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 9

Author: Goodspeed Publishing Co
Publication date: 1887
Publisher: Chicago ; Nashville : Goodspeed
Number of Pages: 908


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 9


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gates. It was also provided that the convention, if decided upon, should meet on the 25th of February "to adopt such measures for vindi cating the sovereignty of the State and the protection of its institutions as shall appear to them to be demanded;" and it was further provided that no act of the convention, severing the State from the Federal Union. should have any binding force until ratified by a majority of the qualified voters of the State. The election was duly held, but the result was against holding the convention by a majority, according to the best ac- counts, of over 60,000 .* This was considered a strong victory for the Unionists.


The General Assembly at this session, pursuant to the recommenda- tion of Gov. Harris to reorganize the militia of the State, passed an act for the formation of all white male inhabitants between the ages of eighteen and forty-five into companies, regiments, brigades and divisions: assigned numbers to the regiments of all the counties of the State, and made ample provision for musters, etc. This was thought necessary "in view of the present excited state of the public mind and unsettled condi- tion of the country." The militia of the State, with the exception of a few volunteer companies in the thickly settled localities, had been disor- ganized by the recent repeal of the law requiring drills and public parades, so that the State was practically without military organization or equipment. There was not an arsenal or piece of ordnance in the State, and the poverty of the quantity of public arms was shown in the following report:


NASHVILLE, January 4, 1861.


HIS EXCELLENCY, ISHAM G. HARRIS, GOVERNOR OF TENNESSEE.


Sir : In obedience to your order I have the honor of submitting the following report of the number, character and condition of the public arms of the State. There are now on hand in the arsenal 4, 152 flint-lock muskets, in good order; 2,100 flint-lock muskets, par- tially damaged; 2,228 flint-lock muskets, badly damaged; 185 percussion muskets, in good order; 96 percussion rifles, in good order; 54 percussion pistols, in good order; 350 Hall's carbines, flint-lock. badly damaged; 20 cavalry sabres, with damaged scabbards; 132 cavalry sabres, old patterns, badly damaged; 50 horse artillery sabres, in good order: 1 twelve-pound bronze gun, partially damaged; 2 six-pound bronze guns, in good order: 1 six-pound iron gun, unserviceable, and a large lot of old accoutrements mostly in bad or- der. Since having charge of the arms I have issued to volunteer companies, as per order. 80 flint lock muskets; 664 percussion muskets; 230 rifle muskets, cadet; 841 percussion rifles; 228 percussion pistols; 170 cavalry sabres; 50 horse artillery sabres. The above arm- were issued with the necessary accoutrements, with but small exceptions, and of them the 80 flint-lock muskets, 50 horse artillery sabres and 14 cavalry sabres have been returned to the arsenal. Respectfully,


JOHN HERIGES, Keeper of Public Arms.


*The newspapers published in Nashville at the time gave the majority at nearly 14,000; Greeley in T . American Conflict, gave it at 67.054; the returns in the office of the Secretary of State give it at nearly 9. while in the new and imperfect work entitled Military Annals of Tennessee it is given at "nearly or quale 60,000." The majority is as various as the different accounts.


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The Assembly also passed a joint resolution asking the President of the United States and the authorities of each of the Southern States to "reciprocally communicate assurances" to the Legislature of Tennessee of their peaceable designs; and also passed a resolution expressing pro- found regret as to the action of the Legislature of New York in tendering men and money "to be used in coercing certain sovereign States of the South into obedience to the Federal Government," and directing the Governor of Tennessee to inform the executive of New York "that it is the opinion of this General Assembly that whenever the authorities of that State shall send armed forces to the South for the purpose indicated in said resolutions (passed by the New York Legislature) the people of Tennessee, uniting with their brethren of the South, will, as one man, resist such invasion of the soil of the South at any hazard and to the last extremity." The expression of these resolutions was tantamount to the sentiment of secession, and illustrates the position of the Legislature and of the Executive.


Time passed and the Southern States one after another adopted or- dinances of secession. * Finally, early in February, 1861, seven of them, represented by delegates, met in convention at Montgomery, Ala., and established a Confederate States Government. This action was not lost upon those in Tennessee who favored a separation from the Federal Gov- ernment, and who redoubled their efforts to induce Tennessee to follow the example of those States which had seceded from the Union. All felt that momentous events were transpiring. though few who knew the wis- dom of calmness and moderation could successfully resist the wild and impetuous spirit of the hour. In the inaugural address of President Lincoln many saw coercion, an invasion of the sacred rights of state sover- eignity, and a direct menace to slavery foreshadowed, and advocated the immediate passage of an ordinance of separation. Others sought dili- gently and vainly for a compromise that would preserve both the Union and the rights and established institutions of the South. The masses in the State were loth to dissolve the Union under which they had lived and loved so long, and were, in a great measure, in darkness as to the real is- sues pending and the real course to pursue. In this bewildering and doubtful maze of governmental relations, wherein a clear head and strong will could direct public action, Isham G. Harris, governor of Tennessee. proved to be the right man in the right place. This was the state of pub- lic affairs when the startling news came that Fort Sumter had surren-


*Ordinances of secession were adopted as follows: South Carolina, December 20, 1860, without dissent; Mis - sissippi, January 9, 1861, yens 84, Days 15: Florida, January 10, 1861, yeas 62, nays 7; Alabama, January 11, 1361, yeas Gl, nays 39; Georgia, January 15, 1861, yeas 20s. pays >9; Louisiana, January 26, 1861, reas 195, nays 17; Texas, February 1, Isol, yeas Imi, Days 7: Arkansas, March 22, 1-1, Veas 60, Days 1; Virginia. April 24, 1961; North Carolina, May 20, 1961; Tennessee, June s, ICI. Confederate Government formed February 9, 1861.


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dered and civil war commenced. Immediately succeeding this, while the public pulse was surging and public brain reeling, came the call of Presi dent Lincoln for 75,000 volunteers and the following telegram for Gov. Harris from the War Department:


WAR DEPARTMENT, WASHINGTON, April 15, 1861. TO HIS EXCELLENCY ISHAM G. HARRIS, GOVERNOR OF TENNESSEE:


Call made on you by to-night's mail for two regiments of militia for immediate service.


SIMON CAMERON, Secretary of Wer


Gov. Harris was absent from the city upon the receipt of this dis- patch, but upon his return on the 17th he promptly wired the following reply :


EXECUTIVE DEPARTMENT, NASHVILLE, TENN., April 17, 1861. HON. SIMON CAMERON, SECRETARY OF WAR, WASHINGTON, D. C.


Sir: Your dispatch of the 15th inst. informing me that Tennessee is called upon for two regiments of militia for immediate service is received. Tennessee will not furnish a single man for purposes of coercion, but 50,000, if necessary, for the defense of our rights and those of our Southern brothers.


ISHAM G. HARRIS, Governor of Tennessee. Immediately succeeding the fall of Sumter and the eurt refusal of the Governor to furnish volunteers for the Federal Army, intense and long- continued excitement swept over the State. In almost every county the people assembled and, in mass-meetings and conventions, denounced the course of the administration in levying war upon the South and invading her sacred and sovereign rights. Many, who had previously expressed strong Union sentiments. were easily led to espouse the doctrine of seces- sion, now that the policy of the Federal Administration was seen to be coercion. It became so evident at this period that the advocates of seces- sion were in the ascendency, that the Governor and his supporters re- solved to adopt heroic measures to separate the State from the Unior, set up an independent government. unite for greater security with the Confederate States, and place Tennessee in the best possible condition of defense, or to resist the encroachments of the Federal Army within her borders, thus anticipating the eventual adoption of the ordinance of se- cession. It had been hoped that, in case of a war between the Federal and the Confederate Governments, Tennessee might be permitted to maintain a neutral position. either as a member of the Federal Govern- ment or as an independent State in case of separation; and a correspon- dence, with that object in view, had been held between Gov. Magoffin of Kentucky and Gov. Harris; but the gigantic preparations for war by both the North and the South immediately succeeding the bombardment of Fort Sumter, unmasked the fact that the State would in all probability be overrun by the armies of both sections, would become a battle-ground


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with all its accompanying horrors, and, therefore, could not remain nou- 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, aud 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- villo, 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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HISTORY OF TENNESSEE.


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- unteer 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 W. O. 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 gor- 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 sheriff's of the several counties in this State to open and hold an election at the various voting precincts in their respective counties, on the Sth 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 sheriffs 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, sball remain in force and have the same effect as if this ordinance had not been passed.


*Report of Gen. S R. Anderson, who, April 25, 1se1, had been appointed by Gov. Harris to oversee the organization of the volunteer militia forces of West Teuuessee.


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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 clec- 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 clection 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. 8. 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 Semite


Passed May 6, 1861.


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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- unicers 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.




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