Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-07-30
WAS THERE ANY NECESSITY FOX
An EXTRA SESSION.

1 40 AAO nus GuaACA NIO hbNChAAOA Va bAAN
Legislature TO subjects demanding then
consideration and action, what necessity
was there for eOnyening that body to tax
the people with the cost Of session al
this time The Governor processes to
be greatly concerned about the peace OF
the State, which he insists is seriously
menaced by the Ku-Klux. Arnsll got
thoroughly frightened by some wag of a
fellow perhaps who knew and appreciated
his weak point and he frantically called
upon the Governor to empower him to
call upon the militia ito suppress all
armed and masked parties" in that
vicinity, but the Governor does not APP
pear to have had much con-
fidenee in Sans ability as a Gen
eral, and 20 he did not empower"
him. 1t is quite likely that some other
parties, who were as badly frightened as
Arnell, had worked upon the fears of the
Governor until he came to believe that
there was a great force organized and
equipped to overthrow the State governs
ment, and instead of seeing that the laws
for the preservation of the peace were
enforced, he applied to General Thomas
for force to be distributed through diff
ferent counties in Middle and West Ten
nessee. Now, in connection with these
alleged disturbances of the peace, there
are some facts which should be carefully
considered by the Legislature. The
civil officers in all the counties Of Middle
and West Tennessee, with comparatively
few exceptions, are members of the Radi-
cal party. Why have they not executed the
laws as their oaths required Thorn to do ?
Gov BrownlOw very strangely does not
attempt to account for this glaring dere-
LECTION of duty. Ia his letter of the 29th
ult to Gen. Thomas, he admits that the
Sheriffs in the rebehious couhties, for
the most part, are strangely silent, and
as strangely reluctant to comply with
the provisions of the law" The Cover
nor's supposition that this reluctance
arises from one of two causes Is mere
guess work. Now why did not Governor
Brownlow instruct the Attorney General
for the district or districts in WHICH these
faithless SherifEs reside to proceed against
them for failure to discharge their duty 7
1t may be that they, instead Of the
Ku-Klux, need looking after by
this Legislature The law has made
ample provisions for the Sheriffs who
are disposed to discharge their duty in
cases of outbreak or when they may find
themselves unable to execute civil pro-
cesses. The act of February |, 1868
authorizes the Sheriff of any county to
recruit county guards by the employ
ment of any of the loyal citizens of this
State aud these guards are to be paid
for the time they may be in service by
the county But why has not the Gov
ornOr taken the authority in his own
hands, rs he is empowered by the law to
do, in those "rebelliOus counties whore
the Sherifs ARE strangely silent and as
strangely reluctant to comply with the
provisions of the law 2" The act Of Feb
ruary l, 1868, confers this authority up
ON the Governor in just such cases as
he refers to in his letter to Gen Thomas:
Sec. 7. Be il further enacted, That in
case any Sheriffof any county of this State
shall willfully fail or refuse to execute the
necessary process, and make the necessary
arrests for the protection Of the citizens
and the preservation of law and order, and
for the punishment of offenders in his coun-
ty; or shall fail to apprehend offenders
from other counties, or States, under law
fal process; or ia case any Sheriff shall
fail, or be unable 90 provide himself with
necessary county guards for the preserva-
ton of law aud order, il shall be the duty
of the Judge and Attorney General of the
circnit including such county, 10 certify
such failure or refusal TO the Governor; or
upon the affidavit of two known loyal citi-
zeus Of this State, Of such failure, or refusal
of The Sheriff; and it shall be the duty of
the Governor forthwith, by his Executive
order, TO organize aud establish sufficient
county police IN such county, to- arrest
offenders and preserve the peace; and
for such purpose, he shall have all
the powers conferred upon him by an act
passed May l4th, 1866, entitled " An act
10 establish Metropolitan Police district,
and 10 provide for the government there
of :" and he shall, BY proclamation, declare
such county 60 be a Metropolitan district.
and the officers aud members Of such county
police shall, from the date Of their appoint. |
ment, have all the power, rights and au-
thority, and shall be subject TO the same
duties, and liable TO the same penalties "a
are conferred, declared and established by |
said ACT to establish said Metropolitan Po- |
lice district; and shall receive the same
pay, which shall be paid and collected as |
provided IN this act, for payment of county /
guards. Provided, That the Jurisdiction /
and authority OF said county police shall be /
with the county and they |
may pursue offenders, upon proper war, |
rant, and make arrests 10 any part Of the /
State; and, provided, that the Governor
nav increase or diminish the number Of /
officers and members OF such police at his
discretion.
Sec. IL. Be il further enacted, That The
Governor shall have power, in his discre-
lion, in cases Of sPPrehe1ded outbreak, on
public occasions, or Of anticipated resist
lnos 10 The laws By combination OF large
plumbers Of persons 10 order the establish
nent Of special county police, or Of the
employment OF county guards in esch
county in which such outbreak may appear
to be commanded by such per-
on as be may appoint which force shall
continue on duty until the danger Of sach
outbreak OF resistance ceases 20 exist, and
10 longer, when he shall disband them ]