CHAPTERIXKU-KLUX OUTRAGESItdoes not fall within the limits of our subject to go into the general history of Ku-Klux Klan. This mysterious organization originated in Tennessee, but it soon spread beyond the borders of the State, and became the organ of all those who believed in resorting to violent measures to secure the emancipation of the Southern States from negro and carpetbag domination. Its history, therefore, belongs under the general history of Reconstruction. Nevertheless, the study of the civil disturbances in Tennessee resulting from the war would indeed be incomplete without some account of the operation of the Ku-Klux within the borders of the State. It formed the chief occasion for interferences with civil liberty, as well as for congressional legislation, which rendered the Radical government so hateful in the eyes of the ex-Confederates.The first official reference to disturbances of an extraordinary character is found in Governor Brownlow’s first message to the Legislature. In this, he calls the attention of the Legislature to “the roving bands of guerrillas and squads of robbers and murderers who frequent those counties remote from the military forces.” He recommended that the criminal law of the State be so revised as to make house-stealing, and house-breaking, and highway robbery punishable with death. Acting upon his recommendations, the Legislature, in May, 1865, passed a bill to punish “all armed Prowlers, Guerrillas, Brigands, and Highway Robbers.” But as yet there were no indications, either in the message of the Governor or the action of the Legislature, that these early disturbances were of a political character.The Ku-Klux Klan did not come into existence until the following year. The little town of Pulaski, in Giles County, claims the doubtful honor of being its birthplace. It seems to have originated with a coterie of young men, who banded together for the purpose of obtaining amusement by playing upon the superstitious fancies of the negroes. They organized themselves into a lodge, and adopted a fantastic ceremony and ritual. Their meetings were held at night, and they usually came together mounted on horseback, and wearing hideous disguises. They frightened the negroes by telling them horrible ghost stories.It was quickly seen that the measures adopted purely for amusement could be turned into practical use in controlling the negro. The conditions were ripe all over the South for such an organization, so it spread like wildfire. Lodges sprang up in all parts of the Southern States, with the possible exception of Virginia. A loose bond of union was formed between them, but in different localities they assumed various names, such as “The Pale Faces,” “The Invisible Empire,” “The Brotherhood.” They were all finally denominated “The Ku-Klux Klan.”Somewhat antedating the Ku-Klux Klan, and almost equally rapid in growth, were the Union secret societies. They also bore various names, the most popular being “The Loyal League” and “The Union League of America.” They were devoid of any fantastic features, and did not, as a rule, resort to violent measures, but their object was the same as the rival organization, namely, to secure political control of the negro.In the spring of 1867, the Radical newspapers of Knoxville, Nashville, and Memphis commenced to be filled with reports of outrages committed upon negroes and Union men. Upon investigation, these reports oftentimes turned out to be either wholly untrue or greatly exaggerated, but they served to throw the Radical party into a state of intense excitement. Their leaders believed, or professed to believe, that another general insurrection was threatened. Acting under this conviction, the Legislature passed a bill on the twentieth of February, 1867, to equip and call into active service, under the absolute command of the Governor, a State Guard to be composed solely of Union men. It also passed a joint resolution requesting the Governor to “apply to General Thomas, the commander of the department, for a sufficient force of United States soldiers to keep the peace and restore order and quiet in our State.”[14]In response to this application several regiments were furnished by General Thomas, but he cautioned that they should be used only in aid of the civil authority.These Ku-Klux outrages followed closely upon the passage of the Arnell Franchise Law. This bill, as we have pointed out, made the political disabilities of the ex-Confederate absolute and perpetual. It destroyed the last hope of regaining political control of the State, through legal and constitutional means. As a natural result, public opinion commenced to tolerate acts of violence which till then had been strongly condemned. The best men of the communities, while they did not take active part in the Ku-Klux movement, gave it their approval by a policy of acquiescence. Juries refused to commit, even upon the clearest evidence, persons accused of offences against negroes or Union men.A crisis was reached in the spring of 1868. Mr. S. M. Arnell, the framer of the election law and Congressman from the Eighth District, was made the object of a Ku-Klux raid. Having narrowly escaped hanging through flight and concealment, he sent the following dispatch to the Governor: “The Ku-Klux searched the train for me last night, pistols and rope in hand. Empower me to call upon the military here, if necessary in your name, to suppress all armed and masked parties in this vicinity. I propose to fight it out.“Upon the receipt of this dispatch, Governor Brownlow made a second request for federal troops. This time he received an unfavorable response. General Thomas informed him that “the State of Tennessee, being in full exercise of the civil functions of a State, the military authority of the United States cannot legally interfere except in aid and support of the civil authority. For these purposes troops have been sent to various locations. These details, together with the present demand for troops to assist the United States officers in collecting revenue, have so exhausted the forces at my command as to prevent the complying with your request to send companies to the counties named.”Governor Brownlow now had recourse to an extra session of the Legislature. His message was couched in the most violent language. “The rebel element of the State,” he said, “were secretly arming themselves, and perfecting a military organization, known as the Ku-Klux Klan, composed of ex-rebel soldiers, and those in sympathy with them, thus violating their paroles at the time of their surrender, and violating the laws of the State, and plotting and planning mischief in every respect.“These men have been arming and organizing for a year past, with an eye to the overthrow of the State government, and, ultimately, to carrying the State in the presidential election. Organized upon the same basis, and having the same dark designs in view that found a fit culmination in Booth’s assassination of Abraham Lincoln, it works in secret with signs, symbols, and pass-words, hatching plans to scatter anarchy and permanent disorder wherever it may have an existence. I recommend, most emphatically, that these organized bands of assassins and robbers be declared outlaws by special Legislature, and punished with death wherever found.”[15]The violent language of the message aroused the greatest alarm among the Democratic leaders of the State. They feared that if the measures recommended by the Governor were adopted, civil war would indeed result. A meeting was held at Nashville in August, and a memorial to the Legislature was framed, by the following men, all of whom had been generals in the Confederate army: N. B. Forrest, B. F. Cheatham, W. B. Bate, J. C. Brown, Bushrod Johnson, Gideon J. Pillow, W. A. Quarles, S. R. Anderson, G. G. Dibrell, and George Maney.In this memorial they expressed a deep solicitude for the peace and quiet of the State, protested against the charge of hostility to the State government, or of a desire for its overthrow by revolutionary or lawless means, as well as against the charge that those who had been associated with them in the past days contemplated any such rashness or folly; nor did they believe that there was in Tennessee any organization, public or secret, which had such a purpose, and that, if there was, they had neither sympathy nor affiliation therewith. They further declared, that the peace of the State did not require a military organization; that such a measure might bring about and promote collisions rather than conserve the harmony and good order of society; and finally that they would pledge themselves to maintain the order and peace of the State with whatever influence they possessed, and would uphold and support the laws and aid the constituted authorities in their execution, trusting that a reciprocation of those sentiments would produce the enactment of such laws as would remove all causes disturbing society.“For,” they continued, “when it is remembered that the large mass of white men in Tennessee are denied the right to vote or to hold office, it is not wonderful or unnatural there should exist more or less dissatisfaction among them. And we beg leave respectfully to submit to your consideration that prompt and efficient action on the part of the proper authorities, for the removal of the political disabilities resting upon so many of our people, would heal all the wounds of our State, and make us once more a prosperous, contented, and united people.”[16]This memorial came too late to allay the excited minds of the Radicals. On the 10th of September, the Legislature passed a bill “to preserve the public peace.” This bill imposes “a fine of not less than five hundred dollars, and imprisonment in the penitentiary for not less than five years, and renders infamous any person who shall unite with, associate with, promote or encourage any organization of persons who shall prowl through the counties and towns of this State, by day or night, for the purpose of disturbing the peace or alarming the peaceful citizens of any part of the State. In order to secure the proper execution of this act, the same punishment is to be meted out to any person summoned as a witness, who shall fail or refuse to obey the summons, or who shall appear and refuse to testify; the same to any prosecuting attorney who shall be informed of the violation of the act, and fail or refuse to prosecute the person informed on; the same to any officer or other person who shall inform any other person that he was to be summoned as a witness, with the intent of defeating any of the provisions of the act; the same to any one who shall feed, lodge, or entertain or conceal in the woods, or elsewhere, any one known to such person to be charged with an offence under the act.”The act further provides, that “no indictment shall be required for prosecution, and no indictments held insufficient for want of form; that where any sheriff or other officer shall return process issued under the act, unexecuted, an alias shall issue, and the officer shall give notice to the inhabitants of the county of such alias by posting a notice at the court-house door, and if the inhabitants shall permit the defendant to be or live in the county without arrest, they shall be subject to an assessment of not less than five hundred dollars and not more than five thousand dollars; that all the inhabitants of the State shall be authorized to arrest offenders under the act, without process; that every public officer shall swear that he has never been a member of the Ku-Klux Klan.“ The measure of damages was as follows: For entering the house or place of residence of any officer at night, in a hostile manner, or against his will, ten thousand dollars; and for the killing of any peaceable individual at night, twenty thousand dollars. All other damages were to be assessed in proportion.[17]Even the passage of this extraordinary law did not satisfy Governor Brownlow. Under his guidance, the Legislature re-enacted the military laws, and conferred upon him the power to declare martial law whenever and wherever he saw fit. He did not suffer this prerogative to remain idle. On the 20th of January, 1868, he called the State Guards into active service. Several days later he issued the following proclamation:“Whereas, There are now sixteen hundred State Guards at Nashville armed and equipped under the command of Joseph Cooper; andWhereas, These troops are intended to preserve peace and enforce the laws in counties heretofore in partial rebelion.“Now, therefore, I, W. G. Brownlow, Governor of Tennessee, do hereby proclaim martial law in and over the following named counties, to wit: Overton, Jackson, Maury, Giles, Marshall, Lawrence, Gibson, Madison, and Haywood.“And I further direct that General Cooper distribute these troops at once and continue them in service until unmistakable evidence is given by all parties of a disposition to keep the peace.“W. G. Brownlow,“Governor of Tennessee.”The counties named in the proclamation were among the richest and most populous in the State. Their prominent citizens were unanimous in condemning what they conceived to be the tyrannical and arbitrary action of the Governor. The following is a fair sample of the numerous protests made through the public press[18]:“Nashville, February 21, 1869. I see that martial law is declared over the county of Lawrence, the county I have the honor to represent, which I must acknowledge greatly astonished me, for I know of no person or persons who complained of any depredations in the county, or that there was any difficulty at all in enforcing the law in said county; but on the contrary, the people of the said county are at this time, and have been for some months past, more peaceable, quiet, and law-abiding than they have been for the past ten years; and only a few days ago James H. MacKay, sheriff, Ira J. Brown, clerk of the Circuit Court, and other officials of said county in a written communication to the Governor, stated that there was no difficulty in enforcing the civil law in said county, and consequently no necessity for the militia or other troops to enforce law, all of whom are men of respectability and worthy of credit, and the persons specially named above were soldiers of the Federal army during the late Rebellion, and are all now, and always have been, members of the Radical Republican party.“I am at a loss to know why troops should have been quartered upon the people of my county without consulting their immediate Representative. I think surely some person or persons have made misrepresentations to the Governor, and sincerely hope that the order will be revoked and save my people the mortification and expense of having troops quartered amongst them in times of profound peace. ‘Let us have peace.’“W. P. H. Turner,“Representative, Lawrence County.”Governor Brownlow answered these protests by declaring his intention to further extend the sway of martial law. But fortunately for the peace of the State, only a few days of his term as Governor remained. Under his successor the troops were withdrawn and the military laws were repealed. A state of tranquillity quickly ensued.[14]Acts of Tennessee, 1867-68,p.22.[15]Acts of Tennessee, Extra Session, 1868.[16]SeeWhy the Solid South, by Hilary Herbert, and others.[17]Acts of Tennessee, Extra Session, 1868,p.18.[18]Union and American, February 21, 1869.
Itdoes not fall within the limits of our subject to go into the general history of Ku-Klux Klan. This mysterious organization originated in Tennessee, but it soon spread beyond the borders of the State, and became the organ of all those who believed in resorting to violent measures to secure the emancipation of the Southern States from negro and carpetbag domination. Its history, therefore, belongs under the general history of Reconstruction. Nevertheless, the study of the civil disturbances in Tennessee resulting from the war would indeed be incomplete without some account of the operation of the Ku-Klux within the borders of the State. It formed the chief occasion for interferences with civil liberty, as well as for congressional legislation, which rendered the Radical government so hateful in the eyes of the ex-Confederates.
The first official reference to disturbances of an extraordinary character is found in Governor Brownlow’s first message to the Legislature. In this, he calls the attention of the Legislature to “the roving bands of guerrillas and squads of robbers and murderers who frequent those counties remote from the military forces.” He recommended that the criminal law of the State be so revised as to make house-stealing, and house-breaking, and highway robbery punishable with death. Acting upon his recommendations, the Legislature, in May, 1865, passed a bill to punish “all armed Prowlers, Guerrillas, Brigands, and Highway Robbers.” But as yet there were no indications, either in the message of the Governor or the action of the Legislature, that these early disturbances were of a political character.
The Ku-Klux Klan did not come into existence until the following year. The little town of Pulaski, in Giles County, claims the doubtful honor of being its birthplace. It seems to have originated with a coterie of young men, who banded together for the purpose of obtaining amusement by playing upon the superstitious fancies of the negroes. They organized themselves into a lodge, and adopted a fantastic ceremony and ritual. Their meetings were held at night, and they usually came together mounted on horseback, and wearing hideous disguises. They frightened the negroes by telling them horrible ghost stories.
It was quickly seen that the measures adopted purely for amusement could be turned into practical use in controlling the negro. The conditions were ripe all over the South for such an organization, so it spread like wildfire. Lodges sprang up in all parts of the Southern States, with the possible exception of Virginia. A loose bond of union was formed between them, but in different localities they assumed various names, such as “The Pale Faces,” “The Invisible Empire,” “The Brotherhood.” They were all finally denominated “The Ku-Klux Klan.”
Somewhat antedating the Ku-Klux Klan, and almost equally rapid in growth, were the Union secret societies. They also bore various names, the most popular being “The Loyal League” and “The Union League of America.” They were devoid of any fantastic features, and did not, as a rule, resort to violent measures, but their object was the same as the rival organization, namely, to secure political control of the negro.
In the spring of 1867, the Radical newspapers of Knoxville, Nashville, and Memphis commenced to be filled with reports of outrages committed upon negroes and Union men. Upon investigation, these reports oftentimes turned out to be either wholly untrue or greatly exaggerated, but they served to throw the Radical party into a state of intense excitement. Their leaders believed, or professed to believe, that another general insurrection was threatened. Acting under this conviction, the Legislature passed a bill on the twentieth of February, 1867, to equip and call into active service, under the absolute command of the Governor, a State Guard to be composed solely of Union men. It also passed a joint resolution requesting the Governor to “apply to General Thomas, the commander of the department, for a sufficient force of United States soldiers to keep the peace and restore order and quiet in our State.”[14]In response to this application several regiments were furnished by General Thomas, but he cautioned that they should be used only in aid of the civil authority.
These Ku-Klux outrages followed closely upon the passage of the Arnell Franchise Law. This bill, as we have pointed out, made the political disabilities of the ex-Confederate absolute and perpetual. It destroyed the last hope of regaining political control of the State, through legal and constitutional means. As a natural result, public opinion commenced to tolerate acts of violence which till then had been strongly condemned. The best men of the communities, while they did not take active part in the Ku-Klux movement, gave it their approval by a policy of acquiescence. Juries refused to commit, even upon the clearest evidence, persons accused of offences against negroes or Union men.
A crisis was reached in the spring of 1868. Mr. S. M. Arnell, the framer of the election law and Congressman from the Eighth District, was made the object of a Ku-Klux raid. Having narrowly escaped hanging through flight and concealment, he sent the following dispatch to the Governor: “The Ku-Klux searched the train for me last night, pistols and rope in hand. Empower me to call upon the military here, if necessary in your name, to suppress all armed and masked parties in this vicinity. I propose to fight it out.“
Upon the receipt of this dispatch, Governor Brownlow made a second request for federal troops. This time he received an unfavorable response. General Thomas informed him that “the State of Tennessee, being in full exercise of the civil functions of a State, the military authority of the United States cannot legally interfere except in aid and support of the civil authority. For these purposes troops have been sent to various locations. These details, together with the present demand for troops to assist the United States officers in collecting revenue, have so exhausted the forces at my command as to prevent the complying with your request to send companies to the counties named.”
Governor Brownlow now had recourse to an extra session of the Legislature. His message was couched in the most violent language. “The rebel element of the State,” he said, “were secretly arming themselves, and perfecting a military organization, known as the Ku-Klux Klan, composed of ex-rebel soldiers, and those in sympathy with them, thus violating their paroles at the time of their surrender, and violating the laws of the State, and plotting and planning mischief in every respect.
“These men have been arming and organizing for a year past, with an eye to the overthrow of the State government, and, ultimately, to carrying the State in the presidential election. Organized upon the same basis, and having the same dark designs in view that found a fit culmination in Booth’s assassination of Abraham Lincoln, it works in secret with signs, symbols, and pass-words, hatching plans to scatter anarchy and permanent disorder wherever it may have an existence. I recommend, most emphatically, that these organized bands of assassins and robbers be declared outlaws by special Legislature, and punished with death wherever found.”[15]
The violent language of the message aroused the greatest alarm among the Democratic leaders of the State. They feared that if the measures recommended by the Governor were adopted, civil war would indeed result. A meeting was held at Nashville in August, and a memorial to the Legislature was framed, by the following men, all of whom had been generals in the Confederate army: N. B. Forrest, B. F. Cheatham, W. B. Bate, J. C. Brown, Bushrod Johnson, Gideon J. Pillow, W. A. Quarles, S. R. Anderson, G. G. Dibrell, and George Maney.
In this memorial they expressed a deep solicitude for the peace and quiet of the State, protested against the charge of hostility to the State government, or of a desire for its overthrow by revolutionary or lawless means, as well as against the charge that those who had been associated with them in the past days contemplated any such rashness or folly; nor did they believe that there was in Tennessee any organization, public or secret, which had such a purpose, and that, if there was, they had neither sympathy nor affiliation therewith. They further declared, that the peace of the State did not require a military organization; that such a measure might bring about and promote collisions rather than conserve the harmony and good order of society; and finally that they would pledge themselves to maintain the order and peace of the State with whatever influence they possessed, and would uphold and support the laws and aid the constituted authorities in their execution, trusting that a reciprocation of those sentiments would produce the enactment of such laws as would remove all causes disturbing society.
“For,” they continued, “when it is remembered that the large mass of white men in Tennessee are denied the right to vote or to hold office, it is not wonderful or unnatural there should exist more or less dissatisfaction among them. And we beg leave respectfully to submit to your consideration that prompt and efficient action on the part of the proper authorities, for the removal of the political disabilities resting upon so many of our people, would heal all the wounds of our State, and make us once more a prosperous, contented, and united people.”[16]
This memorial came too late to allay the excited minds of the Radicals. On the 10th of September, the Legislature passed a bill “to preserve the public peace.” This bill imposes “a fine of not less than five hundred dollars, and imprisonment in the penitentiary for not less than five years, and renders infamous any person who shall unite with, associate with, promote or encourage any organization of persons who shall prowl through the counties and towns of this State, by day or night, for the purpose of disturbing the peace or alarming the peaceful citizens of any part of the State. In order to secure the proper execution of this act, the same punishment is to be meted out to any person summoned as a witness, who shall fail or refuse to obey the summons, or who shall appear and refuse to testify; the same to any prosecuting attorney who shall be informed of the violation of the act, and fail or refuse to prosecute the person informed on; the same to any officer or other person who shall inform any other person that he was to be summoned as a witness, with the intent of defeating any of the provisions of the act; the same to any one who shall feed, lodge, or entertain or conceal in the woods, or elsewhere, any one known to such person to be charged with an offence under the act.”
The act further provides, that “no indictment shall be required for prosecution, and no indictments held insufficient for want of form; that where any sheriff or other officer shall return process issued under the act, unexecuted, an alias shall issue, and the officer shall give notice to the inhabitants of the county of such alias by posting a notice at the court-house door, and if the inhabitants shall permit the defendant to be or live in the county without arrest, they shall be subject to an assessment of not less than five hundred dollars and not more than five thousand dollars; that all the inhabitants of the State shall be authorized to arrest offenders under the act, without process; that every public officer shall swear that he has never been a member of the Ku-Klux Klan.“ The measure of damages was as follows: For entering the house or place of residence of any officer at night, in a hostile manner, or against his will, ten thousand dollars; and for the killing of any peaceable individual at night, twenty thousand dollars. All other damages were to be assessed in proportion.[17]
Even the passage of this extraordinary law did not satisfy Governor Brownlow. Under his guidance, the Legislature re-enacted the military laws, and conferred upon him the power to declare martial law whenever and wherever he saw fit. He did not suffer this prerogative to remain idle. On the 20th of January, 1868, he called the State Guards into active service. Several days later he issued the following proclamation:
“Whereas, There are now sixteen hundred State Guards at Nashville armed and equipped under the command of Joseph Cooper; andWhereas, These troops are intended to preserve peace and enforce the laws in counties heretofore in partial rebelion.
“Now, therefore, I, W. G. Brownlow, Governor of Tennessee, do hereby proclaim martial law in and over the following named counties, to wit: Overton, Jackson, Maury, Giles, Marshall, Lawrence, Gibson, Madison, and Haywood.
“And I further direct that General Cooper distribute these troops at once and continue them in service until unmistakable evidence is given by all parties of a disposition to keep the peace.
“W. G. Brownlow,“Governor of Tennessee.”
The counties named in the proclamation were among the richest and most populous in the State. Their prominent citizens were unanimous in condemning what they conceived to be the tyrannical and arbitrary action of the Governor. The following is a fair sample of the numerous protests made through the public press[18]:
“Nashville, February 21, 1869. I see that martial law is declared over the county of Lawrence, the county I have the honor to represent, which I must acknowledge greatly astonished me, for I know of no person or persons who complained of any depredations in the county, or that there was any difficulty at all in enforcing the law in said county; but on the contrary, the people of the said county are at this time, and have been for some months past, more peaceable, quiet, and law-abiding than they have been for the past ten years; and only a few days ago James H. MacKay, sheriff, Ira J. Brown, clerk of the Circuit Court, and other officials of said county in a written communication to the Governor, stated that there was no difficulty in enforcing the civil law in said county, and consequently no necessity for the militia or other troops to enforce law, all of whom are men of respectability and worthy of credit, and the persons specially named above were soldiers of the Federal army during the late Rebellion, and are all now, and always have been, members of the Radical Republican party.
“I am at a loss to know why troops should have been quartered upon the people of my county without consulting their immediate Representative. I think surely some person or persons have made misrepresentations to the Governor, and sincerely hope that the order will be revoked and save my people the mortification and expense of having troops quartered amongst them in times of profound peace. ‘Let us have peace.’
“W. P. H. Turner,“Representative, Lawrence County.”
Governor Brownlow answered these protests by declaring his intention to further extend the sway of martial law. But fortunately for the peace of the State, only a few days of his term as Governor remained. Under his successor the troops were withdrawn and the military laws were repealed. A state of tranquillity quickly ensued.
[14]Acts of Tennessee, 1867-68,p.22.
[15]Acts of Tennessee, Extra Session, 1868.
[16]SeeWhy the Solid South, by Hilary Herbert, and others.
[17]Acts of Tennessee, Extra Session, 1868,p.18.
[18]Union and American, February 21, 1869.