Disunion and Restoration in Tennessee: Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in the Faculty of Political Science, Columbia UniversityNeal, John Randolph
History
Disunion and Restoration in Tennessee: Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in the Faculty of Political Science, Columbia University
Neal, John Randolph
Reconstruction (U.S. history, 1865-1877) -- Tennessee; Tennessee -- Politics and government -- 1861-1865; Thesis (Ph. D.)
The act further provides, that “no indictment shall be required for
prosecution, and no indictments held insufficient for want of form;
that where any sheriff or other officer shall return process issued
under the act, unexecuted, an alias shall issue, and the officer shall
give notice to the inhabitants of the county of such alias by posting
a notice at the court-house door, and if the inhabitants shall permit
the defendant to be or live in the county without arrest, they shall
be subject to an assessment of not less than five hundred dollars and
not more than five thousand dollars; that all the inhabitants of the
State shall be authorized to arrest offenders under the act, without
process; that every public officer shall swear that he has never been
a member of the Ku-Klux Klan.“ The measure of damages was as follows:
For entering the house or place of residence of any officer at night,
in a hostile manner, or against his will, ten thousand dollars; and
for the killing of any peaceable individual at night, twenty thousand
dollars. All other damages were to be assessed in proportion.[17]
Even the passage of this extraordinary law did not satisfy Governor
Brownlow. Under his guidance, the Legislature re-enacted the military
laws, and conferred upon him the power to declare martial law whenever
and wherever he saw fit. He did not suffer this prerogative to remain
idle. On the 20th of January, 1868, he called the State Guards into
active service. Several days later he issued the following
proclamation:
“_Whereas_, There are now sixteen hundred State Guards at
Nashville armed and equipped under the command of Joseph
Cooper; and _Whereas_, These troops are intended to preserve
peace and enforce the laws in counties heretofore in partial
rebelion.
“Now, therefore, I, W. G. Brownlow, Governor of Tennessee,
do hereby proclaim martial law in and over the following
named counties, to wit: Overton, Jackson, Maury, Giles,
Marshall, Lawrence, Gibson, Madison, and Haywood.
“And I further direct that General Cooper distribute these
troops at once and continue them in service until
unmistakable evidence is given by all parties of a
disposition to keep the peace.
“W. G. BROWNLOW,
“_Governor of Tennessee_.”
The counties named in the proclamation were among the richest and most
populous in the State. Their prominent citizens were unanimous in
condemning what they conceived to be the tyrannical and arbitrary
action of the Governor. The following is a fair sample of the numerous
protests made through the public press[18]:
Public-domain text, read in full here on John Shaqi.
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