708 



TENNESSEE. 



it require that I shall call into the field the whole 

 available force at my command to do so. 

 In testimony whereof, I have hereunto subscribed 



my name and caused the Great Seal of the State 

 [L. s.] to be affixed, at the department in Nashville, 



this 1st day of July, A. D. 1867. 

 By the Governor: W. G. BKOWNLOW. 



A. J. FLETCHER, Secretary of State. 



On the 4th of July Mr. Gaut published a 

 defence of his interpretation of the law, but 

 concluded with the following suggestion : 



While the committee regard the recent proclama- 

 tion of Governor Brownlow as extraordinary and 

 without a parallel in history, and in clear violation 

 of the laws of the land, and intended to incite his 

 militia and partisans to acts of lawless violence and 

 bloodshed, yet to avoid strife and conflict, and for 

 the repose of society, and }t may be to save life and 

 the eflusion of blood, the committee beg leave to sug- 

 gest to the people of the State, to the County Courts, 

 and the judges appointed by them, to forbear the ex- 

 ercise of what we believe to be a clear and unquestion- 

 able right ; and let the judges appointed by the com- 

 missioner of registration hold the election on the first 

 Thursday in August next. 



A few days after this, the Governor's proclama- 

 tion appeared, directing the commissioners of 

 registration to appoint the judges and clerks of 

 elections, and the sheriffs, to hold the election 

 on the first Thursday in August. He concludes 

 by ordering the commanders of the State 

 Guards to arrest Judge Gaut or any member 

 or agent of the Conservative Central Commit- 

 tee who should persist in the efforts to defeat 

 the execution of the franchise law, as con- 

 strued in his proclamation of July 1st, and to 

 break up and disperse all assemblies collected 

 for the purpose of holding illegal elections or 

 interfering with those regularly called and con- 

 ducted. 



Bitter complaints were made in several coun- 

 ties with regard to the treatment received by 

 citizens at the hands of the militia. Meetings 

 were held in several towns for the purpose of 

 protesting against the conduct of these soldiers. 

 In Franklin County, on the 27th of May, a man 

 by the name of James Brown was taken from 

 his house and shot by some men belonging to 

 the militia ; and at a public meeting held a few 

 days after, a petition was drawn up, addressed 

 to the President of the United States, entreat- 

 ing that this "lawless band" might be re- 

 moved. There were other charges of criminal 

 outrages against these troops, but they were 

 kept on foot until after the election, when all 

 but five companies were disbanded. 



In the mean time an excited political canvass 

 was going on throughout the State, and pop- 

 ular disturbances at the mass-meetings were 

 frequent ; in some cases public speakers were 

 fired-upon, and disorders ensued which resulted 

 in bloodshed. In July there was a collision 

 between the members of a colored " Union 

 League" in the town of Franklin, who were 

 parading on occasion of a Republican -mass- 

 meeting, and other citizens of that place, which 

 resulted in a promiscuous firing of guns in the 

 street. One man was killed, and upward of 

 forty were wounded. A detachment of troops 



was sent to the locality at once, and no serious 

 attempt was made to renew the disturbance. 



The position and intentions of the United 

 States military commander, with regard to the 

 approaching election, may be seen by the fol- 

 lowing letters of instruction issued to the dis- 

 trict commander at Nashville : 



HEADQUARTERS DEP'T OP TUB CUMBERLA 

 OFFICE OF ASSISTANT ADJUTANT-GENERAL. 

 LOUISVILLE, KY., July 16, 1867 



* D 1 j 



Brevet Brigadier-General Thomas Duncan, command' 



ing District of Nashville, Nashville, Tennessee : 



GENERAL : As there is some doubt in the minds of 

 officers commanding posts and detachments in the 

 State of Tennessee, as to their duties in reference to 

 the approaching election, the major-general com- 

 manding directs me to furnish you with the follow- 

 ing instructions on the subject : 



It is not the duty of officers commanding troops to 

 see to the enforcing of the laws of Tennessee except 

 when called uoon by the proper civil authorities. In 

 the matter ol enforcing the franchise law, upon 

 which in a great measure depends the result of the 

 election in Tennessee, the troops should not approach 

 the polls, or in any way intertere with the election, 

 except upon orders from these headquarters, issuea 

 upon application of the Governor, mayor of a city, or 

 otker civil officers, to General Thomas. The officers 

 'in command will, however, at all times, assume the 

 right, and consider it their duty, to suppress riot and 

 prevent bloodshed when in their power. 



As there will probably be more danger of riots on 

 election day, and at political meetings, than at other 

 times, it would be well that the troops be kept in 

 hand at their quarters on such days for the two rea- 

 sons, that there may be no charges against them of 

 interference with the election or political affairs, and 

 that they may be in readiness to suppress riot. 



Whenever the troops do move to the assistance of 

 the civil authorities, it should be for the purpose of 

 seeing that no persons interfere with tne officers 

 of the law to prevent them from the proper exercise 

 of their ofllces, and not for the purpose of making 

 arrests ; neither will officers in command allow 

 themselves to be made the custodians of prison- 

 ers after arrest, except when the civil officers making 

 the arrest declare themselves unable to retain the 

 prisoners in custody ; when the officer in command 

 of the troops will take measures to prevent their es- 

 cape for a snort time while the civil authorities make 

 preparations to secure them. 



Should there be reasons why the military should, 

 in the opinion of the commanding officer of the 

 troops, retain custody of the prisoners for a longer 

 time than that contemplated in these instructions, 

 the case will be reported through the proper channel 

 to these headquarters and instructions asked. 



Very respectfully, your obedient servant. 



(Signed) WM. D. WHIPPLE, 

 Brevet Major-General U. S. A., Assistant Adjutant 



General. 



HEADQUARTERS DEP'T OF THE CUMBERLAND, | 

 OFFICE OF ASSISTANT ADJUTANT- GENERAL, y 

 LOUISVILLE, KT., July 19, 1867. ) 

 Brevet Brigadier- General Thomas Duncan, command- 

 ing District of Nashville, Nashville, Tennessee : 

 GENERAL : In addition to the instructions contained 

 in letter from these headquarters, of 16th inst., the 

 major-general commanding the department directs 

 me to add that you will consider the militia of the 

 State of Tennessee, called out under the act of the 

 Legislature passed, last winter, as among the regularly 

 constituted authorities of the State. 

 Very respectfully, your obedient servant, 



(Signed) WM. D. WHIPPLE, 

 Brevet Major-General U. S. A., Assistant Adjutant- 

 General. 



