Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-02-03
TENNESSEE LEGISLATURE.
SENATE.

4
he IL A. NJ, Speaker Thomas in the chair
le MEMORIAL.
d Mr.. Cooper, of Davidson, presented
x memorial from the directors and officers G
the Edgefeld and Kentucky Railroad Com
q pany, asking for relief 1t was referred T.
v the Committee on Internal Improvements
GOVERNORS MESSAGE.
4 A message from the Governor in relation
!, to the recent violations of the law and dis
I turbances of the peace by persons In dis
: guise, was read and ordered to be trans
!, mitted to the other House. The subjec
matter of the message was referred to the
Judiciary Committee.
We give the message as follows:
Gentlemen of the Senate and House of Represen
tatives:
It is with profound regret l realize the
necessity of directing your attention to the
alarmingly frequent violence to the peace
and dignity of the State, in the maltreat-
ment, and even atrocious murders, Of her
citizens, by persons generally reported in
disguise or unknown. Many of the States
citizens have been outraged in their priv
leges and persons by cruel indignities; not
afew slain outright, without charge of hav-
ing, in anywise, offended the laws; whike
others under criminal charges have been
forcibly wrested from the custody of the
| law, and their blood deliberately shed by
bodies of men without the least shadow of
authority. That these enOrmities can be
IN our midst without the perpetrators in a
single instance being even arrested to
answer for their lawless and criminal acts,
demonstrates the existence of OrgGRIg,sttOB
on their part, not only dangerous TO the
individual citizen and adverse to the public
dignity, but formidable even to the public
peace and safety
| While The law lately enacted for sur
preston of these outrages must do honor
to the purposes of your honorable body,
trust it will not be accepted as an impro-
priety on my part to respectfully suggest
doubts of its suficiency to reach and
remedy the evils aimed at. AS not single
arrest has yet been made for the grossast
violation Of already existing laws, although
such violations have been frequent, and the
largest rewards allowed have been often if
not invariably offered to bring to Justice,
it may be fairly concluded that such often
ders are protected by organizations ade-
| quate, by terrorism, the force of numbers,
| or other means, to effect security against
the ordinary civil process and officers Of the
| law. The public misfortune seems not so
much want of law as lack of
| power to enforce that we have.
That in some instances the peace officers
| of county should be under the influence,
or even in confederation with the Grim
inals, or that the body of its people should
be prevented, by terror, from cooperation
for their suppression, Ia not more marvel
GUS than that such crimes, in the most
heinous fora, should have been so often
repeated in this State with such universal
IMMUNITY.
In this view, | recommend that Off not
contrary to our State Constitution our
statutes be so amended that the Executive
| shall have power at his discretion, to ap-
point for counties where such violations
Of law are committed, and no arrest of the
offenders made, special officers, with all of
the powers of sheriffs to summon posses,
make arrests, and do all like things neces-
sary to bring offenders to justice Such |
officers to be commissioned as peace officers |
of the State, and clothed with all the pro-
lection, in exercise of their lawful powers
and duties, which can be afforded officers
of the law ; and also, that the Executive be
authorized by law to appoint and commits
sion special prosecuting attorneys in Judi
cial circuits where there may be, in his |
Judgment, default on the part of the regular |
Attorney General in the proper prosecu- |
ton of such offenders to indictment and |
conviction in the courts-such appoint
ments by the Governor TO be confirmed by
the Senate, if in session.
1t will be observed that my recommend
alton of remedies for the evils indicated |
have, thus far, been strictly confined to |
means within the civil law; and as | have |
never, during my administration of its du- |
ties, murmured at the disposition of any |
to diminish the powers of the Executive of |
the State, it will certainly not be considered |
that l now suggest any increase of such |
powers for other purposes than the main /
tenance Of order and suppression of VIC |
lence. If there is valid constitutional OBJ |
lection to the course suggested, then ! |
recommend that your honorable body /
adopt such means as VIII most tend to /
enable the Executive to secure, in all |
counties of the State, the most efficient |
practicable support to the laws and protec- |
ton of society. Surely, confession that the |
governing powers of our State arc impo- |
tent to remedy these heinous outrages can |
not be recOnciled with the proud claim
that we enjoy the most perfect form Of gov |
eminent yet devised by the wisdom and |
experience of man. Perhaps the distinctive |
genius of our republican institutional Is not |
that we are less, but that we are better, |
governed than those under other systems.
Not so much that the ruler, with US, is. less |
absolute than even Sultan or Gar, but rath-
or that, while these are but human, wearing |
all the frailties and vices of humanity, the |
other, in the purity OF principle, and |
unswayed by such imperfections, under its /
mystic title, ''the law, without partially or |
prejudice" commands what Is right and |
prohibits what is wrong, equally to all
Let every citizen but feel that the arm of /
the law in its power alike reaches the |
strongest in his guilt and protects the |
weakest in his innocence; that, Gin his |
lying down and his going forth, under its |
inyincible shield, he is secure against all |
sage the Lqao, and its absolutism can never |
be felt by any az tyranny; but so shall the |
State have honor abroad, security at home, |
and reverence in the hearts Of all its citi- |
Zens.
Gentlemen, in contrast to this the evils |
mentioned are with us. Shall we, under |
our solemn duties, and with the ample |
powers of prevention, permit citizens, in |
the darkness of night, to be snatched from |
their homes by the hand of violence, and |
subjected to death penalties, without even |
the form of accusation? Shall the States
| high prerogative to dispose Of the life OF |
her subjects be usrrrped by armed bands, |
wearing strange disguises, instead of the |
mantle of her law? Even if we could thus
prove untrue to ourselves and |
solemn trusts, it would not avail |
free judgment final, in favor OF vio-
! lence and against the citizens security,
the laws onacting, and the dignity of the |
State; for, let it be considered, in our poll
teal relations and obligations, we are but |
| component, subject parts of great, supreme |
government, with purpose noble and fixed, |
to assure protection, for allegiance, to its
| citizens in each part of its wide domain;
| and that its power is yet to be fathomed by |
| opposition from abroad or at home.
d. w. @. SENTEB.
Before the reference was made MIR.
Etheridge said that the tone of the message
| did credit to the Governor Of the State. He
said that one Of his constituents had been
at his back urging HIM that something
should be done to allow him to return home
and enjoy the peace he was entitled to as
| citizen. He was glad the message had been
addressed to the Legislature The Cover
nor had written it in the proper sense of
his responsibility The very best citizens
| of the State were fleeing from their homes
because combinations were being formed
| throughout the State against them. The
Judiciary Committee should act promptly
upon this matter. OBJ ..-t -.+a
| COMMITTEE OF ooEFBEEECE
Mr.. Etheridge, from the Committee OF
| Conference, on the disagreeing votes of the
l ii IIo,,so nf tativea on