USA > Tennessee > History of Tennessee, its people and its institutions > Part 23
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Under the militia law, Governor Brownlow organized a body of troops, designated as the "State Guard." composed largely of negroes, and subject to the orders of the Governor, to be used in such manner as he might think necessary. The purpose of the Radical party was plainly demonstrated - the permanent disfranchisement of the Con- federates.
442. Governor Brownlow's . Second Administration. - Hon. Emerson Etheridge was nominated by the Conservative Union party, in a convention held at Nashville, April 16, 1867, as a candidate for Governor against Brownlow. When Governor Brownlow issued his proclamation, July Ist, giving notice that the State Guard would be stationed in "rebellious localities to enforce the franchise law." the Conservatives withdrew their candidate, and Brownlow was reelected by 50,000 majority.
443. Secret Orders .- Public sentiment had now reached a point in which partisans on either side were incensed to a degree which led to
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mutual recrimination and to some acts of violence. Two remarkable organizations came prominently into notice. Such organizations could exist only in times of disorder and mutual distrust. Both, claiming to be originally social orders, were converted into partisan organiza- tions.
444. The Loyal League .- This order was composed mainly of negroes. It was a secret, oath-bound association. Whatever may have been its origin, it became a partisan Union organization. The negroes, by disposition, are, undoubtedly, the most docile of all the races, and would never originate any widely diffused order for purposes of cruelty and violence. The white people of the South had for many years been intimately associated with the negro, and knew his character- istics. Since the emancipation, however, the old ties had been broken, and the negroes had formed new associations. It was charged that they were led by designing white men. This association was popularly regarded as a menace to the safety of society. While the mass of the negroes were undoubtedly peaceful, yet a few of them were guilty of outrages, and these outrages, exaggerated by rumor, were attributed to the Loyal League.
445. The Origin of the Ku Klux Klan .- This society was formed in Pulaski in the summer of 1866. It was organized by young men who had returned from the Confederate army, and was intended for the amusement afforded by initiating novices with grotesque and mysterious ceremonies. Its place of meeting. in an old residence which had been dismantled by a storm, and was regarded by the negroes as haunted. first brought it into notice. Its peculiar name and fantastic costumes. together with the secrecy and mystery of its movements, excited curi- osity and impressed the negroes with awe.
A local incident served to change the character of the Ku Klux Klan. An old negro, living near Pulaski, was accused of petty offenses. The Klan visited his house at night. and summoning him to the door. one of the disguised visitors requested a drink of water. A gourd was pre- sented him, which the visitor declined. stating that he was very thirsty. and desired the bucket. When this was handed him. he drained it to the bottom. appearing to drink, but really pouring the water into a false mouth hidden under his mask, and connected with a large bag concealed about his person. After emptying several buckets, he re- marked that it was his first good drink since he was killed at Murfrees- boro. After other similar feats, the Grand Cyclops whistled. and one of the visitors desired to shake hands before leaving. The old negro
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, extended his hand and grasped, in return, a skeleton hand. Thoroughly alarmed, he drew back in terror. The Grand Cyclops then recounted to him a list of his peccadillos, and warned him to desist, promising to visit him again on his return from the cemetery at Franklin. This admonition had a happy effect, and the joke was too good to be kept secret. The hint was taken up, and Klans were formed in neighboring towns. The Ku Klux spread rapidly over Tennessee and other Southern States. Thus, the Ku Klux were drawn into their dangerous partisan career.
446. The Ku Klux Organize .- The gradual development of the Ku Klux into a band of regulators was unpremeditated and irregular, but the time had arrived when they determined to adopt an effective organization. In the summer of 1867. they met in secret convention in Nashville, in the midst of hostile State and Federal authorities. Yet, they so adroitly conducted their meeting as to avoid detection, or even suspicion. At this convention, a written constitution, designated as "the prescript," was formulated, secretly printed, and distributed through the Klan. This prescript established a secret, oath-bound organization, sworn to obey the orders of the chief officer, designated the "Grand Wizard." The Ku Klux Klan now became avowedly a partisan organization. Still preserving its mystery and disguise, its officers issued public addresses in the newspapers, and the Klan made public parades in the open day, and seemed to court publicity for its operations, but skillfully concealed the identity of its members.
Their skill in avoiding detection was exemplified in the famous parade at Pulaski on the night of July 4, 1867. Public notice had been given in the newspapers and by circulars that the Ku Klux Klan would parade in force on that night. An immense crowd of citizens gathered to witness the mysterious demonstration. The enemies of the Klan thought this a favorable opportunity to detect the participants. De- tectives were placed along the roads leading into the city to discover the points of gathering, and to note those who went to the places of rendes- vous; also to follow them after the parade to the points of dispersing. Not a gathering place was discovered, and not a man was traced to the rendesvous. Suddenly skyrockets were sent up on all the roads leading into town. Detachments of mounted men, fully organized, disguised by light-colored masks, and enveloped in flowing gowns of flashy hues, in which red was the predominating color, rode into the town and met on the public square.
The detectives who had been stationed on the streets to note what young men of the town were absent, were equally unfortunate. All
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the young men, and especially those who were suspected, were conspic- uous on the streets, seemingly intent on solving this Ku Klux mystery.
At the head of the long procession rode the leader, who appeared to be immensely tall. He wore a high, conical-shaped hat, near the top of which gleamed a flashing light, which looked like an eye. Not a weapon of any kind was visible. Orders were communicated by shrill whistles. Absolute and solemn silence was preserved, which was broken only once during the parade.
A prominent Union man, well known for his denunciations of the Klan, took post on the public square for the purpose of recognizing the horses. It was said that he knew every horse in the county. But the
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KU KLUX PARADE.
horses were as completely disguised as the men. He had failed to identify a single horse, when suddenly one of the Ku Klux equestrians rode up to the place where he was standing, addressed him by name. and asked, "Do you know the horse that I am riding?" "No, sir." was the reply. Great was his surprise, when the Ku Klux cavalier, dismount- ing, threw off the disguise from the horse and disclosed to the astoundled investigator his own horse, which he had ridden to town about two hours before. Then every whistle was sounded in the long Ku Klux line. Unearthly laughter, shrieks, and demoniac yells rent the air.
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Before the astonished Union man could recover from his bewilderment, the Ku Klux rider had remounted and disappeared. Hurrying to the place where he had left his horse, he received a second surprise to find him standing quietly in the stable where he had fastened him.
After parading through the principal streets, the Klans dispersed as mysteriously as they had gathered, and not a trace could be found of "whither they went."
447. Anti-Ku Klux Law .- July, 1868, Governor Brownlow called the Legislature in extra session, stating in the call, "Rebellious elements in the State are secretly assuming and perfecting a military organiza- tion, known as the Ku Klux Klan, with an eye to overthrow the State government." The Legislature enacted a law making membership, or participation with the Ku Klux, a felony, punishable by fine and impris- onment. The Governor was empowered to reorganize and increase the State Guard, and to declare martial law in any county, at his discretion. Governor Brownlow promptly declared martial law in several counties, and instituted every agency in his power to suppress the Ku Klux, and to detect and punish its members. Yet, so secretly were its affairs con- ducted, that no member of the order was ever convicted in Tennessee.1 February 20, 1869, Governor Brownlow, having been elected United States Senator, resigned as Governor, and Hon. D. W. C. Senter, Speaker of the Senate, became Governor of Tennessee.
CHAPTER XLII. SENTER'S ADMINISTRATION.
448. The Ku Klux Disband .- Governor Senter adopted a more liberal policy than his predecessor. Among the first fruits of his ad- ministration was the disbandment of the Ku Klux Klan, and the restora- tion of public confidence in law and order. In March, 1869. the Grand Wizard issued his edict, terminating the existence of the Klan. This edict recited that the Klan had accomplished the purposes for which it was instituted, that it had afforded protection to many firesides, when all the better elements of society were in dread for the safety of their property, persons, and families : that the time had now arrived when the services of the Klan were no longer needed. They were ordered. therefore, to burn all regalia, and evidences of their existence, and to
1 Wilson and Lester's "Ku Klux Klan"; Report of Investigating Committee of Congress; Report of Investigating Committee of Tennessee Legislature.
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quietly disband. This edict terminated the existence of the Klan. Says the historian : "Thus lived, so died, this strange order. Its birtlr was an accident ; its growth a comedy; its death a tragedy. There never was, before or since, a period of our history when such an order could have lived. May there never be again."
449. Irritation Allayed .- Although the organized existence of the Ku Klux was terminated in 1869, yet its name continued to be used by unknown organizations, and "Ku Klux outrages" were reported in the newspapers as late as 1872. Simulta- neous with the disbandment of the Ku Klux was the disappearance of demonstrations Gov. D. W. C. SENTER. from the Loyal League, and soon afterwards came the dismissal of the "State Guard."
450. Governor Senter Reëlected .- In 1869, Governor Senter was a candidate for reelection. He was opposed by Col. W. B. Stokes. The Republican convention failing to agree, the Radical wing nominated Stokes, and the Conservative wing nominated Senter. The Confed- erates tendered their support to Governor Senter, if they should be allowed to vote. This privilege was granted, and Senter was elected by the largest majority ever given a candidate for governor.
451. A Democratic Legislature .- Thus, the Confederate element, led by Gen. John C. Brown, regained control of the State. The Legis- lature met October 4, 1869. and was Democratic in both branches. Steps were taken to undo so much of the legislation of recent years as was especially obnoxious to the Conservatives and Democrats.
The most important act of this Legislature was the "Act to authorize the people to call a convention." It was expressly provided, "that every male person not convicted and rendered infamous for crime. of the age of twenty-one years, being a citizen of the United States, and of the county where he may offer his vote." shall be allowed to vote : "and no certificate or other qualification than the foregoing. shall be required by the judges holding said election." The elective franchise was restored, so far as the Legislature could restore it. The rest must be done by a new Constitution. The election resulted in a majority of 40,500 in favor of holding a convention.
452. The Constitutional Convention of 1870 .- This distinguished body convened at Nashville, January 10, 1870. It was recognized
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throughout the State that this convention had a solemn and delicate duty to perform. It was the purpose of the people to select the wisest and best men. Among the members were many venerable patriots, who came from retirement to serve their country in this crisis. There was. also, among its members a younger class of vigorous men, on whose wisdom and firmness the State was beginning to rely. Altogether, it was one of the most distinguished bodies that ever assembled in Ten- nessee. The convention was called to order by the distinguished jurist and future Chief Justice, Hon. A. O. P. Nicholson, who was present as delegate from the counties of Williamson, Maury, and Lewis. On the motion of Mr. Nicholson, Mr. Bolling Gordon, of Hickman County, the only delegate who had been a member of the Constitutional Convention of 1834, was made temporary president. Hon. John C. Brown,1 dele- gate from the counties of Lincoln, Marshall, and Giles, was unanimously clected permanent president, an office which only two other citizens have held.
The distinguished citizen who was elected to this responsible posi- tion belonged to the younger class of members, and had risen to promi- nence during the Civil War, at the close of which he held the rank of Major General in the Confederate arny. He was a brother of Hon. Neill S. Brown, one of the delegates of Davidson County, and formerly Governor of the State. He was a typical soldier, and had acquired a high reputation for bravery and military ability. Since the close of the war, he had devoted himself to the practice of the law, and had risen to the head of his profession in the State. He was universally admired and beloved.
453. Accepting the Issues of the War .- The temper of the Con- vention was admirable, its wisdom was salutory, and its patriotism was exemplary. It was a Democratic body, of which the Confederates were the dominant factor. Its real object is so clearly stated by Hon. Joshua W. Caldwell, in his "Constitutional History of Tennessee," that his words are here quoted: "The truth is, that the convention was a political expedient, designed to restore to citizenship and to the mastery of affairs, the majority of the white voters of the State, who had been disfranchised by the minority party which the war had placed in power."
1 See "Journal of Proceedings of the Convention of Delegates. Elected by the People of Tennessee. to Amend. Revise, or Form and Make a New Constitu- tion for the State, Assembled in the City of Nashville, January 10, 1870."
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The Democrats, also, had another distinct purpose in view - to accept, by their own act, the results of the war. These purposes were accomplished firmly and quietly, with no effort at recrimination or retaliation. A single instance will serve for illustration. The Demo- crats had maintained that the amendments to the State Constitution in 1865, were not legally adopted, because the convention which framed them was not a legal convention, and the election which ratified them was not a legal election. Vindictive partisanship and party pride would have prompted them to repudiate and repeal these amendments. Wis- dom and patriotism suggested a different course. The issue was avoided, by ignoring the question of the validity of the amendments. It was decided to frame an entirely new Constitution. This plan afforded the opportunity to accept the issues of the war, as an act of the Democrats.
Surrendering the convictions of a lifetime, they incorporated into the new Constitution the substance of the Brownlow amendments, and even went further. They applied to Tennessee the substance of the Fifteenth amendment to the Federal Constitution nearly two months before the amendment was ratified and proclaimed. Thus, the issues of the war were accepted : First, by ordaining the abolition of slavery; second, by prohibiting the Legislature from enacting hereafter any law recognizing the right of property in man; third, by so extending the elective franchise as to include negroes.
454. Restrictive Provisions .- The convention next turned its attention to the construction of constitutional bulwarks to prevent the recurrence of legislation which was obnoxious to the ideas of the Con- servatives and Democrats.
First, the right to hold office and to vote was secured to every male citizen of the State over twenty-one years of age, who had the proper qualifications of residence, etc. Political tests were prohibited. except an oath to support the Constitution of the United States, and of the State, as a qualification for office. Second, according to Democratic ideas, the prerogatives of the governor were too great, and had been used during the early periods of reconstruction to an extent which was dangerous to liberty. Provisions were, therefore, made which restricted the governor's powers. Among other provisions, he was prohibited from calling out the militia unless authorized to do so by the Legislature. In this, the convention went too far, as was demonstrated later, in the insurrection of the miners. Third, the large increase in the public debt. made during the "Reconstruction Period," had so much alarmed the
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people as to cause a revulsion of sentiment towards loaning the credit of the State for any purpose. Thus, the long-continued policy of aiding internal improvements was brought to an abrupt termination by the fo ?- lowing constitutional prohibition :
"The credit of this State shall not be hereafter loaned or given to or in aid of any person, association, company, corporation, or munici- pality; nor shall the State become the owner, in whole or in part, of any bank, or a stockholder with others in any association, company, corpora- tion, or municipality."
The balance of the Constitution consists mainly of a revision of the Constitution of 1834, with a few changes of greater or less importance. which may be traced in the annotations of the Constitution in the Appendix to this book.
455. The Constitution Goes into Effect .- The Constitution was ratified by the people, March 26, 1870, by a vote of 98, 128 to 33.872. May 9th, the Legislature met for the purpose of enacting the legislation necessary to carry the provisions of the Constitution into effect. Sta :- utes were passed, defining the qualifications of voters, providing io: elections, re-districting the State, etc.
At this session, a very injudicious law was passed, in reference to the public schools. The law of 1867 was unpopular in many parts cf the State, and was known as the "Brownlow School Law." This law was repealed, and the maintenance of the schools was remitted to the several counties.
A third session of this General Assembly met December 5, 1870. Its time was de- voted to the investigation of the condition of the State debt, and alleged frauds in con- nection with railroad and school funds. In the latter part of Senter's administration. he complained of renewed Kuklux outrages. and applied to the Legislature for power to suppress them. This being refused. an effort was made to induce Congress to re- construct the State. This movement. like- wise, failed.
At the judicial elections, held in August. 1870, the Judges of the Supreme Court were
CHIEF JUSTICE ALFRED O. P. NICHOLSON. elected. Of this court, the distinguished jurist and former Senator. Hon. Alfred O. P. Nicholson, was made Chief Justice.
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CHAPTER XLIII.
THE CONSTITUTION OF 1870 PROHIBITS STATE AID TO INTERNAL IMPROVEMENTS.
456. Origin of the Public Debt .- Before entering on the narration of the Democratic administrations which followed upon the adoption of the Constitution of 1870, it is well to sketch briefly the history of the Internal Improvements which had been fostered by the State, and for whose benefit the public debt was incurred, and which had, in turn, been a most important factor in promoting wealth and prosperity. The policy of aiding these improvements had been pursued imperfectly and irregularly from the early history of the State, but had been more sys- tematic and efficient during the thirty-six years preceding the Constitu- tion of 1870.
457. Public Roads .- The Constitution of 1834 enjoined upon the General Assembly the duty of encouraging a well-regulated system of internal improvements. The improvements which have received aid from the State are: (1) Public roads, (2) navigable waters, (3) turn- pikes, and (4) railroads. Early in its history, the State had encouraged the investment of individual capital and enterprise in opening and clearing out public roads from one important settlement to another. Such, for instance, was the old Walton road, extending from Southwest Point, on the Clinch River, through the Indian reservation called the Wilderness to the Cumberland River, at the mouth of Caney Fork, where Carthage now stands.1
In order to encourage an association of citizens to open and keep this road in repair, the Legislature, in 1801, required the governor to incorporate them under the style of the Cumberland Turnpike Company. with authority to collect tolls from the traveling public. This was the first charter of incorporation for individual profit granted by the State.
458. River Navigation .- After establishing a primitive system of public roads. the State undertook to improve transportation by removing obstructions from her rivers and extending her system of water navi- gation. Two especially bold enterprises were projected. One was
1 Life of Jefferson Dillard Goodpasture, p. II.
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a scheme of Governor McMinn to unite the waters of the Tennessee and Mobile rivers, by means of a canal eleven miles in length, from tlie Hiwassee to the Connasauga, the latter being the only stream in the State whose waters reach the Gulf of Mexico without passing through the Mississippi River. The other was a plan advocated by Governor Cannon, in 1835, to save about four hundred miles in steamboat navi- gation by making a direct connection between the Tennessee and Missis- sippi Rivers, by means of a canal some thirty miles long, from the Ten- nessee to the head of navigation of the Big Hatchie. Commissioners had this route surveyed and reported to Governor Turney as late as 1893. Such were the improvements contemplated by the Legislature when, under the inspiration of the recent completion of the great New York and Pennsylvania canals, it passed the internal improvement act of 1829. Nothing of importance, however, was ever accomplished in the way of improving the water transportation of the State.
459. Turnpikes .- The invention of the macadam system of road- making gave a new direction to the improvement of transportation in the State. As early as 1829, the Legislature chartered the Franklin Turnpike Company, the first of a number of turnpikes incorporated that session. At the same time it declared the State contemplated making a turnpike on the macadam plan, from the Virginia line to the Mississippi River, provided she could obtain the adequate funds, part of which she hoped would be subscribed by the General Government .? In 1831, the Legislature authorized the investment of public school and academy funds as well as the internal improvement funds of the several counties in the stock of turnpike companies. In this way, the Nashville, Mur- freesboro and Shelbyville Turnpike Company received more than $50,000 of public funds. Under the internal improvement acts of 1835-36 and 1837-38, macadamized, graded and sanded turnpikes received $1.402,000 of State bonds.
460. Public Attention Turned to Railroads .- In 1831, the people of Tennessee undertook the promotion of railroad construction with the greatest enthusiasm. In August, a convention was held at Abingdon for the purpose of considering the construction of a railroad from Lynchburg to Knoxville. In December. Gen. Richard G. Dunlap. Chairman of the House Committee on Internal Improvement reported favorably on the bill presented to the Legislature by the Abingdon con- vention. At the same session, the Memphis Railroad Company is said
2 Resolution No. 21, Private Acts of 1829, p. 299.
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to have been chartered;3 if so, it was the first railroad incorporated in Tennessee.
461. The Act of 1835-36 .- The Legislature, in 1835-36, adopted a general plan of internal improvements. The objects to be encouraged were macadamized turnpikes, and railroad. When two-thirds of the capital stock of any such corporation was subscribed for by private parties, the State agreed to take the remaining one-third, and pay for the same in five-and-a-quarter per cent bonds. The only railroad that received State aid under this act was the Lagrange and Memphis. This road was never completed.
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