CHAPTER I

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DISUNION AND RESTORATION IN TENNESSEE

by

JOHN RANDOLPH NEAL, M.A., LL.B.

Submitted in Partial Fulfillment of the Requirements

for the Degree of Doctor of Philosophy

in the Faculty of Political Science

Columbia University

New York

The Knickerbocker Press

1899

CONTENTS.

CHAPTER PAGE

I. SEPARATION 1

II. RESPONSIBILITY FOR SEPARATION 12

III. LOYALTY OF EAST TENNESSEE 16

IV. RESTORATION OF CIVIL GOVERNMENT 24

V. RECOGNITION BY CONGRESS 32

VI. TENNESSEE AND THE NEW AMENDMENTS 39

VII. FINANCIAL ADMINISTRATION OF THE RADICAL GOVERNMENT 44

VIII. RADICAL MUNICIPAL ADMINISTRATION 52

IX. KU-KLUX OUTRAGES 57

X. CLOSE OF THE RADICAL DOMINATION 66

XI. CONSTITUTIONAL CONVENTION OF 1870 74

DISUNION AND RESTORATION IN TENNESSEE

CHAPTER I

SEPARATION

The vote of Tennessee in the presidential election of 1860 shows

conclusively that at that time a majority of her citizens did not hold

disunion sentiments. Her electoral vote was cast for John Bell and

Edward Everett, who represented, as their platform expressed it, “no

political principle other than the Constitution of the country, the

Union of the States, and the enforcement of the laws.”

The first step toward secession was not the result of popular

initiative, but was mainly due to the efforts of the Governor of the

State, Isham G. Harris. Governor Harris had entered public life just

after the rupture between Andrew Jackson and Hugh Lawson White, which

had resulted in the formation, in Tennessee, of the Whig party. For

thirty years the Whigs and Democrats contended for the control of the

State. They were so equally matched that victory often turned upon the

individual strength of the candidate. This resulted in the development

of a class of public men who possessed, in a high degree, the usually

divergent abilities of public speakers and party leaders. From this

school of practical politics were graduated James K. Polk, Cave

Johnson, Felix Grundy, John Bell, and Andrew Johnson.

The contest between the Whigs and Democrats, which was at first merely

a personal quarrel, soon ripened into a division along true party

lines. The Democrats, after the death of Andrew Jackson, joined the

national Democratic party in its struggle for the perpetuation and

extension of slavery. The Whigs on the other hand shared in the broad

policies and national aspirations of the national Whig party.

Governor Harris had at the very beginning of his career allied himself

with the Democrats. As early as 1849, he had been elected to Congress,

where he became conspicuous for his advocacy of extreme State rights.

In 1857 he defeated Neil S. Brown for governor, and was re-elected in

1859. It was not difficult to predict what his action would be in the

crisis of 1860. Immediately after the election of President Lincoln,

he issued a call for an extra session of the Legislature. It convened

on the seventh day of January, and on the same day he sent in his

message. This message is worthy of study, as it has been pronounced by

a distinguished writer to be “the ablest and most succinct as well as

the most intelligent presentation and justification of the reasons for

the action of the seceding States.”[1] It began with the following

description of the crisis confronting the State: “The long,

systematic, and wanton agitation of the slavery question, with actual

and threatened aggressions of the Northern States and a portion of

their people upon the well-defined constitutional rights of the

Southern citizens, the rapid increase of a purely sectional party,

whose bond of union is uncompromising hostility to the rights and

institutions of the fifteen Southern States, have produced a condition

in the affairs of the country unparalleled in the history of the past,

resulting already in the withdrawal from the Confederacy of one of the

sovereignties which compose it, while others are rapidly preparing to

move in the same direction.”[2]

This opening statement was followed by an historical review in which

was traced the growth of the Republican party. The offences it had

committed against the Southern States were then enumerated. Among

other things, he said:

“It has sought to appropriate to itself, and to exclude the

slaveholders from, the territory acquired by the common

blood and treasure of all. It has, through the

instrumentality of the Emigrants’ Aid Society under State

patronage, flooded the territories with its minions armed

with Sharp’s rifles and bowie knives, seeking thus to

accomplish by intimidation, violence, and murder what it

could not do by constitutional means.

“It claimed the constitutional right to abolish slavery in

the District of Columbia, the forts, arsenals, dock-yards,

and other places ceded to the United States within the

bounds of the slaveholding States. It proposed a prohibition

of the slave-trade between the States, thereby crowding the

slaves together, and preventing the exit south until they

became unprofitable to such an extent that it would force

the owner finally to abandon them in self-defence. It has,

by the deliberate legislative enactments of a large majority

of the Northern States, openly and flagrantly nullified the

clause of the Constitution which provided for the return of

fugitive slaves.

“It has, through the executive authority of the States,

denied the extradition of murderers and marauders.

“It obtained its own compromise in the Constitution to

continue the importation of slaves, and now sets up a higher

law than the Constitution to destroy the property imported

and sold to us by their fathers.

“It has caused the murder of owners in the pursuit of the

fugitive slave, and shielded from punishment the murderers.

“It has on many occasions sent its emissaries into the

Southern States to corrupt our slaves, induce them to run

off, and excite them to insurrection. It has by its John

Brown and Montgomery raids invaded sovereign States and

murdered peaceful citizens. It has justified and exalted to

highest honors of admiration the horrid murders, arsons, and

rapines of the John Brown raid, and canonized the felons as

saints and martyrs.

“It has burned the towns, poisoned the cattle, and conspired

with the slaves to depopulate Northern Texas. In has through

certain leaders proclaimed to the slaves the terrible motto:

‘Alarm to the sleep, fire to the dwellings, and poison to

the food and water of the slaveholders.’

“It has repudiated the decision of the Supreme Court.

“It has assailed our rights, guaranteed by the plainest

provisions of the Constitution, from the floor of each House

of Congress, the pulpit, the hustings, the schoolroom, their

State Legislatures, and through the public press, dividing

churches, and disrupting political parties and civil

government.”

The party that had committed the offences enumerated was in possession

of the House of Representatives, and had elected one of its leaders to

the presidency, and in the progress of events the Supreme Court and

Senate must also pass into its hands. With such a party in power,

Governor Harris contended that the Union could be preserved only on

the condition that certain amendments to the Constitution should be

adopted, which would put slavery beyond its attacks.

The amendments he suggested were:

1. Establish a line upon the northern boundary of the present slave

States, extend it through the territories to the Pacific Ocean, upon

such parallel of latitude as will divide them equitably between North

and South, expressly providing that all territory now owned, or that

may be hereafter acquired, north of said line shall be forever free,

and south of it forever slave.

2. In addition to the fugitive-slave clause, provide, that, whenever a

slave has been demanded of the executive authority of the State to

which he has fled, and is not delivered, and the owner permitted to

carry him out of the State in peace, the State so failing to deliver

shall pay to the owner double the value of such slave, and secure his

right of action in the Supreme Court.

3. Provide for the protection of the owner in the peaceable possession

of his slave while in transition or temporarily sojourning in any of

the States of the Confederacy, and, in the event of the slave’s

escaping or being taken from the owner, require the State to return,

or account for, him as in the case of a fugitive.

4. Especially prohibit Congress from abolishing slavery in the

District of Columbia, in any dock-yard, navy-yard, arsenal, or any

district of any character whatever, within the limits of any slave

State.

5. Provide that these amendments shall never be changed except by

consent of all the slave States.

With these amendments to the Constitution, Governor Harris said that

he could feel that the rights of the Southern States were reasonably

secure, not only in theory, but in fact, and should indulge the hope

of living in the Union in peace. “If the non-slaveholding States

refuse to comply with a demand so just and reasonable; refuse to

abandon at once and forever their unjust war upon us, our

institutions, and our rights; refuse, as they have heretofore done to

perform, in good faith, the obligations of the compact of the Union,

much as we appreciate the power, prosperity, and glory of this

government, deeply as we deplore the existence of the causes which

have already driven one State out of the Union, much as we regret the

imperative necessity which they have wantonly and wickedly forced upon

us, every consideration of self-preservation and self-respect requires

that we should assert and maintain our equality in the Union, or our

independence out of it.”

The message closed with the following recommendation to the

Legislature: “I recommend that you provide by law for submitting to

the people of the State the question of Convention or No Convention;

and also the election of delegates by the people to meet in State

Convention at the Capitol at Nashville, at the earliest day

practicable, to take into consideration our federal relations, and

determine what action shall be taken by the State of Tennessee for the

security of the rights and the peace of her citizens. This will place

the whole matter in the hands of the people, for them, in their

sovereignty, to determine how far their rights have been violated, the

character of the redress or guaranty they will demand, or the action

they will take for their present and future security.”

The Legislature proceeded without delay to put into effect the

recommendations contained in Governor Harris’s message. On January

19th it passed an act known as the Convention Bill,[3] which provided

for submitting the question of holding a convention to the vote of the

people. The convention was to take into consideration the relation

between the government of the United States and the people of the

State, and was to have the power to adopt any measures for vindicating

the sovereignty of the State and the people it saw fit.

Only a few days intervened between the passage of the Convention Bill

and the day appointed for taking the popular vote; nevertheless, an

exciting canvass of the State ensued. The people came together in vast

crowds to hear the question debated. The Whig leaders were almost

unanimous in their opposition. They were joined by the Democrats of

East Tennessee. The vote was taken on the fifth of February, 1861. The

result was: 24,749 for the Convention; and, 91,803 against it.

This defeat put a stop for the moment to all official action, as the

Legislature had adjourned, but the public agitation and discussion

continued. The disunion sentiment began to grow very rapidly as a

result of events which were transpiring outside the State. Amid the

intense excitement which followed the taking of Fort Sumter, Governor

Harris issued a call for a second extra session of the Legislature. On

the 18th of April he had replied to President Lincoln’s call for

troops: “Tennessee will not furnish a single man for coercion, but

fifty thousand, if necessary, for the defence of our rights and those

of our Southern brothers.”

The Legislature convened on the twenty-seventh of April. The public

were excluded from its meeting, and its members were pledged to

secrecy. The session opened with the reading of the gubernatorial

message,[4] which asserted that the President of the United States had

wantonly inaugurated an internecine war upon the people of the slave

States. “This war,” he said, “is likely to assume an importance,

nearly, if not equal to the struggle of our revolutionary fathers in

their patriotic efforts to resist usurpations and throw off the

tyrannical yoke of the British Government.

“This declaration of war upon the South has virtually dissolved the

Union. It will be idle to speak of ourselves any longer as members of

the Federal Union; and it is believed by many whose opinions are

entitled to the highest respect, that, by reason of the subversion of

the Constitution by the authorities in power, inaugurating a

revolution between the States thereof, each and every individual is

already released from his obligations to that government; yet, as best

comports with the dignity of the subject, and also from due regard to

those who may hold a different opinion――and further still, that all

the world may be advised of our action,――I respectfully recommend that

our connections with the Federal Union be formally annulled in such

manner as shall involve the highest exercise of the sovereign

authority of the people of the State and best secure that harmony, so

much to be desired, in times like the present, in questions of detail.

The speediest method of accomplishing this will be the perfecting of

an ordinance by the Legislature formally declaring the independence of

the State of Tennessee of the Federal Union, renouncing its authority,

and resuming each and every function belonging to a separate

sovereignty; and said ordinance when perfected should be submitted to

a vote of the people to be by them adopted or rejected. Under existing

circumstances I can see no propriety in encumbering the people of the

State with the election of delegates, to do that which is in our power

to enable them to do directly for themselves. The most direct as well

as the highest act of sovereignty, according to our theory, is that by

which the people vote, not merely for men, but for measures submitted

for their approval or rejection. Since it is only the voice of the

people that is to be heard, there is no reason why they may not as

readily and effectively express themselves upon an ordinance framed

and submitted to them by the Legislature as if submitted by a

convention.“

The Legislature was as eager as before to execute the will of the

Governor. It embodied his recommendations in an act passed May 6,

1861.[5] This act contained two important provisions. The first was:

“Declaration of Independence and Ordinance dissolving the

federal relations between the State of Tennessee and the

United States of America.

“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 obligation 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 obligations, restraints, duties, incurred

thereto; and do hereby henceforth become a free, sovereign,

and independent State.“

This ordinance was to be submitted to a direct vote of the people. Two

sets of tickets were to be prepared; one set marked Separation, the

other Non-Separation. Those favoring the ordinance were to vote the

former ticket, those opposed, the latter. The act of May 6th further

provided for the submission at the same election of the question as to

whether Tennessee, if it severed its relations with the Union, should

join the Confederacy. This question was also embodied in the form of

an Ordinance.

But the Governor and the Legislature did not wait for the popular

verdict upon these Ordinances. As early as May 7th, they extended an

invitation to the Confederacy to select Nashville as its capital city.

A few days later a still more extraordinary step was taken. Governor

Harris, acting under a joint resolution of the Legislature, appointed

three commissioners to negotiate a military league with the

Confederate authorities. These commissioners, representing the State

of Tennessee, and Mr. Henry W. Hilliard, an agent of the Confederacy,

drew up the following agreement:

“Convention between the State of Tennessee and Confederate

States of America.[6]

“The State of Tennessee, looking to a speedy admission into

the Confederacy established by the Confederate States of

America, in accordance with the Constitution for the

Provisional Government of said States, enters into the

following temporary Convention, Agreement, and Military

League with the Confederate States, for the purpose of

meeting pressing exigencies affecting common rights,

interests, and safety of said State and said Confederacy.

“First. Until the said State shall become a member of said

Confederacy, according to the constitutions of both powers,

the whole military force and military operations, offensive

and defensive, of said State in the impending conflict with

the United States, shall be under the chief control and

direction of the President of the Confederate States, upon

the same basis, principle, and footing as if said State were

now during the interval a member of said Confederacy, said

force, together with that of the Confederate States, to be

employed in common defence.

“Secondly. The State of Tennessee will, upon becoming a

member of said Confederacy under the permanent Constitution

of said Confederate States, if the same shall ever occur,

turn over to the Confederate States all the public property

acquired from the United States on the same terms as the

other States of said Confederacy have done in like case.”

This agreement was laid before the Legislature in a special message,

and almost unanimously ratified. Its provisions were promptly

executed. The vote of the people upon the Declaration of Independence

and the Ordinance adopting the Provisional Constitution of the

Confederacy did not occur till the eighth of June. The result of the

vote, as shown by the official returns, was as follows:

------------------+---------------+-----------------

| Separation. | No Separation.

------------------+---------------+-----------------

East Tennessee | 14,780 | 32,923

Middle Tennessee | 58,265 | 7,956

West Tennessee | 29,127 | 6,117

Camps | 6,246 |

+---------------+-----------------

Total | 108,418 | 46,996

------------------+---------------+-----------------

------------------+-----------------+-------------------

| Representation. | No Representation.

------------------+-----------------+-------------------

East Tennessee | 14,061 | 32,962

Middle Tennessee | 58,198 | 8,298

West Tennessee | 28,912 | 6,104

Camps | 6,340 |

+-----------------+-------------------

Total | 107,511 | 47,364

------------------+-----------------+-------------------

Immediately after the election, Gov. Harris issued a proclamation

announcing Tennessee’s withdrawal from the Union. This was followed by

the proclamation of Jefferson Davis, officially declaring that

Tennessee had become a member of the Confederacy. On the first of

August the State adopted the permanent Confederate Constitution by

vote of 83,133 for, 30,357 against.

Nothing now remained to complete Tennessee’s absorption into the

Confederacy but the election of representatives to the Confederate

Congress. In October, the Legislature selected Langdon C. Haynes and

Gustavus Henry as Confederate Senators. Haynes was a distinguished

Democrat of East Tennessee, while Henry was a Whig. Representatives to

the Lower House were chosen by a vote of the people. Here again the

Whigs and Democrats were equally represented.

[1] Cox: _Three Decades of Federal Legislation_.

[2] Acts of Tennessee, Extra Session, 1861, pp. 1 to 13.

[3] Acts of Tennessee, Extra Session, 1861, p. 14.

[4] Acts of Tennessee, 2d Extra Session, 1861, pp. 1 to 11.

[5] Acts of Tennessee, 2d Extra Session, 1861, p. 13.

[6] Acts of Tennessee, 2d Extra Session, 1861, p. 19.

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 · 第 1 / 11 章