Year: 1868




The following is the militia law as !!
finally passed the two Houses Of the
Legislature on the 10th instant:


An act to enforce the laws Of tho State;


WHEREAS, Mere exists in this Stats
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 l. Be ii enacted by the Gen.
eral assembly of the State of 1ennes.
see, That the Governor be and he is here
by authorized aud empowered to organ
ize, equip and call into active service, at
his discretion, a volunteer force, to be
known as the Tennessee State Guards"
to be composed of one or more regiments
from each Congressional District Of the
State; provided always, that said Ten
nessee State Guards shall be composed
of loyal men, who shall take aud sub
scribe an oath to support the Constitu-
ton of the United States aud the Consti.
tuition of the State of Tennessee.


SEC. 2. Be ii 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 IL further enacted. That
the Controller 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 ex-
ceed 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 replaced
as hereinafter provided.


SEC. 4. Be IL further enacted, That
whenever full Representation is made to
the Governor. from any county or coun-
ties 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 or
counties, that the laws cannot be en-
forced, and the good citizens of that
county or counties cannot be protected
in their just rights on account of rebellion
or insurrection, or the opposition of the
people to the enforcement of law and
order, the Governor be and he is hereby
empowered to declare martial law in any
county or counties of the State for the
protection and safety of the citizens
thereof, and to qrarter said troops within
any county or counties so declared under
martial law, in such number as may be
necessary for the preservation of peace
and the protection of the lives of citizens
thereof; and furthermore, as it is right
and proper that the peaceable and law
abiding citizens of -the State should not
be held responsible or suffer loss for the
violent acts of such turbulent communi.
ties, it shall be the duty of the Governor
to assess and collect sufficient amount
for the full payment of said State Guards
so employed out Oh salu county OF cOun-
ties declared under martial law, as pro-
vided for in sections 8 and of an act
passed February /, 1868, chapter xxxiii,
entitled IAN act to amend an act for the
protection of Sheriff." etc.


SEC. 5. Be il further enacted, That
upon the application of the sworn state
ment of ten or more known unconditional
Union men of good moral character, or
three Justices of the Peace Of any county
in this State. setting forth that the civil
laws cannot be enforced, and that the
citizens cannot be protected
in their rights aud liberty without the aid
of the military authorities, it shall be the
duty Of the Governor to furnish such
number of troops as may be necessary to
enforce the laws and protect the citizens
from violence.


SEC 6. Be IL further enacted, That
al laws and parts of laws in conflict with
his act are repealed, and this act shall
AXE effect and be in force from aud after
is passage.