The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1868-09-18
The Militia Bill.


following bill, which is now law. We
give it to our readers as it comes to us
through the Nashville papers, and pre-
sumo that it is essentially correct.
Though not so bad as the original House
bill, it is bad enough we should think
to satisfy the most intense and thought
less loaguers in the country. 1t pla-
ces a large discretionary power in
the hands of the Governor, which we
think nothing but the EXTREMIST neces-
sity would tempt him to exercise. 1t
will be seen that the bill is sweeping in
its provisions, even to the repeating
of the constitution. We annex the
vote by which the bill passed in each
! house:
AN ACT to enforce the laws of the State:
| WHEREAS. There exists in this State
lawless bands of desperadoes, who are
setting at defiance civil law, and by
threats and acts of violence are forcing
many of our citizens to leave their
homes; and,
WHEREAS, In certain localities it is
entirely impossible for the civil officers
of the State to enforce the laws thereof:
in order that the supremacy of the law
may be maintained, and that peace and
order may prevail therefore,
SECTION |. Be it enacted by the Gen
eral Assembly of the State of TeRnes-
see, That the Governor be and he is
hereby authorized and empowered to
organize, equip and call into active SER
vice, at his discretion, volunteer force,
to be known as the Tennessee State
Guards to be composed of one or more
regiments from each Congressional dist
riot of the State; provided always that
said Tennessee State Guards shall be
composed of loyal men. who shall take
and subscribe to an oath to support the
Constitution of the United States and
the Constitution of the State of Tennes-
see.
SEC. 9. Be it further enacted, That
the State Guards organized under the
provisions of this act shall be governed
by the revised rules and regulations of
the United States army
SEC. 3. Be it further enacted. That
the Comptroller of the State shall issue
his warrant upon the Treasurer, payable
to the order of the Governor, for any
amount in the opinion of the Governor
actually necessary for the organization,
equipment, transportation, support, and
payment of said State Guards, not to
exceed 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 re-
placed as hereinafter provided.
Sec. A. Be it further enacted, That
whenever II full representation is made
to the Governor from any county OIL
counties by the Judge and the Attorney
| General of the circuit in which said
county is situated, and the Senator and
Representatives and ten Union men Of
good moral character, of said county OF
counties, that the laws can not be ell.
f forced, and the good citizens of tina
: county or counties can not be protected
in their just rights'on account of rebel
lion or instruction, or the opposition
1 of the people to the enforcement of law
and order, the Governor be, and he i
p hereby empowered to declare MARTA
=, law in any county or counties of thu
State for the protection and safety O
the citizens thereof, and to quarter sale
l troops within any county or counties Sc
declared under martial law, in sucl
number as may be necessary for thu
,, preservation of peace and the protection
of the lives of citizens thereof: and fur
thermore, as it is right and proper tina
the peacable and law-abi1ing citizens o
the State should not be held responsible
or suffer loss for the violent acts o
such turbulent communities, it shall b.
the duty Of the Governor to assess ant
collect sufficient amount for the full
payment of said State Guards so en-
ployed out of said county or countie
declared under martial law, as provided
for in sections 3 and of an act passet
, February1, 1865, chapter XXxiii, entitled
+ can act to amend an act for the protec
ton of Sherifis," etc.
Sec. 8. Be it further enacted, Tha
upon the application of the sworn state
ment of ten or more known uncOndi
tional Union men of good moral charac
ter, or three Justices of the Peace o
any county in this State, setting fortl
that the civil laws can not be enforced
and that the law-abiding citizens cal
g not be protected in their rights and lib
| erty without the aid of the military au
9 thorities, it shall be the duty of tn,
Governor to furnish such number O
troops as may be necessary to enforc,
}. the laws and protect the citizens from
S violence.
SEC 6. Be it further enacted, That al
: laws and parts of laws in conflict will
- this act are repealed, and this act shall
: take effect and be in force from and afte
e its passage.
The following is the vote in the Sen
} ate on the bill:
: Ayes-Aldridge, Eaton, Frierson
l Henderson, Keith, Mathews, Norman
= Rodgers, Wyatt and Speaker Senter-l1
Noes-Cate, Elliott, Fuson, Garner
Lindsly, Lyle, Mccall and Patterson-S
A.: The following is the vote in tn,
House:
-; Ayes-Baker, Bowles, Chiles, eagle
! Cordell, Dame, Dowdy, Dyer Faux
ner, Galbraith, Griffith, Gilmer, Hodges