The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-01-25
TENNESSEE LEGISLATURE.
SENATE.

D
SENATE.
WEDNESDAY, January p.
The Senate net ut 10 a. ~.
The fsll-wiug message vas received from
the GoyernO-:
E2ECUTTyE D~EPAzrxEyT,l !
NASHVILLE, Tenn-,J Jan. q, lsG6.
6eslsBea Of the sersfs and House Il Represent
stses.
The military authorities, not only Of the I
Mlisery Division Of the Tennessee but Of /
the United States, have fo1ud Il NECESSARY
70 issue General Orders Tor the protect on Of
soldiers in the service, sEd Of citizens IL the
employment u the army during tbs late
civil war, from suits sgainst them for acts
done IN their military capseitv, or pursuant
10 orders from proper military authority.
also to protect from arrest or prose- cution sl
loyal citizens or pc sons charged with Of
fences against the rebel forces, directly or
indireetiys during the rebellion; and fur
Their, 20 protect al persons charged with
tae occuPa cy or use vi z~oaudoned lands Or
the p0 ses- on or custody Of property pur-
snant . he civil or military authority Of
the general Government. All 81 which
more "a ~ appear from copies Of General
Order No. p, issued ~ MAJOR Gen. Thomas
On the 2lst 0f September, 1865, and Of Gea-
eral Order No. ., issued BY Lieut.. General
Grant 90 the 18th Of January, 1866. which
are herewith transmitted.
the irsquen.a-rests and uu Just imprison-
ment Of discharged soldiers and citizens Tor
acts done Ia the service or employ OF she
United states dema1ded this decisive course
. the pat Of commanders.
atm authorized BY Major General Thorn
s. 70 state that while his duty demsnds s
strict execution OF these ord r., be regrets
the necessity that produced them that he
much prefers that The mantle OF protection
shOul1 be thTOsn around the loyal citizens
and discharged soldiers by the civil suthori-
ties. lie desires that the military power
shall aid aud not cont Of our courts and exc
cutiye officers. Every interference Of the
kind IL, 20 him, unpleasant. lie has takeB
great care 10 enforce proper discipline
among hs TOopI, and u prevent any
grounds .0r c mplaint OF the part OF citi-
Etus. In Justification 81 the military au-
iaorUes, and b show the propriety OF these
gsLe-al orders .or the prot ction uf dis
charged s~osdiers, / refer YOU 10 General
Ofder No ., issued BY General Thom.s, ia
which the q neral e~pjelns il upon al his
subordlnates 10 reqire "fhe utmost care and
attention. in the enforcement Of strict d,sciP-
line among the troops Of their command,
aud commanding that the persons and
properly OF all citizens be scrHPulon.ly re-
tpected and no unnecessary CT improper in
tereour.e with them permitted, ana no To-
reference with or arrests Of any citizen
Ice allowed unless upon proper authority
tom the district commander and then only
after q bona NE and we'll supper ed com
plant las bten submitted for Lts iei .rma-
tiou." The General also Orjers that "sum-
mary aud severe punishment be visited
upon all officers Or soldiers .or Ouurages
committed upon citizens.
With violations OF <uel ID u-TR As | have
Tecited, the ci,il courts have nothing what
ever 10 DO. An experience has shown that
militsry courts are alone competent 10 pun
ish military Officers, and that soldiers and
army employees should be amenabie TO
military law alone. Nevertheless, rebellaw-
yers aud rebel grand juries persist in Il
mentiBg prosecutions aud damage suits fer
acts done by soldiers snd army employees
ard done too under military orders and
in the line Of du,y.
The cha~ngsabieness Of military orders,
the uncertain duration OF the military Occu-
patton Of the State, and the liability OF q
change Of commanders, renders II necessary
that the more stable protection Of legislation
should be extended 10 the loyal peop.e Of
the State.
therefore recommend that you tmb0dy
the class Of cases recited in the orders OF
Generals Grant and Thoinss, ia an act OF
the General Assembly, aud strictly prohibit
the courts from taking any cOgnlzanes OF
them. ". G.. BEOWNLOW.
the following are tho General Orders re-
l-r.ed 10 above:
HEAnQ'Hs Diy. Og TaE TESS.,
Nashville, Tenn, September =, 1863
General Oldcls No. ~ I'D consequence
Of the many aud Tepested ap LEGATIONS made
To these Headquarters Tor protecJiua agalns,
unjust aad Illegal arrests and Imprisonment
OF citizens resident an tbis Military DyIs-
ion, who have Je5n IA the service Of The
United States, but now discharged, for acts
committed BY them whIle III the service and
under the orders Of superiOrs, tue Major
General commanding directs that depart
meLu aud district commanders will most
strictly pr, hibit and prevent all such acton
on tae part Of he c.yil authority, and will
Dot permit the arrest. imprisonment or trial
Of any person or pers rs Tor acts commit ed
by them as soldiers, while ia the service OF
the United States, and acting under orders
of their superiors. This order will not be
SO construed ~ 10 interfere IN any degree
with the requirements OF General Orders No.
p, c. s., from these Headquarters.
BY command Of Mai. Gen, Thomas.
Va. D.. WHIPPLE, A. A. q.
war DEP-r, ADJ'r GESEaAL's OFFICE,
WAsHINsToS, Jan. >, 1866.
Ge. etl Orders No.a.
To protect loysl persons against improper
civil salts and penalties IA late rebe'lious
States, military divisions und department
commander, whose commands embrace or
sre compo ed Of any Of the late rebellious
States, and VITO have not already dOle 20.
w.ll AZ once issue and enforce orders pro
tae.inE from prosecutor or suits ia the
State or municipal Courts Of such States, all
Officers and soldiers Of the armies Of the
Tnited States, aHd ell persons thsre.o at
tached, Or is in any wise thereto belonging,
subject 10 ssid authority, charged With ot
fences Tor act, Inc IN their military cepac-
ity, or pursuant - orders from proper milf
thry authority, and 20 protect irom suit or
prosecution al loyal cit zvus or pc sons
charged with offences done against tie rebel
forces, directly Or ind rectly, during tue ex-
isIencr o. the reb lliou; and all persons,
their agents " employees, charged with the
custody Of any kind OF property whatever,
who occupied, used, possessed or controlled
f, the same pursuaut 10 the order Of the Pres
ideut or any OF the civil or military depart
ments Of the B5S eminent. and 10 protect
them from amy penalties or damages that
may have been, or may BE-, pronounced or
adiudgri in said Courts IN any VI such cases,
and al o pr tecung colored persons from
rosecu ions in any Of said states charged
with licences for which white persons are
not prosreu' ed or punished 10 the same man
ntr AMI degre'.
( BIZ commHRd Of Lieut. Gen. Grant.
t0hciaD f.. d.. TowssESp, A. A. G..
The subject matter Of the message Was
referred 10 the Judiciary c mmittee.
A memorial was received from suEdry
%eiti1eus Of Granger county, asking aid 10 The
z amount OF $4,000 TO repair the Beans sts-
ton Turnpike Company.
Mr.. Hale introd4ced Senate bill Tor the
purchase OF the dwelling Of the Capitol on
, edar street for a gubernatorlal residence.
Passed first reading.
Mr.. Frazie-. OF Knox, introduced q ball 20
Incorporate The Good inteut Cosl ul and
: Mining Company. Passed y Il reading.
D The following House balls psssed their
drsl reading:
To Incorporate the Great Northwestern
Tennessee Petroleum. Mining sId Manu-
iacturing Conn any.
To incorporate the Memphis Union Pub
fishing Company
To authorize Egoch Bacon 20 build a Mill
Dam across the NolIs Chanky River.
p To Increase Jailor's Fees.
b. To estatlisn a Ninth Chancery District.
q To tarHish the Hsll Of the House OF Rep
reseutatiyss with the pgstIaIt Of andres
Johus0u.
TO charter the United States Mining and
Manufacturing Company.