USA > Tennessee > Davidson County > Nashville > Polk's Nashville (Davidson county, Tenn.) city directory 1865 > Part 10
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Foster, 1st, Russell Houston, Wm. B. Lewis, John M. Lea, John S. Brien, James Whitworth, N. Hobson, John Hugh Smith, and John M. Bass, should meet the Commanding General, make a formal sur- render of the city to him, and negotiate for the best terms they eould in regard to the protection of the property and rights of the citizens. At the appointed hour the Mayor and committee crossed the river in the steamer "C. E. Hillman," which had been placed at their disposal, where they were met by Generals Nelson and Mitchell, by whom they were escorted to General Buell's headquarters. What transpired at this meeting of the representatives of the conquerors and the con- quered, remains, and is likely to remain, a portion of the unwritten history of the war. General Buell was solicited, as we understand, to issue a proclamation to the people defining the policy of his Govern- ment, but he declined, assigning as a reason, that he preferred to let his acts speak for themselves. Mayor Cheatham issued the following proclamation the day succeeding the interview :
" PROCLAMATION.
" The committee representing the city authorities and the people have discharged their duty by calling on General Buell, at his headquarters, in Edgefield, on yesterday. The interview was perfectly satisfactory to the committee, and there is every assurance of safety and protection to the people, both in their persons and in their property. I therefore respectfully request that business be resumed, and all our citizens, of every trade and profession, pursue their regular vocations.
" The county elections will take place on the regular day, and all civil business be conducted as heretofore; and the Commanding General as- sures me that I can rely upon his aid in enforcing our police regulations. One branch of business is interdicted-the sale or giving away of intoxica- ting liquors. I shall not hesitate to invoke the aid of General Buell in case the recent laws upon this subjeet are violated .*
* The following is the law to which the Mayor referred :
AN ACT TO PROTECT THE PEACE AND QUIET OF THE CITY OF NASHVILLE.
SECTION 1. Be it enacted by the City Council of Nashville. That it shall hereafter be unlawful for any person to sell or give away any intoxicating liquors, except for medicinal purposes, and then only upon the written prescription of some one of the physicians appointed by the Mayor ; which prescription shall state specifically the quantity needed. Any person violating the provisions of this bill shall be fined, for each offense, not less than twenty-five nor more than fifty dollars, besides suffering a forfeiture of his, her, or their liquors.
SECTION 2. Any person found intoxicated on the streets, lanes, alleys or other public places within the city, shall be fined not less than twenty-five nor more than fifty dollars, and shall, upon oath, declare the name or names of those furnishing him or her the liquors upon which he or she became intoxicated, who shall be arrested and fried upon such information ; and upon a failure to make such discovery, the party refusing shall be fined twenty-five dollars,
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"I most earnestly call upon the people of the surrounding country, who are inside of the Federal lines, to resume their commerce with the city, and bring in their market supplies, especially wood, butter and eggs, assuring them that they will be fully protected and amply remu- nerated. R. R. CHEATHAM, Mayor.
" February 26, 1862."
Subsequently (on the 5th of March), General Buell published the following general order, which, it will be seen, bears the same date as Mayor Cheatham's proclamation :
" GENERAL ORDERS-NO. 13A.
" HEADQUARTERS DEPARTMENT OF THE OHIO, } Nashville, Tenn., February 26, 1862.
" The General Commanding congratulates his troops that it has been their privilege to restore the national banner to the capital of Tennes- see. He believes that thousands of hearts in every part of the State will swell with joy to see that honored flag reinstated in a position from which it was removed in the excitement and folly of an evil hour; that the voice of her own people will soon proclaim its welcome, and that their manhood and patriotism will protect and perpetuate it.
" The General does not deem it necessary, though the occasion is a fit one, to remind his troops of the rule of conduct they have hitherto observed and are still to pursue. We are in arms, not for the purpose of invading the rights of our fellow-countrymen any-where, but to main- tain the integrity of the Union, and protect the Constitution under which its people have been prosperous and happy. We can not, there- fore, look with indifference on any conduct which is designed to give aid and comfort to those who are endeavoring to defeat these objects; but the action to be taken in such cases rests with certain authorized per- sons, and is not to be assumed by individual officers or soldiers. Peace- able citizens are not to be molested in their persons or property. Any wrongs to either are to be promptly corrected, and the offenders brought to punishment. To this end, all persons are desired to make complaint to the immediate commander, of officers or soldiers so offending, and if justice be not done promptly, then to the next commander, and so on until the wrong is redressed. If the necessities of the public service should require the use of private property for public purposes, fair com- pensation is to be allowed. No such appropriation of private property is to be made except by the authority of the highest commander present, and any other officer or soldier who shall presume to exercise such priv-
and be confined in the work-house until such discovery is made by them. This act to take effect from its passage.
Approved February 24, 1862.
S. B. AVERY, Carpet Dealer, 64 West Fourth Street, Cincinnati, O. See Advertisement.
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ilege shall be brought to trial. Soldiers are forbidden to enter the resi- dences or grounds of citizens on any plea without authority.
" No arrests are to be made without the authority of the Command- ing General, except in cases of actual offense against the authority of the Government; and in all such cases the fact and circumstances will immediately be reported in writing to headquarters through the inter- mediate commanders.
"The General reminds his officers that the most frequent depredations are those which are committed by worthless characters who straggle from the ranks on the plea of being unable to march; and where the ina- bility really exists, it will be found in most instances that the soldier has overloaded himself with useless and unauthorized articles. The orders already published on this subject must be enforced.
" The condition and behavior of a corps are sure indications of the efficiency and fitness of its officers. If any regiment shall be found to disregard that propriety of conduct which belongs to soldiers as well as citizens, they must not expect to occupy the posts of honor, but may rest assured that they will be placed in positions where they can not bring shame on their comrades and the cause they are engaged in. The Gov- ernment supplies with liberality all the wants of the soldier. The occa- sional deprivations and hardships incident to rapid marches must be borne with patience and fortitude. Any officer who neglects to provide properly for his troops, or separates himself from them to seek his own comfort, will be held to a rigid accountability.
" By command of General BUELL.
"JAMES B. FRY, A. A. G., Chief of Staff. "Official: J. M. WRIGHT, A. A. G."
Thus, after ten days, and they were days of much anxiety to many, were we turned over to the Federal authorities. The agony was over, and so far nothing had occurred which seemed to justify the course of those who had so frantically torn themselves from their homes when the news of the reverse to the Rebel arms at Fort Donelson reached here.
Governor Andrew Johnson, who had been appointed Brigadier General and Military Governor of Tennessee, by President Lincoln, arrived in Nashville, from Washington, on the 12 th of March, 1862. On the evening of the 13th Governor Johnson was serenaded at his quarters at the St. Cloud, and he responded to the compliment paid him in a brief speech, indicating the policy by which he should be governed in the discharge of his delicate and responsible duties. On the 20th he issued a formal address to the people of Tennessee, more clearly marking out his policy.
A called meeting of the two Boards composing the City Council
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was held Thursday evening, the 27th of March, President Rhea of the Board of Aldermen presiding, to act upon a communication from Governor Johnson, when the Recorder read the following:
" MESSAGE FROM MAYOR CHEATHAM.
" MAYOR'S OFFICE, March 25, 1862.
"TO THE CITY COUNCIL: I submit for your consideration the accompa" nying communication from Governor Andrew Johnson.
" Very respectfully,
R. B. CHEATHAM."
"NOTE FROM GOVERNOR JOHNSON.
"SECRETARY'S OFFICE, Nashville, Tenn., March 25, 1862.
" To the Mayor, Members of the Common Council, Police, and other Officials of the City of Nashville :
"GENTLEMEN: In pursuance of the first section of the 10th article of the Constitution of the State of Tennessee, each of you are required to take and subscribe the oath herewith inclosed; and said oath, when so taken and subscribed, you'll return to this office by Friday next.
" Yours, etc., ANDREW JOHNSON, Governor. "EDWARD H. EAST, Secretary of State."
"BLANK AND OATH ACCOMPANYING THE GOVERNOR'S LETTER.
"STATE OF TENNESSEE, - - COUNTY. "On this, the - day of -, 1862, personally appeared before me - of the -, and took and subscribed the following oath, in pursuance of the first section of the tenth article of the Constitution of the State of Tennessee, which is as follows : 'Every person who shall be chosen or appointed to any office of trust or profit under this Constitution or any law made in pursuance thereof, to take an oath to support the Consti- tution of this State, and of the United States, and an oath of office,' (he having already taken an oath to support the Constitution of Tennessee) to wit:
"I, -, do solemnly swear that I will support, protect and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any law, ordinance, resolution or convention to the contrary notwithstanding; and further, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever; and further, that I will well and faithfully perform all the duties which may be required of me by law- so help me God.
"Sworn and subscribed to before me, 17
President Rhea stated that the Mayor and himself had, by request, conferred with three of the best lawyers in the city, one of whom
S. B. AVERY, Carpet Dealer, 64 West Fourth Street, Cincinnati, O. See Advertisement.
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was one of the revisers of the Code of Tennessee. Two of these thought the requirement of any such oath was not contemplated by the Constitution of Tennessee, or embraced within the meaning of the first section of the tenth article of that instrument. The other gentleman declined to give an answer, as it was a new question to him, his attention not having heretofore been ealled to it. After confer- ring with these gentlemen, he had drawn up a reply to the Governor, which could be read, and if it was approved by the Council, could be sent as the opinion of the two boards of the City Council. The reply was read as follows :
" CITY HALL, Nashville, March 27, 1862. "General ANDREW JOHNSON, Military Governor of the State of Tennessee :
"SIR: Your communication of the 25th instant, requiring the Mayor, members of the City Council, Police, and other City officials, to take an oath to support the Constitution of the United States, pursuant to the first section of the tenth article of the Constitution of the State of Ten- nessee, has been received and duly considered.
"We respectfully beg leave to submit the following facts for your Excel- leney's consideration :
"Since we have had any connection with the city government, which, in some cases, has been for several years, we have never before been required to take any other oath than the simple oath of office, to dis- charge our respective duties faithfully ; and upon a reference to the records of the city, running back for twenty-five or thirty years, we find that no former Mayor nor Aldermen have taken any oath to support either the Constitution of the State of Tennessee or the United States ; but the understanding seems to have been that the provisions of the Constitution referred to applied only to State and county, and not to cor- poration officers.
"We have also consulted some of our best lawyers upon the subject, and the majority of them are of opinion that we, as municipal officers, do not come within the purview and meaning of said section of the Con- stitution, but that the same applies alone to State and county officials.
"Under the foregoing facts and circumstances, and we having taken the only oath ever taken by, or required of, any of our predecessors, and never having been required to take any oath inimical to our allegiance to the United States or the State Government, we respectfully ask to be excused from taking the oath sent us, honestly believing that, under the Constitution and our charter, we are not properly subject to such require- ment, and believing that the same was made of us under a misapprehen- sion of what had been required of us heretofore."
The question was then taken upon the adoption of the reply, and
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the ayes and noes being called for, it was adopted by the following vote :
" AYES-Aldermen Newman, Bell, Woodward, Hinton, Cheatham, Win- ston and President Rhea-7. Councilmen Coltart, Hooper, Demonbreun, Coleman, Haynie, McCann, Hurt, Brodie and President Paul-9. In all, 16.
"NOES-Councilman Clemons."
On the 8th of April Governor Johnson issued the following
" PROCLAMATION.
" WHEREAS, At an election held in the city of Nashville on the last Saturday of September, 186I, for the purpose of electing a Mayor, Alder- men and Common Council for said city, the following officers were elected to the respective offices, to-wit :
" Richard B. Cheatham, Mayor.
" For Alderman of the First Ward-Jno. E. Newman.
" For Councilman of the First Ward-John Coltart and John Hooper.
"For Alderman of the Second Ward-James T. Bell.
"For Councilmen of the Second Ward-Geo. S. Kinnie and Charles S. Thomas.
"For Alderman of the Third Ward-Peyton S. Woodward.
" For Councilmen of the Third Ward-L. F. Beech and Wm. Shane.
"For Alderman of the Fourth Ward-James M. Hinton.
" For Councilmen of the Fourth Ward-Chas. E. H. Martin and W. R. Demonbreun.
" For Alderman of the Fifth Ward-Wm. S. Cheatham.
" For Councilmen of the Fifth Ward-Jordan P. Coleman and W. II. Clemons.
"For Alderman of the Sixth Ward-B. S. Rhea.
" For Councilmen of the Sixth Ward-John S. McCann and James IIaynie.
" For Alderman of the Seventh Ward-A. H. Hurley.
" For Councilmen of the Seventh Ward-Isaac Paul and F. O. Hurt.
" For Alderman of the Eighth Ward-C. K. Winston.
" For Councilmen of the Eighth Ward-John E. Hatcher and C. A. Brodie.
"AND, WHEREAS, The following persons of the afore-named, to-wit: R. B. Cheatham, Mayor, James T. Bell, P. S. Woodward, James M. Ilinton, B. S. Rhea, A. H. Hurley, C. K. Winston, John Coltart, John Hooper, Geo. S. Kinney, Chas. S. Thomas, L. F. Beech, Chas. E. H. Martin, William R. Demonbreun, Jordan P. Coleman, W. H. Clemens, John J. McCann, James Haynie, Isaac Paul, F. O. Hurt, John E. Hatcher and C. A. Brodie have heretofore failed, and now refuse to come forward and be qualified
S. B. AVERY, Carpet Dealer, 64 West Fourth Street, Cincinnati, O. See Advertisement.
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according to law, by taking the oath prescribed in the 10th Article, Sec- tion Ist, of the Constitution of the State of Tennessee, and therein have manifested such disloyalty and enmity to the Government of the United States, as renders it unsafe for the public good that they should exercise the functions of the offices aforesaid. Now, therefore, I, Andrew John- son, Governor of the State of Tennessee, by virtue of the power and authority in me vested, do declare the aforesaid offices vacant, and said persons above mentioned are hereby enjoined from exercising the func- tions of said offices, or performing any of the duties thereof, or receiving the emoluments of the same, from this day.
"And the following-named persons are hereby appointed and commis- sioned, after being duly qualified, to perform the duties of said offices, as required by law, and receive the profits and emoluments thereof until their successors are elected, respectively as follows, to-wit :
"Councilman for First Ward-Wm. Roberts.
" Alderman for Second Ward-John Hu. Smith.
"Councilman for Second Ward-Chas. Walker.
" Alderman for Third Ward-G. A. J. Mayfield.
"Councilman for Third Ward-K. J. Morris.
" Alderman for Fourth Ward-M. M. Monahan.
"Councilmen for Fourth Ward-Lewis Hough and M. Burns. "Councilmen for Fifth Ward-Joseph B. Knowles and W. P. Jones.
" Alderman for Sixth Ward-M. M. Brien.
"Councilmen for Sixth Ward-T. J. Yarbrough and Wm. Driver.
" Alderman for Seventh Ward-M. G. L. Claiborne.
"Councilman for Seventh Ward-Wm. Stewart.
" Alderman for Eighth Ward-Jos. C. Smith.
"Councilman for Eighth Ward-James Cavert. " By order of Governor, " ANDREW JOHNSON.
"EDWARD H. EAST, Secretary of State.
" Nashville, April 7th, 1862."
Upon organizing, the new City Council elected John Hugh Smith, Esq., Mayor. Subsequently the Board of Aldermen elected J. J. Robb Alderman from the Second Ward, to fill the place vacated by Mr. Smith.
Since then the Aldermen and Councilmen have been appointed at the expiration of each municipal year by Governor Johnson, and they have each year re-elected John Hugh Smith Mayor.
The Public Schools, which had been in operation for about seven years, in which over 2,000 of the children and youths of the city received instruction, were suspended by an act passed by the City Council on the 18th of August, 1862. The act postpones the commencement of the schools " to such time as the City Council may see proper ;" and
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that body has not yet ordered the opening of the schools, notwith- standing urgent appeals have been made in favor of such a step.
Of the military operations in and around Nashville, it is not the purpose here to refer in detail, although these operations are a part of the history of the city, and should have a place in the Directory, if there was time to prepare a narrative of these important movements. Toward the latter part of August, General Buell, with the main por- tion of his army, followed Bragg into Kentucky, leaving only a small garrison to protect the city. Shortly afterward communication with the North was cut off, both by telegraph and railroad, and for about three months we received no mails from any direction. Only occa- sionally, when men came through from Louisville on horseback, or in private conveyances, did we receive news of what was going on in "the outside world." It is a fact that the result of the battles fought in Maryland in September of that year, was known in London about the same time as in Nashville. During the period of isolation, the work on the fortifications around Nashville was vigorously pushed forward, and the place was soon put in a tolerably good state of defense. The forts then, and subsequently erected, are known as Forts Negley, Casino, Morton, Gillem, Houston, Johnson and Battery Meigs.
During a good portion of the time when Nashville was isolated ---- which continued two full months-the city was besieged by the Rebels, and considerable skirmisbing occurred at various times.
General McCock's Division, being the advance of the Army of the Cumberland, on its return from Kentucky, under the command of General Rosecrans, arrived in Edgefield on the morning of the 7th of November, and the famous siege was then raised.
General Rosecrans arrived in Nashville on the 10th of November, and established his headquarters in the former residence of George W. Cunningham.
On the 26th of November railroad communication with Louisville was again restored.
During the three years since the occupation of Nashville by the Union army, an immense amount of work has been done here by the Government, which is to be seen in every portion of the city and suburbs, in the shape of warehouses, shops, barracks, dwellings and hospitals. The hospitals erected in the western suburbs of the city are said to be the best suited for the purpose of any in the country.
This hasty and imperfect reference to the important events in the history of Nashville during the past three years, may be appropriately
S. B. AVERY, Carpet Dealer, 64 West Fourth Street, Cincinnati, O, See Advertisement.
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closed with the following account of the battle fought before this city at the elose of last year, written by Captain James F. Rusling, Chief Assistant Quartermaster, Department of the Cumberland, and pub- lished in the United States Service Magazine, which the author has kindly granted us the privilege of inserting :
" THE BATTLE AT NASHVILLE.
" We have glanced over most of the newspapers of the day, and have read some well written accounts of the recent battles here, but so far have met with none that elueidate the facts as they actually occurred. With a view to this, and as a humble contribution to current history, in order to put fairly on record the great events that have just transpired here, we propose to give in extenso, but as briefly as possible, such an account of the same as to an eye-witness here- 'part of which I was, and all of which I saw'-seems true and logical.
"It will be remembered, that on or about the 20th day of Novem- ber, Hood crossed the Tennessee, and with his whole army pushed straight for Pulaski. Our cavalry, which was then too feeble for more than observation, fell back covering our infantry, and both retired without much fighting to the vicinity of Columbia. Here, posted behind Duck river, some show of fighting was made, but only a show. Our forces were pressed so closely, that we had only time to destroy the Railroad bridge, and, hastily setting fire to the pontoon bridge, abandoned it to the enemy. Thence to Franklin, but eighteen miles from Nashville, it was a scrub race, to see which army should first eross Harpeth river. If Hood crossed first, Schofield was eut off, and Nashville, with its vast stores-a most tempting prize to the
starved and ragged rebels-was likely to fall. But if Schofield erossed first, his trains were safe, and a stand at Franklin would enable Thomas at Nashville to collect well the forces already hasten- ing to his relief. It will be recollected that Thomas was in chief command, but remaining in Nashville, because the natural brain of our movement here, while Schofield was in command of the forces in the field actually before Hood. Fortunately for the country, the race to Franklin was won by Schofield, and once across the Harpeth he gathered up all his forces and planted them like a rock in the path of the advancing enemy. His infantry was outnumbered, and his cavalry in effect nowhere ; but he had nevertheless to fight Hood now, both to give Thomas needed time, and to enable his own trains to get safely
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off. Hood, confident of success, lost no time in attacking, and though terribly bruised, as his own official report well discloses, was nevertheless yielded possession of the battle-field, and our own forces, under cover of the night, withdrew in good order to the defenses of Nashville .* But the time thus gained by us was every thing, more precious to Thomas " than gold, yea than much fine gold." Our wagon trains, though sorely beset by Forrest, in the main had been got off safely to Nashville, and meanwhile the last of A. J. Smith's command had arrived from Missouri, and at the last moment Steedman, just in the nick of time "to save his bacon," got in from Chattanooga. In truth, he did not save it entirely, as a few of his last cars, loaded with troops, were attacked and captured by Forrest, almost within sight of Nashville. Hood, apparently nothing abashed by his pup- ishment at Franklin, followed close on our heels, as we withdrew to Nashville, and the next day completed his investment of the city, from the river round to the river again. Any tolerable map will now show the situation here very clearly. At Nashville, the Cumberland makes a sharp bend north, and within the bend, on the south side of the river, lies the city. Hood at once stretched his forces across the bend, along the crests of a series of hills, some four or five miles or so from the city, his flanks covered by cavalry, and thus boldly con- fronted our own works, on a somewhat similar but better series of hills, nearer of course to Nashville. He thus sat down seriously before our works, cutting our communications with Johnsonville, Decatur, and Chattanooga, and immediately began to feel our lines, as if meaning to attack. Next he planted batteries on the Cumber- land, and thus closed that artery for supplies to all but armored gun- boats. Our only line of communication thus left open was the Louis- ville and Nashville Railroad, already overwhelmed with Government rolling stock, withdrawn from Nashville and below, and a slender precarious line, at best, nearly 200 miles in length, liable to be cut by guerrillas at any moment, and which Forrest was only waiting for the Cumberland to fall, to cross and smash at his leisure. We were thus pretty thoroughly cooped up and penned in for a time, and timid people at a distance, who knew nothing about our strength or the
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