CHAPTER IX

KU-KLUX OUTRAGES

It does not fall within the limits of our subject to go into the

general history of Ku-Klux Klan. This mysterious organization

originated in Tennessee, but it soon spread beyond the borders of the

State, and became the organ of all those who believed in resorting to

violent measures to secure the emancipation of the Southern States

from negro and carpetbag domination. Its history, therefore, belongs

under the general history of Reconstruction. Nevertheless, the study

of the civil disturbances in Tennessee resulting from the war would

indeed be incomplete without some account of the operation of the

Ku-Klux within the borders of the State. It formed the chief occasion

for interferences with civil liberty, as well as for congressional

legislation, which rendered the Radical government so hateful in the

eyes of the ex-Confederates.

The first official reference to disturbances of an extraordinary

character is found in Governor Brownlow’s first message to the

Legislature. In this, he calls the attention of the Legislature to

“the roving bands of guerrillas and squads of robbers and murderers

who frequent those counties remote from the military forces.” He

recommended that the criminal law of the State be so revised as to

make house-stealing, and house-breaking, and highway robbery

punishable with death. Acting upon his recommendations, the

Legislature, in May, 1865, passed a bill to punish “all armed

Prowlers, Guerrillas, Brigands, and Highway Robbers.” But as yet there

were no indications, either in the message of the Governor or the

action of the Legislature, that these early disturbances were of a

political character.

The Ku-Klux Klan did not come into existence until the following year.

The little town of Pulaski, in Giles County, claims the doubtful honor

of being its birthplace. It seems to have originated with a coterie of

young men, who banded together for the purpose of obtaining amusement

by playing upon the superstitious fancies of the negroes. They

organized themselves into a lodge, and adopted a fantastic ceremony

and ritual. Their meetings were held at night, and they usually came

together mounted on horseback, and wearing hideous disguises. They

frightened the negroes by telling them horrible ghost stories.

It was quickly seen that the measures adopted purely for amusement

could be turned into practical use in controlling the negro. The

conditions were ripe all over the South for such an organization, so

it spread like wildfire. Lodges sprang up in all parts of the Southern

States, with the possible exception of Virginia. A loose bond of union

was formed between them, but in different localities they assumed

various names, such as “The Pale Faces,” “The Invisible Empire,” “The

Brotherhood.” They were all finally denominated “The Ku-Klux Klan.”

Somewhat antedating the Ku-Klux Klan, and almost equally rapid in

growth, were the Union secret societies. They also bore various names,

the most popular being “The Loyal League” and “The Union League of

America.” They were devoid of any fantastic features, and did not, as

a rule, resort to violent measures, but their object was the same as

the rival organization, namely, to secure political control of the

negro.

In the spring of 1867, the Radical newspapers of Knoxville, Nashville,

and Memphis commenced to be filled with reports of outrages committed

upon negroes and Union men. Upon investigation, these reports

oftentimes turned out to be either wholly untrue or greatly

exaggerated, but they served to throw the Radical party into a state

of intense excitement. Their leaders believed, or professed to

believe, that another general insurrection was threatened. Acting

under this conviction, the Legislature passed a bill on the twentieth

of February, 1867, to equip and call into active service, under the

absolute command of the Governor, a State Guard to be composed solely

of Union men. It also passed a joint resolution requesting the

Governor to “apply to General Thomas, the commander of the department,

for a sufficient force of United States soldiers to keep the peace and

restore order and quiet in our State.”[14] In response to this

application several regiments were furnished by General Thomas, but he

cautioned that they should be used only in aid of the civil authority.

These Ku-Klux outrages followed closely upon the passage of the Arnell

Franchise Law. This bill, as we have pointed out, made the political

disabilities of the ex-Confederate absolute and perpetual. It

destroyed the last hope of regaining political control of the State,

through legal and constitutional means. As a natural result, public

opinion commenced to tolerate acts of violence which till then had

been strongly condemned. The best men of the communities, while they

did not take active part in the Ku-Klux movement, gave it their

approval by a policy of acquiescence. Juries refused to commit, even

upon the clearest evidence, persons accused of offences against

negroes or Union men.

A crisis was reached in the spring of 1868. Mr. S. M. Arnell, the

framer of the election law and Congressman from the Eighth District,

was made the object of a Ku-Klux raid. Having narrowly escaped hanging

through flight and concealment, he sent the following dispatch to the

Governor: “The Ku-Klux searched the train for me last night, pistols

and rope in hand. Empower me to call upon the military here, if

necessary in your name, to suppress all armed and masked parties in

this vicinity. I propose to fight it out.“

Upon the receipt of this dispatch, Governor Brownlow made a second

request for federal troops. This time he received an unfavorable

response. General Thomas informed him that “the State of Tennessee,

being in full exercise of the civil functions of a State, the military

authority of the United States cannot legally interfere except in aid

and support of the civil authority. For these purposes troops have

been sent to various locations. These details, together with the

present demand for troops to assist the United States officers in

collecting revenue, have so exhausted the forces at my command as to

prevent the complying with your request to send companies to the

counties named.”

Governor Brownlow now had recourse to an extra session of the

Legislature. His message was couched in the most violent language.

“The rebel element of the State,” he said, “were secretly arming

themselves, and perfecting a military organization, known as the

Ku-Klux Klan, composed of ex-rebel soldiers, and those in sympathy

with them, thus violating their paroles at the time of their

surrender, and violating the laws of the State, and plotting and

planning mischief in every respect.

“These men have been arming and organizing for a year past, with an

eye to the overthrow of the State government, and, ultimately, to

carrying the State in the presidential election. Organized upon the

same basis, and having the same dark designs in view that found a fit

culmination in Booth’s assassination of Abraham Lincoln, it works in

secret with signs, symbols, and pass-words, hatching plans to scatter

anarchy and permanent disorder wherever it may have an existence. I

recommend, most emphatically, that these organized bands of assassins

and robbers be declared outlaws by special Legislature, and punished

with death wherever found.”[15]

The violent language of the message aroused the greatest alarm among

the Democratic leaders of the State. They feared that if the measures

recommended by the Governor were adopted, civil war would indeed

result. A meeting was held at Nashville in August, and a memorial to

the Legislature was framed, by the following men, all of whom had been

generals in the Confederate army: N. B. Forrest, B. F. Cheatham, W. B.

Bate, J. C. Brown, Bushrod Johnson, Gideon J. Pillow, W. A. Quarles,

S. R. Anderson, G. G. Dibrell, and George Maney.

In this memorial they expressed a deep solicitude for the peace and

quiet of the State, protested against the charge of hostility to the

State government, or of a desire for its overthrow by revolutionary or

lawless means, as well as against the charge that those who had been

associated with them in the past days contemplated any such rashness

or folly; nor did they believe that there was in Tennessee any

organization, public or secret, which had such a purpose, and that, if

there was, they had neither sympathy nor affiliation therewith. They

further declared, that the peace of the State did not require a

military organization; that such a measure might bring about and

promote collisions rather than conserve the harmony and good order of

society; and finally that they would pledge themselves to maintain the

order and peace of the State with whatever influence they possessed,

and would uphold and support the laws and aid the constituted

authorities in their execution, trusting that a reciprocation of those

sentiments would produce the enactment of such laws as would remove

all causes disturbing society.

“For,” they continued, “when it is remembered that the large mass of

white men in Tennessee are denied the right to vote or to hold office,

it is not wonderful or unnatural there should exist more or less

dissatisfaction among them. And we beg leave respectfully to submit to

your consideration that prompt and efficient action on the part of the

proper authorities, for the removal of the political disabilities

resting upon so many of our people, would heal all the wounds of our

State, and make us once more a prosperous, contented, and united

people.”[16]

This memorial came too late to allay the excited minds of the

Radicals. On the 10th of September, the Legislature passed a bill “to

preserve the public peace.” This bill imposes “a fine of not less than

five hundred dollars, and imprisonment in the penitentiary for not

less than five years, and renders infamous any person who shall unite

with, associate with, promote or encourage any organization of persons

who shall prowl through the counties and towns of this State, by day

or night, for the purpose of disturbing the peace or alarming the

peaceful citizens of any part of the State. In order to secure the

proper execution of this act, the same punishment is to be meted out

to any person summoned as a witness, who shall fail or refuse to obey

the summons, or who shall appear and refuse to testify; the same to

any prosecuting attorney who shall be informed of the violation of the

act, and fail or refuse to prosecute the person informed on; the same

to any officer or other person who shall inform any other person that

he was to be summoned as a witness, with the intent of defeating any

of the provisions of the act; the same to any one who shall feed,

lodge, or entertain or conceal in the woods, or elsewhere, any one

known to such person to be charged with an offence under the act.”

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]:

“NASHVILLE, February 21, 1869. I see that martial law is

declared over the county of Lawrence, the county I have the

honor to represent, which I must acknowledge greatly

astonished me, for I know of no person or persons who

complained of any depredations in the county, or that there

was any difficulty at all in enforcing the law in said

county; but on the contrary, the people of the said county

are at this time, and have been for some months past, more

peaceable, quiet, and law-abiding than they have been for

the past ten years; and only a few days ago James H. MacKay,

sheriff, Ira J. Brown, clerk of the Circuit Court, and other

officials of said county in a written communication to the

Governor, stated that there was no difficulty in enforcing

the civil law in said county, and consequently no necessity

for the militia or other troops to enforce law, all of whom

are men of respectability and worthy of credit, and the

persons specially named above were soldiers of the Federal

army during the late Rebellion, and are all now, and always

have been, members of the Radical Republican party.

“I am at a loss to know why troops should have been

quartered upon the people of my county without consulting

their immediate Representative. I think surely some person

or persons have made misrepresentations to the Governor, and

sincerely hope that the order will be revoked and save my

people the mortification and expense of having troops

quartered amongst them in times of profound peace. ‘Let us

have peace.’

“W. P. H. TURNER,

“_Representative, Lawrence County_.”

Governor Brownlow answered these protests by declaring his intention

to further extend the sway of martial law. But fortunately for the

peace of the State, only a few days of his term as Governor remained.

Under his successor the troops were withdrawn and the military laws

were repealed. A state of tranquillity quickly ensued.

[14] Acts of Tennessee, 1867-68, p. 22.

[15] Acts of Tennessee, Extra Session, 1868.

[16] See _Why the Solid South_, by Hilary Herbert, and others.

[17] Acts of Tennessee, Extra Session, 1868, p. 18.

[18] _Union and American_, February 21, 1869.

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 9 / 11 章