty-two counties assembled at Knoxville, for the purpose of memorial-
*The seceding members were W. B. Lewis, Samuel P. Walker A. E. Garren, Aga Faulkner, A. A Free- man, J. F. Thomas, Abner A. Steele, W. B. Scales, A. R. Wynne, Thomas H Bedere, William Barton, I Will- ianis. C. N. Ordway, N. Brandon, W. K. Postos, M. E. W Imoraway. W. W. Wnia, A. D. Nicks, James P. Hoed, William Shumons, Joseph H. Travis, A. C. Gilleci and Wallace Waters.
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izing the Legislature for leave to form a new State. An address to the people of Erst Tennessee was published, and a committee, consisting of Joseph A. Cooper, D. C. Trewhitt, John Caldwell, L. C. Houk, William Alexander, S. J. W. Luckey, A. B. Owens and M. L. Phillips, were &p- pointed to prepare the memorial. Mr. Senter presented it to the Son- ate, and accompanied it with a joint resolution, requesting the Governor to issue writs of election to the sheriffs of the several counties repre- sented in the convention, commanding them to hold an election for the purpose of ascertaining the sentiments of the people upon the question. The resolution was referred to a special committee, consisting of two from each grand division of the State, who made two reports. The majority report, signed by the members from Middle and West Tenne -- ce, advised the rejection of the petition, and expressed the opinion that to grant it would be unconstitutional. The minority report, signed by D. W. C. Senter and C. J. MeKinney, of East Tennessee, favored grant- ing the request. The majority report was adopted.
On November 3, 1500, the General Assembly convened for the fourth and last time. The position of that body at this time was far from envia- ble. From the first, representing, as it did, but a small fraction of the voters of the State, it received but little moral support from the com- munity for which it was supposed to legislate, and now the disfranchised party, adopting the views of Andrew Johnson, believed and maintained that they were unjustly deprived of their constitutional rights, and denounced the Legislature and the executive with unmeasured severity. This action on the part of the people, as may be supposed, did not tand to make those in authority any the less vigorous in their measures. Dur. ing this session the franchise act was again amended, admitting the negroes to its privileges, but at the same time denying them the right to hold office or to sit upon juries. Another measure of scarcely less im- portance was the organization and equipment of a State militia. A force of about 1,700 men was raised, and placed under the command of Gen. Joseph A. Cooper. These troops, distributed to those points in the State where the greatest danger of an insurrection was supposed to exist, were maintained until after the election in August, when all but five companies were disbanded.
On February 22, 1867, the Republican State Convention assembled at Nashville, and unanimously renominated William G. Brownlow for gov- ernor. The resolutions adopted were, in substance: That equal rights should be granted to all; that those who saved the State in time of peril should govern and control it; that those who sought to destroy it, should not be hastily restored to their former privileges; and the course of the
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General Assembly and the administration of Gov. Brownlow had been highly satisfactory. The policy of the Union Republican party in Con- gress, in its opposition to President Johnson, was also endorsed.
The Democratic State Convention met on the 16th of April, and nom- inated Emerson Etheridge of West Tennessee, for governor. Mr. Ether- idge was a man of publicly known Union sentiments, and at the begin- ning of the war was compelled to leave his home an account of his hostil- ity to the course of secession, but with the return of peace he had joined that considerable number of original Union men in the South who sup- ported President Johnson in his policy of reconstruction and who be- came the bitterest opponents of the Republican party. The convention adopted resolutions favoring the immediate restoration of all disfran- chised citizens to complete citizenship and approving the course of Presi- dent Johnson. The campaign which followed was one of the greatest excitement. The granting of the right of suffrage to the negroes, while so large a proportion of the white citizens was debarred from voting, justly aroused intense opposition, and the State guards. re-enforced by regular troops, were not sufficient to prevent out-breaks. The election however, passed off quietly. The franchise law was strickly enforced. and the Republican candidates were successful in nearly every instance.
The Thirty-fifth General Assembly, which convened on the 7th of October, 1867, contained but few old members, although there was but little change in its political complexion. D. W. C. Senter was chosen speaker of the Senate, and F. S. Richards of the House. The session continued until March 16, 1868, during which time but few laws of importance were enacted, On October 23, 1867, the two houses met in convention and elected Gov. Brownlow to succeed D. S. Patterson in the United State Senate, for the term beginning March 4, 1569. Mr. Patterson had been elected to the office soon after the reorganization of the State Government in 1865, and during his entire term had acted with tre Democratic party in support of President Johnson and his recon- struction measures.
The Republican Stato Convention to appoint delegates to the National Convention, which was held on January 22, 1868 recommended the nomi- nation of General Grant for the presidency, while the Democratic Con- vention, which met on the 9th of June, endorsed Andrew Johnson as its candidate.
During the early part of this year, a new organization began to exert an influence in the political affairs of the State. It first made its appear- anco in the vicinity of Columbia, in Maury County, and from there it spread rapidly over, not only Tennessee, but the entire South. It is said
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to have originated in a bit of harmless pleasantry on the part of some masqueroders who amused themselves by imposing upon the superstitious fears of the negroes. The success of their adventures suggested the or. ganization of a band for protection against the depredations of negroos and worthless camp-followers and turbulent characters left behind upon the disbanding of the armies. To tho societies thus formed the name of Ku Klux Klans was given. Their operations were conducted with the greatest secrecy, and costumes, names, and symbols of themost outland. ish and mysterious character were adopted. From a merely protective social organization. it soon developed into a political and military order of the highest discipline. It was stated by Gen. Forrest, in September, 1565, that the Ku Klux Klans of Tennessee, alone, could put 40,000 men into the field in five days. It was also said that in many lo- calities 1,500 members could be brought from their homes to a com- mou rendezvous within three hours after the first signal was given Men of all professions and conditions became members of the order. As a political organization it was arrayed against the Loyal League, which also originated in Tennessee, about the close of the war. AI that time the white Unionists of middle and West Tennessee, and the colored people, who generally adhered to them, found themselves threat- ened, oppressed, and in some localities robbed and murdered. The re- sult was the organization of a powerful social order known as the Loyal League, which united the members of that large but cowed class, gave them means of secret and rapid communication with each other, enabled them to protect each other's person and property, and to avenge wrongs done to their numbers. Upon the reorganization of the State govern- ment accompanied by the disfranchisement of their former enemies, their power was greatly increased, and it is not surprising that they used it is retaliation. Thus the oppressors became the oppressed; evil-minded per- sons obtained control of the organization, and in many localities numer. ous outrages were committed in the name of the Loyal League. To this cause was largely due the almost phenomenal growth of the Ku Klux organization; indeed the history of the two orders is very similar. Both were formed for protection purposes, later became powerful political or- ganizations, and finally went beyond the control of their original leaders, and by unscupulous men were made to cover the most terrible outrages.
On July 6, 1868, Gov. Brownlow issued a proclamation convening the General Assembly in extraordinary session on the 27th of the same month. That body met at the appointed time and received a message from the Governor, calling attention to the recent Ku Klux outrages, and recommending the reorganization of the Stato Militia. He also advise
HISTORY OF TENNESSEE.
some action with reference to the finances of tho Stato, and these were the subjects which mainly occupied the attention of the Legislature dur- ing the session. A bill was introduced into the House providing for the organization of the State Militia, under the name of the "Tennosere Stato Guards," and giving the governor power to declare martial law in any county where he might deem it necessary. Petitions against the passage of the bill were sent in from all quarters, and many members of the Legislature entered their protest against it. Nevertheless, it became a law, and on February 20, 1869, Gov. Brownlow issued a proclamation, declaring martial law in Overton, Jackson, Maury, Giles, Marshall, Law- rence, Gibson. Madison and Haywood Counties, among which he ordered Gen. Cooper to distribute the State Guards, then numbering 1,600.
On February 12 Gov. Brownlow tendered the resignation of his of- fice, and on the 25th D. W. C. Senter, speaker of the Senate, was inaug- urated as his successor. Two months later, May 20. 1869, the Repub- lican State Convention met at Nashville to nominate a candidate for gov- ernor. Gov. Senter had already announced his own candidacy, and was supported by an enthusiastic delegation .. His opponent was William B. Stokes, the commander of a regiment of Tennessee Federal Cavalry dur- ing the war, and at that time the representative of his district in Con- gress. The convention assemblel, and, after continuing, amidst great excitement and confusion, for two days, without effecting an organiza- tion, it adjourned, with each faction claiming its candidate to be the reg- ular nominee. In the canvass the franchise question immediately be- came the dominant one, and practically absorbed all others. Gov. Senter issued an address to the people, in which he said: "The question which most interests the people of Tennessee at the present time, and which, in itself, is perhaps more pressing and important than any other, is the elective franchise. On this subject I am free to say that, in my judg. ment, the time has come, and is now, when the limitations and disabili- ties which have found their way into our statute books, as the result of the war, should be abolished and removed; and the privilege of the elective franchise rostored and extended to embrace the mass of the adult population of the State." Mr. Stokes represented the view of the more extreme element of the party, and, while favoring the restoration of the franchise privilege, insisted that it should be done gradually and under certain restrictions. The Democrats, powerless to accomplish anything of themselves, framed no platform and nominated no ticket, leaving the contest ostensibly to the two Republicans. In reality, however, the Democracy was better organized than cithor of the Republican factions, and they threw their influence in favor of Senter, who also received the
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support of Senator Brownlow and the Knoxville Whig. Owing to tho extremo lavity with which the registration was conducted, a very large rote was cast at the ensuing election, and it was estimated that of the 170,000 votes polled nearly 75,000 were cast by Democrats. Gov. Sen- der's majority roached nearly 60,000. Of the members of the Legisla- ture elected only 5 representatives and 2 senators had ever held scets in either house before, and a majority of them were cither conservative Republicans or Democrats.
The Thirty-sixth General Assembly convened on the 4th of October, and on the 10th began balloting for a United States Senator to succeedl Joseph S. Fowler. Several candidates were presented, of whom Andrew Johnson received the largest number of votes, but not a majority of all cast. After a number of ballots the opponents of Mr. Jolinson united in support of Henry Cooper, senator from Davidson County, who was elect- ed by a vote of 55 to 51. In accordance with the pledges given during the preceding campaign, the Legislature repealed most of the obnoxious laws, and passed an act providing for an election to be held on the third Saturday in December, to vote upon a constitutional convention, to as- semble on the second Monday of the following January. The bill pro- vidled that all male citizens over twenty-one years of age, who had been residents of the State six months preceding the election, should be per- milted to vote. The election resulted in a large majority in favor of the convention, an account of which is given in another chapter of this work. The first election after the adoption of the new constitution took place on the second Tuesday in November, 1870. The Democratic Convention of that year met at Nashville, on the 13th of September, and nominated Gen. John C. Brown, of Giles County, for governor. The Republican Convention assembled at the same place on the 22d of September. and chose W. H. Wisener, of Bedford County, as its nominee by acclamation. The most important questions discussed during the campaign were con- nected with the financial policy of the State. Gen. Brown advocated substantially the same policy that was afterward embodied in the fund- ing act of 1873*, and was elected by a vote of 78,979 to 41,500. The Legislature chosen at the same time was Democratic by a large majority. Thus the great struggle, which for nearly five years had disturbed the peace and prosperity of the State, was brought to an end at last. A new constitution, framed by the representatives of the whole people. had been adopted by the people, and a government elected by the universal suffrages of the free citizens of Tennessee was inaugurated for the first time since 15$4.
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