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Author and Title 

Tennessee, Laws, statutes, etc. 
Acts of the State of Tennessee, 



Call Number 



KFT 

25 
A222 



Volume 

1868 

ex. sess. 



Copy 



THIS BOOK DOES NOT CIRCULATE 
OUTSIDE THE BUILDING 


NAME 


LOCATION 



















Tennessee. Lavs, statutes, etc. 
Acts of the State of Tennessee. 



KFT 


vol 


25 


1868 


A222 


ex. sess 




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ACTS AND RESOLUTIONS 



or THB 



STATE OF TENNESSEE, 



PASSED AT 



THE EXTIRA SESSION 



THE THIRTY-FIFTH GENERAL ASSEMBLY, 

QQNVENED AT. NASHVILLE, 
JULY 27XH, 1868. 






PUBLISHED BY AUTHORITY. 



NASHVILLE: 

8. C. MERCER,..,. „ ....PRINTER TO THE STATE 



1868. 

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'970 



GOVERNOR'S PROCLAMATION. 



STATE OP TENNESSEE, 

Exboutivk Depabtksnt, 
Nashville, Tenn., July 6, 1868. 



} 



Whereas, On page 108 of the Code of Tennessee, the* 
following constitutional provision is found: 

"The Governor may, on extraordinary occasions, con* 
vene the General Assembly by proclamation, and shall 
state to them, when assembled, the purposes for which 
they shall have been convened; but they shall enter on 
no legislative business, except that for which they were 
specially called together." 

Now, Therefore, I, William G.Brownlow, Governor 
of Tennessee, issue this, my call for an Extraordinary 
Session of the General Assembly of Tennessee, to take 
place on Monday, 27th of July, 1868, at the Capitol, in 
Nashville. Senators and Representatives are required 
to be there at 12 o'clock, the day and date above named, 
when I will make known to them the purposes for which 
they have been called together. 

The papers selected to do the legal advertising of the 
State, are directed to insert this Proclamation, each, 
three times. 

In testimony whereof, etc., etc., I sign and publish the 
same, this 6th of July, 1868. 

" WILLIAM G. BROWNLOW. 

By the Governor: 

A. J. Fletcher, Secretary of State. 



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GOVERNOR'S MESSAGE, 

To the Extra Session of the Thirty-Fifth General As- 
sembly of the State of Tennessee, Convened at Nash" 
ville on Monday, the 21th day of July, 1868. 



Gentlemen of the Senate and House of Bepresentatives: 

The Constitutional provision, authorizing me to 
conveno you in Extraordinary Session, makes it my duty 
to state to you the purposes for which you have been 
convened, and at the same time limits you in your acts 
of legislation to the business for which you have been 
called together. 

At your session of last Winter, by large majorities in 
both Houses, you repealed what was known as the Mili- 
tia Law. I accordingly paid off the Militia and dis- 
banded them, so that, for the last ten months, there have 
been no State troops at my disposal. As members of 
the Legislature, you were assured by leading conserva- 
tives in their respective counties, and doubly assured by 
the leading rebel journals of the State, there would be 
no necessity for any troops whatever, and that law and 
order would be strictly ooserved. It turns out that the 
rebellious elements of the State were at that time se- 
cretly arming themselves and perfecting a military or- 
ganization known as the Eu Klux Klan, composed of 
ex-rebel soldiers and those who were in sympathy with 
them; thus violating their paroles at the time of their 
surrender, and violating the laws of the State, and plot- 
ting 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 Presiden- 
tial election. They have known, as well as the political 
leaders and bad men who have prompted their action, 
that the President of the United States was -bitterly 
hostile to the men and measures of the present State 



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6 

Government, and would readily favor a movement that 
would overthrow both. They nave been confident, and 
have so expressed themselves, that the President would 
give them, as revolutionists, such aid by the disposition 
of troops, and changes in this military department, as 
would insure them an easy victory; and some of them 
have been so indiscreet as openly to boast of this. 
Their schemes have involved tne overthrow of the ex- 
isting State Government; the abolition of colored suf- 
frage; the immediate enfranchisement! under the revolu- 
tionary constitution, of every rebel who fought to de- 
stroy the Government, and a wiping from the statute 
books of all the wholesome and patriotic laws enacted 
since April, 1865. 

So violent and murderous has been the conduct of 
these armed outlaws in different counties of Middle 
and West Tennessee, that, acting under the authority 
of a resolution you adopted last Spring, I have called 
upon the brave and patriotic commander of this depart- 
ment at Louisville, to furnish me regular troops for 
these counties. The following correspondence will show 
you with what result: 

Executive Office, ) 

Knoxville, Tenn., June 15th, 1S68. J 
Major- General George JET. Thomas, Commanding, dkc: 

The following is a copy of a dispatch from the 
Hon. Mr. Arneil: 

Columbia, Tebn., June 14, 1868. 
To Gov. W. G. Broumbw: 

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. S. M. Abmbll. 

This is but in keeping with what is going on in other 
counties of Middle and West Tennessee, as I am ad- 
vised by reliable men. 

I therefore call upon you to furnish a company of 
troops for the counties of Lincoln and Marshall, jointly. 
One for the county of Obion, one for the county of 
Dyer, and one for the county of Gibson. Without 
troops in these counties, the civil laws cannot be en- 
forced, or loyal men allowed to exercise their rights and 
liberties. If you have the troops, I also desire that a 
company be sent to Payette county. 

I have the honor to be, etc., 
W. G. Brownlow, 

Governor of Tennessee. 

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IFdq'bs Dep't op the Cumberland, ) 
Louisville, Ky*, June 18, 1868. J 
Sis ISxcellencv, W. 0. Browvlow, 

Governor of Tennessee, Knoxvitte, Term.: 
Sib: — I have the honor to acknowledge the receipt 
of your letter of the 15th inst*, containing a copy of a 
dispatch from the Hon. S. M. Arnell, to you, and your 
request for troops to be sent to certain counties in Ten- 
nessee. You say that, without troops in these counties 
the civil laws cannot be enforced, or loyal men allowed 
to exercise their rights and liberties. I have the honor 
to say in reply, that the military can only be used to 
aid and sustain the civil authorities in the discharge of 
their duties. The State of Tennessee, being in the full 
exercise of all 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 locali- 
ties at your request. These details, together with the 
present demand for troops to assist the U. S. officers in 
collecting the revenue, has so exhausted the force at my 
command as to prevent the complying with your request 
to send companies to the counties named. 

Very respectfully, your ob't serv't, 

Geo. H. Thomas, 
Maj.-Gen. U. S. A., Commanding. 

H'dq'rs Dep't op the Cumberland, ) 
Louisville, Ky., June 24, 1868. j 
To His Excellency j W. Q. BrownUyw, 

Oovem&r of Tennessee, KnoxvUle, Tenn.: 
Sir: — Referring to my letter of the 18th inst., to 

J on, I have the honor to inform you, that since writing, 
have procured a copy of the Acts of the Thirty-Fifth 
General Assembly of the State of Tennessee, for the 
years 1867-8. 

I have carefully examined the Acts providing for the 
protection of Sheriffs, etc, and relating to the State 
Guard, and respectfully submit to you, as my opinion, 
that under these laws, if vigorously enforced, the diffi- 
culties in Tennessee, could be. suppressed. 

The 7th, and subsequent sections of the "Act for the 
protection of Sheriffs," etc, passed February 1st, 1868, 
appears to be especially available and practicable for 
good effect, and could be more readily and quickly en- 
forced than the "Act to organize and equip a State 
GuardAetc, passed March 13, 1868; though, if found 
necessarj^ this would be the more powerful organiza- 
tion, notwithstanding its deficiencies as to a staff corps 
for its administration. 



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8 

> I take the liberty of giving an opinion on this subject, 
because of the probability of the necessity, in the end, 
for your calling on the United States for aid under the 
provisions of the Constitution; and as you have been 
informed, the force at my command is so exhauseted by 
calls for other duties, that it is not likely that sufficient 
troops for the purpose, could be furnished. 

I have the honor to be, very respectfully, your obe- 
dient servant, Geo. H. Thomas, 

Major-General, TJ. S. A. 



,i 



State of Tennessee, 

Executive Department, 

Knoxville, June 29, 1868. 
Jfdjor-Genercd Geo. JET. Thomas: 

Your favor of the 24th inst, is now before me, 
and your suggestions have been duly considered. I 
thank you for the same, and fully appreciate your mo- 
tives. The principal difficulty we have to encounter, 
has, perhaps, not occurred to your mind. The Sheriffs 
in the rebellious counties, for the most part, are strange- 
ly silent, and -as strangely reluctant to comply with the 
provisions of the law. This reluctance arises from one 
of two considerations: either the fear of violence in at- 
tempting to organize a police force, or after said force 
shall have been disbanded. In some instances, the 
Sheriffs are in sympathy with the rebellious element of 
their respective counties. 

Upon the whole, I think it likely I shall have to con- 
vene the Legislature in Extraordinary Session. 
I have the honor to be, <fcc, 

W. G. Bbownlow, 

Governor of Tennessee. 



This dangerous organization of ex-rebels, now rami- 
fies almost every part of the eleven States th&t once 
constituted the Southern Confederacy, and has already 
grown into a political engine of oppression so powerful 
and aggressive as to call forth in opposition, several 
notable military orders. Organized upon the same ba- 
sis, and having the same dark designs in view, that 
found a fit culmination in Booth's assassination of Abra- 
ham Lincoln, it works in secret, mid signs, symbols and 
pass-words, hatching plots to scatter anarchy and per- 
manent disorder wherever it may have an existence. 
The influential portion of the rebel press in the South, 
hail its advent as a propitious circumstance. Gf its 
purposes I need only extract from the constitution of 
one of the clubs of its order, captured by the police at 
Memphis, the following declaration: 

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9 

"The object of this organization is for the purpose of 
protecting the people of the South from the band of 
murderers and robbers now preying upon them, even to 
the last resort — assassination — and we pledge ourselves 
one to the other, that nothing shall be allowed to devi- 
ate us from this noble object. 

Here we have assassination declared as a legitimate 
object of this lawless clan. That it is equal to its pur- 
poses is exemplified in the assassinations already com- 
mitted in our own State, and other Southern States. I 
recommend, most emphatically, that these organized 
bands of assassins and robbers be declared outlaws by 
special legislation, and punished with death wherever 
found. 

• I call upon members to speak and vote in the halls of 
legislation as they themselves and their constituents 
have spoken to me in private letters and petitions, call- 
ing for the militia to protect them in their persons and 
property. True, it will take money to furnish a milita- 
ry force, but loyal men residing in rebellions counties, 
are entitled to protection, without any regard to what 
it may cost in dollars and cents. If I am expected to 
protect them, I must be allowed a sufficient clerical force 
to execute my orders promptly, and fuuds to meet the 
necessary demands in carrying out these orders. Gen- 
tlemen are here from the counties partially in rebellion, 
and it is for them to say whether the military force is 
necessary to afford protection and quiet among their 
constituents. You will also pardon me for my plain- 
ness of speech, as I have been complained of as rather 
tardy in my movements to protect loyal men. There- 
fore, it is that if our people are butchered in cold blood, 
and the colored population are intimidated and driven 
• from their homes and the ballot-box, I intend the re- 
sponsibility shall rest with the Legislative, and not the 
Executive Department of the State Government. If I 
am regarded as extravagant and violent, I shall bo 
gratified to have the Legislature designate some other 
person to take the entire control of this branch of the 
public service- 

I again repeat, gentlemen, that you are fresh from the 
people, familiar with all the recent outrages complained 
of, and it is for you to apply the remedy for the existing 
evils. Should you conclude to order out the militia, or 
a portion of them, it will be your duty to protect them 
by law for all proper acts done under orders, or in the 
line of duty. Otherwise, they will be annoyed by ma- 
licious prosecutions after they are mustered out of 
service. 

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10 



BTATB FINANCES* 



I propose next, to call your attention to the subject 
of our State Finances. Near the close of the late ses- 
sion, you created a Financial Board, consisting of five 
members, viz: The Governor, Secretary of State, 
Comptroller, Treasurer, and the President of the Bank 
of Tennessee. I regret to say, that, from the time of the 
organization of the Board until the present, there has 
been great want of harmony in its councils and action. 
Very soon after the Board organized, the Secretary of 
State and the Comptroller sent in their resignations as 
members of the Board, as did also the Secretary of the 
Board. The remaining three members immediately con- 
vened at Enoxville and re-organized, electing S. Wat- 
son Chairman of the Board, and Hon. W. Bosson, per- , 
manent Secretary. I offered a resolution, which was 
adopted, to the effect that we had no authority to accept 
the resignations of the persons before named, and al- 
leging that their resignations should be tendered to the 
Legislature, the power by which they were constituted 
members of the Board, as the only body competent to 
receive their resignations. At the same meeting, we 
effected all the preliminary arrangements deemed neces- 
sary to provide for meeting the July interest, and the 
Chairman of the Board was constituted an agent to go 
to New York and carry out our plans. What these 
plans were, the report of the Board will show. Closely 
following the action recited, some members of the Board 
who had tendered their resignations, opened a most un- 
provoked and needless newspaper war upon the newly 
eleoted Chairman; and the policy we had adopted. The 
effect of this controversy was to distract our councils at 
home and injure our credit abroad. One member of the 
Board went so far as to say to another member, that he • 
was in favor of making a publication, setting forth that 
the State was unable to meet the interest upon her 
bonds. 

For the honor and credit of the State, I trust no 
member of either House of the Legislature will give 
countenance to such an idea. Pride of character, the 
dictates of patriotism, and a decent regard for the opin- 
ions of mankind, should lead us to frown indignantly 
upon anything looking toward the repudiation of our 
honestly contracted obligations. Of the thirty-two mil- 
lion dollars constituting our State debt, fully three-fourths 
were incurred by the State loaning her credit and issu- 
ing her bonds to the different railroad companies of the 
State. To secure the payment of these bonds, the State 
has a first mortgage upon all railroads so aided, making 

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11 

her security fully adequate. Capitalist* and dealerajn 
stocks, well understanding these facta, h*vf so feck of 
confidence in the ultimate redemption pf Tennessee 
bonds; indeed, our bonds had gone np to seventy-eight 
cents on the dollar, at th* time of the recent difficulty 
in New York. Here I will take occasion to say, that 
after arrangements were completed to meet the July in- 
terest, and everything was deemed secure, a most foul 
conspiracy was entered into somewhere, culminating at 
New York, evidently designed to injure the credit of 
our State and depreciate the price of her bonds, for the 
purposes of speculation. The result of which has been, 
to delay the payment of the July interest, and also to 
greatly depreciate the value of the State bonds. To 
meet this extraordinary emergency, is, in part, the de- 
sign of convening the General Assembly at this time, 
I am unable to indicate the guilty parties in these nefa- 
rious transactions. The New York press, as well as 
sundry letter writers, implicate Tennessee railroad men 
and members of the Financial Board. Others charge 
it upon New York parties, bond-holders and stock spec- 
ulators. What I propose, is this: That yon appoint a 
Joint Select Committee of your best and ablest men, 
with full powers to send for persons and papers, so as to 
sift this matter to the bottom, and ferret out the guilty 
parties, whoever they may be; and, if found guilty, yon 
should proceed to sue them for damages, in the name of 
the State. Such summary and exemplary treatment of 
so flagrant offenders may serve to protect the State from 
like disaster in the future, and to maintain the standard 
value of her bonds. 

Some of the railroad companies committed the great 
error of not making their payments in advance of the 
first of July. The Comptroller will inform you wlio 
they are. In the discharge of my duty, I served the 
following notice upon them all: 

Executive Office, ) 
Nashville, Tenn., May 24, 1868. j 

To the Railroads </ the State of Tennesaees 

It is made your duty by the law of 1862, and also 
by the Act entitled, "An Act to liquidate the debt of 
the State, falling due in 1868 and I860,' 9 passed March 
13, 1868, to pay the interest on the bonds loaned yon, 
at least fifteen days ^before said bonds become due. The 
penalty for the violation of this duty, is, that I am to 
appoint a suitable person, at your expense, to take charge 
of your road. 



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12 

I therefore warn 7011, that the interest due from you 
on the first of July next, must be paid to the Comptrol- 
ler of the State at least fifteen days before that date. 

W. G. Brownlow, 
Governor of Tennessee. 

PENITENTIARY. 

^ Yonr attention is also called to the still partial confu- 
sion, indebtedness, and crowded condition of the Peni- 
tentiary. A full settlement with the lessees is desira- 
ble^ if, indeed, it is not absolutely necessary. I do not 
advise the erection of additional buildings at this time, 
at Nashville; but I suggest, as I have done on former 
occasions, the commencement of a Branch Penitentiary 
in the Eastern Division of the State. The Penitentiary 
at Nashville ought to be self-sustaining; but, instead of 
this, large appropriations of money are annually re- 
quired. The whole matter is with you, and to you I 
submit it, without entering into detail. 

COLONEL A, E. BOONE, 

Whom you designated by special enactment to settle 
with, provide for, and pay off the officers and sodiers of 
the late State Militia, has performed the work assigned 
him, and is ready for a settlement with such committee 
as you may designate. 

POLITICAL DISABILITIES. 

I have been appealed to by prominent men of both 
political parties, to urge upon you the propriety of re- 
moving political disabilities formerly imposed upon a 
large class of rebels. The conduct of that class of peo- 
ple has been, and it still is, such, that I do not feel justi- 
fied in making this recommendation. They have a mil- 
itary organization in this State, whose avowed object is 
to trample the laws under foot and force the party in 

r>wer to enfranchise themselves and their sympathizers, 
cannot stultify myself by yielding to this request, ac- 
companied with threats of violence. If members of the 
General Assembly are alarmed for their personal safety, 
and feel disposed to sue for peace upon the terms pro- 
posed by an armed mob, they will, of course, take a 
different view of the subject. Any recommendation of 
this kind, if made at all, should be at a regular and not 
at A called session of your body. And whether such 
recommendation, and corresponding action thereupon, 
shall be deemed wise at your adjourned meeting in No- 
vember next, can be then more safely determined, by 



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18 

strictly observing the conduct of these unreconstructed 
Ku Klux rebels and their sympathizing supporters, be- 
tween this time and that 

Trusting that your session may be brief and useful, 
may the hand of a kind Providence guard your families 
in your absence. 

W. O. BROWNLOW. 

July 27th, 1868. 



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PUBLIC ACTS. 



CHAPTER L 

AN ACT to Regulate the State Finances. 

Whereas, The State of Tennessee was, during the 
greater part of the recent civil strife, a theatre of de- 
structive war, over which vast armies marched Rad^^^g 
counter-marched in fierce contention, laying waste her 
fields and forests, impoverishing her citizens, and depriv- 
ing her of her railroads, or reducing them to wreck, 
which had previously paid four-fifths of the interest 
upon here State debt and sinking fund upon the princi- 
pal; and, 

Whereas, The said war resulted in the emancipation J-Jf^**" 
of her slaves, thereby destroying the source of a large 
portion of her direct revenue, leaving five millions of 
unpaid interest to be added to the State debt; and, School Fond. 

Whereas, The entire School Fund, with other valua- 
ble assets of the State, were seized and carried away, 
and became lost to the State; and, 

Whereas, The new State Government, despising re- 
pudiation in all its forms, and resolving to maintain the 
credit of the State, which is the pride of every true 
Tennessean, undertook, notwithstanding the exhausted * e P udi * ti ° 11 - 
condition of the people, the herculean task of rebuild- 
ing her railroads; or completing those in process of 
construction; of restoring her common schools, and of 
paving, by taxation, the interest accruing on her State 
debt; and, 

Whereas, The arrangements made by the Financial 
Officers of the State, for the payment of the semi-annual T . . 
interest falling due on the 1st of July, 1868, wasde-lSfc. 
feated by an ill-timed and unfortunate litigation insti- 
tuted by 'a few speculators in our State securities, which 
also arrested the receiving of the portion of the princi- 
pal of the State debt which could not be otherwise 
provided for; and, 

Whereas, An additional amount of about one mil-**- *• 
lion of dollars of the State debt will fall due during the 
next two years; and, 



16 



State Re- 
sources. 



Commerce. 



Whereas, The burdens of the people, to a great ex- 
tent, cripple their powers to cultivate the soil, and to 
develop the other great resources of the State; and 
Whereas, The injury done to the internal commerce of 
the country has been such, for the time being, as to disable 
many of our railroads from bearing their part of the 
burden of the State debt; and 

Whereas, It is the opinion of this General As- 
sembly, that when the state shall have passed the 
present financial crisis, and her people shall have 
had time fully to recover from the damage of war, 
and her railroads to get fairly under way, with her 
Financial cri- P re8ent am pl e and excellent revenue laws, that the in- 
sis, Revenue terest and principal of the Slate debt, as it may fall 
Laws, etc. due, can be paid with facility, and the credit of the 
State reestablished on a permanant foundation; and as 
the payment of the principal now due, and to fall due 
during the ensuing two years, by an immediate taxa- 
tion, is simply impossible; and as the borrowing of 
money, at an exorbitant interest, or the sale of bonds 
at a like sacrifice, is not desirable, creditable or econo- 
mical; Therefore, 

Section 1. Be it enacted by the Gteneral Assembly of 

Bonds matnr-^ ^^ tf Tennessee, That the State of Tennessee wiH 

ing 1868-70. deliver the coupon bonds of the State, falling due on 

the first day of January, nineteen hundred, (1900,) in 

payment of all bonds of the State, the principal of which 

has, or may mature, during the years 1868, 1869 and 1870. 

Sec. 2. Be it further enacted, That it shall be the 

Comptroller's duty °f the Comptroller of the State, to carry out the 

duty. provisions of this Act, 

Sec. 3. Be it further enacted, That it shall be the 
duty of the Comptroller from time to time, 

First, To prepare and sign an estimate of the num- 
ber and amount of bonds necessary to carry out the 
Te make esti- provisions of this Act, a copy of which he shall file in 
mateofBonds the office of the Secretary of State, and another copy 
of which he shall present to the Governor; and on pre- 
sentation of such estimate, it shall be the duty of the 
Governor to issue to the Comptroller the number and 
amount of bonds required; and the Comptroller shall 
execute his receipt for said bonds in the same manner as 
has been heretofore done by persons or companies enti- 
tled to receive the bonds of the State. 

Second, Said Comptroller shall at once arrange with 
such Agent in the City of New York, as he may select, and 
through such Agent he shall exchange said bonds for 
past-due bonds of the State; or said Comptroller may 
make such exchange in person, if he shall believe the 
interests of the State shall be promoted thereby. 

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necessary. 



To exchange 
the Bonds. 



M 

Third, He shall, immediately upon the receipt of any 
over-due bonds, by himself or agent, before transmitting To (Mni ^ 
the same, proceed to cancel the same; and he shall make bonds and re- 
monthly duplicate reports of the number and amounts port to Goy'r 
of bonds thus cancelled, to the Governor and Secretary ftn< * Secretary 
of State; and the said Secretary of State shall record or wwe ' 
the same, and require the Comptroller to sign the same 
on such record. 

Fourth, He shall, immediately upon the receipt o^iofiiethem 
any over-due bonds, proceed to cancel the same, and file 
them in his office. 

Sec. 4. Beit further enacted, That the renewing of 
so much of the State debt as became due on the 7th gJS d25 by 
day of May last, by order of the Board of Finance, Board of Fi- 
adopted April 9th, 1868, so far as said order has been nance made 
executed, be, and the same is hereby, approved and de- valid * 
dared valid; and the series of Bonds prepared and en- 
graved under said order, shall be continued in the exe- 
cution of the provisions of this Act. 

Sec. 5. Be it fmiher enacted, That the expense of is- Expenses of 
suing and transmitting said Bonds to New York, shall inning, eto.. 
be paid out of the Treasury of the State, upon the war- 
rant of the Comptroller. 

Sec. 6. Be it further enacted, That the Comptroller 
be, and he is hereby, authorized to borrow such sum or Comptroller 
sums of money, from time to time, as may be necessary m»y borrow. 
to provide for the payment of the interest now, or here- mone y- 
after to become due, on the State debt; Provided, The 
said Comptroller shall not pay more than six (6) per 
cent, per annum, for the use of said money; and the 
faith and credit of the State is hereby pledged for theProTiso*. 
payment of any money thus borrowed; and the Comp- 
troller is hereby authorized to use the Bonds of the State 
as collaterals, if necessary. 

Sec. 7. Be it further enacted, That An Act, passed 
March 13, 1868, entitled "An Act to liquidate the State 
debt," etc., and establishing a Board of Finanoe, be,, 
and the same is hereby, repealed; and that this Act 
take effect from and after its passage. 

P. S. RICHARDS, 

Shaker of the House of Representative** 

D. W, C. SBNTBR, 

Speaker qf the Senate.. 
Passed September 5, 1868. 

.2 



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18 



CHAPTER n. 
AN ACT to Preserve tbe PtfMto Pimm. 



Section 1. Be U enacted by the General Assembly of 
fhe State qf Tennessee, That, if any person or persons, 
Penalty for shall unite with, associate with, promote or encourage, 
aiding or en- any secret organization of persons, that shall prowl 
lT^ n e«t tbro,l 8 l1 *• cottar or towns of this 8tate, by day or by 
wJanittti , M. a *8H disguised or otherwise, for the purpose of disturb- 
ing the peace, or alarming the peaceable citizens of any 
portion of this State, on conviction by any tribunal of the 
State, shall be fined not less than five hundred dollars, 
imprisoned in the Penitentiary not less than fire years, 
and shall be rendered infamous. 

Sec. 2. Beit further emoted, That it shall be the 
duty of all the Courts of this State, before the impanneling 
Impanneling of any grand or petit jwry, in any oanse whatever, to en- 
of Juries. quire of the juror on oath, whether he shall be associat- 
ed in any way obnoxious to the first section of this Act; 
and if each juror shall decline to give a voluntary answer, 
• or shall answer affirmatively, such person shall be disquali- 
fied as a jntor in any casein any Court in this State. 

Sac. 8. Be it further enacted, That, for the purpose of 
facilitating the execution of the provisions of this Act, 
iaS7? Gen ft *** ta the dut T of tbe Pnweciaing Attorneys of this 
to iummoT" State > <* GrwK * Jurors, or either of them, to summon, or 
witness*, cause to be summoned, any person he shall have a welt 
grounded belief, has any knowledge «f such organization 
as described in the first seotion of this Act; and if any 
Failure to porson shall fail or refuse to obey such summons, or shall 
obey ramm'ns appear and refuse to testify, such person so summoned, 
shall suffer the penalty imposed by tbe first section of 
this Act; and if such witness shall avoid the service of 
said subpoena or summons, the Sheriff or other officer, 
shall return such fact on said process* when the Court 
shall order a copy of said process to be left at the last 
avoiding ger- P' aoe °' retfdetice dt sneh person sought to be summoned; 
viee,or failing and if such person shall fail to appear, according to the 
to appear, command or said process, said Court shall enter judg- 
ment nisi against such person, for the sum of five hun- 
dred dollars, upon which set. fa. shall issue, as in other 
cases of forfeiture of subpoena. 
Sec. 4. Be it further enacted, That no prosecutor shall 
No Prosecut'r be required on any indictment under the provisions of 
nooessary.etc. this Act; and all the Courts of this State shall give a 
remedial construction to the same; and that no present- 
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19 

ment or indictment shall he quashed, or declared insuffi- 
cient for the want of form. 

Sec. 5. Be it further enacted, That it shall be the duty . 

of all the Courts of this State, at every term, for two^ r p \i° n 7^ 
years from and after the passage of this Act, to call be- Act, etc., etc. 
fore it all the officers thereof, who shall be sworn, and 
have this Act read or explained to them; and the Court 
shall ask said officers if they shall have any knowledge 
of any person in the State, or out of it, that shall be 
guilty of any of the offenses contained in this Act; and 
that if, at any time, they shall come to such knowledge, 
or shall have a well-grounded belief that any person or ? ffioe ! 8 J^ i ?" 
persons shall be guilty of a violation of this Act, or any y 

of its provisions, that they will immediately inform the 
Prosecuting Attorney for the State, thereof; and if such 
Prosecuting Attorney, upon being so informed, shall fail 
or refuse, or neglect to prosecute such person or persons. Penalty for 
so informed on, he shall be subject to the same penalties IjJJjJjJJ^ 
imposed by the first section of this Act; and he shall be pr f 
stricken from the roil of Attorneys in said Court. 

Sec. 6- Be it further enacted, That if any officer or 
other person, shall inform any other person that he, or 
she, is to be summoned as a "Witness under any of the£ enalt J r *J >rof " 
provisions of this Act, or any other statute or law of ^^j^JJJJ^ 
this State, with the intent and for the purpose of de- r neglecting 
feating any of the provisions of this Act, or any crimi- duties anpoU 
nal laws of this State; or if any officer, Sheriff, Clerk 
or Constabje, shall refuse or fail to perform any of the 
duties imposed by this Act, upon conviction, shall suffer 
the penalties imposed by the first section of this Act; 
and shal! be disqualified from holding office in this State 
for two years. 

Stc. 7. Be it further enacted. That, if an^ person 
shall voluntarily inform on any person guilty of any of ?® war< * fop 
the provisions of this Act, upon conviction, such inform- ^^^ on 
ant shall be entitled to receive one-half of the fine im- 
posed; and if any officer, three-fourths of said fine. 

Sec. 8. Be it further enacted, That if any person, 
guilty of any of the provisions or offenses enumerated 
in this Act, shall appear before a^y jury or prose- 2^* erB |] 1 ' 
cuting officer for the State, and shall inform nim or them others^noTto 
of any offense committed by any person, or persons, be prosecuted 
against the criminal laws of this State, such person or 
witnesses, shall not be bound to answer any charge for 
the violation of any provision of any law about which 
such person or witness shall be examined; and the Court 
shall protect such witness from any prosecution what- 
ever. 

Sec. 9. Be it further enacted, That when any pro- 
cess shall be issued against the person of any citizen, in 



any county of this State, for any violation of the pro- 
Writs return-™ 8 * 0118 °^ ^" 8 ^ c *» an( * snc ^ 8 ^ a " ** re turned not exe- 
ed not iMoa- cuted, for any cause whatever, by the Sheriff or other 
ted. officer, to the Court from which it issued, with an affi- 

davit appended thereto plainly setting forth the reason 
p . for the non-execution of such process, then it shall be 

Mu^^O* dut y of the Clerk, without delay, lo issue an alias 
capias to the same oounty, if the home of the defendant 
shall be in said county, either in part or in whole, when 
^^ rt0 « iye said Sheriff, or other officer,, shall give notice to the in- 
habitants of said county, by posting such notice at the 
Court-house of said county, of the existence of the issu- 
ance of said capias; and if the inhabitants of such coun- 
ty shall permit such defendant to be or live in said 
Inhabitants county, in part or in whole, the inhabitants shall be sub- 
men^for^auJ 60 * to an assessment of not less than five hundred, nor 
lowi'g defend- more than five thousand dollars, at the discretion of the 
ant to remain Court; which said assessment shall be made in the fol- 
in county, lowing manner, to- wit: When the Sheriff, or other offi- 
cer, shall return his alias capias, showing that said de- 
fendant is an inhabitant of said county, in part or in 
whole, and that the citizens thereof have failed r or re- 
fused to arrest said defendant, whioh every citizen is 
How to be hereby authorized to do and perform, said Court shall 
made. or/cler a sci.fa. to issue to the proper officer to make 

known to the Chairman, Judge or other presiding offi- 
cer of the Countv Court,, to appear and show cause why 
final judgment should not be entered up against said 
Befusal of Co. comity accordingly, which, if the County Court fails or 
Court to act. refuses to do and perform, any Judge in vacation, shall 
grant a mandamus to compel said County Court to as- 
sess and collect said assessment, to be paid into the 
State Treasury, for the benefit of the School Fund; 
ProTiso. Provided, said assessment shall not be made if the 
Sheriff, or other officer, upon the return of the original 
or alias writs, show cause why the same cannot be exe- 
cuted, which may be done by his affidavit, and two re- 
spectable witnesses, known to the Court as- such. 
^ E0 ' 10 - Be ttfurtte 7 * enacted, That all the inhabi- 
ts arwYteT^ tente in this State sha11 ** authorized to arrest any per- 
without pro- son defendant uncTer the provisions of this Act, in any 
cess. county in this State, without process. 

Sec, 11. Be it further enacted, That, if any person, 

Penalty for or Persons, shall write, publish, advise, entreat or per- 

advising per- suade, privately or publicly, any class of persons, or in- 

sons to resist dividuals, to resist any of the laws of this State, oalcu- 

the laws. j ate( j to mo i e8 t or disturb the good people and peaceable 

citizens of the State, such persons shall be subject to 

the penalties of the first section of this Act; and if any 

attorney-at»law, he shall be stricken from the roll of at- 

Digitized by VjOOQ IC 



21 

torneys, and be prevented from practicing in any court 
in this State. 

Sec. 12, Be U further enacted, That, if any person Penalty for 
shall make threats against any elector, or person author- intimidating 
ized to exercise the elective franchise, with the intention eleotors - 
of intimidating or preventing such person, or persons, 
from attending any election in this State, they shall be 
subject to the penalties inflicted by the first section of 
this Act. 

Sec. 13. Be it further enacted, That, if any person, 
or persons, shall attempt -to break up any election in ^k up rteo- 
this State, or advise the same to be done, with the view ti onB) e f 0t 
of preventing the lawful or qualified citizens of this 
State from voting, all such persons, on conviction, shall 
be subject to all the penalties prescribed by the first sec- 
tion of this Act; and the Attorney for t„he State, in all con- 
victions under the provisions of this Act, shall be entitled torneytoen- 
to a tax fee of one hundred dollars, to be taxed in the bill eral. 
of costs to be paid by the defendant, but in no case to be 
paid by the State or county. And the Attorney prosecu- 
ting for the State shall keep all information given him a 
secret, unless it shall become necessary, in the opinion of 
the Court, the same should be made public. 

Sec. 14. Be it further enacted, That it shall be the Judges to gWe 
duty of all the Judges in t lis State, to read this Act to j*» 8 Act to 
the'Grand Juries, and give it specially in charge to said *"»«■- 

juries. 

Sec. 15. Be it further enacted, That the Treasurer of . 
this State shall not be authorized to pay anv Judge in Treasurer not 
this State any salary, or to any Clerk, Sheriff or Attor- U ntu toey 
ney, any fee or bill of costs, that may accrue to such comply with 
parties under the provisions of this Act, until such Judge this Act. 
or other officer, shall have filed with the Comptroller or 
Treasurer, an affidavit, plainly setting forth that he has 
fully complied with the provisions of this Act. 

Sec. 16.* Be it further enacted, That, if any person or 
citizen of this State, shall voluntarily feed or lodge, or Penalty for 
entertain, or conceal, in the woods or elsewhere, any conoeaiing 
offender known to such person to be charged with any ° en er8% 
criminal offense under this Act, such person shall suffer 
the penalty prescribed by the first section of this Act; 
Provided, that this section shall not apply to persons 
who, under the ancient law, might feed or conceal the 
party charged. 

Sec 17. Be it further enacted, That, if any person 
guilty of any of the offenses enumerated in this Act, Real ^ 
shall have, or own, or possess, any real estate, held by held bound 
deed, grant or entry, or by fee, or entail, in law or equi- for all costs, 
ty, the same shall be bound for the costs, fines or penal- etc - 
ties, imposed by any of the provisions of this Act; and a 

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93 



Same. 



Jury to find 
yerdiot and 
amount of 



lien is hereby declared attached to all such estates in 
law or equity, as above, dating from the day or night 
of the commission of the offense, which fact may be found 
by the jury trying the cause, or any other jury enipan- 
neled for that purpose; and it, in the opinion of- the 
Court, the defendant has evaded the law, the jury shall 
find such fact, and the estate of defendant shall be made 
liable for the costs of the State; and there shall be no lim- 
itation to the recovery of the same. 

Sec. 18. Be it further enacted, That, if any person or 
persons, shall be guilty of a violation of any of the pro- 
visions of this Act, to the prejudice or injury of any 
individual, the jury trying the defendant shall or may 
damages, etc. find such fact, with the amount of injury sustained, which 
shall be paid to the injured party, or person entitled to 
the same by the laws of the descent of this State, with 
all costs, and who shall have the same lien on the prop- 
erty of the defendant that is possessed, or given, to the 
State by this Act. 

Sbc. 19. Be it further enacted. That, if any person 
shall, knowingly make, or cause to be made, any uniform 
or regalia, in part or in whole, for a disguise of any 
person or persons, by night or day, or shall be found 
in possession of the same, for any unlawful purpose, he, 
she or they, shall be fined at the discretion of the Court, 
and shall be rendered infamous. 

Sbo. 20. Be it further enacted, That, in addition to 
the oath prescribed by the Constitution and oath of 
office, every public officer shall swear that he has never 
been a member of the organization known as the Eu 
Klux Klan, or other disguised body of mon, contrary to 
the laws of the State; and that he has, neither directly 
or indirectly, aided, encouraged, supported, or in any 
manner countenanced said organization. 

Sbo. 21. Be it further enacted, That the Attorneys, or 
Attorneys prosecuting officers for the State, shall be entitled to 
*°y e ^^ ve and receive five per cent, on all forfeitures or assess- 



Penalty for 
making or 
keeping 
disguises. 



Officer* to 
take oath, etc, 



per cent. 

Standard of 
damages. 

For disturb- 
ing officers. 



For killing. 



meuts made by this Act, as compensation, to be paid by 
the defendant. . 

Sec. 22. Be it further enacted, That the standard of 
damages for injuries to individuals, shall be as follows, 
to-wit: For disturbing of the officers of the State, or 
other persons, by entering the house or houses, or place 
of residence, of any such individuals, by day or by night, 
in a hostile manner, or against his will, the sum of ten 
thousand dollars, and it shall be lawful for the person 
so assailed to kill the assailant. For killing any individ- 
ual in the night, twenty thousand dollars; Provided, such 
person killed was peaceable at the time. That all other 
injuries shall be assessed by the Court and jury in pro- 
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portion; and the Court trying said causes may grant ad 

many new trialB as may, in his opinion, be necessary to New triftl8> 

attain the ends of justice. 

Bbo. 23* Be it further enacted, That all persons pres- Misdemeanor 
ent, and not giving immediate information on the offend- J» n . ot in - 
ers, shall be regarded guilty of a misdemeanor against ormiIlga 
the law, and shall be punished accordingly. 

Sbo. 24,. Be it further enacted. That it shall not be pubiieaUonof 
lawful for any person to pnblish any proffered or pre- orders, etc 
tended order of any secret unlawful elan; and any person 
convicted nnder any of the provisions of this Act, shall 
lot claim, hold or possess anv property, real or person- ^f r 3J riar 
al, exempt from execution, fine, penalty or costs, under fi^*^ 
this Aot; Provided, that nothing herein contained shall 
be so construed as to prevent or exempt any person 
heretofore guilty of any of the offenses herein contained, Proyi8 °- 
from prosecution nnder the law as it now stands. This 
Act to take effect from and after its passage. 

F. S. RICHARDS, 

Speaker of the Howe of Rep rtomtatkee. 

D. W. C. SENTER, 



Passed September 10th, 1868. 



Speaker of ike Smote. 



CHAPTER UL 



AN AOT to Batons the Laws of the State. 



Whebbab, There exists in this State lawless bands of 
desperadoes, who are setting at defiance civil law, and Lawless 
by threats of violence, are forcing many of onr citizens bands. 
to leave their homes; and, 

Whebbas, In certain localities it is entirely impossi- 
ble for civil officers of the State to enforce the laws 
thereof ; in order that the supremacy of the law may be 0ivil law - 
maintained, and that peace and order may prevail; 
Therefore, 

Section 1, Be U enacted by the General Assembly 
<tf the State ef Tewneeeee, That the Governor be, and he GoTernor 
is hereby authorized and empowered, to organize, equip may organise 
and call into active service, at his discretion, a volnn-" 8 ^! „ 
teer force, to be known as the "Tennessee State Guards,' 9 u 
to be composed of one or more regiments from each 

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Congressional District of the State; Provided, always, 

Loyal men that ***& "Tennessee State Guards" shall be composed 

of loyal men, who shall take and subscribe an oath to 

support the Constitution of the United States and the 

Constitution of the State of Tennessee. 

Sec. 2. Be it further enacted, That the State Guards 

H l or g &I " ze d under the provisions of this Act shall be gov- 

ted7 r6gU *" wned and regulated in all respects, by the revised rules 

and regulations of the army of the United States. 

Sec. 3. Be it further enacted, That the Comptrol- 
ler of the State shall issue his Warrant upon the Trea- 
surer, payable to the order of the Governor, for any 
toSS^wIr- * mount in the opinion of the Governor, actually neces- 
rant for fundi sary for the organization, equipment, transportation, 
to pay expen- support and payment, of said "State Guards," not to ex* 
8M * ceed the sum of fifty thousand dollars at any one time; 

and the same shall be paid out of any funds in the 
Treasury not otherwise appropriated; the amount so 
drawn from the Treasury to be replaced as hereinafter 
provided. 
Sec. 4. Be it further enacted, That, whenever a 
Bepresenta- ^ re P re8en ^ion is made to the Governor from any 
tion to Gov. county or counties by the Judge and Attorney-General 
of the Circuit in which said county or counties are situa- 
ted, and the Senator and Representatives, and ten Union 
men of good moral character, of said county or coun- 
ties, that the laws cannot be enforced, and the good 
citizens of that county or counties cannot be protected 
in their just rights on account of rebellion, or insurrec- 
tion, or the opposition of the people to the enforcement 
Martial law. of law and order, the Governor be, and be is hereby 
empowered, to declare martial law in any county or 
counties of the State, for the protection and safety of 
the citizens thereof; and furthermore, as it is right and 
proper that good, peaceable, and law-abiding citizens of 
the State should not be held responsible or suffer loss 
for the violent acts of such turbulent communities, it 
shall be the duty of the Governor to assess and collect 
Governor to a sufficient amount for the full payment of said "State 
to make as- Guard" so employed, out of said county or counties so 
sessment. declared under martial law, as provided for in Sections 
3 and 4, of An Act passed February 1st, 1868, Chapter 
thirty-three entitled '* An Act to amend An Act for the 
protection of Sheriffs, etc." 

Sec. 5. Be it further enacted, That upon the ap- 
plication of the sworn statement of ten or more known 
^troops?" 8 unconditional Union men, of good moral character, or 
three Justices of the Peace of any county in this State, 
setting forth that the civil laws cannot be enforced in 
such county, and that the law-abiding citizens cannot be 

Digitized by LiOOQ IC 



25 

protected in their rights and liberties without Hie aid of 

the military authorities, it shall be the duty of the Gov- Q 0t6nidr to 

ernor to furnish such number of troops as may be ne- furnish troop* 

eessary to enforce the laws and protect the citizens from 

violence. 

Sec. 6. Be it farther enacted, That all laws, and Bepeaied. 
parts of laws, in conflict with this Act, are repealed; and 
this Act shall take effect and be in force from and after 
its passage. F. S. RICHARDS, 

Speaker qf the Souse of Representative*. 

D. W, C. SENTER, 

Speaker qf the Senate, 

Passed September 10th, 1868. 



CHAPTER IV. 

AN ACT to Defraj the Expenses of this Extraordinary Session of 
the General Assembly. 

Section 1. Be it enacted h/ the Gfeneml Assembly qf 
the State of Tennessee, That the Comptroller of the comptroller 
Treasury issue his warrant to each Member of the Senate issue warrant 
and House of Representatives, for the sum stated to be to members, 
due to each, in the annexed Report of the Committee on 
Finance. 

Sec. 2. BeUfwrther enacted, That the Comptroller Officers, 
issue his warrant to the Officers of the Senate ana House 
of Representatives, to-wit: 



OFFICERS' NAMES. 



David M. Nelson, P. C. of the SenaAe, 

Wm. Baker, E. 0- of the Senate, 

Clay Newland, Assistant C. of the Senate,. * . 

W. T. Oate, Doorkeeper of the Senate, 

B. T. R. Foster, Asst. Doorkeeper of Senate, 

J. C. Napier, Porter of the Senate, 

Geo. Edgar Grisham, P. 0. of the H. of R. . 
Ben. Cunningham, Asst. C. of H. of R.,. . . . 

J. M. Alexander, E. C. of H. of R., 

R. H. Chandler, Doorkeeper of H. of R.,.. . . 
J. H. Sumner, Asst. Doorkeeper of H. of R.,. 

Alfred Camp, Porter of H. of R., 

Frank Hyberger, Sergeant-at-Arms 



DATS. 



50 
50 
50 
50 
50 
50 
50 
50 
50 
50 
50 
50 



am't. 



$300 
300 
300 

200 "» 

200 Officers of 
2Q0 Senate and 
gQQ House of Rep. 

300 
300 
200 
200 
200 
100 



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8bc. 3. Be it further eluded, Thai the Principal 
Ma'palCi'ks Clerk of ibe Eta*** "d the Principal Clerk of the 
of Howe »od House of Representatives, shall renain a sufficient time 
Senate to re- «fter the adjournment, to file their papers of the Senate 
mftin - and House of Representatives in the Secretary of State's 

office, and close up their business; for which each of 
them shall be allowed forty cents per page, for copying 
the Journals; and that the Comptroller issue his warrant 
for the same. 
Sbo. 4. Be it further enacted, That the Comptroller of 
Pit forlndex- *^ e Treasury issue his warrant to D. M. Nelson, Principal 
es to Clerks. Clerk of the Senate, and Geo, Edgar Grisham, Principal 
Clerk of the House of Representatives, for twenty nve 
dollars each, for making out and preparing an Index to 
the Journals of the Senate and House of Representa- 
tives, for this Extra Session. 
Sec. 5. Be U further enacted, That the Comptroller 
Gomptroii'rtoi88ue to, and pay, the several publishers of the newspa- 
wfor papere p^ f or the papers actually furnished and subscribed 
hen 8 mem 'fbr by the General Assembly, and laid upon the tables 
of each member every day of the session, at the current 
subscription price of the same. Said payment shall be 
made in accordance with House Resolution No. 9, 
of this Extra Session of the General Assembly, regulat- 
ing the number of papers each member shall receive at 
the expense of the State, for which he actually subscribed. 
Sec. 6. Be it further enacted, That the Hon. F. S. 
Speaker of Richards, Speaker of the House of Representatives, 
House to re- shall remain a sufficient time, after the adjournment, to 
main * close up his official business, and that he be allowed his 

per diem; and that the Comptroller issue his warrant for 
the same. 

Sec. 7. Be it further enacted, That the Comptroller 
issue his warrant to each member of the House of Rep- 
Poet Stamps, resentatives, for three dollars, to procure postage stamps, 
for the use of the members and officers of the same, as 
per House Resolution No. — . 
Sec. 8. Be it further enacted, That the Hon. D. W. 0. 
Speaker of Se nter » Speaker of the Senate, shall remain a sufficient 
Senate tore- time, after the adjournment, to close up his official busi- 
main. ness, and he be allowed his per diem; and the Comp* 

troller issue his warrant on the Treasurer for the same. 
Sec. 9. Be it further enacted, That the Engrossing 
Eng. Clerks of Clerk of the Senate, and the Engrossing Clerk of the 
House&Sen'te House of Representatives, shall, each of them, be requir- 
ed to complete their duties, prior to, and before the ad- 
journment of this Extra Session of the General Assembly. 
Sec. 10. Be it further enacted, That the Secretary of 
naiflform°em-^ tate cau8e one c°py of the Acts and Journals of the 
ben, eto. present Extra Session of the General Assembly, to be 

Digitized by VjOOQlC • 



2* 

bound for each member of both Houses, and the officers 
of the same, and to be distributed with the other Acts 
and Journals. ( 

Sec. 11. Beit further enacted, That the Secretary of 
State and Comptroller of the Treasury, examine the ac -|^mp f troUep 
counts for Job Printing executed for this Extra Session to examine 
of the General Assembly, and pay the same, as per rates printer's bills, 
specified by law, out of any money not otherwise appro- 
priated. 

Sec. 12. Beit further enacted, That the Comptroller 
of the Treasury issno his warrant to the Nashville Gas Gafl Ught ^ 
Light Company, for the amount due them for gas fur- 
nished at the Capitol. 

Sec. 13. Be it further enacted. That the provisions of 
section 19, of An Act entitled "An Act to pay the cur- 
rent expenses of this General Assembly," etc., passed ^J "J** 
March 13th, 1868, shall apply, in all respects, to the ' 
payment of the expenses of this Extra cession of the 
General Assembly, as per House Joint Resolution No. 29. 

Sec. 14. Be it further enacted, That the Comptroller 
issue his warrant on the Treasurer, to Capt. Frank Hy- pkH J bw l er - 
berger, for the sum of eight dollars and fifty cents, as 
per House Resolution No. 24. 

Sec. 15. Be it further enacted, That the sum of twenty 
dollars be allowed J. M. Alexander, Engrossing Clerk jjMLAlexan'r. 
of the House, for extra services in keeping an Index to 
the written Journal of the House, for the benefit and 
convenience of the members thereof. 

Sec. 16. Be it further enacted, That the Comptroller 
issue his warrant on the Treasurer, to Capt. Prank Hy-F'kHyberger* 
berger, for the sum of one hundred and thirty-five dol- 
lars and forty cents, for expenses incurred in procuring 
witnesses, as per House Joint Resolution No. — . 

Sec. if. Be it further enacted, That the Comptroller 
issue his warrant to the Chairman of the Joint Commit- oom'teeunder 
tee appointed uuder Senate Joint Resolution No. 10, forg. j.b^No.io 
traveling expenses, while in the discharge of the duties 
assigned them, upon the Chairman presenting an account 
therefor. 

Sec. 18. Be it further enacted, That the sum of fifty 
dollars is hereby appropriated to the Rev. Wm. W. ^ ^ 
Campbell, for acting as Chaplain in opening the sessions Campbell, 
of the Senate with prayer, during this Extra Session, 
and that the Comptroller issue his warrant on the Treas- 
urer for the same. 



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38 



SENATORS' NAMES. 



Aldridge, J no 

Cate, A. M 

Eckel, Joseph 

Eaton, R. P 

Elliott, W. Y 

Frierson, J. B 

Puson, J. A 

Garner, W. A 

Henderson, S. M 

STtartf Keith, G,W 

Lindsley, A, V, S 

Lyle, Berry 

Matthews, S 

McCall, J.R 

Nelson, P. P. C 

Norman, Jno 

Patterson, H. S 

Parker S 

Rodgers, Jno. B 

Smith, W.J 

Underwood, 

• Wisener, W, H 

Wyatt, Wm 

Wilson, David 

Senter, D. W. Q.,Sp'kr. 



No. of 


Per 


Miles 




Days. 
50 


Diem. 


trVld 


Mileage. 


$200 


500 


180 00 


50 


200 


366 


58 72 


50 


200 


626 


116 00 


50 


200 


492 


78 72 


50 


200 


62 


9 97 


50 


200 


106 


16 96 


50 


200 


120 


19 20 


50 


200 


192 


30 72 


50 


200 


416 


66 56 


50 


200 


570 


91 20 


50 
50 


200 
200 






250 


40 00 


50 


200 


500 


80 00 


50 


200 


600 


96 00 


50 


200 


727 


116 32 


50 


200 


226 


36 16 


50 


200 


120 


19 20 


50 


200 


174 


27 80 


50 


200 


240 


38 40 


50 


200 


470 


75 20 


50 


200 


306 


48 96 


50 


200 


126 


20 16 


50 


200 


210 


33 60 


50 


200 


240 


38 40 


50 


300 


596 


95 36 



Total 
Amount. 



$280 00 
258 72 
316 00 
278 72 
209 97 
216 96 
219 20 
230 72 
266 56 
291 20 
200 00 
240 00 
280 00 
296 00 
316 32 
236 16 

219 20 
227 80 
238 40 
275 20 
248 96 

220 16 
233 60 
238 40 
395 36 



REPRESENTATIVES' 
NAMES. 



^ 6, J • H. .... 

Allen, R. J 

Anderson, Jno . . 

Baker, J. W... 

Bowles, Jno. ... 
Members of Brown, J. W . . . 
the House of Black man, S. M. 
Represents- Bloom, G. M. . . 
tlTes * Bosson,Wm.... 

Brewer, David . . 

Carter, B. M... 

Chiles, J. C . . . . 

Carey, Jno 

Cagle, M. J. J.. 

Cason, Favor... 



No. of 


Per 


Miles 




Days. 


Diem. 


trr'ld 
606 


Mileage. 


50 


$200 


$90 96 


50 


200 


500 


80 00 


50 


200 


350 


56 00 


50 


200 


700 


112 00 


50 


200 


372 


59 52 


50 


200 


164 


26 24 


50 


200 


500 


80 00 


50 


200 


428 


68 48 


50 


2O0 


64 


10 24 


50 


200 


220 


35 20 


50 


200 


140 


22 40 


50 


200 


560 


89 60 


50 


200 


200 


32 00 


50 


200 


100 


16 00 


50 


200 


80 


12 80 



Total 
Amount. 



$296 96 
280 00 
256 00 
312 00 
259 52 
226 24 
280 00 
268 48 
210 24 
235 20 
222 40 
289 60 
232 00 
216 00 
212 80 



Digitized by VjQOQIG 



2» 



REPRESENTATIVES' 

NAMES. 



Cordell, J. M 

Dame, G. W 

Doughty, J. A 

Dowdy, Rofus 

Dyer, J. 

Faulkner, L. L 

Galbraith, R 

Griffith, J, 

Gilmer, J 

Grayson, J. W. M. . . 

Hale, James 

Hodge, E J 

Hewatt, R. A 

Hamilton, T. A 

Hamilton, J. H 

Hunt, T. S 

Hammer, J. M 

Hacker, N 

Inman, S. H 

Inman, Charles 

Jordan, W 

Johnson, W. H 

Kercheval, T. A 

Lillard, A. P 

Medlin, Robert 

Meyers, Vincent 

McPall,D.M 

McKinley, Thompson 

Morris, Hiram 

Murray, W. W 

McNair, J. E 

Mynatt, L. M 

Mason, T. J 

Moore, J. A .... 
Poston,W.T. ...:. 

Puckett, I. N 

Porter, J. J 

Prosser, W. F 

Prestwood, J. A 

Pitts, Alfred 

Reeves, J. O. K 

Reed, J. P. 

Robinson, W. T 

Ryder, M.T 

Roach, J. J... 



No. of 
Days. 


Per 
Diem. 


Miles 

trr'ld 


Mileage. 


50 


$200 


650 


104 00 


50 


200 


266 


42 56 


50 


200 


560 


89 60 


50 


200 


564 


42 24 


50 


200 


590 


94 40 


50 


200 


210 


33 60 


50 


200 


126 


29 16 


50 


200 


452 


72 32 


50 


200 


112 


17 92 


50 


200 


820 


131 20 


50 


200 


630 


100 80 


50 


200 


460 


73 60 


50 


200 


850 


56 00 


50 


200 


470 


75 20 


50 


200 


250 


40 00 


50 


200 


120 


19 20 


50 


200 


594 


95 04 


50 


200 


720 


115 20 


50 


200 


630 


100 08 


50 


200 


600 


96 00 


50 


200 


50 


8 00 


50 


200 


560 


89 60 


50 
50 


200 
200 






100 


16 00 


50 


200 


370 


59 20 


50 


200 


610 


97 60 


50 


200 


36 


5 76 


50 


200 


52 


8 32 


50 


200 


132 


20 80 


50 


200 


214 


33 92 


50 


200 


220 


35 20 


50 


200 


555 


88 80 


50 


200 


472 


75 52 


50 


200 


360 


57 60 


50 


200 


400 


64 00 


50 


200 


146 


23 36 


50 


200 


360 


57 60 


50, 


goo 


16 


2 56 


50 


200 


268 


42 88 


50 


200 


356 


56 96 


50 


200 


624 


99 84 


50 


200 


172 


27 52 


50 


200 


120 


19 20 


50 


200 


470 


75 20 


50 


200 


250 


40 00 



Total 
Amount. 



$304 
242 
289 
242 
294 



220 
272 
217 
331 
300 
273 
256 
275 
240 
219 
295 
315 
300 
296 
208 
289 
200 
216 
259 
297 
205 
208 
220 
233 
235 
288 
275 
257 
264 
223 
257 
202 
242 
256 
299 
227 
219 
275 
240 



00 Members of 
5g Homo of Bep- 
gn reeentetiTea, 

24 
40 
60 
16 
32 
92 
20 
80 
60 
00 
20 
00 
20 

20 Same. 

08 
00 
00 
60 
00 
00 
20 
60 
76 
32 
80 
92 
20 

52 Same. 

60 
00 
36 
60 
56 
88 
96 
84 
52 
20 
20 
00 



Digitized by VjOOQlG 



80 



EEPBE8ENTATWBT 

NAMES. 



Singletary, F. 8 

i* Shepherd, W. H 

g— ?*»«>- Smith, T. A 

Twmmuvm - Sparkman, James 

Stone, I. < 

Taylor,!. A , 

Taylor, Jesse 

Tbornburgh, J. W,.., 

Tbornburgb, D. O. . . . 

Thompson, G. W 

Turner, W. R. H 

White, W.O..' 

Same. White, J, B 

Woodcock, W. M. . . . 

Woodard, Jno 

Welsh, Jno 

Walker, J. P 

Waters, W. L. 

Williams, E. 8...*.. . 

Wines>G. W 

Richards, F, 8., SpTtr. 



Mo. of Pot 


Kite 


D»y». 


Dim. 


tr"Tld 


60 


$200 


$762 


50 


200 


640 


50 


200 


262 


50 


200 


250 


50 


200 


280 


50 


200 


754 


50 


200 


260 


50 


200 


596 


50 


200 


576 


50 


200 


126 


50 


200 


196 


50 , 


200 


860 


50 i 


200 


704 


50 


200 


150 


50 


200 


50 


50 


200 


826 


50 


200 


400 


50 


200 


90 


50 


200 


120 


50 


200 


125 


50 


300 


470 



MUMP- 



121 92 

102 40 
41 92 

40 00 
44 80 

120 64 

41 60 
100 48 

92 16 
20 16 
31 86 
57 60 
.12 64 
24 00 
8 00 
132 16 
64 00 
14 40 

19 20 

20 00 
75 20 



Total 
Amount. 



$821 92 
802 40 
241 92 

240 00 
244 80 
320 64 

241 64 
300 48 
292 16 
220 16 
231 36 
257 60 
312 64 
224 00 
208 00 
332 16 
264 00 
214 40 

219 20 

220 00 
375 20 



Sec. 10. Be it further maded, That this Act shall 
take dfect from and after its passage. 

F. S. RICHARDS, 

Sptaktr of the Monte of Rtprctentativm. 

D. W, C. SENTER, 

fyeikerif the Setutie. 

Passed September l«th, 1««8. 



Digitized by LiOOQ IC 



Digitized by LiOOQ IC 



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RESOLUTIONS. 



NUMBER I. 

SENATE RESOLUTION Notifying House of Representatires of the 
organisation of the Senate. 

Resolved, That the Principal Clerk of the Senate be 
directed to notify the House of Representatives that the 
Senate is organized and ready for business. 

D. W. C. SENTER, 



Adopted July 28th, 1868, 



Speaker qf the Senate. 



NUMBER II. 

HOUSE RESOLUTION Appointing Frank Hyberger Sergeant-at- 

Arms, 

Resolved, That Captain Frank Hyberger be, and he 
is hereby appointed Sergeant-at-Arms of the House of 
Representatives, Vice Wm. Heydt, removed from the 
State. 

P. S. RICHARDS, 

Speaker of the Routt *f Representative*, 

Adopted July 28th, 1868. 
3 

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34 



NUMBER HI. 

SENATE RESOLUTION Referring Governor's Message to appro- 
priate Committees. 

Besdved 1st, That so much of the Governor's Mess- 
age as refers to the calling put the Militia and sup- 
pressing the KuElux Klan, be referred to the Committee 
on Military Affairs* 

Beadved 2nd, That so much of the Governor's Mess- 
age as refers to the Finances of the State, bereferred to 
the Oommitte on Finance, Ways and Means. 

Resolved 3rd, That so much of the Governor's Mess- 

Sie as refers to the Penitentiary, be referred to the 
ommittee on the Penitentiary. 
Besdved further, That the said Committees have 
power to send for persons and papers in their examina- 
tion. 

D. W. 0. SENTER, 

Speaker */ the Senate. 

Adopted July 28th, 1868. 



NUMBER IV. 

SENATE RESOLUTION Furnishing Newspapers, etc., to Members 
and Officers. 

Besdved, That the usual newspapers be furnished this 
House for the use of the members and officers thereof. 

D. W. C. SENTER, 

Speaker <rf the Senate. 

Adopted July 28th, 1868. 



■ 



85 



NUMBER V. 

HOUSE RESOLUTION Furnishing Newspapers to Members and 
Officers. 

Resolved hu the House cf Representatives, That the 
Doorkeeper furnish each member and officer, with three 
daily newspapers this Extra Session, and the expenses be 
included in the General Appropriation Bill 

P. S. RICHARDS, 

Speaker qf the Houee qf Mepretentotiw. 

Adopted July 29th, 1868. 



NUMBER VI. 

SENATE RESOLUTION Galling upon Comptroller for Report as to 
State Bonds, Railroad Companies, State Debt, Clerks, Revenue 
Collectors, etc 

Resolved, That the Comptroller be respectfully re- 

! [nested, as early as practicable, to report to the Senate 
or the information thereof, 

First, Whether the semi-annual interest falling due 
July 1st, 1867, on the Bonds of the State, issued for 
herself and the railroad companies, indorsed by the 
State, was paid, and if so, out of what funds, and from 
what sources derived. 

Second, Whether the semi-annual interest on said 
bonds falling due on the first day of January, 1868, was 
paid, if so, out of what funds, and from what sources 
derived, and by what authority the funds were thus ap- 
plied, if by law, by whom, and by what authority made, . 
and how much, and from whom borrowed? 

Third, What bonds, and what amount have fallen, 
due the present year, and whether they, or any part 
thereof, have been paid, and if not, why not: or if any 
portion has been paid, out of what funds, and how were 
they raised, and when were said bonds thus paid? 

Fourth, Whether the Isemi-annual interest, falling 
due the first instant on the bonds of the State, or for 
which she is liable, has been paid, if not, why not, audi 

Digitized by LiOOQ IC 



how much thereof is unpaid, and whether any previous 
semi-annual interest is unpaid? 

Fifth, Whether any, and if so, what railroad com- 
panies have failed to pay the interest on the bonds 
loaned to them, or on their own bonds indorsed by the 
State, due the first of July instant, and what amount is 
owing by each, either of tho July or previous interest? 

Sixth, Whether any of the railroads to which bonds 
of the State have been loaned, have been placed in the 
hands of Receivers, and if so, what roads; and whether 
the Receivers, or any of them, since their appoinment, 
have paid the interest on the bonds issued to their re- 
spective companies? 

Seventh, That he report the amount of State debt, 
either direct, collateral, or contingent, and the amount 
of the funds that is required semi-annually to meet the 
interest, and what means the State has to pay the same. 

Eighth, That he report the names and amounts in 
arrears, of persons charged with the collection of the 
revenue, either as Clerks or Collectors, if there be any 
such, and when the same was due and payable, and 
what means have been adopted to enforce the payment 
thereof. 

And be it further resolved, That to enable the Comp- 
troller to furnish the foregoing information speedily, he 
may employ such number of clerks as may be necessary 
for that purpose, and that the clerk furnish him with a 
copy hereof. 

D. W. C. SBNTER, 

Speaker qf the Senate. 

Adopted July 29th, 1868. 



NUMBER VII. 

HOUSE RESOLUTION Lamenting the death of Hon. M. A. Graves. 

Resolved by the House of Representatives of the State 
Tennessee, That we deeply regret the death of the 

x>n. M. A. Graves, Representative from the County of 
Jackson; that in his death, the House has lost a useful 
member, the State a good citizen, and the Government a 
firm and ardent supporter, having served in her army 
during the rebellion, j 

Digitized by LiOOQ IC 



87 

Resolved further. That we sympathize with his fami- 
ly; and as a token of respect for his memory, that the 
members and officers of this body wear the usual badge 
of mourning for thirty days; and that a copy of these 
resolutions be forwarded to the family of the deceased, 
and that the same be spread on the Journal of this 
House. 

F. S. RICHARDS, 

Speaker qf the Sbuee of Representative*. 

Adopted July 29th, 1868, 



NUMBER VIII. 

SENATE RESOLUTION Calling on Board of Finance for Report 
as to the manner in which they hare discharged the duties im- ""! 

posed on them, etc. 

Resolved, That the Financial Board, created by the *"* 

Act of the Legislature, Chapter 69, passed omthe 13th 
day of March, be respectfully requested to furnish the 
Senate with a full statement, or report, of the manner 
in which they have discharged the duties imposed on 
them by said Act, particularly. 

First, Whether any bonds have been issued under 
said Act, if so, how many, and at what rate of interest; 
whether either principal or interest on the face of said 
bonds was payable in gold or in the lawful money of 
the United States; and whether any of said bonds have 
been disposed of, and whether at par or at a premium 
or discount, and at what rate of premium or discount, and 
in what market, and where the principal and interest 
were payable, and what became of the proceeds. 

Seoondy Whether any of the Bonds of the State 
have fallen due, and if so, how many, and whether they 
were paid at or before maturity, if not, have they, or 
any portion of them been since paid, and how were they 
paid; and what bonds have fallen due since the creation 
of said Board. 

Third, Whether the semi-annual interest on the 
Bonds of the State, issued for her own use and benefit, 
have been paid. 

Fourth, Whether the semi-annual interest on the 
Bonds of the State loaned to railroad eompanies, and 
on the bonds of railroad companies, indorsed by the 
State, have been paid, either by them or the State, and 

Digitized by LiOOQ IC 



98 

if not, why not; and how much of said interest is now 
owing and unpaid, either by the companies or State. 

D.W, 0. SENTER, 

Speaker of the Senate. 

Adopted July 29tb f 1868. 



NUMBER IX. 

SENATE RESOLUTION Requesting Directors of the Penitentiary 
to report. 

Resolved, That the Directors of the Penitentiary be 
requested to report in full, the condition of the Prison, 
and the trembles by which they are surrounded. 

D. W. C. SENTER, 

Speaker qf the Senate. 

Adopted July 30th, 1868. ' 



NUMBER X. 

HOUSE JOINT RESOLUTION Sustaining the Credit of the State. 

Resolved by the General Assembly qf the State of Ten- 
nessee, Thai the maintenance of the State credit is the 
duty of every honest and patriotic citizen; and her pres- 
ent financial obligations, under all circumstances, are to 
be upheld in the strictest integrity and good faith; and 
all insinuations of bad faith or repudiation, direct or in- 
direct, are unworthy of a sensitive and highsouled peo- 
ple, who have ever been ready to maintain her honor 
with their blood and treasure. 

F. S. RICHARDS, 

Speaker of the H<npe •/ Representative*. 

D. W. C. SENTER, 

Speaker qf the Senate, 

Adopted July 30, 1868. 



*9 



NUMBER XI. 

HOUSE JOINT RESOLUTION Lamenting <he death e Hon. J«mee 
M. Martin. 

Resdved by the General Assembly of the State ef Ten- 
nessee, That we deeply regret the death of Hob. James 
M. Martin, Representative from the County of Carroll, 
who died of pneumonia, at his residence in Carroll 
County, Tennessee, April 21st, 1868; that in his death 
this body has lost a good and patriotic member, the 
State a good citizen, the Government a soldier and 
friend, his family an affectionate protector. 

Resdved further, That we sympathize with his be- 
reaved family and friends; and, as a token of our re- 
spect for his memory, that the members and officers of 
the General Assembly wear the usual badge of mourning 
for thirty davs. 

Resdved further, That a copy of these resolutions be 
forwarded to his family, and the same be spread upon 
the Journal of this General Assembly. 

F. S. RICHARDS, 

Speaker ef the Bouse of Representatives. 

D. W. C. SENTER, 
Adopted July 30, 1868. 



NUMBER XII. 

SENATE JOItfT RESOLUTION To pay member* of the Senate and 
House, their per diem, 

Resdved by the General Assembly cf the State of Ten- 
nessee, That the Treasurer pay to each member of the 
Senate and House, and the officers of each House, their 
per diem up to the time of the application, taking their 
receipts therefor. 

F. S. RICHARDS, 

Speaker of the House of Representative*. 

D. W. C. SENTER, 

Speaker qf the Senate. 

Adopted July 31, 1868. 

Digitized by VjOOQlG 



40 



NUMBER Xffl. 

HOUSE RESOLUTION Dooliring owtain Committoa Independent 
Hone* Committees. 

Besolved, That the Select Committees appointed by 
this House, to take into consideration that portion of 
the Governor's Message relating to the Penitentiary and 
Militia, be declared independent House Committees, and 
requested to take into immediate consideration the mat- 
ters referred to them. 

P. S. RICHARDS, 

Speaker qf the Eouee qf Representative*. 

Adopted July 31, 1868. 



NUMBER XIV. 

HOUSE RESOLUTION Galling on Col. A. E. Boon*, for report, 
etc., ete. 

Besolved, That Col A. E. Boone is hereby requested 
to furnish to this body, a report of his actions and set- 
tlements, and is further requested to furnish a detailed 
statement of the entire expenses of the Tennessee State 
Guard. 

Besolved further, That the Select Committee appoint- 
ed by this House, to settle with Col. A. E. Boone, be 
constituted an Independent House Committee, and re- 
quested to go forward in the settlement with Col. Boone, 
in accordance with the recommendations made by the 
Governor. 

P. S. RICHARDS, 

Speaker qf the Mouse •/ Representatives. 

Adopted July 31, 1868. 



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41 



NUMBBB XV. 

HOUSE RESOLUTION Galling upon Comptroller for report as to 
EngraYed Bonds, etc 

Resolved, That the Comptroller report to this House, 
the number and character of bonds engraved and de- 
livered for the use of the State since the 8th day of 
April, 1865, to the 31st day of July, 1808 ; the number 
and character of engaved bonds executed and issued, and 
for what purpose they were issued, since the 8th of April, 
1865, to the 31st day of July, and the date of tneir 
maturity ; the number of bonds and their character, 
rate of interest, and the date of their maturity, executed 
and not used, and on hand, and for what purpose they 
were intended to be used; and the report, as above re- 
quired, to state the interest of the bonds issued, and 
whether to be paid in currency or in gold; and that he 
also report the number of engraved bonds on hand and 
not executed. 

F. S. RICHARDS, 

Speaker of the House of Representative*. 

Adopted July 31, 1868. 



NUMBER XVI. 

SENATE JOINT RESOLUTION Directing Comptroller to issue. 
Warrant for Postage Stamps. 

Resolved by the General Assembly of the State of Ten- 
nessee, That the Comptroller issue his warrant upon the 
Treasurer, to the Door-keeper of the Senate, for three 
dollars for each member and officer of the Senate, for 
postage stamps; and that he also issue his warrant to 
the door-keeper of the House for the like purpose, for 
a similar amount, for each member and officer of the 
House. 

P. g. RICHARDS, 

Speaker of the Souse of Representative*. 

D. W. 0. SENTER, 

Speaker of the Senate. 

Adopted August 3, 1868. 

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42 



NUMBER XVII. 

HOUSE RESOLUTION Appointing Committee to make Investiga- 
tions as to Conspiracy against the State credit. 

Wmbeas, It is evident that a foul conspiracy has 
been entered into, by parties as yet unknown to the 
public, for the purpose of injuring the credit of the 
State and depreciating the price of her bonds, for pur- 
poses of speculation. 

Whereas, His Excellency, W. Q. Brownlow, Gov- 
ernor of Tennessee, recommends the appointment by 
the General Assembly, of a Joint Select Committee, 
with full power to send for persons and papers, for the 
purpose of ferreting out the guilty parties; Therefore, 

Be it resolved by the Home of Representatives of the 
State of Tennessee, That a Select Committee of five be 
appointed with full power to send for persons and pa- 
pers, and make a thorough examination into all the' 
facts and circumstances connected with the aforesaid 
conspiracy, and report to the General Assembly as soon 
as practicable. 

P. S. RICHARDS, 

Speaker of the Souse of Representative*. 

Adopted August 3, 1868. 



NUMBER XVIII. 

SENATE RESOLUTION Calling on Secretary of State and Comp- 
troller to report in regard to payment of interest on State Debt, etc. 

Whereas, The Report of the Financial Board, sub- 
mitted through its President, Mr. Watson, censures the 
conduct of the Comptroller and Secretary of State, dur- 
ing and since their connection with said Board, placing 
the responsibility of the failure to pay the interest of 
the State debt upon them; Therefore, 

Besdved, That the Comptroller and Secretary of 
State, be, and are hereby requested, to report such facts 
upon the subject as may be in their possession, as early 
as convenient. D. W. C. SENTER, 

Speaker of the Senate. 

Adopted August 4, 1868. 

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43 



NUMBER XIX. 

HOUSE RESOLUTION Galling on Secretary of the Board of Fi- 
nance to report to the House of Representatives. 

Whereas, The Act creating the Board of Finance, 
requires that the record of the proceedings of said 
Board shall be laid before the Legislature; Therefore, 

Be it resolved. That the Secretary of the Board of 
Finance make out, without delay, a copy of the record 
of the proceedings of said Board, and present the same 
to the House. 

F. S. RICHARDS, 

Speaker of the House of Representatives. 

Adopted August 5, 1868. 



NUMBER XX. 

HOUSE RESOLUTION Asking Secretary of State and Comptroller 
to report in relation to their connection with Board of Finance. 

Whereas, The Secretary of State and Comptroller 
have not, of late, taken part in the proceedings of the 
Board of Finance; Therefore, 

Be it resolved by the Home of Representatives of the 
General Assembly of the State of Tennessee, That the 
Secretary of State and Comptroller, be requested to 
report to the House an account of their connection 
with, and their reasons why they have not taken part, of 
late, in the proceedings of said Board. 

F. S. RICHARDS, 

Speaker */ the House of Representative*. 

Adopted August 5, 1868. 



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NUMBER XXI. 

HOUSE RESOLUTION Calling on the United States Government 
for Troops. 

Resdved, That the Committee on Military Affairs take 
into consideration the subject of calling on the United 
States authorities to furnish, as the emergency may de- 
mand, to the State of Tennessee, a military force to aid 
the Government in preserving the peace and affording 
protection to the persons ana property of oar citizens; 
and that they report the result of their deliberations. 

P. S. RICHARDS, 

Speaker of the House of Representatives. 

Adopted August 7, 1868. 



NUMBER XXII. 

HOUSE RESOLUTION Granting the use of the Hall of the House 
to Judge Lewis and others. 

Resdved, That the use of the Hall of the House of 
Representatives, on Thursday evening, be granted Gen- 
eral W. J. Smith, Judge Lewis, Captain Hudson and 
Captain Carter, in conjunction with parties granted the 
same privilege, by action of this House, on yesterday. 

F. S. RICHARDS, 

Speaker of the Howe of Representatives. 

Adopted August 11, 1868. 



NUMBER XXIIL 

HOUSE RESOLUTION Galling on the Special Committee on Mili- 
tary Affairs, to report 

Resdved by the House of Representatives, That the 
Special Committee on Military Affairs, be requested to 
report to this House, whether there are any State Guards 
now existing under the laws of this State. 

P. S. RICHARDS, 

Speaker of the Mouse of Representative*. 

Adopted August 11, 1868. 



46 



NUMBER XXIV. 

SENATE JOINT RESOLUTION Upon the Death of Th&ddens 
Stevens. 

Whereas, The mournful intelligence has been commu- 
nicated to this body, that it has pleased Almighty God, 
in hi3 inscrutable wisdom, to remove from the scenes of 
this transitory world, the Hon. Thaddcus Stevens, a 
member of the House of Representatives of the United 
States, from the State of Pennsylvania; and 

Whereas, We deem it peculiarly appropriate, as the 
Representatives of the loyal people of Tennessee, in 
whose welfare he ever manifested a deep interest, that 
we should, in contemplating this sad event, mingle our 
lamentations with those of the loyal people of the Na- 
tion; and 

Whereas, In common with the great body of the Amer- 
ican people, we recognize and bow to this dispensation 
of Divine Providence, as a National bereavement; 
Therefore, 

Be it resdved by the General Assembly of the State qf 
Tennessee, That we profoundly deplore his death; that 
we should ever honor his memory as the true statesman, 
the devoted patriot, the powerful advocate of the doc- 
trine of American Unity and Nationality, and the able 
defender of human freedom, equal laws, and equal rights. 

Besdved, That as a mark of oar sincere respect and 
deep sorrow, and as a further tribute to the memory of 
the deceased, each member of this General Assembly will 
wear on his left arm, for thirty days, a suitable badge of 
mourning; and that the Superintendent of the Capitol 
be instructed to place the flag at half mast on the Capi- 
tol; and that the Clerk transmit a copy to the family of 
the deceased. 

P. S. RICHARDS, 

Sptaker qf the Howe of Representatives. 

D. W. C. SENTER, 

Speaker of the Senate. 

Adopted August 14, 1868. 



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NUMBER XXV. 

HOUSE JOINT RESOLUTION Granting th^OM of the HaU of the 
House to the National Teachers' Association. 

Whereas, By a Joint Resolution, passed February 15, 
1868, this General Assembly invited, through the State 
Superintendent of Publio Instruction, the National Teach- 
erv Association, and other educational organizations 
therewith, to hold their annual meeting in the City of 
Nashville, and did offer for their free use, the Hall of 
the House of Representatives, the Senate Chamber, and 
other conveniences of the Capitol; which invitation and 
offer was accepted; 

Be it, therefore, resolved by the House of Representa- 
tive*, (the Smote concurring,) That the two Houses will 
take a recess, from Saturday, the 15th inst., at 12 o'- 
clock, M., to Friday, at 12 o'clock, M., the 21st inst. 

F. S. RICHARDS, 

Speaker of the Home of Representative*. 

D. W. C SENTER, 

Speak* of the Senate. 

Adopted August 14, 1868. 



NUMBER XXVI. 

SENATE JOINT RESOLUTION Instructing ComptroUer as to 
payments to Railroad Receivers. 

Resolved bu the Senate, (the Bouse concurring,) That 
the Comptroller of the Treasury is hereby respectfully 
instructed not to pay any money out of the Treasury of 
the State, to Railroad Receivers, for services rendered 
as such Receiver, until said Receiver has made a full 
and complete settlement, and complied, in every respect, 
with the law of the State pertaining to their duty. 

F. S. RICHARDS, 

Speaker of the Eouee qf Representatives. 

D. W. C. SENTER, 

Speaker of the Senate. 

Adopted August 14, 1868. 

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NUMBER XXVII. 

HOUSE JOINT RESOLUTION Appointing a Committee to inte- 
tigate charges against Thomas B. McElwee. 

Be it resdved by the General Assembly of the State of 
Tennessee, That a Committee, to consist of three on the 
part of the House, and Eckel and McCall on the part of 
the Senate, be appointed to investigate charges brought 
against Thos. B. McElwee, as Warden of the Peniten- 
tiary; and that the Committee be empowered to send for 
persons and papers, and make a full report to the Gene- 
ral Assembly. 

F. S. RICHARDS, 

Speaker of the Bouse of RepreeentaUvee 

D. W. C. SENTER, 

Speaker of the Senate* 

Adopted August 27, 1868. 



NUMBER XXVIII. 

HOUSE RESOLUTION To Print the Comptroller's Report. 

Whereas, The Report of the Comptroller of the State, 
in answer to House Resolution, passed August 3d, 1868, 
calling upon him for an account of his connection with 
the Board of Finance, was not printed by order of the 
House; and, 

Whereas, It is believed this omission was the result of 
a misunderstanding of the nature of the document; and, 

Whereas, Said document was written in answer to a 
Resolution of this House, and contains much information 
which ought to be in possession of the people; Therefore, 

Resolved by the House of Representatives of the Oeneral 
Assembly of the State of Tennessee, That two thousand 
copies of said Report be printed for the use of the mem- 
bers of this House. 

F. S. RICHARDS, 

Speaker of the Houee of Repreeentatwea. 

Adopted August 29, 1868. 



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NUMBER XXIX. 

HOUSE RESOLUTION Galling on the Special Committee en Fi- 
nance, to report 

Whereas, The Special Committee on Finance, ap- 
pointed to investigate the alleged conspiracy against the 
State credit, have made no satisfactory report, but have 
announced that they will not report in fall until the next 
session of the Legislature; and, 

Whereas, The Chairman of said Committee has ob- 
tained indefinite leave of absence, and may not be pre- 
sent in time to report to this session of the Legislature; 
and, 

Whereas, The members of this House, and the people 
of the State, have a right to know what proof has been 
taken, and what has been done by said Committee; 
Therefore, 

Resolved by the House of Representatives of the General 
Assembly of the State of Tennessee, That the next mem- 
ber, as Chairman of said Committee, be, and he is here- 
by, required, immediately to report to this House, and 
deposit with the Principal Clerk, all the evidence taken 
by said Committee, and that the same be read and 
printed. 

P. S. RICHARDS, 

Speaker of the House vf Representative*. 

Adopted August 31, 1868. 



NUMBER XXX. 

HOUSE JOINT RESOLUTION Paying the Speaker and Officers on 
a Specie Basis. 

Be it resdved by the General Assembly of the State of 
Tennessee, That House Joint Resolution No. 82, adopted 
on the 9th day of December, 1867, authorizing the Comp- 
troller to audit the accounts of Speakers, members and 



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officers, on a specie basis, be made to apply, in all pro- 
visions, to the present Extra Session of the Legislature. 

F. S. RICHARDS, 

Speaker of the Boute qf Representatives. 

D; W. 0. SENTER, 

Speaker qf the Senate. 

Adopted August 81, 1868. 



NUMBER XXXI. 

HOUSE RESOLUTION Requiting ike Directors of the Peniten- 
tiary to report 

Resolved by {he House cf Representatives, Ttat the 
Directors of the Penitentiary be required to report to 
this House, immediately, whether the law has been com- 
plied with, which requires that the Lessees of the Pen* 
itentiary shall give an approved bond in the sum of 
$60,000, for the fulfillment of their contract. 

P. S. RICHARDS, 
Spemker qf ft* House qf Representative*. 

Adopted August 81, 1868. 



NUMBER XXXH. 

SENATE JOINT RESOLUTION Raising Committee to call upon 
the President of the United States to give protection to the law- 
abiding citizens of Tennessee. 

Resolved by the Sbvote, (the Souse cxmcurring,) That 
a Joint Select Committee, to consist of one on the part 
of the Senate, and two on the part of the House, be ap- 

?ointed to wait upon his Excellency, Andrew Johnson, 
'resident of the United States of America, and place 
fully before him the present condition of affairs in this 



60 

State, and urge upon him to take steps to give protec- 
tion to the law-abiding citizens of the State, under the 
provisions of the Constitution of the United States. 

P. S. RICHARDS, 

Speaker of the Houte of Bepresenta&He. 

D. W. C. SENTER, 

Speaker of the SenaU. 

Adopted September 1, 1868. 



NUMBER XXXIIL 

HOUSE JOINT RESOLUTION Directory to the Comptroller as to 
the payment of Witnesses, etc, etc. 

Resdved by the General Assembly of ike State of Ten- 
nessee, That the Comptroller be, and he is hereby re- 
quired, to issue his warrant to the Sergeant-at-Arms for 
the payment of the accounts of witnesses, and the ex- 
penses incurred in the execution of the orders of the 
different committees authorized to send for persons and 
papers; and that said payments be included in the Gen- 
eral Appropriation Bill of this present session; Provided 
said accounts are approved by the Chairmen of said 
committees, respectively. 

P. S. RICHARDS, 

Speaker of the Home of Representation. 

D. W. C SPNTER, 

Speaker of the Senate, 

Adopted September 2, 1868. 



NUMBER XXXIV. 

HOUSE JOINT RESOLUTION Instructing the Directors of the 
State Penitentiary to place the accounts of Ward & Briggs in the • 
hands of the Attorney-General. 

Resdved by the General Assembly of the State of Tear 
nessee. That the Directors of the Tennessee Peniten- 

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51 

tiary, be, and are hereby instructed to plaee the ac- 
counts of the State against Ward & Briggs, for labor of 
convicts from June 23d to December 31st, 186T, inclu- 
sive, in the hands of the Attorney-General of the State, 
to be prosecuted to a final settlement in the Courts. 

P. S. RICHARDS, 

Speaker of the Home qf Bepreeentatioe*. 

D. W. 0. SENTER, 

Speaker of the Senate. 

Adopted September 2, 1868. 



NUMBER XXXV. 

HOUSE JOINT RESOLUTION To Adjourn on the 14th of Septem- 
ber, 1868. 

Resolved by the General Assembly qf the State qf 
Tennessee, That this Extraordinary Session adjourn 
sine die, on Monday, the 14th day of September, 1868. 

P. S. RICHARDS, 

Speaker of the Some of Representative* 

D. W. C. SENTER, 

Speaker of the Senate. 

Adopted Sept. 5th, 186& 



NUMBER XXXVI. 

SENATE JOINT RESOLUTION Directing Comptroller to eharge in- 
terest on advances. 

Resolved by the General Assembly qf the State qf 
Tennessee, That the Comptroller of the Treasury of the 
State, be, and he is hereby instructed to charge interest 
on all advances of interest the State' may make on all 
Railroad Bonds or other securities. 

P. S. RICHARDS, 

Speaker qf the Houee of Representative*. 

D. W, C. SENTER, 

Speaker of the Senate. 

Adopted Sept. 10th, 1868. 

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NUMBEE XXXVU. 

HOUSE RESOLUTION Tendering thinks to the Officers of the Ex- 
trftordin&iy Session of the 86th General Assembly. 

Resdved by (he Bxm* ef BepresentaUves, That we 
tender our Sincere thanks to the Speaker and Officers of 
this House, for the able and courteous manner in which 
they have discharged the onerous duties imposed upon 
them during this Extraordinary Session of the Legis- 
lature. 

F. S. RICHARDS, 

Speaker qf the Motue of Beprumtathe*. 

Adopted Sept 14th, 1868. 



STATE OP TENNESSEE, ) 

Office of the Secretary of State, > 
Nashville, Oct. 1, 1868. J 
I, Andrew J. Fletcher, Secretary of State of the 
State of Tennessee, do hereby certify, that I have care- 
fully collated the foregoing documents with authentic 
copies, on file, in my office, and find them correctly 
printed. 

ANDBBW J. FLETCHER, 

Secretary qf State. 



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Arnell, Hon. S. M., dispatoh of . 

Appropriation loan -,. 

Adjourn, Resolution to 



.»•*•...•* 



Boone, Col. A. E., Governor refers to 

Boone, Col. A. E., called on for report «•».. 

Board of Finance, acts of, approved 

Board of Finance, Act creating, repealed > *•• 

Board of Finance called on for report* Resolution 8., 

c 



Credit of the State, foul conspiracy against •» 

-Credit of the State, suit for damage to, recommended-. ..».*...« 

Credit of the State to be sustained 

Comptroller to pay interest on the State debt....—..,. ............. 

Comptroller to borrow money, eto.....«...— •« „, 

Comptroller to cancel certain Bonds « .... 

Comptroller, Report from, required by Resolution No. 6 M ...... M 

Comptroller, Report from, required as to Engraved Bonds. 

Comptroller to issue Warrant for Postage Stamps. 

Comptroller to report as to payment of interest 

Comptroller to report as to connection with Board of Finance.. 

Comptroller instructed as to paying Railroad Receivers.. 

Comptroller, Report of, to be printed..^....,. ...,»*.. 

Comptroller to pay certain Witnesses.. «*......«..••«...•.•»•... ...«.., 

Comptroller to charge certain interest , 

Committees, certain, declared Independent * 

Conspiracy, foul, against State credit to be investigated , 



Damage to State credit, suit recommended for, hy the Governor. 



E 



Elections, Act to protect., 



Finance of the State, Governor's Message on. 

Finance, Board of, reorganized ....... 

finance. Act to regulate. • ., 



'•••*•• »««»<«'.'. »i 



Chap. 


Sec 


Page. 






6 


4 


1 


36 
51 

12 
40 


1 


4 


17 


1 . 


7 


17 
87 

11 
11 

88 


1 


1 


16 


1 


6 


17 


1 


8 


17 
85 
41 
41 
42 
48 
46 
47 
50 
61 
40 
42 

11 


2 


12 


21 

10 
10 


1 


1 


15 



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Finance, Board of, called on for Report 

Finance, Board of; Special Committee on, to report- 

a 



Governor, Proclamation of 

Governor, Message of. ~ 

Goyernor, Letter to, from Maj.-Gen. Thomas—, 
Governor, Letter to, from Maj.-Gen. Thomas.... 
Goyernor, Letter from, to Maj.-Gen. Thomas... 
Goyernor, views of, as to political disabilities.. 

Governor may organise State Guards 

Graves, Hon. M. A., death of. 



H 

Hyberger, Capt. F., appointed Sergeant-at-Arms., 

Hall of House granted to Judge Lewis * 

Hall of House granted to Teachers' Association.., 



Interest on State debt, to be paid „.., 



Ku Klux Elan, Governor's views of , 

Ku Klux Klan, search for Hon. 8. M. Arnell. 
Ku Klux Klan, Act to punish 



M 



Message of the Governor „...«.*.. 

Militia, Governor may have * 

Martial law, Governor may proclaim ........... 

Message referred to Committee, Resolution No. 8 

Martin, Hon. James M., Resolution on death of. 

Military Affairs, Committee of, instructed 

Military Affairs, Committee of, called on for report... 
McElwee, T. B., charges against, to- be investigated.. 

N 

Newspapers furnished to Members* Resolution No. 4.. 
Newspapers furnished to Members, Resolution No. 5.. 



Proclamation of the Governor , 

Penitentiary, Governor calls attention to 

Penitentiary, Directors of, called on for report- 

Penitentiary, Directors of, called on for report «.. 

Peace, Act to preserve 

Pay, per diem, ordered 

President of United States cabled on for military aid-. ....... 

Penitentiary, Directors of, to bring suit ...„ 



Railroads, Notice to, by the Governor-... 
Railroads, Receivers of, when to be paid. 



Chap, 



Sec 


Page. 




87 




48 




8 




6 




7 




7 




8 




12 


1 


28 




86 




88 




44 




46 


1 


15 




6 




6 


1 


18 




5 


1 


28 


4 


24 


* 


84 




89 




44 




44 




47 




84 




86 




8 




12 




88 




49 


1 


18 




89 




49 




60 




11 




46 



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RESOLUTIONS— 

Notifying the House of the organisation of the Senate 

Appointing F. Hyberger Sergeant-at-Arms 

Referring Governor's Message to Committee , 

Furnishing Newspapers to Members 

Galling on Comptroller to report generally 

Galling on Comptroller to report of Engraved Bonds 

Directing Comptroller to pay for Stamps 

Directing Comptroller and Secretary of State to report 

Directing Comptroller and Secretary of State to report.... 
Directing Comptroller as to payment of Railroad Receivers. 

Directing Comptroller to pay certain Witnesses 

Directing Comptroller to charge certain interest 

Lamenting death of Hon, M. A. Graves. 

Lamenting death of Hon. James M. Martin 

Galling on Board of Finance to report 

Requesting Directors of Penitentiary to report. • 

Sustaining State Credit •••••• 

To pay Members their per diem - 

Declaring certain Committees independent- 

Galling on Col. A. E. Boone for report-.... 

To investigate conspiracy 

Galling on Secretary of Board of Finance to report.. 

Galling on United States for troops 

Granting Hall to Judge Lewis...... ••••• 

Galling on Special Committee for report 

On the death of Thaddeus Stevens 

Granting use of the Hall to National Teachers 1 Association. 

To investigate charges against T. B. McElwee 

To print Comptroller's Report • 

Galling on Special Committee to report 

To pay Members, etc., in Specie 

Requesting Directors of Penitentiary to report. 

Calling upon the President for troopcu 

Directory to Inspectors of the Penitentiary.-. 

To adjourn sine die • 

Of thanks to officers 



s 

Suit against Conspirators, recommended 

Secret Organizations, Act to punish - 

State Guards, Governor may organise. •*.., 

Senate organized — Resolution No. 1 - 

Secretary of State called on for report , 

Secretary of State called on for report , 

Secretary of Board of Finance called on for report... 
Stevens, Hon. Thaddeus, Resolution as to death of..— 
Specie Basis adopted *.. 



Thanks, Resolution of, to Officers... 

w 



Watson, S., eleoted President Board of Finance.. 
Watson, S., newspaper war on 



Chap. 



Sec. 



Page. 



48 
88 
34 
84 
85 
41 
41 
42 
48 
46 
60 
61 
80 
89 
87 
88 
88 
39 
40 
40 
42 
48 
44 
44 
44 
45 
46 
47 
47 
48 
48 
49 
49 
60 
61 
62 



11 
18 
28 
88 
42 
48 
48 
45 
48 



52 



10 
10 



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