Year: 1868

Was There any Necessity for an Extra
sessionl


We have said that the Governors mes
sage means war-bloody, relentless war.
What else can it mean? SO far as he
has called the attention of the Legisla-
ture to subjects demanding their con-
sideration and action, what necessity
was there for converting that body to tax
the people with the tax of session at
| 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. Arnell got
thoroughly frightened by some wag of
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 confidence in
Sans ability as General, and so 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 government, and
instead of seeing that the laws for the
preservation of the peace were enforced,
be applied to General Thomas for force
to be distributed through different coun-
ties in Middle and West Tennessee.
Now, in connection with these alleged
disturbances of the peace, there are
some facts which should be carefully
considered by the Legislature. The
civil off GERS in all the counties of Middle
and West Tennessee, with comparatively
few exceptions, are members of the
Radical party. Why have they not exc
them to do? Gov. Brownlow very
strangely does not attempt to account for
this glaring direiction of duty In his
letter of the 29th ult, to Gen. Thomas,
he admits that " the sheriffs in the rebel
lions counties, for the most part, are
strangely silent, as strangely reluctant to
comply with the provisions of the law. b"
The Governors supposition that this re-
luctance arises from one of two causes
is mere guess work. Now why did not
Gov. Brownlow instruct the Attorney
General for the district or districts in
which these faithless sheriffs reside to
proceed against them for failure to dis
charge their duty2 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
processes The act of February l, 1868,
authorizes the Sheriff of any county to
recruit county guards by the employ
meDt of any of the loyal citizens of this
State;" and these guards are to be paid
for the time they may be in service by
the county. But why has not the Gov
ernor taken the authority in his own
hands, as he is empowered by the law to
do, in those "rebellious counties where
the .Sherifs "are strangely silent and as
strangely reluctant to comply with the
provisions of the law p The act of Feb
ruary /, 1868, confers this authority
upon the Governor in just such cases as
he refers to in his letter to Gen. Thomas


Section I. Belt further enacted, That
in case any sheriff of any county OF this
State shall wilfully fail or refuse to exc
cute 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 Of
tenders in his county or shall fail to ap'
prehend offenders from other counties,
or States, under lawful process; or, in
case any sheriff shall fail, or be unable
to provide himself with the necessary
county guards for the preservation OF law
and order, it shall be the duty OF the
Judge and Attorney General of the cir
cult including such county, to certify
such failure or refusal to the Governor;
or, upon the affidavit Of two known loyal
citizens 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 and estab-
lish 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 to establish Metro
politan Police District, and to provide
for the government thereof; and be
shall, by proclamation, declare such
county to be metropolitan district; and
the officers and members Of such county
police shall, from the date of their APP
pointment, have all the powers, rights
and authority, and shall be subject to the !
same duties, and liable TO the same pen |
allies. as are conferred, declared, and
established BY said act to establish said |
Metropolitan Police District; and shall
receive the same pay, which shall be paid !
and collected as provided for in this act |
for payment Of county guards; provided,
that the jurisdiction and authority Of
said county police shall be co-exiensive |
With the county, and they may pursue
offenders, upon q proper warrant and
make arrests in any part Of the State |
and. urovided. that the Governor may