The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1869-01-29
THE MILITIA, LAW.
The Civil Law to be Suspended
-e A Dictator in Tennessee.

I"
The Civil Law to be Suspended
as A Dictator in Tennessee.
The following is the law Of Septem.
Der 10, 1863, as amended by the act or
January 16, 1859: p e'af'a 3itn :
An act to enforce the laws of the State. g
WHEREAS, There exists in this State
lawless bands of desperadoes, who are
setting at defiance civil law, and, by
threats of violence, are forcing many OF
our citizens to leave their homes and,
Whereas, In certain localities tits enc
tirely impossible for civil officers of the
State to enforce the laws thereof; in or
der that the supremacy of the law may
be maintained, and that peace and orr
der may prevail therefore, q i@lr.-h
SECTION l.. Be 1t enacted by the Gem
eral Assembly of the State of Tennes.
see, That the Governor be, and lie 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 Congression-
al district of the State: Provided, al
ways, that said Tennessee State
Guards" shall be composed of loyal
men, who shall take and subscribe an
oath to support the constitution of tho
United States and the constitution Of
the State of Tennessee. il'i
Sec. 2. Be it further enacted, That tho
State Guards organized under the pro-
visions of this act shall be governed and
regulated in all respects by the revised
rules and regulations Of the army Of
the United States. ' r.
Sec. 8. Be 1t further enacted. That the
Comptroller of the State shall issue his
warrant upon the Treasury, 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
pa yment of said estate Guards" not. to
exceed the sum of fifty thousand dollars
at any one time and the same shall bc
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 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
resurrection, or the opposition of the
people to the enforcement Of law and
order, the Governor be, and lie is here
by, empowered to declare martial law
in any county or counties of the State,
for the protection and safety Of the citi-
zens thereof; and furthermore. as 1t 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 turbu-
lent communities, 1t shall be the duty of
the Governor to assess and collect q
sufficient amount for the full payment of
said estate Guards" so employed, ont Of
said county or counties so declared nn-
der martial law, as provided for in Sec
! tions 3 and 4 of an act passed February
l., 1868. chapter 33. entitled ""An act to
amend an act for the protection of Sher-
iffs," etc. %" 'tFl t''i 8R .f,.
Sec. 8. Be 1t further enacted, That
the laws, and parts of laws, in conflict
with this act are repealed and this act
shall take effect from and after its pas
sage. ~ 'hi'i''H 'fi J" -hfn''fA.e
The following are the sections of the
act of February 1, 1868, referred to in
the above act: 90 ta '1f
Sec. 8. Be it further enacted. That
said County Guards shall furnish their
own arms and supplies, and shall bo
allowed two dollars per day for each
man, and one dollar per day for each
horse the Sheriff may deem it necessary
to use--to be paid out of the County
Treasury, upon the demand of the Sher-
iff, accompanied by his certified report
to the Clerk of the County Court, set
ting forth the number of Guards and
horses, and number of days served.
Sec. 4. BE it further enacted, That, in
case any County Court shall fail, or re-
fuse, at its first quarterly session after
the organization of the County Guards
provided for in this Act, and the Act
| this is intended to amend, to make a
sufficient appropriation for the pay
mcnt of said Guards, the Sheriff shall
notify the Governor of such failure, or
refusal and shall present to the Govern
or q copy of his report; whereupon,
it shall be the duty of the Governor to
send an Assessor, of his own appoint
ing, who shall levy and collect the nee
essary amount to pay said Guards, and
to continue them three months longer,
from the taxpayers of the county and
said Assessor shall be allowed six dol
lars per day for his services, in assessing
and collecting said taxes-to be estima-
ted by the Governor, in advance, and
collected with the taxes levied for the
payment of said Guards; Provided,
That if any balance remain in the
hands of said Assessor, he shall pay
the same overto the County Trustee,
and take a receipt therefor; and, Pro.
vided, That said taxes shall be levied
upon real estate alone and the process
of collection herein provided may be
repeated as often as may be necessary.
p% A gentleman travelling on stea-
mer, one day at dinner was making way